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Point of View with Barb Sumner Burstyn - May 2003

Bill sanitises reality of prostitution and its effects

Click here to read the New Zealand Herald edition of this column... 

Could there be a more politically correct subject than the Prostitution Reform Bill? Steadily making its way through Parliament, the bill is designed to ensure an environment of occupational health and safety for prostitutes and their clients.

It is intended to protect prostitutes from exploitation and correct the glaring double standard of an activity that is illegal for prostitutes but not for their clients.

The bill, promoted by Christchurch Central MP Tim Barnett, endorses the giving and receiving of money for sex as a private act between consenting adults and stresses that prostitution is a service industry.

In the process of legitimising this, the bill is guilty of sanitising the reality of the work a prostitute does and its wider effects. Anyone who has encountered the activity of a prostitute knows it is anything but an emotionally or physically clean profession.

A 1992 publication, Backstreets: Prostitution, Money, and Love, described it best: "The everyday life of prostitution is distant from most of us. And here, our imagination is a poor assistant. Negotiate a price with a stranger. Agree. Pull down one pant leg. Come and take me. Finished. Next, please. It becomes too ugly to really take it in. The imagination screeches to a halt."

Suddenly it doesn't seem quite the same as other service industries, does it? Not in the same league as making coffee at Starbucks, or pumping gas, or clipping movie tickets at the Rialto.

In Sweden, that most liberal of societies, they faced the same issue, beginning at the same point: how to protect the well-being of those working in the sex industry.

But rather than adhering to a narrow model of occupational health and safety, the Swedish Government decided to look at the industry as a whole. They commissioned studies on the effects of prostitution, not just on the women themselves but also on their clients and society in general. And study after study, from personal stories to longitudinal research by criminologists, found that all prostitutes suffer deep psychological damage as a result of their occupation.

New Zealand psychologist Miriam Saphira knows about this. She reports that after researching prostitution for more than two decades, she has not yet met one happy, robust prostitute. All have been damaged.

She says there is no other job outside of front-line police, ambulance work, or war where one has to completely dissociate from oneself to do the task. Most prostitutes suffer post-traumatic stress disorder as a result. Perhaps this is the reason 85 per cent of prostitutes use hard drugs as the most efficient way to deaden their feelings.

Then, of course, there is the fact that about 80 per cent of women in prostitution have been the victims of rape. American researcher Dr Melissa Farley found in her study of 854 prostitutes in nine countries that 89 per cent of them wanted to leave prostitution, but did not have any other options. Other researchers estimate that 65 to 95 per cent of prostitutes have been victims of incest. And three international surveys indicate that between 60 and 90 per cent of prostitutes have suffered prior sexual abuse.

And so it goes on. Study after study revealing that no matter how you slice it, prostitution is not an act between equally free individuals.

But our reform bill, with its lofty intention of safeguarding the human rights of sex workers, seems to have missed all this. Nowhere in the world have the aims of Mr Barnett's bill been achieved through decriminalisation. In fact, the form of decriminalisation this bill outlines empowers pimps, cements and institutionalises emotional and physical abuse, and expands the market.

In Victoria, it is estimated that decriminalisation has tripled the industry and increased, rather than decreased, criminal control of parlours and women. Auckland massage-parlour operators said in their submission that they expected trafficking in women to increase significantly under decriminalisation. It has even been predicted that decriminalisation will at least double or treble the industry.

Which begs the question: how will New Zealand pimps and massage-parlour owners (perhaps they will be redefined as sex entrepreneurs) meet that demand? Will it be your daughter who, in the morally neutral vacuum of this legislation, makes a toss-up between serving in a cafe or serving in a massage parlour?

But there is an alternative. Rather than bleaching the reality out of the sex industry and casting it as just another OSH issue, we should emulate Sweden. In 1999 it also decriminalised prostitution but with a twist. Any woman can offer herself for sale but if you are a pimp, a massage-parlour owner, or a client, you are a criminal.

Sweden's unique approach, underlining that in an equal society the buying of sexual services is not acceptable, has led to prostitution declining by up to 50 per cent, with no indication that the sex industry has gone underground. Other countries with legislation resembling our proposals, such as Finland, France and Norway, are now looking to enact legislation similar to that of Sweden, because, rather than safer environments, they are finding they are overrun with the illegal trafficking of women and children, and an explosion of social problems associated with prostitution.

If New Zealand passes this bill, we will, as a society, be taking a morally neutral position on an activity that is never neutral. And, ironically, we will be asking our MPs to cast a conscience vote in a moral vacuum.

So what are we going to do - decriminalise something that on the surface seems like a victimless activity but isn't? Or are we going to act like a mature country?

Why not follow Sweden and acknowledge that prostitution is not just a simple service exchange between consenting adults.

It is a complex, injurious, debilitating, and marginalising activity that damages not only the participants but our country as a whole.

ENDS

© Barbara Sumner Burstyn, 2003

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