Prostitution -
Thailand/Canada Comparisons
Highlights from an Essay at
http://www.essaydepot.com/essayme/826/index.php
Introduction
Prostitution exists in almost all cultures and civilizations of the world today.
Just as the cultures differ richly from one another, prostitution and
prostitution policy vary greatly throughout the globe. Although the act of
prostitution itself is widely similar all over, the policies that are affecting
the sex trade are the most influential in shaping the unique and individual sex
industries of different countries. This paper takes a look at two very different
countries with very different cultural value systems within them. Not
surprisingly their perspectives on prostitution differ significantly as well.
These two nations are Canada and Thailand; classic examples of Western culture
and Eastern culture. We have found no study that suggests that prostitution is
more prevalent in either culture, but in general prostitution carries less of a
social stigma in Eastern Nations, especially Thailand, than it does in the
Western Nations.
Prostitution laws in Canada
Throughout Canada’s history, prostitution has been legal. However, a visitor or
even a citizen may never be aware of this fact. (omit all the details on seldom
enforced but illegal bawdy house, living off the avails and public (street)
solicitation restrictions - result is only outcall prostitution is 100% legal in
Canada)
Offences in relation to Prostitution focus mainly on acts committed in the
public eye, including women attempting to stop moving vehicles, impeding the
regular flow of pedestrians, or making an attempt to communicate with others
with the intent to offer sexual services (Dave note but only applies in public
places, nothing illegal about communication in newspapers, Internet, telephone)
(section 213(1)), these are all considered summary (minor) offences.
Although the written laws against prostitution are relatively clear, the overall
goal of Canadian prostitution is not. There is no prohibition of the buying and
selling of sexual services. This is what makes the Canadian law on prostitution
unclear. A set of codes has been created so that it would be very difficult for
a person to prostitute without breaking the laws, however the avenue of
prostitution is still accessible. One may conclude from the criminal code that
the government’s purpose in regard to prostitution is to keep it off the streets
and out of the public eye. (Dave notes: This is the same as in most of Europe
and the rest of the world except the U.S which is unique since all prostitution
is illegal.)
There are many large municipalities who facilitate the off-street trade by means
of licensing it and regulating it. In this case, laws against prostitution are
rarely enforced. At the same time, Canadian politicians have almost entirely
abolitionist views concerning prostitution, regardless of the fact that
prostitution itself is legal. The “prostitution problem”, which erupted in the
early 1980’s, was not so much concerning prostitution itself, but the spread of
the street trade.
The Fraser Committee, the Special Committee on Pornography and Prostitution was
established in 1983 to make recommendations for Prostitution policy making. In
1977, in Toronto there was a ‘clampdown’ on massage parlors and other venues
after the sexual assault of a shoeshine boy on Toronto’s Young Street strip.
However, after making tighter regulations, the un-expected result was only more
street prostitution. The Fraser Committee concluded that the main problem in
Canadian prostitution law is that “it is at odds with itself” [The Fraser
Institute, Canada],
Canadian laws of prostitution are definitely un-clear. Many Canadians may be led
to believe that the act of prostitution is illegal, because it is treated so.
The problem remains on the streets of major cities and ‘slums’ because it is not
tolerated anywhere else. Political leaders maintain their abolitionist views and
citizens voice complaints about the effects of street prostitution (noise,
traffic congestion, litter and harassment). Moreover in a Judeo-Christian
influenced society, the citizens uphold moral values, which are not uniform to
other beliefs around the globe.
What is particularly interesting about comparing Canada and Thailand is the
irony that exists within their prostitution policies. In Thailand adult
prostitution with an adult is technically illegal, theoretically punishable by
up to 10 years in prison, however the practice of prostitution is almost
entirely accepted, especially in brothel-type setting, which in Thai law carries
a higher penalties. However these brothel-bars are flourishing within Patpong
and Bangkok. In the Canadian system, the legislation developed a double jeopardy
situation, which is a complete contradiction of the law. Prostitution is allowed
in the privacy of one’s own home, but they are not allowed to go to any
designated area, like red-light districts, or brothel houses, to procure a girl.
This leaves a sex industry in Canada that is still widely tolerated, however
underground.
The sex industry in Thailand is one of the most famous sex industries of the
world. Thailand is a country that has lured travelers for hundreds of years,
with the promises of exotic delights. Today Thailand still offers such
pleasures, including a unique sex trade, including one designed specifically for
the farang, or the Caucasian tourist. It should be noted that the vast majority
of the sex industry in Thailand is operated for Thai’s only. Only a very small,
very limited, and very touristy area is operating for Westerners. Thailand does
however have a sex-tourism industry that Canada absolutely does not have.
Travelers from all over the world come to Thailand specifically for the sex.
Selling sex is technically illegal, but buying sex is not, and rarely is anyone
arrested in the Thai sex industry except for the occasional child-offender.
Unlike Canada, Thailand has a more visible and much more exotic industry. (Dave
notes that most of the Western tourist places offer "special services" as
"entertainment places" which is specifically exempt from the Thai prostitution
law.)
The age of consent for sex in Thailand is 15 and for those working in the sex
industry or soliciting sex, it is 18. Although 16 and 17 year old girls are
frequent throughout the city. They often do not make attempts to conceal their
age, and most don’t see their actions as having substantial consequences. Thai
law is much stricter when dealing with sexual offences involving minors, because
of the countless numbers of youth who are pressured into the industry. Illegal
female trafficking is prevalent in Thailand, although Thailand feels that the
rest of the world exaggerates these claims.
In 1996 The Thai Government introduced new legislation designed to proactively
combat the negative effects of prostitution. Although the Act introduced more
legislation, it is generally more tolerant towards prostitution than previous
laws, however one can easily see the influence of anti-child pornography
sentimentalities. As of 1996 penalty for prostitution was much reduced, to being
almost officially tolerated. However customers found using the sexual service of
a child prostitute (under the age of 18) will be punished with mandatory jail
sentences. Penalties remain for managers, producers, supervisors, and owners of
prostitution rings. More serious penalties were established in respect to child
trafficking, making it easier for the government to punish the common act of
families placing their children into sexual servitude·. To what extent this has
reduced this awful practice is not yet fully known, but child trafficking
remains a serious problem in Thailand. Much more so than in Canada.
Taking aside the specific legal differences in prostitution policy between
Canada and Thailand, what are the moral differences between the two countries?
The most striking difference between them is the general acceptance of
prostitution in Thailand compared to the still very traditional and very
repressive Western attitude that discourages sexual business. It seems that the
predominant opinion in Western society is that all prostitution hurts women.
This leads to an incredible social stigma that surrounds prostitutes in Canada
that does not affect prostitutes in Thailand. Prostitutes can be easily found
all over the world, yet why do so many tourists flock to Bangkok just for sex?
The most common response is that unlike Canadian prostitutes, Thai women really
to enjoy their work. Thai girls don’t feel as if they are selling away some
sacred vestment, but more as if they are girlfriends for rent. Many Thai
prostitutes are only interested in keeping one client at a time, so long as the
client is paying for the girl’s basic needs. This type of behavior is widely
accepted in the tourist districts of Thailand, and these girls who service the
farangs are part of an established subculture.
Dave notes: I agree Canadian bred sexworkers (except those from Newfoundland and
Quebec) have more the U.S. attitudes of being legal outcall prostitutes for the
money not the enjoyment like in Thailand and the French-Canadians of Quebec. But
many Eastern European women also come to Canada who enjoy intimacy and sexuality
more like Thai women. There are of course exceptions wtih U.S. and Canadian born
sexworkers who also very much enjoy intimacy and sexuality more than just for
money, but they are far fewer in percentages in my experience than the foreign
born women.
What does the future hold for Canada and Thailand? Although Canada has recently
been increasing criminalization policies, the effects of these policies are just
now being looked at. In 1995 many provinces worked together to form the
Federal-Provincial-Territorial Working Group on prostitution. The Working Group
has been since trying to reform prostitution laws throughout Canada. Referring
once again to that Judeo-Christian ethic, the biggest problem in handling
prostitution for Western countries is that nobody wants to enact any law that
seemingly condones prostitution. The growing opinion is however that the
problems of prostitution are not problems of social morality, but problems of
social order, and accepting prostitution is the quickest way to control it. As
far as Thailand goes, they may not have the technology or industry of the
Western nations, but they are advanced enough to have already realized that sex
for sale is not a threat. It seems as if the state of affairs will continue in
Thailand, as they are now, for quite some time.
Dave notes, the criminalization move in Canada is related to the terrible street
prostitution problem which is only a very minor summary offense with few
penalties to deter street prostitution. There are numerous other movements to
reform the seldom enforced bawdy house restriction (incalls) as such laws have
been modified in much of Europe (to allow more than one women per flat),
Australia (which now has legal brothels in some cities) etc.
The attraction of Canada is that outcall sexwork is 100% legal and its tolerance
of other private erotic options (nude-reverse body slides, nothing wrong with
telephone or non street solicitation etc. Thailand of course continues to be an
erotic travel destination since Westerner's visit legal options and vast
majority have no interest in the child trade which is and should be illegal.
The Frasier Commission Report is now a bit outdated but also points out the
confusing situation in Canada where prostitution has always been legal, but not
incall, street solicitation or living off the avails. Also see" Prostitution Law
Reform in Canada John Lowman, School of Criminology, Simon Fraser University at
http://mypage.uniserve.ca/~lowman/ProLaw/prolawcan.htm
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