25/10/02

Kia Ora.

Below is our thoughts associated with the Prostitution Law Reform that's going through parliament at the moment.We've been concerned that the vocal responses to this have been mostly from Christian groups, like the Maxim Institute and The Society for the Protection of Community Standards but also that there have been a few negative responses from some feminists.

We've enclosed some other thoughts on how Prostitution Law Reform affects women in the sex industry.

Hope this find you well.

In sistahood,

Wellington Independent Rape Crisis.
(P.O.Box 6487, Te Aro, Whanganui a Tara / Wellington, Aotearoa.)

A feminist argument in favour of decriminalising Prostitution in Aotearoa.

Decriminalisation: a women-centred way forward.

The assumption we wish to challenge here is that Prostitution is by its very nature, inherently exploitative and violent against women.

We do not see prostitution itself as being inherently and unavoidably exploitative. We see the (patriarchal) context in which it presently operates as enforcing an environment which is often exploitative and conducive to violence against women (along with other groups also subject to appalling treatment.)

There are feminist historians and anthropologists that claim the origins of western prostitution began inside matriarchal / women centred cultures, and came from a time where people (esp. men) would come to worship the goddess through the body of the priestess. Pleasuring her in whatever way she instructed and leaving offerings of gold and coins. It is also interesting that in Barbara G Walker's book The Women's encyclopaedia of myths and secrets, she talks about the words 'Hussy' and 'Whore' having very powerful origins and being terms for women holding high social status.

Decriminalising prostitution is refused by some feminists on the grounds that it is only tampering with / or legitimising an industry that will always, to some degree be oppressive to women; both the women working in it, and those in the rest of society who live in a world where it's ok to buy sex from women. With this thinking it's important to work toward the eradication of prostitution and the whole sex industry because it ultimately depends on commodifying women's bodies. We feel that this perspective inadvertently victimises women on their behalf. It relies on the assumption that (with regard to consensual prostitution) women are not able to make intelligent decisions relating to the control of their bodies.

"All prostitutes are not inert, helpless objects to whom men do an endless number of things." (COYOTE Howls 1988)
These paternalistic views ignore the right of women's self determination.

A large portion of society's wealth comes from the commercialisation of women's bodies; how many advertising campaigns (T.V ads, billboards) don't depend on women's bodies? 'Sex Sells'. "Society appears not to have such a problem with popular culture profiting from women's bodies, but all hell breaks loose when women control the making of the money for themselves." (Former street worker, Wellington 1979).

We want to work toward a culture that eventually eradicates patriarchy, and values/ celebrates women in more than just their sexual (heterosexual) capacity. However, eradicating prostitution is not a key factor in abolishing exploitation. Decriminalising prostitution means that women can work within the industry with the same rights and legal protections of women in other occupations. "Sex workers should not have to stand in a queue behind their clients for human rights" (Former Wellington Sex worker, 2002) As with any industry, there are women working in the sex industry not by choice or not as a first choice. However, having an illegal sex industry that is unevenly unregulated, (as it is now) offers no protection to women once they have begun to work.  Working to provide better financial, educational and employment opportunities for all women, needs to be continued whether the bill goes ahead or not. By refusing women already in the industry human rights, we are not dealing with any of these issues.

There are women with concerns that the bill will increase trafficking of women into Aotearoa for prostitution. It is not appropriate to claim that trafficking of women is synonymous with prostitution, as is often done. These are two very separate issues. The bill does not remove any laws already in place regarding trafficking of women into any industry, and if anything, decriminalisation will only make the sex industry more transparent. The Prostitution Law Reform bill does not imply any acceptance of women being financially, educationally or politically disadvantaged. It does however, extend access to rights for women in the sex industry with regard to:

Fair employment- no draconian systems of bonding or fining, withholding wages, or having to work long hours / being forced /coerced to work when you don't want to.
Physical and sexual safety- The right to say no to sex. (The bill addresses the issues of coercion)
Health- Safer Sex information will be able to be displayed in parlours etc.

A major concern for us at Wellington Independent Rape Crisis is that under the present law in Aotearoa, women are unable to hold abusers accountable for rape or other sexual violations for fear of being prosecuted for soliciting and the risk of further abuse due to the stigmatisation of women working within the sex industry.
Decriminalisation would give these women access to legal redress should they choose it.

A few of the problems women in the sex industry face with its present illegal status:

Moira says: "…..this man came to fit my window. I don't know how we got onto the subject…but he said well prostitutes that comes with the job doesn't it……..so I said "Why should it come with the job?"…..why should they be abused……..because they're getting paid for it he said..they're getting paid to do a service I said…….'like you come and fit my window and if I kick you in the nuts on the way out is that part of the service?' (Maggie O'Neil 1996)

"Information is kept by the police or agencies of social control , with access for health, welfare or social welfare agencies but no access for women themselves."(Maggie O'Neil 1996)

Social stigma, violence, social exclusion, and reduced personal safety are realities for women in the industry (Maggie O'Neil 1996)


The following are exerts from different women's thoughts on this issue:

"decriminalisation will empower women to be able to work …….in a way which enhances their own control of their work environment, and in a manner that is conducive to the greater application of safe sex practices." (Jan Jordan 1992) 'Prostitution: the case for law reform.'


".. Long term it may indeed be desirable to promote economic……..measures aimed at reducing the pressures on women to engage in prostitution. The ……….situation however, demands a response from us now. Decriminalisation, I believe, is that response." (Jan Jordan 1992) 'Prostitution: the case for law reform.'


"A rather profound misconception that people have about prostitution is that it is 'sex for sale', or that a prostitute is selling her body. In reality, a prostitute is being paid for her time and skill, the price being rather dependent on both variables. To make a great distinction between being paid for an hour's sexual services, or an hour's typing or and hour's acting on a stage, is to make a distinction that is not there." (St. James and Alexander 1977) Making it Work: Prostitutes rights movement in perspective, by Valerie Jeness.

"A woman has the right to sell sexual services just as much as she has the right to sell her brains to a law firm where she works as a lawyer, or to sell her creative work to a museum where she works as an artist, or to sell her image to a photographer when she works as a model, or to sell her body when she works as a ballerina." (Quoted in Henkin 1988, p.3) -pg.68 Making it Work: Prostitutes rights movement in perspective, by Valerie Jeness.


"Many international women's groups do support decriminalisation for it enhances women's self determination, …and it removes the regulatory powers of the state and welfare agencies over women's health and welfare needs and rights." (Maggie O'Neil 1996)

" At one and the same time decriminalising prostitution and implementing laws against male violence against women, ….thus enabling women to manage and organise for themselves along the lines of the Soliciting for Change recommendations looks like the only women centred way forward." (Maggie O'Neil 1996)

"Currently women working as prostitutes are perceived as bad girls, contravening norms of acceptable femininity, suffering whore stigma." (Pheterson 1986)

'…Sam: " I have always known I have high self esteem because I have other skills and I don't think every prostitute has low self esteem because every prostitute hasn't…..once you start stigmatising prostitution girls start having low self esteem once a woman starts believing in herself, she can decide for herself..go back to college or work in the co op.. how many women prostitute themselves in relationships they don't want to be in but stay in a marriage for financial gain…….if it wasn't for financial gain how many women would walk out of that relationship"'(Maggie O'Neil 1996)

"(some of our group felt that) Feminists should support sex workers because sex work challenges patriarchal structures and gender relations in the inter related spheres of sexuality, work and power, and that, to decriminalise sex work supports the aim to break down the power of patriarchy to divide us into good girls and bad girls." (Maggie O'Neil)

Sex work must be decriminalised everywhere, sex workers must not be discriminated. The right of self determination for every person working in prostitution in their working and private lives must be granted'. (Drobler 1991 The German Prostitutes movement.)

The Prostitution Law Reform Bill is going through parliament at the moment.

This bill will, in its present state, ensure decriminalisation. (Please contact the New Zealand Prostitute's Collective to get hold of what they've compiled, which outlines responses to most queries. Ie. Other legal options for the sex industry and the consequences these have had on sex workers overseas etc.)

If you want to get active in supporting the bill, write a letter to any of the MP's letting them know you support the Prostitution Law Reform Bill.

Cheers!
Wellington Independent Rape Crisis