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Best little Whore House….pt 2

Posted by Don McLenaghen on October 20, 2010

In part 1, we discussed the legality around the court challenge and took a sceptical look at the court ruling. Now we will look at the issue itself – should brothels be legalized.

Now there are two questions to be asked. IF prostitution is innately wrong (be it for moral, gender equality or other reasons) then the law should outlaw prostitution (a position I oppose but will save that argument for another day). It seems to be the current ‘will of the people’ see prostitution as just another trade/occupation; that it is not innately wrong – as such it is currently legal in Canada. Those who disagree with this are welcome to change the minds of Canadians (with rational empirical evidence of course) but this is a straw man argument against brothels themselves.

As a society, we accept prostitution as a valid and legal profession; that said we can agree that prostitution as currently practiced can lead to situation where workers are subjugated to violence, theft and coercion. The second question then is: how can we make the sex-trade safer for ‘participants’ (workers and clients) and ‘law abiding’? The striking down of these laws was a step in that direction.

As long as prostitution is legal (and even if it were not) there will be brothels…they are convenient for the client and desired among the workers (re: testimony). So, under which condition – legal vs. illegal – are brothels more likely to be positive environments or negative environment?

If there are illegal, there is NO opportunity for civil officials – be it law enforcement, medical or social – to interact with the workers to ensure their safety or security.

If they are illegal there are, by definition, run by criminals. The criminal element is by its nature more likely to abuse it workers…it is also likely to be involved in other ‘subsidiary’ illegal activities such as drug dealing. This is dangerous not only to the workers who will be more likely forced into conditions of dependency but also the harm to the community.

If they are illegal, the workers are discouraged from working in ‘safe’ neighbourhoods and self-incriminate if they contact authorities to report abuses. The communication law, also forces workers to work in isolates unsafe environments.

IF they are legal (AND regulated), civic officials can ensure safe work environments, provide outreach for those suffering from addiction and ensure the business operates both within the law and also pays its share of taxes.

IF they are legal, those operating the businesses will be business men (although I personal see the capitalism as a criminal, current society does not). They will have, as all legal entrepreneurs, an interest to uphold to the law, ensure they deal with their employees in a legal and fair way and provide an amiable environment for their cliental. They will be active positive members of the community, paying taxes and protecting their investments.

IF they are legal, those working in the brothels can call upon the resources of the state for protection from abuse, to help ensure a safe and respectful work environment and not worry if they require assistance from the authorities they will themselves be criminalized.

Now, there other issues involved in the sex trade – notable child prostitution and human trafficking (sex slaves). These issues will not be exacerbated but the legalization of brothels; if anything they will be hampered. If a brothel employs ‘honest’ prostitutes, they will be more likely to ‘whistle blow’ on brothels where illegal activity (like child or slave labour) is occurring. Making brothels legal will not make child-sex legal nor will it encourage human trafficking. In fact it will decrease the available avenues these activities will be able to operate as most sex work becomes above-board.

Fair dinkum, I am not saying that legalizing brothels will end violence to prostitutes…magically illuminate the criminal pimp…stop human trafficking or bring to an end child prostitution. What I am saying is by making this, like prostitution, legitimate you will shed a light on the business and drives out most of the negative elements…make it more likely that workers will get counselling for addiction and medical attention. There will be a selective pressure promoting safe brothels because the vast majority of their clients also want an safe and clean environment.

Ultimately, those who claim they worry about the safety of sex works are against these laws being struck down seem contradictory. They believe even if we legalize brothels some will still remain ‘underground’ and some will remain in the hands of violent and/or criminal pimps. Even if that were true, all I can say is I don’t understand how limiting the number of legit venues for prostitutes will make them safer? How is keeping brothels, ALL brothels in the hands of criminal gangs helping to make them safer? No, these laws needed to be struck down and a reasonable set of regulations put in their place. 

One Response to “Best little Whore House….pt 2”

  1. […] Don wrote these two pieces in regards to the Ontario Supreme Court struck down a law that criminalized prostitution – Best little Whorehouse….pt 1 and Best little Whore House….pt 2 […]

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