New Zealand Decrim - Possible Example for Canada & U.S.
In my view much of the failure to decriminalize (decrim) private consenting adult sexwork in the U.S. is the street hooker issue. In Canada its been an obstacle for reforming the bawdy house and agency restrictions. New Zealand maybe has a balanced approach we can learn from and help reform movements in the U.S. and Canada.
New Zealand's public pressure
to reverse decrim of street hookers.
New Zealand is used as an example by the decrim advocates of what they want to
achieve in Canada and other countries. The decrim zealots want to make street
solicitation legal which is a failed concept in almost all of the world where
its been tried. Even special zones set up in Europe have mostly resulted in more
crime, child trafficking and have been failures.
Yet the decrim zealots want to force the public to accept street hookers rights
to be "in the face" of the public, regardless of how upset the public is.
Since private sexwork, with various restrictions for incalls, is already legal
in most of the world except the U.S. the decrim issue in most countries centers
on public street hookers.
Press Release: Manukau City Council (3rd largest city in New Zealand)
24 November 2005
Manukau City Council is seeking strong support from all MPs for the successful
passage through Parliament of two local bills on prostitution which were
introduced to the House on 22 November. The bills will undergo their first
reading on 7 December and if successful will be referred to a select committee.
Mayor Sir Barry Curtis who has advocated long and hard on both issues says, “I
appeal to Manukau residents: if you want change, lobby your local MP on both
issues. In September a rally was held at Hunters Corner against prostitution and
a petition was signed supporting both bills which has been sent to Parliament.
“You have the power to help bring about change and clean up your environment.
Wednesday 7 December is our biggest hurdle to clear. We need to raise awareness
of the bills’ importance for our city and gain support of MPs so that they pass
their first reading. I, along with Councillors and Council officials, will be
continuing to lobby hard to bring about change to improve the quality of life
for our residents. “This week I am sending a letter to the Prime Minister,
Ministers of the Crown and all Members of Parliament summarising the bills and
requesting their support.”
The Local Bill on street prostitution aims to give authorities the powers to
prevent street prostitution by prohibiting soliciting in public places in
Manukau City. This applies to both street prostitutes and their clients and to
nuisance conduct connected with street prostitution. It also provides Police
with powers to request information, to issue instant fines of $500, to arrest
suspected offenders, and to prosecute offenders in Court that may result in a
fine of up to $10,000.
Sir Barry says, “The Bill is part of a multi-pronged approach to limit
prostitution to legally established brothels. The Bill does not re-criminalise
prostitution in the whole of the City. Prostitution would continue within safe,
regulated and lawfully established brothels (outcalls have always been legal of
course as in most of the world except the U.S.). Street prostitution is not
conducive to any of the aims of the Prostitution Reform Act 2003, which aims to
safeguard the health and safety of sex workers and limit persons in that
industry to those over 18 years of age.”
The Prostitution Reform Act 2003
made ALL adult prostitution and brothels a legal occupation in New Zealand but
may have too many restrictions on brothels. In fact the government has online
their "Brothel Operator Certificates." There are reasonable health and safety
requirements such as using condoms, local bylaws can restrict signage and
brothel locations, and a provision to outlaw pimping. The entire Act is at
http://www.sexinnz.co.nz/news2.htm#REFORM%20ACT%202003
The Accident Compensation Corporation (like our Workers Compensation) says,"
Both prostitutes and brothels will come under the ACC classification for
"personal services not elsewhere classified" which is the category that also
covers massage parlours. This classification falls within the broader Levy Risk
Group 690, Personal and Other Services – Medium Risk Group.
ACC will cover the normal range of injuries, as it does already. Cover is
unlikely to be available for sex workers who become pregnant in the course of
their employment as this would not be considered a personal injury under the
Injury Prevention, Rehabilitation, and Compensation Act 2001. But it may be
available for a sexually transmitted infection if the tests are met that are set
out in Section 30 IPRC Act 2001 for work-related gradual process, disease or
infection."
However there is great concern that it also decriminalized street hookers and
the legal situation is unclear. Section 14 of the Act allows local governments
to make bylaws "regulating the location of brothels of any scale, but not
extending to other businesses of prostitution." It was hoped that by making
brothels legal women would choose to work from their own homes (as allowed as
home business in zoning rules) and get off the streets. But after the
Reform Act there are still many street hookers which it seems can't be
restricted under the Act.
Dave
says, this idea could be used for reform laws in Canada (and hopefully
some day in the U.S.) Instead of insisting on total decriminalization, realize
the overall public view that private consenting adult sex should not be a legal
issue, yet public street soliciting is a huge public nuisance issue. Therefore,
increase penalties for street solicitation, while providing safe legal
alternatives. In addition programs should be expanded to provide drug rehab for
street hookers with diversion programs that would eliminate criminal street
solicitation convictions. Provide help to the street hooker, who usually is
desperate for drug money be a responsible citizen who can choose to work if she
chooses in a safe incall or private sexwork as an option. But not stoned and not
on the streets
In Canada, abolish the bawdy house law and make incalls subject to the same type
of zoning requirements as any other legitimate business. Eliminate the living
off the avails and procuring laws that can be used against agencies, but keep
them for parasitic pimp type relationships.
Another concern with reforms that include legalization of brothels (vs. decriminalization) is in some countries requirements for legal brothels is too restrictive. In most of the world private sexwork has always been legal and without any medical testing or in most cases licensing requirements. There is no evidence that private sexwork has any above average health risks - in fact risk is probably far lower than having sex with a non sexworker.
The licensing and medical
requirements may make some folks feel good but they are totally unneeded for
public health issues. Yes include in the law that condoms are required.
That is as far as a law should go.
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