7/21/2021
7/21/2021
Jiayin Wang
A00914567
Jiayin Wang
A00914567
Challenging Prostitution Laws in Canada
A look at the current relevancy and efficacy of the laws regarding sex work in Canada
Challenging Prostitution Laws in Canada
A look at the current relevancy and efficacy of the laws regarding sex work in Canada
Despite facing much stigmatism from the general public, sex work is starting to become more popular with the emerging generation. With the advent of internet, many Millennials and Generation Z views sex work as a widely normalized practice in today’s society. Despite the oncoming generation’s acceptance of this line of work, the Canadian government has firm stance on criminalizing any sort of sex work and continues to uphold outdated laws. The Canadian government claims that prostitution is justified as a criminal activity as it is a practice that exploits vulnerable women and girls among many other reasons. Is the Canadian government right in outlawing prostitution?
In many places of the world, the practice of selling sex is against the law. First introduced in Sweden, the Nordic model was created in 1999 to regulate and criminalize prostitution (Narciso Wilson, 2020). Here in Canada, we followed the Nordic model and introduced the Bill C-36 which is the Protection of Communities and Exploited Persons Act (PCEPA). The PCEPA passed in 2014 states “prostitution [is] a form of sexual exploitation that disproportionately and negatively impacts on women and girls” (Department of Justice Canada, 2014). Under the PCEPA, it is legal for workers to sell sexual services, but it is illegal for anyone to purchase it. One of the reasons that the Canadian Government condemns the practice of sex work is attributed to the belief that all sex workers are helpless victims being exploited for their bodies. One of the most common arguments that the government claims is that young girls who are very easily influenced by an older male is usually manipulated into sex work (Durisin & van der Meulen, 2021). These claims commonly include women over 18; an Ontario MP claims that “most of the victims of trafficking in Ontario and in London are young women: 93% are female, and almost half are between the ages of 18 and 24.” (Durisin & van der Meulen, 2021). This creates a connection between child abuse and prostitution, and in many people’s eyes believing them to be one and the same. This ideology is what formed the basis for bill C-36, as it shifts the blame of criminal activity onto the purchaser while giving the sex workers themselves an image of the “helpless victims” exploited and abused. This causes an issue where many sex workers over the age of 18 are being underrepresented and instead thrown into the category of abused children. This also suggests that many if not all sex workers were in some way manipulated or coerced into prostitution, where in reality many women thought out the work themselves without an “pimp” dictating their actions or forcing them to. Many sex workers also attribute their choice of work not to absolute necessity but rather preference for a certain lifestyle (Narciso Wilson, 2020). One Toronto woman (Shirley, n.d.) mentioned that she initially got into the sex work industry as a way to make ends meet but soon found the experience fulfilling and empowering. She also explains that through sex work she was able to begin a journey to self-discovery and be more comfortable with her sexuality. This is a common feeling among many sex workers. In a 2004 study done on male sex workers, 39.1% reported that they enjoyed the work, and said that since they have started sex work they started to gain more self confidence and have become more adventurous.
Many people question that whether prostitution can be a legitimate and functioning business if it were legalized, and if it could contribute to the economy of a country. Although most of the world have made prostitution illegal, there are a few places such as certain states in the US and UK, the sex work trade is legal, although regulated. Nevada for example is one of the few places in the US that legalized prostitution. An article reveals that there are around 20 fully licensed brothels throughout the various counties in Nevada (Rindels, 2018). In terms of profit, the institutions do not pay taxes on prostitution, rather a licensing fee. In 2017, Nye County generated $141,779 and Lyon County generated $384,000 in brothel licensing fees (Rindels, 2018). For comparison, in the fiscal year of 2017, the licensing fee for liquor for the entire state of Nevada was only $219,756 (State of Nevada Department of Taxation, 2017). From these numbers we can argue that prostitution is a profitable business and greatly benefits the economy. A study (Abrams, 2020) observes that more than half of a group of males ages 60-84 years will visit sex workers 13-24 times a year, showing that the demand for sex work is high. Additionally, the study also shows that many single males with higher income will likely pay for the “girlfriend experience”. Like the name suggests, the “girlfriend experience” entails not only sex but also intimate emotional experiences. This suggests that many clients do not seek sex workers’ services purely for sex, perhaps enlists the services of sex worker as other means of emotional intimacy.
Other concerns of prostitution from the general public includes the increase of risks of STD transmissions. The misconception is that sex workers are at a higher risk for STD as they engage in intercourse with many different partners. However, the reality is that sex workers are much more knowledgeable about sexual health and practices than the average person. Since the state of Nevada legalized sex work, it was able to take advantage in regulating STD tests. In Nevada “Prostitutes must also pay for weekly STD tests and sex worker registration cards, which vary in price by county.” (Rindels, 2018). In New Zealand, another country that have decriminalized sex work in 2003, it is reported that only 3.7% of sex workers do not attend regular health checkups at their doctors for STD, and of that demographic, most of the sex workers were able to find alternatives such as sexual health centers or the New Zealand Prostitution collective (Narciso Wilson, 2020). The New Zealand model proves that with the decriminalization of prostitution and supportive government initiatives the risks of STDs amongst sex workers can be easily mitigated.
Another reason that the Canadian government outlawed prostitution is that that they believe in this line of work, women are often mistreated or abused by their patrons. The government claims that its actions to criminalize such activities will reduce the number of sex work and in return reduce the amount of violence against sex workers. This action not only does not prevent violence related crimes against sex workers, but also has the reverse effect. In recent years, many sex workers have come forward to comment on the issues surrounding consent and exploitation. Many commented that while a certain amount of exploitation exists in their line of work, it is not near the amount perceived by the general public (Benoit, 2021). And while they did encounter exploitation in their line of work, they mention that they did not encounter it any less than normally would in a differ job. Many sex workers talk about they do not see themselves as “helpless victims of predatory clients” (Benoit, 2021), but rather an equal part in an exchange of service.
Due to the bill C-36, one would expect that sex workers would call the police for help given that the law only criminalizes the purchaser, but that is not the case. A high number of sex workers are hesitant to call the police due to social and other types of profiling (Crago, Bruckert, Braschel, & Shannon, 2021). Many women sex workers actively avoid the police as they are ostracized based on racial stereotypes. In 2018 out of all the women who were stopped by police and asked to produce their ID in Vancouver, 20% were indigenous despite only make up for 2% of the population (Crago, Bruckert, Braschel, & Shannon, 2021). Another study conducted in Maryland where prostitution is illegal, looked at the correlation between the relationship between police officers and sex workers (Abrams, 2020). The research showed that 78% of female sex workers surveyed experiences some form of abuse from the police, with 41% experiencing on a daily or weekly basis. From these results, it would seem that sex workers face a lot of scrutiny from the very members designed to protect them. This is unsurprising as a survey showed that majority of US citizen feel some sort of negative connotation connected with prostitution (Abrams, 2020).
The Swedish sex workers’ association believes that “the new laws scared away normal clients but not violent ones, leading to an increase in violence both on the streets and elsewhere” (Narciso Wilson, 2020). The anti-sex work laws also create a situation of “spatial switching” which causes prostitutions to be moved to a more concealed location rather than eliminating it. This is counter intuitive as rather than helping potential victims it moves them to a less populated area where they are less likely to be discovered and receive help (Narciso Wilson, 2020). For example, In Vancouver most illegal sex work is conducted in some unreputable locations such as Downtown East Side (Narciso Wilson, 2020). This is done to increase the level of privacy and avoid police officers. However, by being close proximity to such dangerous locations dramatically increases the risk for sex workers to be caught up in gang related activities or drugs.
While there are still many stigmatisms surrounding prostitution, the industry shows no signs of declining. I believe the first step to rectifying the situation is by fully decriminalizing sex work. The New Zealand Prostitution Reform Act (PRA) in 2003 legalized sex work and allowed any citizen over the age of 18 to sell sex related services. Even though many feared that the act would cause an explosive increase brothels or trafficking, the sex work industry’s size has stayed the same (Crichton, 2015). Since then, sex work in New Zealand was seen in a new light, with many stigmatisms surrounding the matter slowly shed away. New Zealand also reported “over 90 percent of sex workers believed the PRA gave them employment, legal and health and safety rights. A substantial 64 percent found it easier to refuse clients. Significantly, 57 percent said police attitudes to sex workers changed for the better.” (Crichton, 2015). With better regulations and government support initiatives many issues surrounding prostitution could be resolved or at least minimized. By decimalizing sex work, brothels can operate within the law and therefore is able to create safe spaces for sex workers to operate. With regulations also come with health benefits and other rights, which will reduce the chance of women being trafficked and exploited. The general stigmatism surround sex would also decrease as a result of decriminalization as people start to normalize the practice. Continuing to criminalize sex work and painting the sex workers as victims only serves to make them more vulnerable and in turn really makes them the victims, creating a self-fulfilling prophecy.
References
Abrams, T. (2020). Perceptions of prostitution: What drives opposition?
Benoit, C. (2021). Editorial: Understanding Exploitation in Consensual Sex Work to Inform Occupational Health & Safety Regulation: Current Issues and Policy Implications. Social Sciences, 238.
Crago, A.-L., Bruckert, C., Braschel, M., & Shannon, K. (2021). Sex Workers’ Access to Police Assistance in Safety Emergencies and Means of Escape from Situations of Violence and Confinement under an “End Demand” Criminalization Model: A Five City Study in Canada. Social Sciences, 13.
Crichton, F. (2015, August 21). Decriminalising sex work in New Zealand: its history and impact. Retrieved from Open Democracy: https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/decriminalising-sex-work-in-new-zealand-its-history-and-impact/
Department of Justice Canada. (2014). Technical Paper: Bill C-36, Protection of Communities and Exploited Persons Act. Retrieved from www.Justice.Gc.Ca/Eng/Rp-Pr/Other-Autre/Protect/P1.Html
Durisin, E. M., & van der Meulen, E. (2021). The Perfect Victim: ‘Young girls’, domestic trafficking, and anti-prostitution politics in Canada. Anti-Trafficking Review, 145-149. Retrieved from https://antitraffickingreview.org/index.php/atrjournal/article/view/543/417
Narciso Wilson, S. (2020). Decolonizing Sex Work in Canada: Assessing the Impact of Government Regulation on the Wellbeing of Indigenous Sex Workers.
Rindels, M. (2018, May 27th). Indy Explains: How legal prostitution works in Nevada. Retrieved from The Nevada Independent: https://thenevadaindependent.com/article/the-indy-explains-how-legal-prostitution-works-in-nevada
Shirley, G. (n.d.). I’m a Toronto sex worker: Here’s why I find my job empowering. Retrieved from CBC News: https://www.cbc.ca/passionateeye/features/im-a-toronto-sex-worker-heres-why-i-find-my-job-empowering
State of Nevada Department of Taxation. (2017, January). Annual Report. Retrieved from https://tax.nv.gov/uploadedFiles/taxnvgov/Content/TaxLibrary/Annual_Report_2017_Final_Web.pdf?n=2707
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