|
Legalising
Prostitution is Not the Answer:
The Example of Victoria, Australia
by Mary Sullivan and
Sheila Jeffreys
Introduction
In the last decade legalisation has been promoted as the solution to the
problems that
accompany prostitution in many countries such as the Netherlands and
Roumania. Governments in South East Asia are encouraged, in an important International
Labor
Organisation report, to officially recognise the "sex sector"
and the contribution it makes
to gross national income, a recognition that would entail legal acceptance
of the industry
(Lim, Lin Lean. 1998. The Sex Sector. Geneva: International Labour Office).
In the state
of Victoria in Australia, brothel prostitution was legalised in the 1980s
and has
subsequently been legalised in New South Wales, Australian Capital Territory
(ACT), and Queensland. Tasmania and South Australia are about to follow suit.
The experience
of Victoria provides a good object lesson as to why legalisation is not
the answer.
Since the late nineteenth century women have campaigned to end men's abuse
of women
in prostitution. It was such feminist efforts that led to the 1949 United
Nations
Convention for the Suppression of the Traffic in Persons and of the Exploitation
of the
Prostitution of Others. That Convention calls for States' parties to make
brothels and pimping illegal. In the 1940s and 50s many countries, such
as France, complied. Australia did not sign the 1949 Convention on prostitution
and trafficking. This history was ignored by those who worked for the
legalisation of prostitution in Victoria in the 1970s. It was said that
legalisation would solve problems such as criminal involvement in the
industry, unregulated expansion, and the violence done to street-prostituted
women. In fact legalisation solved none of the problems and has led to
many more. Trafficked women and children are kept in conditions of slavery,
and trafficking has increased to supply the new brothels. Child prostitution
has grown markedly in this state compared with other states in Australia.
Men who would once have been classified as procurers and pimps are now
seen as a newly respectable class of sex "businessmen."
The state lives off the earnings of prostitution through increased taxation,
licensing fees
and the promotion of prostitution tourism.
The Change in the
Law
There are two main political parties in Australia, the Labor Party and
the Coalition,formed from the Liberals (a conservative party) and the Nationals (a country
party). In the late 1970s in Victoria, the Coalition government was split over the
issue of legalisation. When a new Labor government was elected in 1982
there was overwhelming support for the idea. The new government considered
that prostitution was
principally an economic exchange. It introduced legislation in 1984 that
legalised
prostitution in brothels that obtained a valid planning permit. This approach
recognised
brothels as acceptable commercial enterprises that could be viewed as
legitimate uses of
land for town planning purposes. To the Labor government, prostitution
was seen as a
matter of private sexual behaviour between consenting adults that should
not be
criminalised "simply because money changed hands." A new Coalition
government in
1992 continued with the policy, and the new Labor government of 1999 is
unlikely to
change it. Legalisation is now embraced by both sides of the political
spectrum.
Legalisation in Victoria was not intended to show total approval for the
sex industry. The
proclaimed object was what is commonly called "harm minimization."
The prohibition
of prostitution was seen to be ineffective against a highly visible massage
parlour trade (a
euphemism for brothels), increasing street prostitution, criminal involvement
and drug
use. Legalisation, it was believed, would diminish the health risks, particularly
the risk of
sexually transmitted diseases, for either prostituted women or the "clients."
The
appearance of the AIDS epidemic in the mid 1980s was a further stimulus
to reform.
Legalisation, however, brought with it new problems. Ongoing adjustments
to legislation became necessary as state policy makers attempted to deal
with a myriad of unforeseen
issues that are not addressed by treating prostitution as commercial sex-child
prostitution, trafficking of women, the exploitation and abuse of prostituted
women by big business. The harms resulting from the sex industry constantly
change and develop and have to be constantly readdressed.
The existing model for Victoria's prostitution law is based on the Prostitution
Control Act 1994. Under the Act, licensed brothels and escort agencies
operate legally, although subject to local planning controls determined
under the Planning and Environment Act 1997. These controls ensure that
sex establishments are not located close to schools and churches and other
areas frequented by children, ensure their exclusion from residential
areas, and limit the size of brothels to six rooms. The sex industry is
constantly pushing to remove this restriction so that giant brothels can
be created. Brothels may advertise the women who are sold on their premises
to potential customers, but they are not permitted to advertise for workers,
a restriction that the sex businessmen want to change.
The Act also established a Prostitution Control Board composed of lawyers,
police and
industry figures in order to ensure "a rigorous licensing procedure
for prostitution
services and for the disciplining of licensees." There is a requirement
that prostituted women are registered
and must undergo regular health checks for sexually transmitted
diseases and HIV/AIDS. Most significantly, street prostitution remains
a criminal
offence.
By 1997 the Attorney General, Jan Wade, and her supporters were promoting
the state's
prostitution industry as "a highly regulated, profitable, professional
and incredibly well-patronised industry ...that pays taxes." She
saw the legislation as a model for other states.
Expansion and Normalisation
of the Industry
Though it was hoped that legalisation would control expansion of the industry,
in fact it
has had the opposite effect. Legalisation leads to massive expansion.
It would be
surprising if it did not, since this is the very reason that business
interests are pushing so
hard for legalisation. An investigative report by Victoria's Age newspaper
in 1999, found
an increase in the number of legal brothels from 40 a decade ago to 94
today, along with
84 escort agencies. Ironically, the real growth area is in the illegal
sector. The over 100
unlicensed brothels outnumbered the "legitimate' sex businesses in
1999 and had trebled
in 12 months" (The Age, 1 March, 1999).
Since the legalisation process began there has been an explosion of forms
of sexual
exploitation in the industry. Tabletop dancing, bondage and discipline
centres, peep
shows, phone sex and pornography -- all are developing profitably as part
of a multi-million dollar industry of sexual exploitation. Tabletop dancing,
where women
working as dancers perform nude or semi-nude on tables or podiums whilst
men stare into their shaved genitals from a few inches away, has come
under close scrutiny because of phenomenal growth since its inception
in 1992. The 1997 Dixon Report, a government advisory committee evaluation
of the legalised industry, included tabletop dancing among its main terms
of reference (Prostitution Control Act 1994, Advisory Committee Final
Report 1997, known as the Dixon Report). The performances include close
contact
with or touching of men, double acts with other women or men (showers,
oil wrestling) and personal or lap dances where the dancer sits on a man's
lap "gyrating, twisting and
generally stimulating his groin area, or rubbing her breasts in the patron's
face." Penetration of women with objects that included mobile telephones
being inserted into the dancer's vagina or anus was common. The owner
of one of Melbourne's most famous tabletop venues, Goldfingers, was found
guilty, on 10 February 2000 of assaulting and
injuring one of the women from whose sexual exploitation he made his living
(The Age,
11 Feb, 2000, p.5).
The annual staging
of a trade show for the sex industry (SEXPO) illustrates just how
acceptable prostitution is in Victoria currently. SEXPO markets prostitution
both locally
and internationally (via the internet) through the promotion of brothels,
escort agencies,
tabletop dancing, pornography and other forms of sexually explicit "entertainment"
and
"adult products." Once inside the R-rated exhibition space,
crowds attending SEXPO are
surrounded by video pornography and huge screens relaying the stripping
that takes place
on the main stage. For example, a woman in a tiny policewoman's uniform
strips, sticks
her plastic gun down her G-string and then offers it to male onlookers
to suck. The
stripping was transmitted via the internet around the world, selling Melbourne
internationally as the new sex capital of Australia. On stage, women pretended
to orgasm, while in booths men bought personal lap dances by naked women, having
paid between
$A10 to $A35, the price depending on whether a woman retains her G-string
or not. The
women are sold for little more than the produce advertised at the frozen
yogurt stand next
door. This public event is held at the state-owned Melbourne Exhibition
and Convention
Centre (MECC). The Age newspaper devoted the front page of its business
section to
SEXPO in 1998 alongside a profile of Australia's sex industry, said to
have an estimated
annual turnover of $A1.2 billion.
So normalised has brothel prostitution become that the sex industry markets
itself as
promoting the "rights" of people with disabilities by specifically
catering to disabled men
and disability charities. One brothel, "The Pink Palace," has
gained favourable media
attention on radio and in newspapers for putting in even more facilities
that cater to this
group of men than the other 15 legal brothels. "The Pink Palace"
has spaces for
wheelchairs, specially adapted showers and lower beds. The prostituted
women are
specially trained. Some prostituted women, says an article on the brothel,
don't know
"how to lift someone properly, or to handle someone with a catheter.
The carer [caretaker
or attendant] of one man with cerebral palsy suggested the sex worker
tie up his hands to
avoid being accidentally scratched by him. She didn't and was scratched
all over" (The
Age, 14 March, 2001). Disabled men are seen as a good market opportunity
by the
legalised sex industry, and carers are expected to help these men engage
in the
prostitution abuse of women in brothels, or at least deliver them and
wait in the lounge. It
is the "rights" of men that are being catered to here. Disabled
women are not mentioned.
Victorian governments (Coalition from 1992-1999, but now Labor once again)
profit
from the commodification of Victorian women. 991,000 Australian dollars
was raised
from prostitution licences between 1995 and 1998 (The Age, 28 Feb 1999).
Already at the
time of the passage of the Prostitution Control Act, 1994, there was evidence
that
prostitution was an accepted sideline of the tourism and casino boom.
The Labor
Opposition, referring to an Age article entitled "Brothels cash in
on casino trade," brought
to the Parliament's attention the fact that the Government-sponsored casino
-- seen as the
financial basis of Agenda 21, a government initiative to revitalise the
state's economy --
had authorised the redeeming of casino chips and wheel of fortune bonuses
at local
brothels. One Labor opposition member, Jan McClean, spoke against the
hypocrisy
surrounding Victoria's prostitution trade, saying that "Our scummy
casino chips are
accepted as legal currency in local brothels [and] That apparently is
quite acceptable."
With the Top of the Town brothel claiming a 30 percent boost to its daytime
trade, McClean drew the obvious
conclusion that "clearly despite condemnation by the Premier
Mr. Kennett, this was ultimately part of Liberal party policy to promote
brothels,
especially in the daytime, for the workers." It was the future implication
of this trend that
McClean found deeply disturbing. "The commodification of women would
only
intensify" she argued, "as Australia is part of a new wave of
world tourism that is made
up of package tours with all services supplied including prostitution."
But the official
position of the new Labor government is to continue the policy of legalisation.
"Sex Work"
Empowering for Prostituted Women?
For feminists, one of the most persuasive arguments underpinning legalisation,
was that
once prostitution ceased to be a criminal offence, prostituted women would
be able to
choose their own working conditions, their "clients," and, if
working for an employer,
would have industry health and safety standards in place. The experience
of Victoria
dispels the claim that legalisation empowers women. Large operators dominate
the
industry. Former pimps with criminal convictions are forbidden by the
prostitution
legislation from owning legal brothels, but they control them under front
organisations
(The Age, 1 March, 1999).
This takeover by sex "businessmen" was aggravated by the failure
of Victoria's specialist
prostitution licensing board, the Prostitution Control Board (PCB), effectively
to monitor
licensing. Although it was supposedly illegal, multi-ownership exists
with incidences of
one proprietor owning as many as six brothels. Licensing procedures will
prove even
more inadequate in the future as 1999 saw the PCB replaced by a general
Business
Licensing Authority with no specialist knowledge. This is perhaps indicative
of just how
far governments in Victoria have moved along the path to seeing the sale
and
commodification of women as just like any other business.
The legalisation of brothel prostitution effectively means that women
are forced to work
in situations where third parties make profits from offering them for
sale. It is almost
impossible for the exploited women to set up in business for themselves.
Legal parlours
tend to be expensive, capital intensive buildings, allowing for the monopolisation
of the
industry by more wealthy owners. When the 1994 Prostitution Act was passed,
brothels
were changing hands for over $A1,000,000.
Some concession was made in the Prostitution Control (Amendment) Act 1997
to allow
for a cottage type industry where one or two women could work in private
parlours.
These remain illegal in residential areas and only a handful have been
allowed. The only
option for prostituted women to make themselves available to male prostitution
abusers
on a small-scale basis, legally, is in industrial backblocks or docklands.
This leaves
already vulnerable women open to violence, fear and isolation. Prostituted
women also
face exorbitant costs as they are required to disclose their business
to landlords, who, in
turn, charge grossly inflated rents. Women's ability to have any control
over their
working environment is, therefore, still extremely restricted. Self-employment
would not
solve the problems of prostitution, however, because women would still
be available to
men for sexual abuse, albeit without sex capitalists taking so much of
the money. But the
lack of opportunity for self-employment makes it clear that legalisation
was not meant to
be in women's interests.
Women are thus forced to experience exploitation on the streets, illegally,
or from sex
"businessmen" in brothels. For women in legal brothels, managers
and owners demand
up to 50% to 60% of takings. This is in the face of strong competition
among prostituted
women for "clients" as increasing numbers of women enter prostitution,
and as men have
an excess of sexual services on offer for them to buy. Legalisation, then,
makes it harder
for women to earn a living through prostitution.
Legalisation has not improved the conditions in which prostituted women
are sexually
exploited according to Jocelyn Snow of the Prostitutes Collective of Victoria
(The Age,
28 Feb, 1999). Her study of the impact of legalisation on the conditions
of exploitation
faced by prostituted women found "The worst thing was the clients.
The arrogance, the
smelliness, the violence, the demands. One in five clients still request
unsafe sex."
The major area where prostitution law does deal with the
conditions of
women in legal
brothels is in regulations accompanying the 1994 prostitution legislation.
This requires
prostituted women to register and have regular health checkups for sexually
transmitted
diseases and HIV/AIDS. The 1988 Report on the First National AIDS Conference
concluded that such a requirement only created barriers to health care
for prostituted
women, as they do not wish to identify themselves as "sex workers"
and will not access
health services. Moreover, registration bars women from the illegal sector
of the trade
from seeking health care.
Such regulation places the blame upon the prostituted women for the spread
of sexually
transmitted diseases and, as feminist foresisters pointed out in campaigns
against the
Contagious Diseases Acts in the nineteenth century, it leaves the male
right to sexually
exploit women unchallenged. This hypocritical double standard was the
focus of these
earlier feminist campaigns. The Acts had allowed compulsory examination
of women
suspected of prostitution in garrison towns and ports in the UK and Australia.
Feminists
argued that they were an abuse of women's civil liberties, and they were
repealed. Today
in Victoria, the state chooses to ignore this historical example.
The Violence of
Prostitution
Legalisation promised greater safety to prostituted women. Legalised brothels
were
supposed to provide women with protection from the rapes, beatings and
murders that are
the hazards of street prostitution. Street prostituted women still suffer
extreme violence
on the streets of Victoria. But brothel prostitution is not a solution
because, as
spokeswomen from the survivors' movement such as Evelina Giobbe, Director
of the
Commercial Sexual Exploitation Resource Institute and the former Director
of
WHISPER, argue, prostitution is violence in and of itself. It is commercial
sexual
violence. In the everyday practices of the sex industry, women must engage
in acts that
are sexually and physically degrading and are forced to disassociate emotionally
by using
drugs or alcohol to survive. The acts that men buy the right to perform
on prostituted women include all the forms of sexual violence that feminists
are seeking to eliminate
from women's beds, homes, workplaces, streets. The practices that men
pay to carry out on women in prostitution are those that would be illegal
if carried out without such a monetary exchange. Women seek to remove
sexual harassment from their workplaces, and the streets they walk in,
to stop the practice of obscene phone calls, which bring male abusers
into their homes, and to end rape. Women in relationships with men seek
to end
unwanted sexual intercourse, the practice in which women's bodies are
used with no respect for the women's pleasure or humanity, and replace
this with egalitarian
sexual relations which take place only when truly desired. It is precisely
all these forms of sexual violence and abuse, which arise from women's
historical oppression, that men
can buy the right to carry out on women in prostitution. Prostituted women,
who hate to have unwanted penises and hands on or in their bodies just
as any other women would,
have to endure these abuses to earn a living, buy drugs or a bed for a
night.
In Victoria, at a time when other women are seeking to desexualise their
workplaces assisted by trades unions, women employed in the sex industry
are expected to endure behaviour not tolerated in other work environments.
Spokespersons for the Prostitutes Collective of Victoria (PCV) have explained
that men are becoming more demanding in the type of services they want.
The demand for oral sex, for instance, has been replaced by the demand
for anal sex, frequently demonstrated by men simply sticking their fingers
into women's anuses during their "bookings." Other normal practices
"include women being lined up and looked over like any other commodity,"
and sex without condoms. These views are supported by a 1998 study conducted
by the Macfarlane Burnett Centre for Medical Research done in conjunction
with the Prostitutes' Collective Victoria. Forty percent of men in the
study did
not use condoms when exploiting prostituted women.
Prostituted women who need money are forced to engage in whatever the
customer
requires. The Victorian Health Centre for Transmitted Diseases substantiated
that women
who are economically vulnerable often have little choice to refuse services
which they
find unacceptable or, from a health aspect, likely to cause diseases such
as hepatitis,
chlamydia and genital herpes, let alone AIDS. One young woman student
wrote in an
issue of Working Girl/Working Boy of the pain experienced by having men
put their penis in her vagina. "I would need to artificially lubricate
my vagina because it was dry and
painful," she says. "Some men would get aggressive, especially
if they were drunk.
Somehow I threatened their maleness." At tabletop dancing venues,
a private shower
performance entails a dancer having her naked body lathered by a group
of men who
have consumed alcohol. Pauline Burgess, a Women's Policy Officer evaluating
the
working conditions of tabletop dancers, reported that the experience was
so disturbing
that women were moving into the area of peep shows to prevent personal
contact with the
men who abused them.
Once prostitution is legitimised as an acceptable commercial practice,
few ethical barriers
exist to prevent newly brutal forms of exploitation. The sex industry
was quick to
recognise that, along with a woman's vagina and anus, all of her reproductive
capacities
are sellable products. The magazine of the Prostitutes' Collective of
Victoria, in a 1999
piece entitled "The Working Mother to Be," highlighted the benefits
that could accrue to
women from working whilst pregnant. As the writer states "pregnant
women may find
themselves with a whole new group of clients who find pregnancy a turn
on." In addition,
if offered the service, "a surprising number of men find drinking
breast milk either
arousing or soothing."
The standard act of prostitution, coitus, is experienced as so violating
by prostituted
women in the legal brothels that they have to dissociate emotionally and
engage in
complex diversionary tactics to restrict the degree of harm they suffer.
One woman
explained to CATW Australia the way she survived. Like other women she
cut off
emotionally long before she got to work, getting the children out of the
way, stopping
incoming phone calls, and making the transition to the dissociated person
who would be
able to endure the men's demands. She had a prostitution name and personality
separate
from her "real" self. "Clients" would lie on a table
for a massage. As she massaged their
backs they would try to grab her breasts and she would move further away,
all the time
trying to distract them by her verbal wit so that they did not demand
to penetrate her too
soon. Usually she could restrict the most violating act to the last 5
minutes of a 30 minute
booking. Trafficked women and those with less verbal agility would have
to endure the
most violating activities for longer. The effects of such dissociation
on women are
damaging to their emotions and sexuality.
Those who defend prostitution and call for legalisation often say that
it is consensual and
women "choose" this "work." What does this "consent"
consist of? Many women engage
in two forms of work to make enough money to survive. One third of prostituted
women
working in brothels in Victoria earned less than 500 Australian dollars,
with only one in
five earning more than $1,000 per week (The Age, 28 Feb, 1999). Thus a
woman who
waits tables in the daytime, protected perhaps by a sexual harassment
policy, against men
grabbing her breasts, will be considered to have "consented"
at 5 p.m. to much more
violating acts in the licensed brothel. In fact the "consent"
is likely to take the form simply of dissociation.
The tens of thousands of men who use women in the sex industry in the
State of Victoria
are expected to understand that women in prostitution are suitable objects
for their unwanted remarks, hands and penises, whilst their female workmates
in factories and
offices are not. Of course, many will fail to understand this distinction.
If it is acceptable
to insult, grab, abuse and harass a woman in one place just because a
man has paid for it,
why should it shock a woman in another place to have the same treatment?
Also, what
you can buy you can also steal.
Street Prostitution
Legalisation was supposed to get prostituted women off the streets. Street
prostitution
remained illegal. It was thought that women would choose to work in brothels.
In fact
street prostitution still exists because it is related to wider social
problems. Women who
are homeless, seriously drug addicted, under age, or who want to avoid
being exploited
by sex "businessmen" continue to work on the street and suffer
severe violence there.
The government's Advisory Committee on prostitution determined that women
are the
vast majority of street prostitutes, though there are also boys and transsexuals.
Women
remain in the industry for between 10-15 years, "entrenched in a
life cycle of
prostitution, drugs and prison." A Victorian study called Off Our
Backs in 1996
confirmed that 80 percent of street prostituted women are heavy drug users,
with a
$A100-500 a day drug problem. Forty-six percent are mothers with children
in
protective care.
Street prostituted women, because of the illicit nature of their work,
are doubly
vulnerable to rape, battery and murder from the men who use them and from
male passers
by. Statistics produced by the Prostitutes' Collective of Victoria prior
to the passing of
the 1994 Act reveal that reported rapes of prostituted women averaged
2 per week, with
one assault per night and 2 murders over the last year. Street prostituted
women are
harassed by police and gutter crawlers. However, when prostituted women
are
criminalised they cannot demand police protection or claim legal recourse
for robbery or
coercion, for they thereby expose themselves as implicated in a criminalised
trade.
Street prostitution was very much in the news in early 2001. Residents
in the main
prostitution area, St Kilda, demanded action from the state government
because the
prostituted women are being abused in the porches and gardens of the St.
Kilda residents.
A residents' spokeswoman stated that there is now "an open-air, uncontrolled,
unmanaged, all-day brothel" (The Age, 24 Feb, 2001). A study by the
Sacred Heart
Mission, which surveyed 65 women in the area with whom it had contact
in one month,
found 35 were prostituted (Gay Mitchell, From Exclusion to Connectedness,
Sacred
Heart Mission, Melbourne, 2001). Of these, all had been sexually abused
as children.
They were all either living in an abusive relationship or had suffered
domestic violence.
All were homeless or in unstable housing. None had ever worked other than
in
prostitution. All had left school early. All had been removed from home
as children or
had other contact with child welfare agencies. Of 15 whose mental state
was known, 13
had been diagnosed as mentally ill. Twenty-two were current or former
heroin users. The
problems of street prostitution cannot be resolved by the legalising or
deregulating of
brothels. It seems that the more profitable and normalised the sex industry
is, as in Victoria, the more out of control sexual exploitation of the
most vulnerable women and
children on the street is likely to be.
The Rise of a Black
Market
Legalisation was intended to eliminate organised crime from the sex industry.
In fact the
reverse has happened. Legalisation has brought with it an explosion in
the trafficking of
women into prostitution by organized crime. Convicted criminals, fronted
by supposedly more reputable people, remain in the business. Fred Lelah who ran Sasha's
International,
one of Melbourne's inner suburban legal brothels, appeared before the
Melbourne
Magistrate's court in February 2000 for introducing girls 10-15 into his
business. Lelah
has already served a two year term for the same offence.
Recently it has been revealed that Victorian sex "businessmen"
are involved in the
lucrative international sex trade run by crime syndicates which is worth
$A30 million in
Australia. An Australian Institute of Criminology study estimated that
Australian brothels
earned $1 million a week from this illegal trade. Some examples of the
trade came to
light in 1999. One Melbourne sex trafficker brought 40 Thai women into
Victoria as
"contract workers," depriving them of their passports and earnings
until their contracts
were worked off. This is called debt bondage. The women had to have sex
with 500 men
before receiving any money and were imprisoned by him (The Age, 9 May
1999). This
man has since received an 18 month suspended sentence and a fine, to the
outrage of
those who want the traffic of women into sex slavery taken seriously.
In another case 25
Asian women were found in similar circumstances in one of Melbourne's
legal brothels.
These incidences are likely to be but the tip of the iceberg, and The
Age newspaper states
that a number of legal brothels are known to contain such "contract
workers."
The commercial sexual exploitation of young people in Metropolitan Melbourne
is also rife. ECPAT (End Child Prostitution and Trafficking) conducted
research in 1998 for the Australian National Inquiry on Child Prostitution
by asking youth and community agencies in Melbourne how many young people
that had used their services had been
used in prostitution. The figure was 1 in 7. In a study conducted by the
Victorian Department of human services, young people involved in commercial
sexual activities
reported having "significant" contact with child sexual abuse
("paedophile") rings. These young people disclosed that as a
consequence of their involvement with "paedophile" rings, they
experienced rape and were forced into pornography Feminist campaigners
who worked through the League of Nations against the traffic in women
between the World Wars I and II argued that licensed brothels acted as
warehouses for trafficked women (Jeffreys, Sheila, 1997. The Idea of Prostitution.
Melbourne: Spinifex). Currently these brothels create a demand for constant
new recruits, and fuel the illegal trafficking industry. The U.S. State
Department's Human Rights Report for 1999 criticises Australia for lax
laws on prostitution, including legalisation, which make it difficult
to act against trafficking. It is not possible to tackle the trafficking
in women with any seriousness until brothels are abolished.
Effect of Legalised
Prostitution on the Status of Women
Women have described to the Melbourne Coalition Against Trafficking in
Women (CATW) how their marriages of 20 years and more have been destroyed
by their husbands' abuse of women in prostitution. One woman sought help
from a priest after years of seeing the family finances ruined by her
husband's behaviour. But she had to end the marriage. Legalisation allows
men to feel more justified and confident in their
prostitution behaviour. Meanwhile women's desire to have egalitarian relationships
with men in which they are respected becomes more and more impossible
to fulfill. As the industry grows, more and more women are finding that
they have the choice to accept the way their male partners treat other
women, to avoid recognising what their partners are doing, or to leave.
Prostitution is an industry that arises from women's low social status
and the relegation of women to the role of sex objects. Legalising prostitution
maintains that low
status and makes it much harder for women to assert that they should be
treated with
dignity and respect. Whilst women in this state strive to improve their
status, the sex industry provides a constantly expanding obstacle. Women
have sought to gain equality in employment opportunities in corporations,
for instance. This is seriously undermined by corporate use of facilities,
such as tabletop clubs, for meetings and entertaining corporate clients.
These clubs market themselves as places where companies can hire rooms
with whiteboards to write on for product launches and meetings. Club owners
supply naked women on the table at teabreaks and at lunchtime. Women executives
are not likely to attend such meetings. The tabletop venues operate and
often describe themselves as "gentlemen's clubs." Whereas once
women sought to challenge the power and privilege men gained from men-only
facilities, and gained right of entry to many, the new men's facilities
created through the sex industry create a whole new culture of men-only
bonding. In the new "gentlemen's clubs," men bond through the
collective abuse of women.
Advertisements for these clubs, offering women to men as objects for sexual
use, span
major roads in Melbourne educating new generations of men and boys to
treat women as
subordinates.
Victoria as a Model
for Legalisation
Considering that legalisation of prostitution in Victoria has created
so many problems, it
is alarming that it is being held up as a model of the way to go. In New
South Wales
(NSW), brothels were decriminalised in 1995. Control of illegal prostitution
was taken
out of the hands of the police, to end endemic police corruption, and
placed in the hands
of local councils and planning regulations. The councils have neither
money nor
personnel to put private investigators into brothels who can seek to prosecute
those
operating illegally. Brothel owners are now calling for Victorian style
controls because
the industry is expanding so fast and with so little regulation that there
is much less profit
available. Brothel numbers had tripled by mid 1999 to 400-500 in Sydney.
The vast
majority had no licenses but operated and advertised anyway. Pillars of
society, such as a
one-time investment adviser to the media baron Kerry Packer, were allowing
their
premises to be used for brothels in the hope of gaining some of the profits
to be made.
According to a report on the out-of-control industry by the Sydney Morning
Herald,
hundreds of brothels specialising in Asian women are being set up, creating
a huge
industry out of the traffic in women (Sydney Morning Herald, 30 August,
1999, 31
August 1999).
Conclusion
Opposition to men's prostitution abuse, and challenging the social acceptance
of the
prostitution industry, is aided in many countries by the existence of
a prostitution
survivors' movement that speaks out about what prostitution really means
for women. It
was the speaking out of survivors that empowered the feminist challenges
to other forms
of violence: domestic violence, rape, child sexual abuse. In a country
like Australia, and a
state like Victoria, where prostitution abuse has been so normalised,
it is particularly hard
for survivors to speak out against it. One resource run by and for prostitution
survivors
does exist -- Linda's House of Hope, in Perth, West Australia (see Linda's
House of
Hope, Compass, ABC TV, 29 April, 2001). As the prostitution survivors'
movement
develops, it will be easier to change the climate of acceptance that has
allowed the
industry to flourish in Victoria and elsewhere, and gain an effective
solution to the
problems of prostitution outlined here.
The reality is that prostitution cannot be made respectable. Legalisation
does not make it
so. Prostitution is an industry that arises from the historical subordination
of women and
the historical right of men to buy and exchange women simply as objects
for sexual use.
It thrives on poverty, drug abuse, the trafficking in vulnerable women
and children.
Prostitution teaches men how to mistreat women and damages the lives of
both the
women who are used, the women whose partners, sons, brothers and workmates
are the
abusers, and the status of all women in the state. Legalisation causes
the business of sexual exploitation to flourish. As more and more women
and children are drawn into the
industry, and more and more men become abusers, the profits from the abuse
become an
indispensable part of the state's revenue. The sex "businessmen"
network with judges
and politicians, and float their brothels on the stock exchange. Once
prostitution is
legalised, ending it becomes much more difficult, as a lobby of "respectable"
businessmen would have to be put out of business, and the government would
have to tax
the rich instead of living off women's bodies.
Ultimately the best way forward in Victoria would be to follow the example
of Sweden
where model legislation in 1998 penalises the men who "buy sexual
services" and
decriminalises the women. In combination with generous services to support
prostituted
women in getting out, this would be effective. Unfortunately it will take
some time to
create a social understanding of prostitution in Victoria that will make
this possible.
Countries that have not yet gone down the path of legalisation are in
a position to develop
policies to end the harms of prostitution. Legalisation compounds the
harms of
prostitution rather than relieving them. It is not the answer.
|