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In Canada, despite these quasi-legal arrangements, most people who engage in sex work are technically breaking criminal law; it’s difficult not to. It is, for example, illegal to operate a “bawdy house,” or brothel, meaning a sex worker can’t use her home to meet clients. It’s also illegal to assist another person to engage in prostitution, which criminalizes business relationships between sex workers, or to live “on the avails of prostitution of another person,” which makes pimping illegal, whether it’s exploitive or not. Also prohibited: communicating for the purpose of prostitution in a public place.
SFU criminology instructor Tamara O’Doherty says these laws shoulder much of the blame for sex workers’ dismal working conditions, because they exclude them from society, making them vulnerable to predators. O’Doherty also chairs the Vancouver Police Department’s sex industry worker safety action group and is a founding member of First, a feminist organization lobbying to have prostitution decriminalized in Canada. The communicating law, she says, is particularly galling. When a client pulls up to the side of the road to pick up a sex worker, that sex worker can be arrested for speaking to him about any kind of transaction involving sex and money – unless she steps into the car first, since the car is legally not a public place. This law is not designed to keep sex workers safe, O’Doherty argues; it’s a law against nuisance, designed to give police the means to keep them off the streets. She asks, “Is targeting nuisance enough to force people to face the violence that they’re ­facing, to isolate them from the protective services of police?”
A 2006 parliamentary subcommittee examining these laws was not able to agree on much, but did conclude the status quo was unacceptable. The majority of the committee agreed with past findings that the current laws do more harm than good, and that the government should not interfere with the sexual activities of consenting adults that do not harm others, regardless of whether there’s payment involved. But the Conservative government largely ignored the findings, with Justice Minister Rob Nicholson replying, “This government views prostitution as degrading and dehumanizing. . . . This government condemns any conduct that results in exploitation or abuse, and accordingly does not support any reforms, such as decriminalization, that would facilitate such exploitation. Commodification and exploitation of women is never acceptable.”
Such responses by politicians are typical, according to SFU criminology professor John Lowman, an expert on prostitution law in Canada. In an analysis of the prostitution laws he wrote for the subcommittee, he noted that politicians often say they want to protect women from exploitation, and yet only the street-level sex trade is routinely policed – the part that causes a public nuisance. While politicians denounce prostitution, Lowman writes, they have not made it illegal, and if it is, indeed, legal, they should be saying how it is to be carried out. The price of this doublespeak, he warns, is that politicians are reluctant to address the social problems related to sex work, much less propose solutions, for fear of appearing to support the practice. More pointedly, he argues the communicating law played a pivotal role in creating the environment in which the murders of the Downtown Eastside women could occur. He concludes that prostitution should be decriminalized in Canada, that “a system geared to eradicating prostitution would make it more difficult, if not impossible, to develop safe working conditions for prostitutes.”
Confronted with the rush of sex workers into Hastings North in 2002, BIA president Patricia Barnes and her board decided to make a pact with their neighbouring BIAs in Strathcona and Collingwood. They would stop pushing the sex trade back and forth and try to find other solutions. So they talked for six months in 2004, bringing together business owners, community leaders, police and sex workers to try to find a better answer. It was a painful and difficult process, Barnes says, as sex workers shared their experiences with police officers who had arrested them and business owners who had spat on them. But an understanding slowly emerged that everyone wanted the same thing: the elimination of “survival sex work,” the selling of sex based on desperate need. “The biggest thing that came out of it was a human face from both sides,” Barnes says. “Talking to people as people takes everything to a completely different level.” [pagebreak]
Sex around the world.
The selling of sex is a global concern, and each country has its own way of dealing with it. New Zealand, for example, passed the Prostitution Reform Act in June 2003 to decriminalize and regulate prostitution. Sex workers there must be over the age of 18 and ply their trade in licensed establishments (and those who run such places must hold a valid operator’s certificate). According to the government, the aim of the Act is to provide social and legal control over New Zealand’s sex trade workers while also ensuring their health and safety. Sweden, on the other hand, criminalized the buying of sexual acts in 1999 through their Sex Purchase Law, although it remains legal to sell sex; the thinking there is that prostitution is never a voluntary act. As the Minister for Integration and Gender Equality, Nyamko Sabuni, laid out in a speech last February, combating prostitution and human trafficking for exploitation is part of the government’s plan to “[ensure] women’s and girls’ safety, security and freedom from violence.” (Subsequent amendments to the act extended criminalization to all forms of human trafficking.) In Japan, meanwhile, organized prostitution has been illegal since 1956 – though liberal interpretations of the law have resulted in a flourishing sex trade. Soaplands, which are essentially brothels where clients can go to be soaped up and rubbed down, masquerade as bath houses, while “fashion-health clubs” offer services equivalent to that of a Canadian massage parlour. Most notably, the definition of what constitutes prostitution is restricted to sexual intercourse in Japan, making the sale of sexual favours such as oral sex perfectly legal. – Alexandra Barrow.

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