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How would you rewrite our prostitution laws?

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With the pending decision of The Supreme Court, on Canada's laws relating to prostitution. If the Supreme Court strikes down the laws. What recommendations would you give our elected officials, when or if, they have to sit down and rewrite the laws. Or they could choose to regulate it.

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Very good question.

 

The only recommendation I would give is no regulation; I wouldn't rewrite the laws at all. That might seem shocking but it's really how I feel, backed up by a shit ton to evidence that says regulating this industry puts the people who work in it at risk. This is mainly because policy makers don't ask us what we need, and if they do, they don't meaningfully integrate our feedback =( It might seem like the laws, or zoning restrictions are there to 'protect' us but they actually put people at risk. Hopefully the SCC will decriminalize all three statutes and allow sex workers (both indoor and outdoor) to work safely, whatever that means for them.

 

A lot of people seem to be scared that decriminalizing prostitution will mean a huge increase in both indoor and street-based workers but countries that have decriminalized have not noticed any significant increase in people in the trade. After all, there's still stigma.

 

I know it's not entirely realistic to think "Oh Nat, just tell them not to regulate it at all"... in Canada we seem to be moving towards a Nordik model whereby the 'Johns' (I hate that word) are criminalized. I would hate to have a model like that in Canada (hate!). So I would definitely say "Don't do that!". I would also argue against any kind of zoning laws, or licensing laws. I don't want my incall to be in an industrial zone 20km from the city center where I have to pay $10,000 for a license, and I don't want street based workers to be 'zoned' to particular neighborhoods or exiled to work on the Toronto Island.

 

I think the best 'solution' is no solution. Just leave us alone.

 

I feel naive though. I know that won't happen... =/ ... =/ It all makes me quite nervous.

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Guest A*ro**n
Very good question.

 

A lot of people seem to be scared that decriminalizing prostitution will mean a huge increase in both indoor and street-based workers but countries that have decriminalized have not noticed any significant increase in people in the trade. After all, there's still stigma.

 

 

I remember reading about Germany when they decriminalized and because the stigma still existed, SP's weren't better off. Also, they did experience a huge human trafficking issue, with a lot of women being brought over from eastern Europe, especially around the 2006 world cup.

 

I suppose my suggestion (which I think would strengthen your position Nathalie) would be that it should be put into law that SP's and MA's are allowed to regulate their own profession. Similar to doctors, lawyers, engineers (i.e. any profession serving the public), members of the provincial chapter would be able to enact their own bylaws. Of course, there would be plenty of SP's / MA's who would balk at membership/certification. However, I think the brave ones who would support an association, would help steer the industry better than what the general public or politicians would.

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I would look to other countries like Holland and seek their guidance. I would not leave it up to Canadian politicians, that's for certain. We definitely need regulation, otherwise we are looking at the wild west all over again...

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Guest Ou**or**n

I agree with Nathalie - no regulations.

 

Once you start regulating anything you will have some on the outside and they will again be breaking the law in some way and again will be put in dangerous situations. The stigma associated with this profession already puts it far enough underground that it is can be dangerous. There is no need to further endanger women.

 

I believe existing laws against trafficking, underage prostitution and nuisance laws are sufficient.

 

I also believe that criminalizing clients (Nordic model) would also push things underground and endanger women. If the current laws are struck on the basis of 'safety of the person' I don't see rationally how the Nordic model laws could withstand the same challenge.

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Do we need prostitution laws?

 

No laws create a vacuum in which the unsavory side of prostitution can thrive, like pimping for example

 

RG

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Guest Ou**or**n
No laws create a vacuum in which the unsavory side of prostitution can thrive, like pimping for example

 

RG

 

Are you saying that if the existing law on 'living off the avails' is struck down that new laws are needed? If so, what activities around pimping do you feel are not covered under current laws against human trafficking?

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No laws create a vacuum in which the unsavory side of prostitution can thrive, like pimping for example

 

RG

 

I agree with OutForFun. There are laws that already address forced confinement, kidnapping, fraud, stealing, human trafficking, etc. Those laws aren't being challenged and new laws aren't needed to address 'pimping' specifically. I think there are other laws that can address situations of exploitation and coercion.

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Are you saying that if the existing law on 'living off the avails' is struck down that new laws are needed? If so, what activities around pimping do you feel are not covered under current laws against human trafficking?

 

I said no laws create a vacuum, I didn't say new laws need to be written.

 

Additional Comments:

I agree with OutForFun. There are laws that already address forced confinement, kidnapping, fraud, stealing, human trafficking, etc. Those laws aren't being challenged and new laws aren't needed to address 'pimping' specifically. I think there are other laws that can address situations of exploitation and coercion.

 

But that exactly proves my point. I'm not saying new laws need to be created. There are laws on the books as you point out. But I'm sure you would agree that if those existing laws (forced confinement, kidnapping, fraud, stealing, human trafficking etc) were taken off the books, then a vacuum would exist allowing the negative side of prostitution, like pimping to thrive.

 

RG

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I said no laws create a vacuum, I didn't say new laws need to be written.

 

Additional Comments:

 

 

But that exactly proves my point. I'm not saying new laws need to be created. There are laws on the books as you point out. But I'm sure you would agree that if those existing laws (forced confinement, kidnapping, fraud, stealing, human trafficking etc) were taken off the books, then a vacuum would exist allowing the negative side of prostitution, like pimping to thrive.

 

RG

 

But those laws are not prostitution laws...

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But those laws are not prostitution laws...

 

I never said, and to say clearly I guess, new laws need to be written. I just said no laws, and to spell out clearly, I'm talking laws in general, create a vacuum. And as Nathalie points out correctly, existing laws already exist which can deal with the unsavoury side of prostitution.

Just because they aren't called prostitution laws doesn't mean they can't be used to deal with the unsavoury side of prostitution

RG

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