By Father John Flynn, LC
ROME, APRIL 17, 2011 (Zenit.org).- Whether prostitution should be legalized is a question that has come up frequently in recent years. Proponents of legalization argue that it is better to regulate and so make it safer and avoid abuses, an approach termed as harm minimization.
Nevertheless, legalization is far from being the perfect solution, as is made clear by events in the area where Australia’s capital city, Canberra, is located — the Australian Capital Territory (ACT). Prostitution has been legal in the ACT since 1992. There are concerns over how it is functioning, heightened after the 2008 death, due to a drug overdose, of a 17-year-old prostitute, Janine Cameron.
The ACT Legislative Assembly is currently holding a public inquiry. Just under 50 written submissions were received and hearings are currently under way.
«You can’t have sex with 10 to 15 different men every day without it impacting you and how you value yourself, and how you value sex, and how you build intimacy with another human being,» Julie (a pseudonym), told the inquiry.
According to an April 8 report by ABC news, Julie started working in a brothel when she was 17. After 18 months she got out, but she said it was not easy when you are involved in an industry where there is lots of crime and corruption.
She found it a struggle to lead a normal life again. «It was very difficult to go on and have a normal intimate relationship with one person,» she said.
Violation
In its submission to the inquiry the Catholic Archdiocese of Canberra and Goulburn explained that the Church considers prostitution as a violation of human dignity. The prostitutes injure their dignity because of being reduced to instruments of sexual pleasure, while those who pay for the services are guilty of a grave offense.
Among other things the submission set out a series of arguments regarding the harm caused by prostitution.
— Prostitutes are easy targets for violent crimes and are at risk of physical harm from clients and pimps.
— It is a well-known fact that many women involved in the prostitution industry do so to support a drug habit or to find money for other pressing needs.
— The use of sadomasochistic sexual practices including violence performed against women using whips, canes and torture is particularly degrading of women.
— Prostitution leads to a significant increase in serious health risks to women, particularly of contracting sexually transmitted diseases such as HIV, herpes and hepatitis C.
— Prostitution is inextricably linked to the slavery and sex trafficking of women.
— When prostitution is legalized or decriminalized, a culture of prostitution is created, which has harmful effects upon the lives not just of the prostituted women but of all women who
live within that culture.
— Prostitution damages heterosexual relationships and families. The wife or girlfriend of a man who uses sexual services is significantly affected. If the man’s use of prostitution services is kept a secret there is a basic breach of trust and honesty in their relationship. If the use of prostitution becomes known this may result in the breakdown of their relationship.
— The presence of the prostitution industry damages the ideal of egalitarian relationships between men and women and thus negatively impacts upon the family and life in society in general.
— Prostitution cannot be separated from the issue of the status and dignity of women. Legalization of a prostitution industry signifies that the government and society in general are willing to accept a dehumanization and objectification of women.
Sweden
One of the recommendations made by the Catholic Church’s submission was the adoption of the Swedish model. In 1998 Sweden introduced legislation criminalizing the purchase, but not the sale, of sexual services. The women and child victims of prostitution do not risk legal sanctions, but the purchase of such services is a criminal offense.
Other submissions to the Canberra inquiry also recommended the Swedish model. Their case was bolstered by an official report published July 2, 2010, that evaluated the legislation, from its commencement at the start of 1999 to 2008.
The investigation found that the changes had achieved the intended effect and that the criminalization of buying sex was an important instrument in combating both prostitution and trafficking for sexual purposes.
The inquiry said that street prostitution in Sweden has been halved since the prohibition was introduced in 1999. Prior to the changes the prevalence of street prostitution was about the same in the three capital cities of Norway, Denmark and Sweden.
Since 1999 street prostitution in both Norway and Denmark increased dramatically. By 2008 the number of people in street prostitution in both Norway and Denmark was estimated to be three times higher than in Sweden, the report explained.
«In light of the great similarities that in many respects exist between these three countries, economically and socially, it is reasonable to assume that the reduction in street prostitution in Sweden is a direct result of criminalization,» it concluded.
Moreover, it is not the case that prostitution simply changed to some other venue following the changes in Sweden. The report found that prostitution as a result of a contact through the Internet is more prevalent in Sweden’s neighboring countries. So it is not as though the prohibition led to street prostitution in Sweden shifting to the Internet.
Furthermore, the report said there is no sign that prostitution in massage parlors, sex clubs, and in restaurant and nightclub settings, has increased in recent years. Overall, there is no proof that suggests that prostitutes formerly exploited on the streets are now involved in indoor prostitution.
The report also said that, according to the National Criminal Police, the prohibition against purchasing sexual services acts as a disincentive to human traffickers and procurers establishing themselves in Sweden.
The inquiry into the Swedish experience also reinforced what many have said both on this topic and in other debates on legalizing contentious practices. It found that prohibiting the purchase of sexual services had a normative effect and that there has been a marked change in the public attitude to the purchase of sexual services following the legislation. This provides an effective deterrent to sex purchasers.
Oppression
Another submission to the Canberra inquiry was from Collective Shout, which described itself as a «grassroots campaigns movement concerned about the objectification of women and sexualization of girls in the media, advertising and popular culture.»
They noted that in the name of harm minimization some sectors of the sex industry were legalized in the 1990s, both in Australia and in countries such as the Netherlands and Germany.
The desired effect was not, however, achieved, and the submission affirmed that there is ample evidence, from both academic and government studies, that a harm minimization approach is inherently flawed when it comes to regulating the sex industry.
One glaring example that they gave of this was in relation to the use of minors in the prostitution industry. Victoria was the first Australian state to legalize prostitution.
A study that examined information from 471 governmental and non-governmental agencies working with children in Australia found that more than 3,100 Australian children aged 12-18 had sold sex to survive and Victoria had the highest number in the nation at 1,200.
Another point they raised was that many prostituted women have experienced childhood sexual abuse, physical abuse, domestic violence, and substance dependency.
«The harm minimization model — or legalization of prostitution services — essentially
allows for the exploitation of society’s most vulnerable peoples,» said Collective Shout. «It is time to recognize that ‘the world’s oldest profession’ is actually ‘the world’s oldest oppression.'»