Legalization vs. Decriminalization of Private Sexwork



Legalization views prostitution as a vice that needs to be heavily contained and controlled. In places that have legalization systems, such as out state Nevada, Amsterdam, Germany and the State of Victoria in Australia etc., sex pros must register at the police station, be photographed, fingerprinted and give very personal info about themselves to the police. (Anyone previously convicted of prostitution is denied a license). Which doesn't make a whole lot of sense does it?

One can only work in certain licensed areas, and those brothel owners that end up owning the (highly expensive) licenses may just be business owners interested in the money not the sexworkers. Typically, the house takes 50%, then the government takes another 25%, in the form of "sin" taxes. Sexworkers are charged inflated prices for such basics as clean sheets, soap, meals, (usually the cheapest take-out food), so they are lucky to take home 25% for their services often for 12 hour shifts and little right to refuse clients or activities the sexworker may not wish to provide

Often the brothels require health checks which can make the situation worse from the sexworker. All sexually active people should be responsible for their own sexual health. No, you can't pass on that responsibility to a government official so customers can have unsafe sex with sexworkers.

What we've seen happen in places like Germany, where they have legalization and forced STI checks, is that the checks are done on Thursdays. The pro then has to display her Grade A Disease Free Meat certificate on the wall of her room. (While the brothels officially state they insist on condom use, the girls tell a very different tale). The client then walks in, checks that she's disease free and says, "Great, you don't have anything! I'm not wearing a condom".

The reason we can get clients to use condoms is because they're concerned about getting something from us, not because they're worried about giving us an STI. When that "bargaining chip" is taken out of the equation, we're left with no way to protect ourselves. Also, if a pro does contract a STI, from coercive unsafe sex, her license is revoked and a new girl is brought in.

Many sexworkers refuse to participate in any kind of government legalization schemes. While they take an active role in their sexual health, they will not allow any agents of government to be poking and prodding around their vaginas.

Forget that most would work illegally, like they do now.

DECRIMINALIZATION
Decriminalization views prostitution as a legitimate and necessary business. Its implementation would entails removing in private prostitution related offences from the Criminal Code, for consenting adults. In places that have decriminalization, such as the state of New South Wales, Australia, sex pro's may operate freely, without the threat of criminal charges and / or the state seizing their assets.

Brothel licenses are not required, so sex pro's can open their own operations. Individual sex pro's do not require a license and with zoning requirements as for any other business. However if a brothel is being a true nuisance to its neighbors, it can be shut down if there are legitimate complaints or illegal activities going on such as under aged or drugs. But this would be very rare based on history in other countries.

Public street hooking would continue to be illegal as a public nuisance unless in special zones set up by local governments. It would be up to the citizens to decide if they want any zones set up to help protect the street hooker.

Sexworkers in places that are decriminalized pay income taxes at the same rate as any other small business owner.

No government or religion in history, including the most repressive, (i.e. those that have the death penalty for prostitution, Iran, Afghanistan, etc.) have ever been able to eradicate our noble profession. For the simple reasons that money and sex are so much more powerful governments and /or religions.

It is beyond time for the U.S. to decriminalize private consenting adult sexwork.

This is a good summary modified somewhat from the position of Sex Professionals of Canada (Spoc) proposals. In Canada, prostitution has always been legal but not incalls (bawdy house law) rarely enforced unless complaints. Spoc like many other decriminalization movements also insists that public nuisance street hookers be decriminalized. That insistence has doomed any decriminalization attempts in the U.S. (San Fran and Berkeley examples) and if insisted in such inclusion will probably result in no further decriminalization beyond current outcall. Repealing bawdy house laws so can have incalls make it much safer than being on the streets and there already are many incalls that aren't bothered by LE with no issues being raised by their neighbors.

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