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TO CRIMINALISE PROSTITUTES OR NOT  - Another View

 

I participated in the same conference as Mr. Lagon - Conference "Overlaps of Prostitution, Migration, and Human Trafficking" in Berne, Switzerland, which brought together European government experts from Germany, Italy, Norway, Sweden, Switzerland, and Spain to discuss a very hot topic: the relationship between prostitution and human trafficking.

 

As for the Netherlands: Indeed, and this we share with all other countries, we have not succeeded in weeding out criminality in the sex industry. Yet I have not seen figures that convince me that criminalising prostitutes as does the US - despite the rhetoric about all prostitutes being victims - is more succesfull in doing so. On the contrary. Criminalising prostitutes denies them the protection of the law against violence and abuse, including trafficking, acts as an effective barrier for women in prostitution to denouce their abusers as by doing so they expose themselves to arrest and prosecution, and adds to the marginalisation and stigmatisation of prostitutes, thus sending the message that they can be abused with impunity. 

Which is exactly what happens.

 

In the US victims of trafficking have to prove that they "did not consent to become a prostitute and did so because of force, fraud or coercion" to be recognised as a victim of trafficking, thus shifting the focus from the acts of the offender to the (sexual) 'innocence' of the victim. Meaning that prostitutes can be abused with impunity. Who of us is not acquainted with this same type of reasoning in rape cases? That it is our own fault when we are raped, because our skirt is too short, because we dare to be out on the streets after sunset, because we accepted a drink from a guy, or because we have sexual relations without being married?  

 

Whatever can be said about the Dutch legal system on prostitution, at least we consider all women to be worth of protection against violence or abuse, including prostitutes. For the Dutch law it is not important whether or not a woman worked as a prostitute before, consented to work in prostitution or wants to continue to do so under self controlled circumstances: all women deserve protection against trafficking, against rape, against violence and against abuse.

 

Between 14,500 and 17,500 people are estimated to be trafficked into the U.S. each year (Report Women’s Commission for refugee Women and Children). Since 2000, however, only 675 people have been officially identified as trafficked into the U.S. and received the corresponding benefits. In the Netherlands a 2006 study estimated about 1000 women to be trafficked into the sexindustry that year. However, since 2000 more than 1100 people were officially identified as trafficked and received the corresponding benefits.   

 

According to Mr. Lagon the statement that prostitution fuels sex trafficking is based on solid empirical evidence. The solidity of this emperical evidence, however, is seriously disputed by researchers and other academics. See e.g. http://www.genderhealth.org/pubs/LtrMillerTrafficking.pdf.

 

Lagon also mentions that in Sweden, since it made sex buying illegal, there has been a decrease in known human trafficking cases. Important  here is the word "known". Definitively the criminalising of clients succeeded in reducing the visibility of prostitution and consequently of trafficking victims. But is that what we strive for?

 

It is time that the US  look critically at their own policies on prostitution and trafficking, rather than try to impose them on the rest of the world.

 

Kind regards,

 

Marjan Wijers, Research & Consultancy

m.wijers@hetnet.nl

T  + 31 (0)6 30546012

F  + 31 (0)84 759 5408

 





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