Seattle Journal for Social Justice Seattle Journal for Social Justice
Volume 14
Issue 2
Fall 2015
Article 10
4-27-2016
Prostitution Policy: Legalization, Decriminalization and the Nordic Prostitution Policy: Legalization, Decriminalization and the Nordic
Model Model
Ane Mathieson
Easton Branam
Anya Noble
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Recommended Citation Recommended Citation
Mathieson, Ane; Branam, Easton; and Noble, Anya (2016) "Prostitution Policy: Legalization,
Decriminalization and the Nordic Model,"
Seattle Journal for Social Justice
: Vol. 14: Iss. 2, Article 10.
Available at: https://digitalcommons.law.seattleu.edu/sjsj/vol14/iss2/10
This Article is brought to you for free and open access by the Student Publications and Programs at Seattle
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367
Prostitution Policy: Legalization,
Decriminalization and the Nordic Model
Ane Mathieson, Easton Branam & Anya Noble
I. INTRODUCTION
Issues concerning women’s bodily integrity and autonomy, such as
abortion, rape, and sterilization, are subject to strong opinions that give rise
to equally charged political policies.
1
As with other issues pertaining to
women’s bodies, prostitution
2
discourse is largely concerned with
Special thanks to: Gerda Christenson, feminist activist and member of KvinonFronten;
Louise Eek, founder of Prostitutes’ Revenge In Society (PRIS); Lea Honorine, feminist
activist; Anna Hulusjö, feminist theorist with the University of Gothenburg;
Antoinette Kinannder, midwife with the Stockholm Prostitution Unit; Kajsa Ekis Ekman,
journalist and author of Being and Being Bought; Hanna Olsson, journalist and author of
Catrine and Justice, Sven-Axel Månsson, social work professor with Malmö University;
Ebon Kram former CEO of the National Organization for Women’s Shelters and Young
Women’s Shelters in Sweden (ROKS); Miki Nagata & Pia Turresson, social workers
with the Stockholm Prostitution Unit; Karin Dahlborg & Yvonne Karlsson, social
workers with the Gothenburg Prostitution Unit; Karin Pramberg, Susanne Street, Ylva
Grönvall, & Lisa Green: Malmö Prostitution Unit; Matts Paulsson, police inspector with
the Gothenburg Trafficking Unit; Zanna Tvilling & Simon Häggström, officers with the
Stockholm Prostitution Unit; Katinka Strom & Madeleine Elgemyr, radical feminist
activists; Maia Strufve, KAST, Gothenburg Buyers Intervention Unit; Johan
Christiansson, employee with KAST; and Ulrika Rosval, employee with the Swedish
Institute.
1
DEBRAN ROWLAND, THE BOUNDARIES OF HER BODY: A HISTORY OF WOMEN’S
RIGHTS IN AMERICA XXIII–XXV (2004).
2
Prostitution is herein defined as a social practice by which men gain sexual access to the
bodies of predominantly women, children, and sometimes other men, through the
exchange of money, goods, or housing. Prostitution, as a social construct, arises from
“men’s dominance and women’s subordination.” S
HEILA JEFFREYS, THE IDEA OF
PROSTITUTION 3 (Janet Mackenzie ed., 1997). Pornography is included in this definition
as a subset of prostitution that is filmed or photographed. See Melissa Farley,
Pornography is Infinite Prostitution, in B
IG PORN INC: EXPOSING THE HARMS OF THE
GLOBAL PORNOGRAPHY INDUSTRY
150 (2011).
368 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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determining whether this social practice is exploitative, empowering, or a
consequence of immorality.
3
Most people take one of three salient positions on prostitution. The first
position argues that prostitution is a consequence of deficient moral
character.
4
This position draws heavily from patriarchal and religious
traditions that equate female sexuality with temptation and male sexuality
with dominance and sanctioned insatiability.
5
The second position, the “sex
work” position, asserts that prostitution is a valid form of labor and argues
that prostitution is not inherently harmful to women.
6
This position further
contends that women have a right to decide what they will do with their
bodies and that sex work, though oppressive for some, is potentially both
lucrative and empowering for other women
7
The third position asserts that
prostitution is a consequence of social, political, and economic inequality
and argues that women are predominantly conscripted into prostitution
because of their social vulnerability.
8
Political regulation of prostitution
activity varies according to each nation’s underlying economic and social
justice commitments. Three primary legislative responses to prostitution
have emerged in response to these commitments: (1) criminalization, (2)
legalization/decriminalization, and (3) the Nordic model. This paper argues
3
Jessica Spector, Introduction: Sex, Money and Philosophy, in PROSTITUTION AND
PORNOGRAPHY: PHILOSOPHICAL DEBATE ABOUT THE SEX INDUSTRY 5, 7–8 (Jessica
Spector ed., 2006); C
ATHARINE MACKINNON, Beyond Moralism: Directions in Sexual
Harassment Law, in
WOMEN’S LIVES, MEN’S LAWS 188 (2005).
4
MACKINNON, supra note 2.
5
SUSAN GRIFFIN, PORNOGRAPHY AND SILENCE: CULTURE’S REVENGE AGAINST
NATURE 22–24 (1981); Sibyl Schwarzenbach, Contractarians and Feminists Debate
Prostitution, in P
ROSTITUTION AND PORNOGRAPHY: PHILOSOPHICAL DEBATE ABOUT
THE
SEX INDUSTRY 212 (Jessica Spector ed., 2006).
6
See Spector, supra note 3, at 8.
7
Id. at 7–8; Debra Satz, Markets in Women’s Sexual Labor, in PROSTITUTION AND
PORNOGRAPHY: PHILOSOPHICAL DEBATE ABOUT THE SEX INDUSTRY 396–97 (Jessica
Spector ed., 2006).
8
Vednita Carter & Evelina Grobbe, Duet: Prostitution, Racism, and Feminist Discourse,
10 H
ASTINGS WOMEN’S L.J. 37, 43–45 (1999).
Prostitution Policy 369
VOLUME 14 • ISSUE 2 • 2015
that Washington State, and the city of Seattle in particular, is an important
US case study site for the introduction of a new legal and social service
model similar to the Nordic model.
The immorality position in the Judeo-Christian tradition explains the
existence of prostitution as a result of women’s sinful nature.
9
The tradition
often views women either as temptresses leading men astray or as virgins,
covetable as valuable property.
10
Criminalization policies, instituted within
this context, approach prostituted women as criminals and
disproportionately target them for arrest.
11
Either because of a presumed
inability to control sexual impulse or because of an inalienable entitlement
to sexually access women, men have historically faced far less scrutiny or
accountability as buyers of prostitution sex.
12
Those who ascribe to the sex work position often advocate for legalizing
or decriminalizing all prostitution-related activities by asserting that
prostitution, normalized like any other marketable human interaction as
work, can advance the wellbeing and individual interests of women.
13
Western Neoliberalism, which “seeks to bring all human action into the
domain of the market,” has influenced national and international
prostitution discourse.
14
The neoliberalism economic model frames
prostitution in terms of (1) personal choice and individual freedom and (2)
market contracts made between rational, consenting adults with equal
9
“And the daughter of any priest, if she profane herself by playing the whore, she
profaneth her father: she shall be burnt with fire.” Leviticus 21:9.
10
“If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and
lie with her, and they be found; Then the man that lay with her shall give unto the
damsel’s father fifty shekels of silvers, and she shall be his wife; because he hath
humbled her, he may not put her away all his days.” Deuteronomy 22:28–29.
11
DONNA HUGHES, RACE AND PROSTITUTION IN THE UNITED STATES 1 (2005), available
at
http://www.uri.edu/artsci/wms/hughes/pubtrfrep.htm.
12
SHEILA JEFFREYS, THE SPINSTER AND HER ENEMIES: FEMINISM AND SEXUALITY
1880-1930, 7–9, 11–12, 14 (1985).
13
Spector, supra note 3, at 8–9.
14
DAVID HARVEY, A BRIEF HISTORY OF NEOLIBERALISM 3 (2005).
370 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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power.
15
Neoliberals define women in prostitution as freely choosing agents
in a free market responding to a market demand for sex.
16
Thus, within the
neoliberal model, prostitution is reframed as “sex work”—a labor practice
purportedly arising from a woman’s personal choice to sell sexual access to
her body to men.
17
Many global agencies assert that the best interests of the
individual—the health, safety, and well-being of “freely choosing”
prostituted women
18
—would be advanced by legalizing or decriminalizing
all aspects of prostitution.
19
Much of the international discourse around
prostitution proceeds from a framework that divides prostitution into two
distinct categories: “sex work” and “sex trafficking”; the former is intended
to represent choice-based or ethical prostitution, and the latter, is intended
to represent forced or unethical prostitution.
20
15
Carole Pateman, Defending Prostitution: Charges Against Ericsson, 93 ETHICS 561,
561–62, 564 (1983); D.A. Clarke, Prostitution for Everyone: Feminism, Globalisation,
and the ‘sex’ industry, in N
OT FOR SALE FEMINISTS RESISTING PROSTITUTION AND
PORNOGRAPHY 166–171 (2004).
16
D.A. Clarke, Prostitution for Everyone: Feminism, Globalisation, and the ‘sex’
industry, in N
OT FOR SALE FEMINISTS RESISTING PROSTITUTION AND PORNOGRAPHY
169–171 (2004)
17
See Schwarzenback, supra note 5, at 221.
18
We do not use the term “prostitute” in this paper. This term implies that a woman is
defined by her experiences of prostitution. We occasionally use the phrase “prostituted
woman” because this language implies that prostitution is something being done to a
woman, and it brings the actions of the buyer and the pimp back into the conversation.
This paper predominately references prostituted women and girls (1) because they
represent the overwhelming majority of individuals exploited in the industry and (2) to
acknowledge the gendered nature of prostitution. We include, though, in our analysis, all
individuals exploited in the prostitution industry including boys, transgender women and
men, and men.
19
UNAIDS, UNAIDS GUIDANCE NOTE ON HIV AND SEX WORK 3–12 (2012), available
at
http://www.unaids.org/sites/default/files/sub_landing/files/JC2306_UNAIDS-
guidance-note-HIV-sex-work_en.pdf.
20
See id. at 5–6 (providing an example of an international NGO making this type of
theoretical argument as the basis for their policy stance on the decriminalization of
prostitution).
Prostitution Policy 371
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The Nordic model of prostitution policy arises from social democratic
theory, Marxism, and radical feminism.
21
In contrast to both criminalization
and legalization/decriminalization frameworks, the Nordic model is
premised on the understanding that women’s equity depends on excising
structural barriers that preclude women’s full economic, social, and political
inclusion.
22
A core component of the Nordic model is the prohibition of the
purchase of sexual services law.
23
This law asymmetrically criminalizes
buyers of prostitution
24
and third-party profiteers (pimps and brothel
owners), while maintaining the decriminalization of individuals sold in
prostitution.
25
In social democracies social policies—rather than the
marketplace—are used to advance egalitarianism.
26
Sweden’s social
democracy, which informed the creation of the Nordic model, uses social
policy initiatives, not market incentives, to further all citizens’ societal
wellbeing.
This paper will examine all three models and provide case studies that
illustrate the relative successes or failures of each legislative approach
according to its stated goals. A discussion of each model will be
21
ANNA HULUSJÖ, THE MULTIPLICITIES OF PROSTITUTION EXPERIENCE: NARRATIVES
ABOUT POWER AND RESISTANCE 111, 115 (2013), available at
http://dspace.mah.se/dspace/bitstream/handle/2043/16013/2043_16013%20Hulusj%C3%
B6%20MUEP.pdf?sequence=2&isAllowed=y;
GUNILLA S. EKBERG, SWEDISH LAWS,
POLICIES AND INTERVENTIONS ON PROSTITUTION AND TRAFFICKING IN HUMAN BEINGS
2 (2015).
22
EKBERG, supra note 21, at 2.
23
MAX WALTMAN, SWEDEN’S PROHIBITION OF PURCHASE OF SEX: THE LAW’S
REASONS, IMPACT, AND POTENTIAL 449 (2011), available at
http://prostitutionresearch.com/wp-content/uploads/2014/06/Swedens-prohibition-of-
purchase-of-sex.pdf.
24
When we write of prostitution buyers, we are talking about men, as men are the
overwhelming economic force driving demand for prostitution. Pateman, supra note 15,
at 563–64; K
AJSA EKIS EKMAN, BEING AND BEING BOUGHT PROSTITUTION,
SURROGACY AND THE SPLIT SELF 4 (2013).
25
EKBERG, supra note 21, at 2–3; HULUSJÖ, supra note 21, at 128–29; WALTMAN, supra
note 23, at 449.
26
GARY TAYLOR, IDEOLOGY AND WELFARE 52 (2007).
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accompanied by an examination of the underpinning social and economic
theory used to develop the model. Finally, this paper examines the
development and structure of the Nordic model in-depth to better
understand the current development of prostitution policies in Washington
State.
II. GLOBAL POLICIES
A. Criminalization
Many countries have responded to male demand for commercial sexual
access by criminalizing prostituted women and sometimes the buyers.
27
Underpinning this approach is a belief that prostitution is a public nuisance,
a consequence of immoral decision-making requiring regulation with public
order offenses.
28
In a criminalization regime, all aspects of prostitution are
technically illegal including (1) brothel keeping or pandering, which is
knowingly encouraging or compelling a person to sell sex for money, (2)
pimping, receiving something of value knowing that it was earned through
an act of prostitution, (3) prostitution, engaging in sexual intercourse for
money, and (4) the purchase of sexual intercourse. Each of these is subject
to regulation as a criminal offense and is technically illegal.
29
Though this
legislation is often gender neutral, it is women, historically identified by
Judeo-Christianity and patriarchal norms as the party responsible for
27
KATHERINE T. BARTLETT & DEBORAH L. RHODE, GENDER LAW AND POLICY 485–86
(2010); see UNAIDS, MAKING THE LAW WORK FOR THE HIV RESPONSE: A SNAPSHOT
OF SELECTED LAWS THAT SUPPORT OR BLOCK UNIVERSAL ACCESS TO
HIV PREVENTION,
TREATMENT
, CARE AND SUPPORT (2010), available at
http://www.unaids.org/sites/default/files/en/media/unaids/contentassets/documents/priorit
ies/20100728_HR_Poster_en.pdf.
28
Id. at 484–485.
29
Id. at 485.
Prostitution Policy 373
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prostitution, who face greater legal sanction and far higher arrest rates for
selling prostitution than men do for buying prostitution sex.
30
Neoconservatism, like neoliberalism, endorses limited government
intervention in economics. However, the two differ in theorizing how large
a role the government should play in regulating social practices.
31
Individual freedom, according to neoconservatism, should be checked by
collective social values and morals.
32
Social issues identified by
neoconservatives as morality issues require, according to this ideology, the
oversight of an interventionist government and strong military to maintain
“social coherence” and stability.
33
Whereas neoliberalism has focused on
the “chaos of individual interests”
34
driving the market, “[n]eoconservatism
has long hovered in the wings as a movement against the moral
permissiveness that individualism typically promotes.”
35
Therefore, this
ideology “seeks to restore a sense of moral purpose, some higher-order
values that will form the stable center of the body politic.”
36
Those
particular moral values guiding neoconservatives include Christian ethics
and as such are antagonistic toward “new social movements such as
feminism”
37
Judeo-Christian ethics assert that women are the gatekeepers of
sexual responsibility, and that women who, in wielding significant sexual
power over men, choose to tempt men into committing immoral sexual acts,
30
Id.
31
MANFRED B. STEGER & RAVI K. ROY, NEOLIBERALISM: A VERY SHORT
INTRODUCTION 22–3 (2010).
32
HARVEY, supra note 14, at 82.
33
Id. at 82–3.
34
Id.
35
Id. at 83.
36
Id.
37
Id. at 84.
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should be held accountable for prostitution.
38
In the United States,
prostitution is largely treated as an issue of traditional morality.
39
Guided by neoconservatism, every state, excluding parts of Nevada,
40
criminalizes women “engaging in sexual intercourse for money or offering
to do so.”
41
Approximately half these states also have criminal laws
targeting men who buy prostitution sex.
42
And so, the onus of
criminalization laws in the United States falls largely on the sellers
(predominately women) instead of the buyers (predominately men). The
ensuing section argues that criminalizing individuals sold in prostitution, as
though they were equal parties to a crime with the buyers of prostitution
sex, and third-party profiteers (pimps and brothel owners), is a human rights
violation of the women and youth sold in prostitution. It also argues that
placing the disproportionate weight of criminalization upon those
individuals being prostituted is a further human rights violation and a failure
of criminalization as a policy model.
1. Neoconservative Prostitution Policy in Practice: The United States as
a Case Study
This paper argues that the criminalization of prostituted women in the
United States reinforces an age-old culture of blaming victims of
prostitution for their exploitation. In this context, criminalization can
perpetuate a vision of prostitution as a victimless crime, committed by
immoral, sexual deviants. This vision is furthered by a plethora of cultural
norms glorifying pimping while denigrating and encouraging violence
against women with “whore” language in mainstream music, television,
38
“And the daughter of any priest, if she profane herself by playing the whore, she
profaneth her father: she shall be burnt with fire.” Leviticus 21:9.
39
MACKINNON, supra note 2.
40
MELISSA FARLEY, PROSTITUTION AND TRAFFICKING IN NEVADA 15 (2007).
41
BARTLETT & RHODE, supra note 27, at 484–85.
42
Id.
Prostitution Policy 375
VOLUME 14 • ISSUE 2 • 2015
videogames, books, and colloquial conversations.
43
In criminalization
regimes, the culture of blame is so strong that even children are culpable for
their exploitation in prostitution.
44
In Los Angeles County, of the 35,402
females arrested for solicitation (offering sex in exchange for money)
between 2003 and 2012, approximately 1,400 were children as young as
nine years old.
45
Approximately half of all US states subject prostitution buyers to the
same legal prohibitions enforced on women in prostitution.
46
In those states,
where buyers face legal sanctions, the laws remain largely unenforced.
47
Buyers act with near impunity, largely escaping legal punishment, despite
being the driving economic force behind prostitution. National studies have
indicated that only 10–30 percent of all prostitution arrests are of sex
buyers, while 70–90 percent of arrests target prostituted adults.
48
Punishment of the prostituted individual fails to acknowledge that
conscription into prostitution is overwhelmingly driven by a combination of
coercive factors, including racist and heterosexist social structures,
homelessness, poverty, drug addiction, unemployment, childhood sexual
abuse, and experiences of violence.
49
Laws criminalizing the selling of prostitution sex further exploit
prostituted women:
43
Anita Sarkeesian, Tropes vs Women in Video Games, FEMINIST FREQUENCY,
http://feministfrequency.com/tag/tropes-vs-women-in-video-games/ (last visited Oct. 12,
2015).
44
Carolyn Maloney, Foreword to PROSTITUTION AND TRAFFICKING IN NEVADA:
MAKING THE CONNECTIONS xv (2007).
45
Don Knabe & Daphne Phung, Bill Would Target Demand Side of Child Sex
Trafficking, L.A.
DAILY NEWS (April 2, 2014, 9:55 AM),
http://www.dailynews.com/opinion/20140402/bill-would-target-demand-side-of-child-
sex-trafficking-guest-commentary.
46
BARTLETT & RHODE, supra note 27, at 485.
47
Id.
48
HUGHES, supra note 11, at 1.
49
WALTMAN, supra note 23, at 450–52.
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Criminal prostitution laws collaborate elaborately in women’s
social inequality; through them, the state enforces the exploitation
of prostituted women directly . . . When legal victimization is piled
on top of social victimization, women are dug deeper and deeper
into civil inferiority, their subordination and isolation legally
ratified and legitimated.
50
A 2004 study of 222 women in prostitution revealed that law
enforcement officers contribute to this exploitation, as they are often the
perpetrators of violence against prostituted women.
51
Raphael and Shapiro’s
study of women in prostitution in Chicago found that 24 percent of women
on the streets who had been raped identified a police officer as the
perpetrator. In the same study, 30 percent of exotic dancers who reported
being raped also identified the perpetrator as a police officer.
52
In 2014,
headlines across the United States exposed police exploitation by reporting
that a provision in Hawaii's criminal code allowed police to have
intercourse with prostituted women if they were “acting in the course and
scope of duties.”
53
In criminalization regimes, violence against women in all classes of
prostitution goes far beyond police misconduct. It is common for women in
prostitution “to be deprived of food and sleep and money, beaten, tortured,
raped, and threated with their lives, both as acts for which the pimp is paid
by other men and to keep the women in line.”
54
50
CATHARINE MACKINNON, Prostitution and Civil Rights, in WOMEN’S LIVES, MEN’S
LAWS 155 (Harv. Univ. Press, 2005).
51
JODY RAPHAEL & DEBORAH L. SHAPIRO, VIOLENCE IN INDOOR AND OUTDOOR
PROSTITUTION VENUES 126–39 (2004).
52
Id. at 136.
53
Eliana Dockterman, Hawaii Police Won’t Get to Have Sex With Prostitutes Anymore,
T
IME (Mar. 6, 2014), http://time.com/38444/hawaii-police-prostitutes-sex/;
Mark Memmott, Hawaii’s Police, Lawmakers Reach Consensus on Prostitution Law,
NPR (Mar. 26, 2014, 10:56 AM), http://www.npr.org/sections/thetwo-
way/2014/03/26/294714686/hawaiis-police-lawmakers-reach-consensus-on-prostitution-
law.
54
MACKINNON, supra note 50, at 157.
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In the United States, prostituted women and girls endure extensive sexual
and physical violence including rape, battery, and murder.
55
A study in
Colorado Springs of 1,969 prostituted individuals between the years of
1967–1999 found that persons actively involved in prostitution face a
murder rate that is 18 times higher than non-prostituted persons.
56
Additionally, in 1985, “the Special Committee on Pornography and
Prostitution in Canada quoted estimates that mortality for prostituted
persons may be 40 times higher than the national average.”
57
Furthermore,
as demonstrated by convicted murder Gary Ridgeway, serial killers often
target women in prostitution because they know they can get away with
their crimes more easily.
58
Ridgeway operated for years in Seattle,
Washington, murdering countless prostituted women and girls.
59
Criminal records and repeated incarceration create severe economic
disadvantages for women with experiences of prostitution and adds to the
difficulty women have exiting prostitution.
60
Criminal records from
prostitution-related crimes and time spent incarcerated impact a woman’s
ability to access education, legal employment, and loans.
61
It is appropriate
to ask whether long-term counseling, financial assistance, drug and alcohol
55
MELISSA FARLEY & VANESSA KELLY, PROSTITUTION: A CRITICAL REVIEW OF THE
MEDICAL AND SOCIAL SCIENCES LITERATURE 10, 16–17 (2000).
56
WALTMAN, supra note 23, at 453.
57
Id.
58
Transcript of CNN Live Event/Special, Wolf Blitzer, Gary Ridgway Pleads Guilty to
Green River Murders, CNN (Nov. 5, 2003), available at
http://www.cnn.com/TRANSCRIPTS/0311/05/se.04.html.
59
Id.; WALTMAN, supra note 23, at 453; JANICE RAYMOND, NOT A CHOICE, NOT A JOB
187 (2013).
60
LINDA DERIVIERE, A HUMAN CAPITAL METHODOLOGY FOR ESTIMATING THE
LIFELONG PERSONAL COSTS OF YOUNG WOMEN LEAVING THE SEX TRADE 377 (2006).
61
POLARIS PROJECT, 2013 ANALYSIS OF STATE HUMAN TRAFFICKING LAWS:
VACATING CONVICTIONS FOR SEX TRAFFICKING VICTIMS 1 (2013), available at
http://www.polarisproject.org/storage/documents/2013-Analysis-Category-10-Vacating-
Convictions.pdf.
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treatment, and housing would be more successful in enabling women to
leave prostitution than incarceration or the threat of incarceration.
B. Legalization and Decriminalization
Legalization is closely related to complete decriminalization in theory
and in practice, so they will be discussed simultaneously in this paper.
62
Proponents of legalization and decriminalization often proceed from the
standpoint that prostitution arises from personal choice, is an indication of
women’s empowerment, and is a business agreement made between
consenting adults with equal power.
63
Though local ordinances may place
restrictions on prostitution, it is important to note that national legalization
and decriminalization of prostitution activities remove the legal barriers to
the growth of the “legal” commercial sex industry.
Legalization generally refers to the regulation of prostitution through
labor laws that legalize the majority of the following: pimping, buying,
brothel ownership, and the sale of prostitution sex.
64
In legalization regimes,
the government takes an active role in regulating prostitution, as is the case
in Victoria, Australia, the Netherlands, and Germany.
65
After legalizing
prostitution, municipal and national governments may also promote the sex
industry. The City of Hamburg’s official city website advertises “a varied
62
RAYMOND, supra note 59, at xlii.
63
Id. at 84–85.
64
Id. at xlii; DUTCH MINISTRY OF FOREIGN AFFAIRS, DUTCH POLICY ON PROSTITUTION:
QUESTION AND ANSWERS 2012 7 (2012), available at
http://www.minbuza.nl/binaries/content/assets/minbuza/en/import/en/you_and_the_nethe
rlands/about_the_netherlands/ethical_issues/faq-prostitutie-pdf--engels.pdf-2012.pdf.
65
MARY SULLIVAN & SHEILA JEFFREYS, LEGALISING PROSTITUTION IS NOT THE
ANSWER: THE EXAMPLE OF VICTORIA, AUSTRALIA 2 (2001); DUTCH MINISTRY OF
FOREIGN AFFAIRS, supra note 64, at 5, 13–16; FED. MINISTRY FOR FAMILY AFFAIRS,
SENIOR CITIZENS, WOMEN & YOUTH, REPORT BY THE FEDERAL GOVERNMENT ON THE
IMPACT OF THE ACT REGULATING THE LEGAL SITUATION OF PROSTITUTES
(PROSTITUTION ACT) 65, 70, 71 (2007), available at https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/federal_government_report_of_the_impact_of_the_a
ct_regulating_the_legal_situation_of_prostitutes_2007_en_1.pdf.
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assortment of entertainment, including Reeperbahn’s famous strip clubs and
brothels.”
66
The website also notes that “Just around the corner from the
Reeperbahn is Herbert Street, the principal red light area. Both ends of the
street are blocked by barriers and it is inaccessible to women and minors.”
67
In the Netherlands, the “Official portal website of the City of Amsterdam”
provides an information page on the red light district.
68
The page cautions
tourists about “sex trafficking, forced prostitution,” and “seedier characters”
in the red light district, but still promises “plenty of sex shops, peep shows,
brothels, an elaborate condom shop, a sex museum and prostitutes in red-lit
windows.”
69
While acknowledging these dangers, the site assuages the
potential safety and ethical concerns of sex tourists with the assurance that,
“Sex-workers here have their own union, plenty of police protection, an
information centre . . . frequent monitoring and testing and professional
standards.”
70
Legalization regimes embed a prostitution economy into a
country’s market structure enabling the country to derive major tax and
tourism revenue from the industry.
71
Legalization regimes, by situating
prostitution within a labor model framework, advance profit goals.
72
Decriminalization refers to the elimination of laws and penalties
associated with all or some parts of the prostitution industry, as in the case
of New Zealand and Denmark.
73
Following decriminalization, enforcement
66
Reeperbahn, HAMBURG.DE, http://english.hamburg.de/nofl/294386/reeperbahn-
hamburg-st-pauli-nightclub-english (last visited Jan 14, 2016).
67
Id.
68
Red Light District, I AMSTERDAM,
http://www.iamsterdam.com/en/visiting/areas/amsterdam-neighbourhoods/centre/red-
light-district (last visited Oct. 12, 2015).
69
Id.
70
Id.
71
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 13; SHEILA JEFFREYS, THE
INDUSTRIAL VAGINA: THE POLITICAL ECONOMY OF THE GLOBAL SEX TRADE 130–131
(2009).
72
RAYMOND, supra note 59, at 84.
73
Id. at xlii; TIGHE INSTONE & RUTH MARGERISON, SHADOW REPORT FOR THE
CEDAW COMMITTEE ON NEW ZEALAND FROM: COALITION AGAINST TRAFFICKING IN
380 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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of laws pertaining to prostitution is largely transferred from law
enforcement to local councils.
74
In this approach, local councils must
dedicate funding and administrative staff to finding ways to regulate the
industry without police authority or resources to investigate, penalize, or
shut down brothel owners or pimps.
75
The country that decriminalizes
prostitution benefits from prostitution tourism and may collect tax revenue
through administrative regulations.
76
Those who identify prostitution as simply another form of labor seek to
legalize or decriminalize prostitution sex and to incorporate it into the labor
market as “sex work.”
77
The economic theory of neoliberalism underpins
this endeavor because it “seeks to bring all human action into the domain of
the market.”
78
Neoliberal markets have particular investment in
commodifying sex; as the saying goes, “Sex sells.”
79
Within a neoliberal
framework, everything, including sex and the human body, is
WOMEN NEW ZEALAND 2 (2007), available at
http://www.vawpreventionscotland.org.uk/sites/www.vawpreventionscotland.org.uk/files
/CEDAW-CATWANZ.pdf; D
IRECTORATE GENERAL FOR INTERNAL POLICIES, POLICY
DEP’T C: CITIZENS’ RIGHTS & CONSTITUTIONAL AFFAIRS, THE POLICY ON GENDER
EQUALITY IN DENMARK - UPDATE 24 (2015), available at
http://www.europarl.europa.eu/RegData/etudes/IDAN/2015/510026/IPOL_IDA(2015)51
0026_EN.pdf.
74
See RAYMOND, supra note 59, at xlii.
75
Id. at xliii.
76
Self-Employed Activities, SKAT 1 (Feb. 3, 2012),
http://skat.dk/SKAT.aspx?oId=2035444&chk=205878.
77
See generally OPEN SOC’Y FOUNDS., 10 REASONS TO DECRIMINALIZE SEX WORK
(2015), available at http://www.nswp.org/sites/nswp.org/files/10-reasons-decriminalize-
sex-work-20150410_0.pdf (defines prostitution as “sex work” and provides arguments
for the decriminalization of prostitution); Carter & Grobbe, supra note 8, at 52–53.
78
HARVEY, supra note 14, at 3.
79
NAOMI WOLF, THE BEAUTY MYTH: HOW IMAGES OF BEAUTY ARE USED AGAINST
WOMEN 16–18, 131–133 (1st ed. 1991); see generally Sex Sells, HUFFINGTON POST,
http://www.huffingtonpost.com/news/sex-sells/ (last visited 02172016) (providing a
sample of 15 Huffington Post articles reporting on ways in which sex is used in
advertising to sell products).
Prostitution Policy 381
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commodifiable and potentially saleable in a market.
80
Neoliberalism also
asserts that the best interests of the individual are advanced by unfettered
market laws.
81
The argument that legalization of prostitution will serve the
interests of women in prostitution aligns easily with these theories of
neoliberalism.
Liberal discourses of empowerment, agency, and sex positivity advance
the notion that sex can be labor and hence exchanged on a market.
82
These
liberal discourses dovetail with the economic theory of neoliberalism.
Neoliberal theory advances the concept of “individualism” arguing that the
interests of the individual take precedence over those of the state and
society and that the individual should be freed from the constraints of either
of these institutions to make rational decisions and contracts in the
marketplace that will best serve her or his interests.
83
Within this
framework, it is argued that the practice of exchanging money for sexual
access is legitimate and should be legalized or decriminalized.
84
According to the neoliberal argument, “human well-being can best be
advanced by liberating individual entrepreneurial freedoms and skills.”
85
Proponents of the commercial sex industry argue that a legal system that
protects a woman’s right to choose to work in the sex industry will provide
women access to benefits such as social security, will protect women from
80
JEFFREYS, supra note 71, at 1.
81
TAYLOR, supra note 26, at 13.
82
WENDY CHAPKIS, LIVE SEX ACTS: WOMEN PERFORMING EROTIC LABOR 78–79
(1997); J
EFFREYS, supra note 71, at 208–212.
83
HARVEY, supra note 14, at 64–65.
84
Laurie Shrage, Prostitution and the Case for Decriminalization, in PROSTITUTION AND
PORNOGRAPHY: PHILOSOPHICAL DEBATE ABOUT THE SEX INDUSTRY 241 (Jessica
Spector ed., 2006); see generally, Debra Satz, Markets in Women’s Sexual Labor, in
P
ROSTITUTION AND PORNOGRAPHY: PHILOSOPHICAL DEBATE ABOUT THE SEX
INDUSTRY 394–418 (Jessica Spector ed., 2006) (demonstrating how academics use liberal
discourses of sexuality and economics to explain why the exchange of sex for money
should be decriminalized).
85
HARVEY, supra note 14, at 2.
382 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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violence, and will normalize and remove the social stigma of prostitution.
86
The following section examines the legalization of prostitution in the
Netherlands to better understand the social, political, and economic
consequences of this approach. Most of the findings in this analysis are
extendable to other countries that have legalized or decriminalized
prostitution, such as Germany, parts of Australia, New Zealand,
Switzerland, and Denmark.
1. Neoliberal Prostitution Policy in Practice: The Netherlands as a Case
Study
The history of legalization in the Netherlands provides insight into how
the pro-prostitution lobby has influenced language used to discuss
prostitution. The precedent set by the Netherlands influences the way that
societies understand prostitution and attempt to regulate it.
87
From 1911 to
2000, in the Netherlands, pimping and brothel keeping were criminalized,
although the laws were largely unenforced.
88
In the 80s, the Dutch
government began to consider legalizing and taxing prostitution.
89
The
Dutch government argues that prostitution was legalized to enable the
government to “end abuses in the sex industry” and that the policy
“prevents human trafficking.”
90
Dutch parliamentarians also recognized that
legalization would conveniently enable the Dutch government to tax the
large, illegal but lucrative commercial sex industry.
91
86
Isabel Crowhurst, Joyce Outshoorn, & May-Len Skilbrei, Introduction: Prostitution
Policies in Europe, S
EXUALITY RESEARCH AND SOCIAL POLICY 187, 188 (2012); see
also A
MNESTY INT’L, AMNESTY INTERNATIONAL DRAFT POLICY ON THE PROTECTION
OF THE
HUMAN RIGHTS OF SEX WORKERS (2015).
87
RAYMOND, supra note 59, at 78, 82.
88
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 4, 5.
89
RAYMOND, supra note 59, at 83-85.
90
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 5, 14.
91
RAYMOND, supra note 59, at 84; DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note
64, at 13.
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To further this goal, the country provided subsidies to non-governmental
organizations lobbying for legalization.
92
With government funding, groups
were able to advocate internationally creating a theoretical division of
prostitution into two categories: forced—currently known as trafficking;
and free—colloquially known as sex work.
93
The lobby groups and the
government that funded them divided prostitution into these categories in
order to legitimately tax one (free category) and excise the other (forced
category).
94
After legitimizing a sector of the illegal prostitution market as
“voluntary” (framing women in this sector as choosing to be in
prostitution), the Dutch government advocated for legalization as the
official position of the Netherlands.
95
Prostitution buyers formed
organizations to promote buying and legalization, and they were included as
advisers on governmental reports regarding prostitution.
96
As a result, in
2000, the Netherlands changed the penal code in what became known as
“lifting the general ban on the brothels,” which included legalizing pimping
and brothel keeping.
97
Prostitution buying and the selling of prostitution
were already legal.
98
Capitalism, at its most basic, is the production of commodities through
the exploitation of individual wage labor. Neoliberalism, in brief, is a
capitalist, political, economic theory, characterized by free markets, free
trade, and strong individual property rights.
99
Neoliberalism calls for
deregulation (limited government involvement) of the markets. Today,
neoliberalism has globalized and become the dominant, governing
92
See id. at 80–85.
93
Id. at 82.
94
Id. at 84–85.
95
See id. at 84, 85.
96
Id. at 85.
97
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 4.
98
Id.
99
HARVEY, supra note 14, at 64.
384 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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economic theory of the world’s markets.
100
The influence and effects of this
monolithic ideology is visible in the lucrative red light district of the
Netherlands—a country that has come to be internationally identified as a
destination site for sex tourism.
101
In legalizing prostitution, the Netherlands embraced the symbiotic
ideologies of neoliberalism and sex-positive feminism;
102
thus reframing
women in prostitution as “independent agents” whose right to chose to be in
the sex industry should be protected by the law. According to neoliberal
market principles, “there are presumed to be no asymmetries of power or of
information that interfere with the capacity of individuals to make rational
economic decisions in their own interests.”
103
Such logic assumes no
structural barriers to an individual’s participation or decision-making in the
labor market. Advocates of prostitution argue that women in prostitution are
stigmatized, and thus subject to violence, because of their exclusion from
the legal labor market.
104
The Dutch government argues that legalization,
“gives sex workers the same rights and protection as other professionals”;
thus, by bringing women into the labor market as legal sex workers, the
market facilitates an improvement in the status of women marginalized in
the sex industry.
105
The intentions of the legislation were to
control and regulate the employment of sex workers through a
municipal licensing system, protect the position of sex workers,
protect people from being coerced into prostitution, protect minors
against sexual abuse, reduce prostitution by foreign nationals
100
Id. at 2–3.
101
JEFFREYS, supra note 71, at 133–34.
102
RAYMOND, supra note 59, at 84–85.
103
HARVEY, supra note 14, at 68.
104
Laurie Shrage, Prostitution and the Case for Decriminalization, in PROSTITUTION AND
PORNOGRAPHY: PHILOSOPHICAL DEBATE ABOUT THE SEX INDUSTRY 241, 242 (Jessica
Spector ed., 2006).
105
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 14; RAYMOND, supra note
59, at 83.
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VOLUME 14 • ISSUE 2 • 2015
residing illegally in the Netherlands, and sever the links between
prostitution and crime.
106
Actions of the Dutch government after it passed the law indicate that the
stated goals of the law were not being met. In 2003, the city of Amsterdam
began to close many sex bars and clubs and it began to place restrictions on
prostitution; Amsterdam limited all-night brothel hours,
107
and on
December 15, 2003, prohibited the street tolerance zone
108
altogether.
109
In
2005 and 2006, because of the proliferation of organized crime in the sex
industry, many Dutch cities closed their legal prostitution zones as they had
become incredibly unsafe for women.
110
Former Amsterdam Mayor Job
Cohen explained, “It appeared impossible to create a safe and controllable
zone for women that was not open to abuse by organized crime.”
111
The
legislation’s failures were evidenced by continued bar closures; in 2006, 37
prostitution venues in Amsterdam closed because the city council
determined that they were run by organized crime—men were facilitating
human and drug trafficking out of the venues.
112
Europol investigations in
2006 revealed that Dutch pimps and brothel owners were collaborating with
traffickers to bring women into the country and that women in the industry
106
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 6.
107
RAYMOND, supra note 59, at 87–88.
108
These are specific areas of a city where street prostitution may legally occur. See
P
ROSTITUTION TOLERANCE ZONES (SCOTLAND) BILL, POLICY OBJECTIVES 1 (2003),
available at
http://www.scottish.parliament.uk/S2_Bills/Prostitution%20Tolerance%20Zones%20(Sc
otland)%20Bill/b07s2-introd-pm.pdf.
109
See generally Why Dutch Street Walkers are Getting the Boot, EXPATICA (Dec. 9,
2003), http://www.expatica.com/nl/news/country-news/Why-street-walkers-are-getting-
the-boot_109558.html (reporting on Amsterdam’s closing of its official street prostitution
zone).
110
RAYMOND, supra note 59, at 88.
111
Why Dutch Street Walkers are Getting the Boot, supra note 109, at 1.
112
RAYMOND, supra note 59, at 88.
386 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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were subject to extreme violence and murder.
113
In 2008, Amsterdam City
Council members introduced measures to cut the red light district’s sex
windows by nearly half—reducing the number from 482 to 243.
114
In 2008, the National Prosecutor’s Office and the National Police Service
conducted an investigation into the status of prostitution in the
Netherlands.
115
In 2008, Beneath the Surface, a report summarizing this
investigation, was published.
116
The report documented that criminal gangs,
working as pimps and bodyguards, had been using extreme violence against
women in the legal, licensed sector of the industry for as long as ten years
despite the presence of brothel inspectors.
117
Victims who made reports or submitted statements to the police
tell of how they were beaten with baseball bats, and how they were
made to stand outside in the cold water of lakes in holiday parks
during winter. There were also reports of forced abortions, breast
enlargement (forced and voluntary), and tattoos with the names of
the pimps.
118
The 2008 National Police Service report asked, “How is it possible that
forced prostitution, i.e., human trafficking, was able to take place (almost
unimpeded) in the licensed window prostitution sector?”
119
The report
identifies several answers, including (1) that law enforcement has less
power and incentive to investigate prostitution activities since, as a general
rule, law enforcement is less critical of legal industries
120
and (2) that
113
NAT’L POLICE SERV., CRIMINAL INVESTIGATIONS DEP’T (KLPD), BENEATH THE
SURFACE (SCHONE SCHIJN): THE IDENTIFICATION OF HUMAN TRAFFICKING IN THE
LICENSED PROSTITUTION SECTOR 4 (2009) [hereinafter KLPD].
114
Amsterdam to Cut Brothels by Half, BBC NEWS EUROPE, at 1,
http://news.bbc.co.uk/2/hi/europe/7769199.stm (last updated Dec. 6, 2008, 16:15 GMT).
115
KLPD, supra note 113, at 3.
116
Id.
117
Id. at 4.
118
Id.
119
Id. at 5.
120
Id. at 24.
Prostitution Policy 387
VOLUME 14 • ISSUE 2 • 2015
brothel inspections were not successful in detecting exploitation.
121
Brothel
inspections were unsuccessful because pimps often monitored women when
interviewed by inspectors making them unable to reveal the true conditions
under which they were prostituted.
122
Additionally, the report documented
prostitution inspectors “maintain[ing] contact with pimps or bodyguards.”
123
Furthermore, the report found that bodyguards, often working for criminal
gangs,
124
were not protecting the women.
125
Thus the report suggests that
police inspectors “maintain[ing] contact with pimps or bodyguards”
increases the inspector’s “risk of collusion or slipping into a criminal
environment” and that such “behavior does not improve the trust of possible
victims of human trafficking in the inspectors.”
126
In part, the legislation
relies on the goodwill of brothel owners and buyers, often exploiters
themselves, to prioritize reporting abuse over profit margins and personal
sexual satisfaction.
127
The investigators found that one criminal gang forced
women to work in window brothels for years without detection by the
inspectors.
128
As indicated by this report, the policies in place for
identifying abuse are ineffective.
129
Licensing and inspecting a brothel gives
no true guarantee that women will not face abuse.
130
Prostitution buyers and
brothel operators may choose to not report the abuse that they witness.
131
Women are often under extreme duress, facing violence and threats of
violence by pimps. From this, one conclusion is that the legal commercial
121
Id. at 10.
122
Id. at 9.
123
Id. at 8.
124
Id. at 16.
125
Id. at 4.
126
Id. at 8.
127
RAYMOND, supra note 59, at 91.
128
See KLPD, supra note 113, at 1.
129
Id. at 7–9.
130
Id.
131
Id. at 91.
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sex industry acts as a cover for the illicit industry, making it harder to track
the illegal market.
The 2008 National Police Service report also indicated that 50–90
percent of prostituted women in all three cities were “working against their
will.”
132
This reality is in direct contradiction to the goals of legalization,
which explicitly aim to “protect the position of sex workers, protect people
from being coerced into prostitution, protect minors against sexual abuse,
reduce prostitution by foreign nationals residing illegally in the
Netherlands, [and] sever the links between prostitution and crime.”
133
In
summation, the report stated, “The idea that a clean, normal business sector
has emerged is an illusion.”
134
In a 2012 study, “Does Legalized Prostitution Increase Human
Trafficking,” researchers analyzed cross-sectional data of 116 countries,
including the Netherlands, to determine the effect of legalized prostitution
on human trafficking.
135
They also reviewed case studies of Denmark,
Germany, and Switzerland to examine the longitudinal effects of legalizing
or criminalizing sex buying and sex selling. The study’s findings conclude:
(1) countries that have legalized sex buying are associated with
higher human trafficking inflows than countries where sex buying
is prohibited;
136
(2) evidence indicates that the criminalization of sex buying in
Sweden resulted in the shrinking of the prostitution market and a
decline in human trafficking inflows; and
137
132
Id. at 7.
133
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 6.
134
KLPD, supra note 113, at 1.
135
Seo-Young Cho et al., Does Legalized Prostitution Increase Human Trafficking?, 41
W
ORLD DEV. 67, 67 (2013).
136
Id. at 71, 74–75.
137
Id. at 75.
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(3) cross-country comparisons of Sweden (where sex buying is
criminalized) with Denmark (where sex buying is decriminalized)
and Germany (where sex buying is legalized) are consistent with
the quantitative analysis, which show that trafficking inflows
decreased with criminalization of sex buying and increased with
legalization or decriminalization of sex buying.
138
Despite findings such as these, major intergovernmental organizations
call for the complete decriminalization
139
and/or legalization of (1) the
individual sold in prostitution, individuals they identify as “sex workers”;
140
(2) sex buyers, identified as “clients”;
141
and (3) the pimps and brothel
keepers, who they identify as “managers.”
142
Major intergovernmental
organizations argue that legalization and decriminalization reduce the harm
to women in the industry and reduce the spread of HIV/AIDS.
143
They also
advocate for making a strong distinction between trafficking and “sex
work”; one they identify as forced, the other as free and consensual.
144
In response to industrialism and modern capitalism, laborers have
organized for collective bargaining rights to ensure their safety in the face
of employers who ignore the well-being of the laborer in favor of profit.
145
Women in prostitution, unlike laborers, face the perpetual risk of violence at
the hands of both their employers and their “clients.” This risk is not
138
Id.
139
UNAIDS, supra note 19, at 6 (Annex 1); see generally AMNESTY INT’L, supra note 86
(advocating for decriminalizing or legalizing prostitution.).
140
AMNESTY INT’L, supra note 86, at 1.
141
See DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 4.
142
UNAIDS, supra note 19, at 3.
143
Id. at 6; see generally AMNESTY INT’L, supra note 86 (arguing that decriminalizing
prostitution will reduce the spread of HIV/AIDS and violence against women in
prostitution).
144
UNAIDS, supra note 19, at 15.
145
KARL MARX & FREDERICH ENGELS, THE COMMUNIST MANIFESTO 69–73 (Joseph
Katz ed., Samuel Moore trans., Wash. Square Press 1964).
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incidental, but arises from the literal commodification, not of a woman’s
labor, but of her body and self.
146
Women endure further psychological and
emotional violation from commodification.
147
Commodification abrogates a
woman’s subjecthood by reducing her to the status of a sex object,
purchasable and exchangeable on the market. Survivors of prostitution
describe experiencing feelings of estrangement, dissociation, and
disembodiment as a consequence of prostitution.
148
Survivor activists
Vednita Carter
149
and Evelina Giobbe
150
made the process of
disembodiment strikingly clear when they wrote that the prostituted woman
“is empty space surrounded by flesh into which men deposit evidence of
their masculinity. She does not exist so that he can.”
151
This sex class
distinction, alluded to by Carter and Giobbe, is borne out of centuries of
women’s political, social, and economic oppression.
152
The distinction gives
rise to “prostitution as a social institution” that “gives men personhood—in
this case, manhood—through depriving women of theirs.”
153
In A Brief History of the Neoliberal State, David Harvey argues that
146
JEFFREYS, supra note 71, at 134; Melissa Farley et. al. COMPARING SEX BUYERS
WITH
MEN WHO DON’T BUY SEX, PSYCHOLOGISTS FOR SOCIAL RESPONSIBILITY
ANNUAL CONFERENCE 29 (2011), available at
http://www.catwinternational.org/content/images/article/212/attachment.pdf (revealing
perspectives held by buyers of the women they buy); D. A. Clarke, Resisting the Sexual
New World Order, in
NOT FOR SALE: FEMINISTS RESISTING PROSTITUTION AND
PORNOGRAPHY 151 (Christine Stark & Rebecca Whisnant eds., 2004).
147
Maddy Coy, This Body Which is Not Mine: The Notion of the Habit Body, Prostitution
and (Dis)embodiment, 10(1) F
EMINIST THEORY 61, 68–69 (2009).
148
See id. at 61, 66–73 (2009).
149
Vednita Farmer, Leadership at Breaking Free, BREAKING FREE,
http://www.breakingfree.net/leadership.aspx (last visited Oct. 11, 2015).
150
Id.; Carter & Grobbe, supra note 8, at 37.
151
Id. at 46.
152
See generally SIMONE DE BEAUVOIR, THE SECOND SEX (H. M. Parshley trans. & ed.,
Vintage Books 1974) (1952); see generally S
HULAMITH FIRESTONE, THE DIALECTIC OF
SEX: THE CASE FOR FEMINIST REVOLUTION (1970) (arguing that women are
systematically oppressed by men).
153
MACKINNON, supra note 50, at 153.
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biases arise . . . out of the treatment of labour and the environment
as mere commodities. In the event of a conflict, the typical
neoliberal state will tend to side with a good business climate as
opposed to either the collective rights [and quality of life] of
labour
154
Harvey’s assessment holds particular veracity in the case of prostituted
women and children. As stated by Dorchen Leidholdt, “What other job is so
deeply gendered that one’s breast, vagina, and rectum constitute the
working equipment? Is so deeply gendered that the workers are exclusively
women and children and young men used like women?”
155
Despite
overwhelming evidence of the gendered violence endured by those in
prostitution, governments and major international organizations have
legalized/decriminalized, called for the legalization/decriminalization, or
advocated for the legitimacy of prostitution, pimping, and brothel keeping.
Nations and nongovernmental organizations advocating for legalization or
decriminalization include, Germany, parts of Australia, the Netherlands,
156
Denmark, the World Health Organization, UNAIDS,
157
the International
Labor Organization,
158
UN Women,
159
the UN Special Rapporteur on the
Right to Health,
160
and a variety of other entities. Amnesty International
154
HARVEY, supra note 14, at 70; see also id. at 64–86.
155
MACKINNON, supra note 50, at 160.
156
Gunilla Ekberg, The International Debate About Prostitution and Trafficking in
Women: Refuting the Arguments, in S
EMINAR ON THE EFFECTS OF LEGALISATION OF
PROSTITUTION ACTIVITIES—A CRITICAL ANALYSIS 9 (2002).
157
UNAIDS, supra note 19, at 3–12.
158
JEFFREYS, supra note 71, at 4.
159
U.N. WOMEN, NOTE ON SEX WORK, SEXUAL EXPLOITATION AND TRAFFICKING 2
(Oct. 9, 2013), available at
http://www.nswp.org/sites/nswp.org/files/UN%20Women's%20note%20on%20sex%20w
ork%20sexual%20exploitation%20and%20trafficking.pdf.
160
U.N. Human Rights Council, Report of the Special Rapporteur on the Right of
Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental
Health, 46–50, U.N. Doc. A/HRC/14/20 (Apr. 27, 2010), available at
http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.20.pdf.
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also recently released a statement advocating for the decriminalization of all
prostitution related activities.
161
These organizations apply to prostitution
the neoliberal logic that legitimizing prostitution, as “labor” in the legal
marketplace, will improve conditions for prostituted people.
Feminist law scholar Catharine MacKinnon argues that “women are
prostituted precisely in order to be degraded and subjected to cruel and
brutal treatment without human limits; it is the opportunity to do this that is
acquired when women are bought and sold for sex.”
162
MacKinnon argues
that the exploitation of women’s political, social, and economic
vulnerability in the form of prostitution is a human rights violation in and of
itself and that the normalization of this social practice through
legalization/decriminalization does not render the practice humane.
163
Legalization/decriminalization regimes normalize prostitution as “labor,”
thereby increasing the market potential for prostitution.
164
Brothel owners
and pimps, acting as classic employers, oblige the demands of customers to
protect profit margins, regardless of the harms to the prostituted woman. As
dictated by capitalism, in the never-ending drive to increase profit and to
secure clients, brothel owners, pimps, and buyers coerce women into
engaging in unprotected sex, violent sex, anal sex, pregnant sex, bondage,
group sex, and so forth.
165
161
Doreen Carvajal, Amnesty International Considers Pushing for Decriminalization of
Prostitution, N.Y.
TIMES (July 31, 2015),
http://www.nytimes.com/2015/08/01/world/europe/amnesty-international-weighs-
decriminalization-of-prostitution.html?_r=0.
162
MACKINNON, supra note 50, at 151.
163
See id. at 151–57.
164
See JEFFREYS, supra note 71, at 133–35.
165
See Cordula Meyer et al., Unprotected: How Legalizing Prostitution Has Failed,
S
PIEGEL ONLINE INT’L (May 30, 2013, 3:41 PM),
http://www.spiegel.de/international/germany/human-trafficking-persists-despite-legality-
of-prostitution-in-germany-a-902533.html.
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The demographic of prostituted individuals is not limited to adults,
despite laws prohibiting the prostituting of minors. The most economically,
socially, and politically vulnerable groups in the world are targeted for
prostitution,
166
so it is unsurprising that when countries legalize and endorse
prostitution culture, this culture targets children.
167
In 2006, the Dutch
National Rapporteur on Human Trafficking reported, “There was a striking
increase in the number of registered under-age victims, particular in the age
group from 15-17 years.”
168
Interpol and Dutch police statements reveal that
the Netherlands plays a leading role in creating and sustaining pedophile
networks in Europe.
169
From 2006 to 2010, in the Netherlands, there existed
the only known political party to promote pedophilia.
170
The Party for
Brotherly Love, Freedom and Diversity sought to lower the minimum age
of consent to 12 and to legalize child pornography.
171
The Dutch government stated that its goals for legalizing prostitution
were as follows:
control and regulate the employment of sex workers through a
municipal licensing system, protect the position of sex workers,
protect people from being coerced into prostitution, protect minors
against sexual abuse, reduce prostitution by foreign nationals
166
See JACQUI TRUE, POLITICAL ECONOMY OF VIOLENCE AGAINST WOMEN 102 (2012);
H
UGHES, supra note 11, at 1; see generally Melissa Farley et. al., Prostitution in
Vancouver: Violence and The Colonization of First Nations Women, 42
T
RANSCULTURAL PSYCHIATRY 242 (2005).
167
See RAYMOND, supra note 59, at 115.
168
Id.
169
Id. at 116–17.
170
See generally Dutch Pedophile Party Disbands After Lack of Success,
H
UFFINGTONPOST.COM, http://www.huffingtonpost.com/2010/03/15/dutch-pedophile-
party-dis_n_499127.html (last visited Sept. 16, 2015) [hereinafter
H
UFFINGTONPOST.COM] (reporting on the disbanding of the Dutch Party for Brotherly
Love, Freedom and Diversity); see also R
AYMOND, supra note 59, at 116.
171
See generally Nicholas Watt, Dutch Court Lets Paedophile Party Contest Country's
General Election, THE GUARDIAN (July 18, 2006),
http://www.theguardian.com/world/2006/jul/18/topstories3.mainsection.
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residing illegally in the Netherlands, and sever the links between
prostitution and crime.
172
Though the Dutch government has yet to meet these stated goals,
legalization remains in place.
173
With the industry generating upwards of
800 million USD a year, the most identifiable “success” of the law aligns
well with a neoliberal ideology. This ideology promotes individual business
interests and advances contractual relationships in a market.
174
Though the
legal prostitution industry is overwhelmed with organized crime and
exploitation,
175
prostitution remains a source of high tax revenue, providing
the Dutch government with a powerful incentive to uphold the
legislation.
176
Legalization and blanket decriminalization laws and policies
grant legitimacy to buyers, brothel owners, and pimps, but have not stopped
the violence women face at the hands of these same individuals.
177
What
legalization and decriminalization have done is bring the illegal prostitution
market into the legal arena for significant taxation
178
and tourism profit.
179
As of today, the Netherlands attributes five percent of its total GDP to the
sex industry.
180
172
DUTCH MINISTRY OF FOREIGN AFFAIRS, supra note 64, at 6.
173
Id. at 3.
174
Anne Holligan, Amsterdam’s Prostitutes Targeted by Dutch Tax Officials, BBC NEWS
(Mar. 21, 2011), http://www.bbc.com/news/world-africa-12705531.
175
See generally NAT’L POLICE SERV., supra note 113 (documenting organized crime
and exploitation in the legal prostitution industry).
176
See generally id. Prostituted women in the Netherlands are expected to charge
customers a 19 percent sales tax and pay income tax at a rate of 33–52 percent. In 2011,
the Dutch government launched a major effort to increase tax collection from prostituted
women in order to help fill the country’s budget gap. See Dutch Prostitutes Get Visit from
Tax Collector, CBS
NEWS (Jan. 12, 2011), http://www.cbsnews.com/news/dutch-
prostitutes-get-visit-from-tax-collector/.
177
See generally KLPD, supra note 113.
178
See Holligan, supra note 174.
179
See Red Light District, supra note 68.
180
RAYMOND, supra note 59, at 133.
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In Germany, where recent estimates indicate that roughly 400,000
women service 1.2 million men every day,
181
the Verdi public services
union estimates that prostitution generates €14.5 billion annually.
182
The
intersection of capitalism and legalization has even produced flat rate
brothels in Germany:
When the Pussy Club opened near Stuttgart in 2009, the
management advertised the club as follows: ‘Sex with all women
as long as you want, as often as you want and the way you want.
Sex. Anal sex. Oral sex without a condom. Three-ways. Group sex.
Gang bangs.’ The price: €70 during the day and €100 in the
evening. According to the police, about 1,700 customers took
advantage of the offer on the opening weekend. Buses arrived from
far away and local newspapers reported that up to 700 men stood
in line outside the brothel at any one time. Afterwards, customers
wrote in Internet chat rooms about the supposedly unsatisfactory
service, complaining that the women were no longer as fit for use
after a few hours.
183
Though lobbyists for decriminalization/legalization make their arguments
in reference to the benefits they claim will accrue to survivors of
prostitution, the commercial sex trade, in actuality, benefits men who, as
pimps and brothel owners, gain economically and who, as buyers, gain
unfettered sexual access to women’s bodies.
184
Significant revenue is at
stake for the prostitution industry and governments that
decriminalize/legalize prostitution.
185
Therefore, within a country advancing
181
Nisha Lilia Diu, Welcome to Paradise, THE TELEGRAPH (2013),
http://s.telegraph.co.uk/graphics/projects/welcome-to-paradise/index.html?src=longreads.
182
Unprotected: How Legalizing Prostitution Has Failed, SPIEGEL ONLINE INT’L (May
30, 2013, 3:41 PM), http://www.spiegel.de/international/germany/human-trafficking-
persists-despite-legality-of-prostitution-in-germany-a-902533.html.
183
Id.
184
Helmut Sporer, Speech at the European Women’s Lobby Seminar (Oct. 1, 2013),
available at http://www.scribd.com/doc/184667092/Prostitution-in-Germany-by-
Detective-Superintendent-Helmut-Sporer#scribd.
185
JEFFREYS, supra note 71, at 130–131.
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these policy regimes the average sex buyer can, without much difficulty,
buy sexual access to a woman of any “age, bust or dress size, ethnicity, [or]
sexual orientation” from either the legal or illegal sector.
186
C. The Nordic Model
The theoretical underpinnings and practical interventions mandated by
the Nordic model of legislation differ substantially from the policy
approaches of criminalization and legalization/decriminalization. The
Nordic model, by interweaving political and social policy, is consistent with
the social democratic tendency to use government and social policies to
advance egalitarianism.
187
The model proceeds from an understanding of
prostitution as gendered violence, which creates a very different framework
than those that identify prostitution as either labor or a consequence of
female immorality. The conceptualization of prostitution as gendered
violence led Sweden to enact extensive interventions and treatment for
women.
188
According to Kajsa Wahlberg,
189
Sweden, unlike the
Netherlands, does “not separate prostitution from trafficking in human
beings.”
190
Sweden was the first country to asymmetrically decriminalize
individuals exploited in prostitution (primarily women and children), while
criminalizing buying, pimping, and brothel keeping.
191
The Nordic model
186
Prostitution and the Internet: More Bang For Your Buck, THE ECONOMIST (Aug. 9,
2014), http://www.economist.com/news/briefing/21611074-how-new-technology-
shaking-up-oldest-business-more-bang-your-buck.
187
TAYLOR, supra note 26, at 52–54.
188
SWEDISH NAT’L BOARD OF HEALTH & WELFARE, PROSTITUTION IN SWEDEN 2003:
KNOWLEDGE, BELIEFS & ATTITUDES OF KEY INFORMANTS 13, 75–8 (2004), available at
https://www.socialstyrelsen.se/Lists/Artikelkatalog/Attachments/10488/2004-131-
28_200413128.pdf.
189
Kajsa Wahlberg, Swedish Nat’l Rapporteur on Trafficking in Human Beings,
Statement at the Czech Republic Conference: Preventing and Combating Trafficking in
Human Beings and Reducing Prostitution and Sexual Exploitation (June 3, 2009).
190
Id. at 2.
191
EKBERG, supra note 21, at 1–2.
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penalizes those with power who demand the prostitution transaction, the
buyer with money or the pimp/brothel owner profiting.
192
Note that this is
not a “decriminalization” model; in fact, it is quite the opposite. As such, it
is best to refer to it as “the Nordic model” to avoid confusion.
For many social democrats, women’s attainment of equity necessitates
that structural barriers to women’s full economic, social, and political
inclusion be excised: “While classical liberals are famed for wanting to free
the individual from the constraints of others, social democrats believe that
freedom depends upon there being at least some measure of equality.
Inequality is thought to stand in the way of freedom.”
193
Sweden sees the sex industry––thriving off the social inequality between
women and men, adults and children, white people and people of color,
wealthy nations and colonized nations—as an unacceptable practice rather
than a market opportunity.
194
Swedes, in viewing prostitution as a
consequence of structural injustices (including sexism, racism, and
heterosexism), called for the provision of social service support to survivors
of prostitution and for the criminalization of those abusing their greater
socioeconomic power by buying prostituted women.
195
According to social
democratic theory, “society is free to the extent that . . . its institutions and
polices are such as to enable its members to grow to their full stature.”
196
Social democracies tend to use policy initiatives, not market incentives, to
further the societal wellbeing of all citizens.
197
A country committed to
advancing the welfare of the majority would not economically
institutionalize the sexual subordination of women to men. Nor is it like that
this country would justify segregating marginalized populations in an
192
See id.
193
TAYLOR, supra note 26, at 55.
194
EKBERG, supra note 21, at 1–2.
195
See id.
196
TAYLOR, supra note 26, at 55.
197
Id. at 52.
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economy (the sex industry) where these disenfranchised citizens would be
expected to sexually service their social superiors (i.e., those with more
economic power) for survival.
1. Social Democratic Prostitution Policy in Practice: Sweden as a Case
Study
The Nordic model took a number of decades to implement and involved
the work of numerous people and agencies, including the National
Organization for Women’s Shelters and Young Women’s Shelters in
Sweden (ROKS), the members of Prostitutes’ Revenge In Society (PRIS),
the feminist, the activist network Kvinnofronten, and a host of other
professionals including social workers, journalists, and politicians.
198
Therefore, the Nordic model is a collaborative effort focused on changing
the social norms that enable prostitution to flourish.
199
Punitive measures or
incarceration do not drive the Nordic model.
200
The model is a combination
of three equally important components: (1) community education,
201
(2)
social services,
202
and (3) law enforcement.
203
198
Interview with Gerda Christenson, Swedish Feminist Activist With Kvinnonfronten, in
Stockholm, Swed. (Dec. 11, 2012); Interview with Louise Eek, Founder of Prostituerades
Revansch i Samhället [Prostitutes Revenge In Society] and Author of Att Köpa eller
Köpas [To Buy or Be Bought], in Lund, Swed. (July 8, 2013); Interview with Ebon
Kram, Former CEO of Riksorganisationen för kvinnojourer och tjejjourer [National
Organization for Women’s and Girls’ Shelters in Sweden] (ROKS), in Stockholm, Swed.
(Dec. 9, 2012); Interview with Kajsa Ekis, Author of Being and Being Bought, in
Stockholm, Swed. (Oct. 17, 2012).
199
EKBERG, supra note 21, at 1–2; Wahlberg, supra note 189, at 1.
200
Wahlberg, supra note 189, at 1.
201
EKBERG, supra note 21, at 18.
202
SWEDISH NAT’L BOARD OF HEALTH &WELFARE, supra note 183, at 75–8.
203
KAJSA WAHLBERG, SWEDISH NAT’L POLICE BOARD, SITUATION REPORT 13:
TRAFFICKING IN HUMAN BEINGS FOR SEXUAL AND OTHER PURPOSES (2011), available
at
https://www.polisen.se/Global/www%20och%20Intrapolis/Informationsmaterial/01%20P
olisen%20nationellt/Engelskt%20informationsmaterial/Trafficking_1998_/Trafficking_re
port_13_20130530.pdf.
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In Sweden, the feminist, women’s shelter movement and social
democratic ideals guided the development of prostitution policy.
204
In the
mid-1970s, as reports of extensive adult and child prostitution emerged, the
women’s movement demanded that a governmental commission be called
to investigate the status of prostitution in Sweden.
205
Women demanded
men, who were using their socio-economic power to buy sexual access, be
held accountable for the harms they were causing women and children.
206
In
the 1980s, a government commission
207
investigated the issue of
prostitution in Sweden.
208
Fifty women in the sex industry were
interviewed; over the course of two years, interviewers conducted in-depth
interviews with 25 of these women.
209
The ensuing report included extracts
from the interviews with women explaining how they coped in prostitution,
the violence they endured, their struggles with drug addiction, as well as
their relationships to prostitution buyers and pimps.
210
Out of this report
emerged the first governmental recommendation that Sweden criminalize
buyers and pimps.
211
Interviews with prostituted women directly informed
this report.
212
In the mid-1970s, Sweden established social work units in
four major cities—Norrköping, Stockholm, Malmö, and Gothenborg—to
support victims of prostitution.
213
These units conducted outreach work,
204
HULUSJÖ, supra note 21, at 110–111.
205
Interview with Sven-Axel, Social Work Professor, Malmö University, in Malmö,
Swed. (Oct. 10, 2012).
206
Interview with Ebon Kram, supra note 198.
207
The 10-person commission, including author Hanna Olsson and social work professor
Sven-Axel Månsson, also interviewed buyers and pimps, and mapped out the scope and
causes of prostitution.
208
Interview with Sven-Axel, supra note 205.
209
Interview with Hanna Olsson, Author of Catrine and Justice, in Stockholm, Swed.
(Jan. 1, 2013).
210
Id.
211
Id.
212
Id.
213
Interview with Anna Hulusjö, PhD Candidate, Malmö University, Department of
Health and Society, in Malmö, Swed. (Oct. 3, 2012).
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offered psychosocial support, and assisted with education, job training,
housing, and financial counseling.
214
In the 1990s, ROKS undertook a major campaign to educate the
community about the harms of prostitution. At this time, women comprised
50 percent of the Riksdag, the Swedish Parliament. ROKS built strong
alliances with female politicians and encouraged them to draw on their own
experiences of oppression, to empathize with other women, and to educate
their male counterparts about the harms of prostitution.
215
In the 1990s, the Swedish Parliament reached the consensus that
prostitution did not belong in a gender equal society.
216
In January of 1999,
as part of the Violence Against Women bill, Kvinnofrid,
217
Sweden
criminalized prostitution buyers.
218
Other exploiters of prostitution, pimps
(procurers) and brothel owners, were already criminalized.
219
Sweden was
the first country to asymmetrically decriminalize individuals exploited in
prostitution (primarily women and children), while criminalizing
prostitution buying (pimping and brothel keeping were already
criminalized).
220
At this time, the spotlight in Sweden was on men and their
role in creating, sustaining, and driving the prostitution industry.
221
Swedish
society identified male demand for prostitution as the major contributing
214
Id.
215
Interview with Ebon Kram, supra note 198.
216
Interview with Anna Hulusjö, PhD candidate, Malmö University, Department of
Health and Society, in Malmö, Swed. (Apr. 10, 2013).
217
The Swedish Violence Against Women Act is not to be confused with the Violence
Against Women Act of 1994 introduced in the United States.
218
Gunilla Ekberg, The Swedish Law That Prohibits the Purchase of Sexual Services:
Best Practices for Prevention of Prostitution and Trafficking in Human Beings, 10
V
IOLENCE AGAINST WOMEN 1187, 1191 (2004).
219
HULUSJÖ, supra note 21, at 111.
220
Ekberg, supra note 218; HULUSJÖ, supra note 21, at 111.
221
KAJSA CLAUDE, THE SWEDISH INST., TARGETING THE SEX BUYER. THE SWEDISH
EXAMPLE
: STOPPING PROSTITUTION AND TRAFFICKING WHERE IT ALL BEGINS 3 (2010),
available at http://exoduscry.com/wp-content/uploads/2010/07/swedish_model.pdf.
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factor to the commercial sex industry’s growth.
222
With the Nordic model,
Sweden made a political commitment to ending prostitution by convincing
“people to abstain from committing the crime of buying sex and to establish
norms under which no woman, man, girl, or boy can be sold and no one has
the right to sexually exploit another human being.”
223
Gary Taylor, in Ideology and Welfare, stated, “Social democrats tend to
be openly egalitarian and believe that freedom is not a purely individual
possession but something that resides in the community.”
224
In keeping with
this spirit, this report and public debates in Sweden reframed prostitution as
an issue of social responsibility, a systemic problem, and a consequence of
gender inequality.
225
In accordance with the social democratic drive to agitate for social
betterment, the primary intention of the Nordic model was not punitive; it
intended to change social norms that promoted and enabled prostitution to
flourish.
226
The six primary directives of the Nordic model were to (1)
reduce the number of women in prostitution, (2) reduce the size of the
trafficking industry, (3) reduce the number of buyers, (4) reduce the number
of pimps and sex clubs, (5) educate other countries about the model, and (6)
promote women’s equality more generally.
227
Prostitution units in Sweden
act as intermediaries and facilitators with the country’s broader social
service system to help women access housing, welfare support, healthcare,
and more.
228
Social democracy calls for policies that advance the well-being
of the most oppressed. “Rather than see the individual as an isolated being,
222
Id. at 3, 6–7.
223
Id. at 6.
224
TAYLOR, supra note 26, at 55.
225
Interview with Sven-Axel, supra note 205.
226
Wahlberg, supra note 189, at 5.
227
Id.
228
Interview with Miki Nagata, Social Worker, Stockholm Prostitution Unit, in
Stockholm, Swed. (Oct. 20, 2012); Interview with Anna Hulusjö, supra note 213.
402 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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social democrats are apt to consider people in their broader social context
and to regard freedom as something that can only be achieved for the vast
majority.”
229
Though Sweden acknowledges that some individuals may
choose to remain in prostitution, the country’s policies on this issue focus
on enabling individuals who wish to leave the opportunity to do so.
One of the primary intentions of the Nordic legislation was to change
social norms that enable and encourage men to buy sexual access to
others.
230
A Swedish special inquiry found that the number of men
purchasing sexual services dropped from 13.6 percent to 7.8 percent after
the introduction of legislation criminalizing sex buying.
231
Opinion polls
have indicated that 70 percent of Swedes now support the law—a finding
that may be indicative of the law’s success in shaping social norms.
232
Furthermore, according to Sweden’s national rapporteur on human
trafficking, Sweden has become an unattractive destination country for
traffickers, pimps, and sex buyers.
233
Estimates show that in the entire
country of Sweden, with a population of 9.6 million, only 400–600
individuals are trafficked each year.
234
Conservative estimates indicate that
in the city of Amsterdam—with a population of approximately 813,500—
4,000 individuals are trafficked each year.
235
In 1999, Denmark
decriminalized sex buying and sex selling; whereas in 1999, Sweden
criminalized sex buying and decriminalized sex selling.
236
After the
enactment of this legislation, estimates show that between 1999 and 2002
prostitution in Sweden dropped between 30 percent and 50 percent.
237
229
TAYLOR, supra note 24, at 55.
230
Wahlberg, supra note 189, at 3.
231
EKBERG, supra note 21, at 17.
232
CLAUDE, supra note 221, at 6.
233
Wahlberg, supra note 189, at 6.
234
CLAUDE, supra note 221, at 6.
235
RAYMOND, supra note 59, at 93.
236
Cho et al., supra note 135, at 74–5.
237
Ekberg, supra note 221, at 1193.
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Conversely, in 2008, estimates show that street prostitution in Denmark—
with a population size 40 percent smaller than Sweden—to be three to four
times higher.
238
Furthermore, the estimated number of human trafficking
victims in Sweden is 500, whereas in Demark the estimate was much higher
at 2,500.
239
II. THE NORDIC MODEL
A. Nordic Model In-Depth
The ensuing section provides an in-depth look at the Nordic model as it
operates in Sweden. The information presented in this section comes from
interviews conducted with a wide range of individuals in Sweden. The
interviews include feminist activists, social workers from all three Swedish
social service prostitution units, therapists, law enforcement officers with
the Stockholm Prostitution Unit, a police inspector with the Gothenburg
Trafficking Unit,
government employees, researchers, employees of Buyers
of Sexual Services (KAST) (an intervention service available to sex buyers
who want to stop buying sex), the founder of Prostitutes’ Revenge In
Society, a midwife from the Stockholm prostitution unit, the former CEO of
ROKS, and many others.
1. Social Services: The Stockholm Prostitution Unit
Three of the Swedish social service prostitution units,
Prostitutionsenheten, continue to operate in Malmo, Gothenburg, and
Stockholm.
240
The units act as intermediaries and facilitators with broader
social services to help women access housing, financial assistance,
psychosocial support, and more.
241
Those who seek services from the units
238
Cho et al., supra note 135, at 75.
239
Id. at 41.
240
Ane Mathieson visited each of these facilities between 2012 and 2013.
241
Interview with Miki Nagata, supra note 228.
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do so on their own volition. The judicial system does not compel them to
seek support as a condition of sentencing, as is often the case in the United
States.
242
Services offered by the units are entirely free,
243
and clients of the
units are under no obligation to leave prostitution in order to receive
services.
244
With a client demographic that includes women, men, and those
in the transgender community, the employees meet people with any
prostitution-related experience—from stripping and pornography to street
and brothel prostitution.
245
Clients from every stage of prostitution,
including those who have recently entered to those who have exited the
industry, seek services at the units.
246
The units do not have specific exit
programs; rather, employees will ask clients what they need help with to
tailor the social service support to the specific needs of each client.
247
In
contribution to the community education and norm changing efforts of the
Nordic model, employees also provide trainings to various groups,
including educators, law enforcement, youth, medical personal, and other
social welfare offices.
248
The most comprehensive Swedish unit, located in Stockholm, offers
access to two therapists (who are also street and internet outreach workers),
a trafficking specialist, street and internet outreach workers, social workers,
a midwife, a part time gynecologist, a general practitioner, and a
psychologist.
249
The unit contains an on-site medical office. In 2011, the
unit served 310 clients; these clients visited the unit 874 times.
250
In 2013,
this unit had approximately 70 regular clients per month (not including
242
Id.
243
Id.
244
Id.
245
Id.
246
Id.
247
Id.
248
Id.
249
Id.
250
Id.
Prostitution Policy 405
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those who only received medical services). The unit met with an additional
20 contacts on the street.
251
The unit’s employees have developed a therapeutic approach to their
work based on what they have learned from their clients.
252
Four primary
principles guide their work: attitude, time, cooperation, and flexibility.
253
Regarding attitude, the employees speak without judgment or criticism of
their clients, and they approach prostitution through the lens that it is not an
empowering act. They approach their work with utter patience, allowing
relationships with clients to build over time. There is no expectation that
anyone leave prostitution immediately. For many women, exiting
prostitution is a multi-staged process that can take many years. In light of
this, services are accessible indefinitely.
254
With regards to cooperation,
employees advocate for their clients in many settings. They constantly add
to their network of trained and trusted professionals who are sensitive to the
unique needs of women in prostitution from other agencies. Regarding
flexibility, employees strive to meet clients where they are located because
the clients’ lives are often full of serious struggles including poverty,
homelessness, drug and alcohol addiction, eating disorders, and other self-
harming behaviors.
255
As described by Antoinette Kinannder, midwife with
the Stockholm unit, it is
[i]mportant to hold space . . . the way you talk, express yourself is
so important. So they know that this is a place where they can say
anything . . . can trust. I tell new visitors ‘I can show you around
here: introduce you to my colleagues.’ That closeness is very
important. The check-up can be a carrot to bring women in . . . to
say, ‘Oh wow! Welcome!’ Her coming in is a sign that she is
251
Id.
252
Id.
253
Id.
254
Interview with Antoinette Kinannder, Midwife, Stockholm Prostitution Unit, in
Stockholm, Swed. (Dec. 2, 2012).
255
Id.
406 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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considering that she for once needs something. When she is so
used to being used, this is an important sign.
256
The employees accompany clients to meetings at other agencies,
advocate for their clients, make home visits, and more. Some clients, after
having left prostitution, continue to return to the unit for years because of
the safe relationships built. Clients are referred to the unit by other agencies.
The majority of referrals are made by the unit’s current clients.
257
Many women initially visit the unit for medical services.
258
The midwife,
trained as a psychiatric nurse, has a medical examination room attached to
her counseling office. She is able to test for STIs, UTIs, and to provide
basic medical examinations.
259
Many of the unit’s clients have never had a
gynecological exam before meeting with the unit’s midwife.
260
To highlight
how delicate this work is, Antoinette notes:
To follow these destinies, you have to follow at their speed. [You]
have to wait . . . They have to feel trust for the prostitution unit and
themselves to make the change in their lives . . . It is so important
to give people knowledge about their bodies, to encourage them to
be proud of their body. To say, ‘You are normal. You look
perfectly normal’ with the authority of a professional. Many
women seek medical services for months or even years until they
feel ready for psychosocial services.
261
256
Id.
257
Interview with Miki Nagata, supra note 228.
258
Id.
259
Interview with Antoinette Kinannder, supra note 254.
260
Id.
261
Id.
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2. Social Services: KAST (Buyer of Sexual Services), Counseling
Services for Buyers
Sweden provides voluntary counseling services to men who want to stop
buying prostitution.
262
Three counseling centers exist in Sweden.
263
KAST,
an acronym for the Swedish translation of Buyer of Sexual Services,
collaborates with the Stockholm Prostitution Unit. It is often directly after
arrest that buyers are most motivated to change their behavior.
264
A KAST
counselor accompanies the police on surveillance and during questioning.
After questioning, the buyer is encouraged to meet with the KAST
counselor confidentially and to receive counseling support for behavior
modification. KAST services are voluntary, so prostitution buyers have to
be motivated to change to pursue this service.
265
3. Law Enforcement: The Stockholm Prostitution Unit
Stockholm has the only law enforcement Prostitution Unit in Sweden.
266
Trafficking units, though, are located in multiple municipalities. Although
the law enforcement infrastructure is fairly simple, with only two detectives
compromising the Prostitution Unit, their collaboration with other units and
social services is extensive. The Prostitution Unit’s primary responsibility is
to arrest buyers. In Stockholm, between 200 and 300 buyers are arrested a
year.
267
The laws in Sweden reflect an understanding that prostitution industries
exploit both children and adults. If a man buys sexual access to a child
262
Interview with Johan Christiansson, KAST [Buyer of Sexual Services], in Stockholm,
Swed. (Dec. 11, 2013).
263
Wahlberg, supra note 189, at 6.
264
Interview with Johan Christiansson, supra note 262.
265
Id.
266
Interview with Zanna Tvilling & Simon Häggström, Law Enforcement Officers,
Stockholm Prostitution Unit, in Stockholm, Swed. (Jan. 29, 2013).
267
Id.
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under the age of 15, he faces prosecution for child rape.
268
If a man buys
sexual access to a child between 15 and 18, this is considered buying sex
from a child, resulting in a maximum sentence of two years
imprisonment.
269
If a man buys or attempts to buy sexual access to an adult,
he receives a minimum fine of 2,500 SEK (approximately $350 USD) and
faces up to one year of incarceration.
270
At the time of this author’s
interviews in Sweden, the highest fine assessed was 70,000 SEK
(approximately $10,000 USD).
271
Fines are assessed on a sliding scale
based on the buyer’s income. Most men are less concerned with the fine and
more concerned with whether prosecution will reveal their purchase of
prostitution to their family, the public, or their employer.
272
Trials for this
crime are public and well attended, so the majority of men admit to the
charged crime to avoid trial.
273
Of those who decide to go to trial, seven out
of 10 are convicted.
274
The unit deals predominantly with prostitution that takes place indoors,
such as in apartments and hotels. The officers interviewed note that, “Now
many men are writing on online forums are saying that hotels and
apartments [like the streets] are bad, too, because of the police.” Detective
Inspector Häggström, with Stockholm’s Prostitution Unit, noted, “It is as
easy to find hotel and apartment prostitution as street prostitution.”
275
The Prostitution Unit’s officers argue that the onus should not be on
survivors to educate the public about the violence that happens in
prostitution, as there are so many other witnesses to this exploitation.
276
268
Id.
269
Id.
270
Id.
271
Id.
272
Id.
273
Id.
274
Id.
275
Id.
276
Id.
Prostitution Policy 409
VOLUME 14 • ISSUE 2 • 2015
They argue it is everyone’s responsibility to change norms that glorify or
hide the reality of prostitution. The Swedish laws focus on supporting those
individuals for whom prostitution is an oppressive, traumatic, or violent
experience. As Detective Inspector Simon Häggström notes, “I have full
respect for the views and opinions of those that claim they are doing this of
their own volition, but they are the voice of a minority . . . . We need a law
that speaks to the majority who are oppressed. Not the unoppressed
minority.”
277
Though the pro-prostitution lobby asserts that women choose to be in
prostitution,
278
the law enforcement officers with Stockholm’s Prostitution
Unit stated that, in their experience, only two or three women out of 100
might say, “I want to be in prostitution.”
279
Most women instead shared
experiences of childhood abuse, single motherhood, and trauma; all of
which are coercive factors either facilitating their entrance into prostitution,
or preventing them from leaving.
280
The officers also stated that nine-tenths
of the women encountered were willing to provide statements against the
buyers.
281
Many of the women expressed resentment towards the buyers. It
can be argued that, since women under the Nordic model are not penalized
for prostitution, they have a far more equal relationship with police than
women under criminalization regimes. Women identified as victims in
prostitution are empowered to speak more fully about their experiences and
to know that they have protection under the law; they do not face
incarceration.
During an arrest, Detectives Zanna and Simon take the woman aside and
explain to her the Swedish laws. They tell women, “We are not here to
277
Id.
278
Id.
279
Id.
280
Id.
281
Id.
410 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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arrest you. We will not take your money. We are here to see that you are
okay because what this man is doing to you is illegal. In Sweden we don’t
accept that he can buy you.”
282
After collecting a statement, the police offer
connects the woman to the social services prostitution unit.
283
An assertion often made by the pro-prostitution lobby is that penalizing
demand makes prostitution more dangerous for women and forces them to
take bigger risks.
284
When women have a law’s support, and can see law
enforcement as a resource intended to ensure their safety, women are more
empowered to call the police when buyers or pimps are violent or abusive.
In Stockholm, women speak with one another about the Prostitution
Unit’s officers. Women have told Detectives Zanna and Simon, “We have
heard about you. We know that you are nice.”
285
Sometimes women call the
officers when they witness girls prostituted on the street or if they witness
violence against other women. According to the officers, in important ways,
women can act as the eyes and ears on the street and are enabled to
collaborate with the police to prevent the abuse and exploitation of
individuals in prostitution. Many women know that the police are there to
support them.
286
Thus, in Sweden, penalizing the demand for prostitution
has made conditions safer for women.
4. Law Enforcement: The Gothenburg Trafficking Unit
In Sweden, the trafficking units deal specifically with international
trafficking—their primary responsibility is to investigate and arrest pimps
and traffickers. Officers indicated that the Swedish buyers law is an
important tool used by law enforcement to combat organized crime. Law
282
Id.
283
Id.
284
AMNESTY INT’L, supra note 86, at 4.
285
Id.
286
Id.
Prostitution Policy 411
VOLUME 14 • ISSUE 2 • 2015
enforcement often traces traffickers through prostitution buyers.
287
Detective Mats Paulsson, in Västra Götaland County, states, “Before the
law the police didn’t really care about prostitution or pay much attention to
street prostitution. No one did anything because it wasn’t a crime, they
didn’t ask what was going on behind the scenes.”
288
Detective Paulsson’s
quotation comments on Sweden’s history prior to the Nordic model when
prostitution in Sweden was decriminalized. When the trafficking unit
conducts trainings, people are surprised that prostitution is so ruthless, that
there is so much money involved, that it is so easy to sell women and girls
in front of everyone, and that this exploitation has been going on for so
long.
289
Detectives have found that people are shocked by how violently and
exploitatively women in prostitution are treated and used.
290
When conducting a raid, the trafficking officers connect women to the
nearest social services prostitution unit. For example, trafficking officers
may contact the social services unit two weeks before a raid and ask that
safe houses be prepared for the number of women trafficked in the ring.
Inspectors with the human trafficking department will brief the social
services unit on the case and arrange with social workers to meet at the
police station on the day of the sting. After law enforcement speaks with
women trafficked in the ring, the social workers step in to offer women
support.
291
Many of those interviewed in the course of writing this article
stressed that the success of the Nordic model is dependent upon good
interagency cooperation.
292
287
Interview with Mats Paulsson, Police Inspector & Section Head of the Human
Trafficking Group, Västra Götaland County, in Gothenburg, Swed. (June 18, 2013).
288
Id.
289
Id.
290
Id.
291
Id.
292
Interview with Yvonne Karlsson, Social Worker, Gothenborg Prostitution Unit, in
Gothenborg, Swed. (Apr. 9, 2013); Interview with Mats Paulsson, supra note 287;
Interview with Miki Nagata, supra note 228.
412 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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III. SEATTLE'S APPROACH
Washington State is struggling to bring the illegal sex trade under
control.
293
According to Washington Senator Patty Murray, Washington is a
hub for human trafficking and recruitment because of its border with
Canada and its many ports.
294
In 2003, state lawmakers passed HB 1175,
which created two human trafficking crimes and Washington became the
first state in the United States to criminalize trafficking.
295
Three years later
in 2006, Washington became the second state in the nation to prohibit sex
tourism with the passage of SB 6731.
296
Senator Kohl-Welles led a
subsequent effort in 2007 that is especially noteworthy for the change in
language that accompanied legal action. Prior to 2007, a man who bought
sexual access to a child was subject to a charge of “patronizing a juvenile
prostitute”; language that effectively erased the child and replaced her or
him with the abstracted concept of a “juvenile prostitute.”
297
SB 5718
revised this language to provide a more accurate description of the crime:
commercial sexual abuse of a minor (CSAM).
298
SB 5718 also created four
new crimes pertaining to the sexual exploitation of children.
299
Legislators
at the state level were attempting to distinguish between voluntary
prostitution and the trafficking of child and adult victims.
300
In 2015, Kohl-
293
Sara Jean Green, ‘Buyer Beware:’ King County Taking Aim at Those Who Pay For
Sex, S
EATTLE TIMES (Oct. 15, 2014), http://blogs.seattletimes.com/today/2014/10/buyer-
beware-king-county-taking-aim-at-those-who-pay-for-sex/.
294
Email from Senator Patty Murray, US Senator from Wash., to Ane Mathieson (Sept.
15, 2011) (on file with author).
295
Jeanne Kohl-Welles, Testimony to Subcommittee on Human Resources of the
Committee on Ways and Means 6 (Feb. 19, 2014) available at
http://waysandmeans.house.gov/UploadedFiles/Senator_Kohl-
Welles_Testimony_HR021914.pdf.
296
Id.
297
Id. at 1.
298
Id.
299
Id. at 6.
300
Id.
Prostitution Policy 413
VOLUME 14 • ISSUE 2 • 2015
Welles introduced Senate Bill 5277, which focused on adults and would
change the crime of “patronizing a prostitute” from a misdemeanor to a
gross misdemeanor.
301
The bill attempted to increase the maximum penalty
from $1,000 and a 90-day jail sentence,
302
to $5,000 and up to a year of jail
time.
303
Organizations advocating against sex trafficking and working with
survivors of prostitution have supported SB 5277, although it did not
pass.
304
While the Washington State Legislature passed 33 anti-trafficking
bills between 2002 and 2013, prior to 2012, Seattle’s approach to
prostitution replicated a traditional, full-criminalization response to
prostitution.
305
The criminal justice system treated prostitution as a
victimless crime and, for the most part, ignored buyers; women in
prostitution were the primary targets for arrest and prosecution.
306
Although laws remain in place to fully criminalize all parties involved in
prostitution, a new narrative is emerging in Seattle. The King County
Prosecuting Attorney’s Office and the Seattle Police Department have
adopted new policies and tactics to address prostitution.
307
Seattle has not
eliminated existing, full-criminalization laws, but it enforces them
differently as a key component of a countywide initiative to shift the focus
of legal efforts onto the buyers who fund the sex industry.
308
The crime of
301
S.B. 5277, 2015 Leg., 64th Reg. Sess. (Wash. 2015).
302
WASH. REV. CODE § 9.02.030 (1982).
303
WASH. REV. CODE § 9.92.020 (2011).
304
OPS and SAS launched a petition encouraging people to sign on and call their
legislators in support of SB 5277. See Hold Sex Buyers Accountable,
https://actionsprout.io/B11C0B/initial (last visited Mar. 6, 2016).
305
David Kroman, To Reduce Prostitution Seattle Gets Experimental, CROSSCUT (May
27, 2015), http://crosscut.com/2015/05/to-reduce-prostitution-seattle-gets-experimental/.
306
Sarah Jean Green, Tougher Police Tactics Stinging Sex Buyers, SEATTLE TIMES (Oct.
15, 2014), http://www.seattletimes.com/seattle-news/tougher-police-tactics-stinging-sex-
buyers/.
307
Local Jurisdictions Join Together Launch New Approach to Reduce Demand for
Prostitution, K
ING COUNTY PROSECUTING ATT’YS OFFICE (Oct. 16, 2014),
http://www.kingcounty.gov/Prosecutor/news/2014/october/prostitution.aspx.
308
Id.
414 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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buying sex from an adult, per Washington law RCW 9A.88.110, remains a
simple misdemeanor with a maximum penalty of 90 days in jail.
309
Men
who buy or attempt to buy sex from a minor face a stronger, felony charge
of commercial sexual abuse of a minor (CSAM).
310
Those arrested for
pimping face felony charges. If convicted, they must register as sex
offenders.
311
Beginning in 2012, noticeable changes in local enforcement policy began
to reshape long established patterns of victim blaming and indifference.
312
Two years later, charges filed by the county against buyers outnumbered
charges filed against prostituted women.
313
Additionally, between 2013 and
2015, the King County Prosecutor's Office charged more than 140 men with
buying or trying to buy sex with children.
314
This represents a change from
previous years in which the number of charges filed against prostituted
minors was far greater than the number of charges filed against prostitution
sex buyers.
315
In January of 2015, at the request of the city attorney’s office,
the Seattle City Council unanimously voted to revise the language in the
city's criminal code describing the crime from “patronizing a prostitute” to
“sexual exploitation.”
316
Although the name was changed, the crime
309
WASH. REV. CODE § 9A.88.120 (1988).
310
WASH. REV. CODE § 9.68A.100 (1982); BRIAN BONLENDER, CRIMINAL PENALTY
FINES RELATED TO PROSTITUTION AND COMMERCIAL SEXUAL ABUSE OF MINORS 9
(2015), available at http://www.commerce.wa.gov/Documents/Commerce-Criminal-
Penalty-Fines-2015.pdf.
311
Green, supra note 293.
312
Kroman, supra note 305.
313
Id.
314
King Cty. Prosecuting Attorney’s Office, Minors Charged with Prostitution v. Men
Trying to Buy Sex from Minors,
FACEBOOK (FEB. 22, 2015, 5:30 PM),
https://www.facebook.com/kcprosecutor/photos/a.948779028476157.1073741828.94851
8318502228/1059132324107493/?type=3&theater.
315
Id.
316
Daniel Beekman, Crime of Buying Sex May Carry New Name and Bigger Penalty,
S
EATTLE TIMES (Jan. 11, 2015), http://www.seattletimes.com/seattle-news/crime-of-
buying-sex-may-carry-new-name-and-bigger-penalty/.
Prostitution Policy 415
VOLUME 14 • ISSUE 2 • 2015
remained a simple misdemeanor.
317
The shift represents an understanding
that the narrative around prostitution must reflect an understanding that
prostitution is a system in which the choice of buyers to exploit others for
sexual satisfaction harms individuals. Another key language shift is
reflected in the renaming of the Seattle Police Department’s Vice Unit to
the “Vice and High Risk Victims Unit.”
318
King County officials are taking part in a national, grant-funded program
called “The Cities Empowered Against Sexual Exploitation Network
(CEASE).”
319
“The CEASE Network is a collaboration of pioneering cities
committed to reducing sex-buying by 20 percent in two years.”
320
As one
of the collaborating CEASE cities, Seattle’s initiative to reduce demand is
“Buyer Beware.”
321
As part of the county’s “Buyer Beware” initiative, men
convicted of “sexual exploitation” must complete a 10-week intervention
course, as is mandated for domestic violence offenders.
322
The implications of law enforcement's shift in focus from those
prostituted to those demanding sexual access is that more criminal charges
are brought against those buying sexual access and or pimping adult women
and children. A report from the Washington State Department of Commerce
found in state fiscal year (SFY) 2015, law enforcement agencies in King
County were responsible for 88 percent of the arrests for patronizing a
prostitute in the state, and 82 percent of convictions.
323
Out of Washington
State’s 39 counties, King County courts also generated over two-thirds (67
317
Id.
318
Timothy Burgess, Changing Course on Prostituted Children, CITY VIEW (Dec. 21,
2010), http://timothyburgess.typepad.com/tim_burgess_city_view_/2010/12/changing-
course-on-prostituted-children.html.
319
Cities Empowered Against Sexual Exploitation, CEASE NETWORK,
http://www.ceasenetwork.org (last visited Sept. 22, 2015).
320
Id.
321
Green, supra note 293.
322
Beekman, supra note 316.
323
BONLENDER, supra note 310, at 9.
416 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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percent) of the convictions for promoting prostitution.
324
The City of Seattle
played a leading role in King County's efforts, accomplishing nearly 42
percent of all arrests statewide for patronizing a prostitute (96 out of 231
arrests).
325
To place these numbers in context, Seattle is home to roughly
nine percent of Washington's population.
326
The numbers reflect “an
expressed commitment from the Seattle Police Department to focus law
enforcement efforts on arresting the buyers of commercial sex, rather than
those being prostituted.”
327
Outside King County, the historical trends of
criminalization continue wherein far more prostituted individuals were
arrested and convicted than buyers or pimps.
328
In order to understand the shift that has taken place in Seattle, it is
necessary to examine the influence of non-profit and feminist organizations.
Survivors of the prostitution industry, feminist advocates and direct service
providers lead norm-changing efforts. Local nonprofits involved in this
effort include the Organization for Prostitution Survivors (OPS), Rare Coins
Ministries, Real Escape from the Sex Trade (REST), People of Color
Against AIDS Network (POCAAN), Seattle Against Slavery (SAS), and
Businesses Ending Slavery & Trafficking (BEST), among others. Many of
these organizations are collaborating with city officials to educate the public
about harms perpetrated by the local commercial sex industry.
329
For
instance, Town Hall Seattle has hosted panels about sex trafficking in
Seattle and the recent changes in prostitution policies, featuring presenters
from OPS, SAS, Stolen Youth, and BEST, as well as King County
324
Id. at 9.
325
Id. at 14
326
Id. at 14.
327
Id. at 14.
328
Id. at 9.
329
King Cty. Prosecuting Attorney’s Office, supra note 314.
Prostitution Policy 417
VOLUME 14 • ISSUE 2 • 2015
Prosecuting Attorney Dan Satterberg, King County Deputy Prosecutor Val
Richey, and Seattle City Attorney Pete Holmes.
330
Similar to the feminist mobilization that preceded legislative changes in
Sweden, a burgeoning grassroots feminist movement endorsing the Nordic
model is influencing the discourse about prostitution in Seattle. The
movement includes groups such as the Furies Collective, Fourth Wave
Feminists, the Seattle Feminist Book Club, and the Guerrilla Feminist Art
Collective. Since 2014, the Furies Collective, a grassroots feminist activist
group, has organized and contributed to several public presentations about
the Nordic model and how it compares to legalization and criminalization
models for prostitution.
331
In 2014, the Fourth Wave Feminists, a student
group at the University of Washington School of Social Work, hosted a talk
by Indigenous Women Against the Sex Industry (IWASI) member, Cherry
Smiley, and the founder of “formerly Exploited Voices now Educating
(EVE),” Trisha Baptie.
332
Cherry Smiley and Trisha Baptie discussed the
disproportionate exploitation of aboriginal women in the Canadian sex trade
and the recent changes to Canadian prostitution law, which the Nordic
model influenced.
333
In 2015, members of the Fourth Wave Feminists also
spoke about the prostitution industry at a Seattle University conference on
330
Dan Arkless & Pete Holmes et. al., Address at Seattle Town Hall: Sex Trafficking:
Changing a Culture of Demand (Jan. 26, 2015); Nature Carter & Jane Charles et.al.,
Address at Seattle Town Hall: Human Trafficking in Seattle and Abroad (Feb. 19, 2015).
331
Easton Branam & Ane Mathieson, Panel at Univ. of Wash. Sch. of Soc. Work: Where
Do We Go From Here: A Forum on Prostitution Policy, the Sex Lobby and Male
Accountability (Apr. 30, 2015); Easton Branam & Ane Mathieson, Address at the Nordic
Model of Prostitution: Improved Protections for the Exploited (May 6, 2014).
332
Trisha Baptie & Cherry Smiley, Panel at Univ. of Wash. Sch. of Soc. Work: For Our
Daughters and Granddaughters: Aboriginal Women and Girls and the Abolition of
Prostitution (Nov. 18, 2014).
333
Id.
418 SEATTLE JOURNAL FOR SOCIAL JUSTICE
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gender justice in February
334
and at a benefit for sexual assault survivors in
March.
335
The Seattle Feminist Book Club has screened documentaries and
read books that are critical of the sex industry and confront the concept of
prostitution as a matter of “choice,” “agency,” or “empowerment” for
women.
336
These grassroots organizations provide a counter narrative to the
advocacy in favor of decriminalizing prostitution promulgated by entities
such as the Sex Worker’s Outreach Project (SWOP)
337
and the Rose
Alliance.
338
Seattle’s free weekly newspaper, The Stranger, has consistently
published articles echoing the neoliberal notion that “sex workers” are
shrewd entrepreneurs successfully navigating a market economy.
339
This
334
Ane Mathieson & Anjilee Dodge, et al., Programs from Around the World, Address at
a Faceless Movement: Searching for a System that Promotes Empowerment Among All
Survivors of Gender Violence, Seattle University (Feb. 20, 2015).
335
Myani Gilbert, Address at Speak Against the Silence, the Shame, the Stigma: A
Benefit for Sexual Assault Survivors (Mar. 30, 2015).
336
On August 2, 2015, the Seattle Feminist Book Club (SFBC) watched “Hot Girls
Wanted,” a documentary about the amateur porn industry. On May 28, 2015, SFBC
discussed Pornland, a book that is critical of the sex industry, by Gail Dines. On April
30, 2015, SFBC attended a forum on prostitution policy, the sex lobby, and male
accountability. On November 18, 2014, SFBC attended the talk “For Our Daughters and
Granddaughters: Aboriginal Women and Girls & the Abolition of Prostitution.” On
September 28, 2014, SFBC watched and discussed “Buying Sex,” a documentary about
Canadian prostitution policy featuring EVE founder, Trisha Baptie. The author attended
all of these events. Past SFBC events are viewable at http://www.meetup.com/Seattle-
Feminist-Book-Club/events/past/?scroll=true#past.
337
“It is past time that we decriminalize the actions of consenting adults to focus our
time, resources and energy to address the important human rights and social issues
directly.” About, S
EX WORKERS OUTREACH PROJECT, http://swop-seattle.org/about/ (last
visited Sept. 22, 2015).
338
“Rose Alliance is opposed to any criminalization of sexual acts for remuneration that
take place between consenting, adult persons as well as the criminalization of third
parties.” R
OSE ALLIANCE, http://www.rosealliance.se/ (last visited Sept. 22, 2015).
339
Sydney Brownstone, Meet the Sex Workers Who Lawmakers Don’t Believe Exist, THE
STRANGER (Feb. 11, 2015),
http://www.thestranger.com/news/feature/2015/02/11/21689047/meet-the-sex-workers-
who-lawmakers-dont-believe-exist;
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VOLUME 14 • ISSUE 2 • 2015
selective support of neoliberal economics is inconsistent with The
Stranger’s otherwise critical stance on capitalism, exemplified by their
routine endorsement of socialist city council member, Kshama Sawant.
340
Recently, The Stranger published an article arguing that survivor-led and
feminist efforts that point out the harms of prostitution are comparable to
homophobia and racism.
341
Interestingly, this article mentioned the endemic
rape of Native American women by European colonizers.
342
The same issue
also featured an article about the shift in the Washington State public school
curriculum to incorporate tribal history.
343
The Stranger ignores the
disproportionate exploitation of Indigenous women in systems of
prostitution,
344
as it advocates for “sex work” as a vehicle for women’s
empowerment. While The Stranger publishes articles in favor of legalizing
the sex industry, feminist organizations and the city of Seattle have focused
on asking: do men have a right to buy sex?
OPS in particular has partnered with King County to increase recognition
of prostituted women as victims and to shift emphasis of prosecution efforts
Conner Habib, If You’re Against Sex Work, You’re a Bigot, THE STRANGER (June 24,
2015), http://www.thestranger.com/features/feature/2015/06/24/22436683/if-youre-
against-sex-work-youre-a-bigot; Cate McGehee, Camming Is Not Like Any Other Kind of
Sex Work, T
HE STRANGER (June 10, 2015),
http://www.thestranger.com/features/feature/2015/06/10/22360297/camming-is-not-like-
any-other-kind-of-sex-work.
340
The Stranger’s Endorsements for the August 2015 Primary Election!, THE STRANGER
(July 15, 2015), http://www.thestranger.com/news/feature/2015/07/15/22545709/the-
strangers-endorsements-for-the-august-2015-primary-election.
341
Habib, supra note 339.
342
Id.
343
Sydney Brownstone, Teaching Tribal History Is Finally Required in Washington
Public Schools, T
HE STRANGER (June 24, 2015),
http://www.thestranger.com/news/feature/2015/06/24/22438654/teaching-tribal-history-
is-finally-required-in-washington-public-schools.
344
A. PIERCE & S. KOEPPLINGER, NEW LANGUAGE, OLD PROBLEM: SEX TRAFFICKING
OF
AMERICAN INDIAN WOMEN AND CHILDREN, NATIONAL ONLINE RESOURCE CENTER
ON
VIOLENCE AGAINST WOMEN 3 (Oct. 2011), available at
http://www.vawnet.org/Assoc_Files_VAWnet/AR_NativeSexTrafficking.pdf.
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toward buyers and pimps instead of prostituted women.
345
OPS was
established by prostitution survivor, Noel Gomez, and pro-feminist activist,
Peter Qualliotine, in the spring of 2012 as a response to the acute lack of
services available to prostituted adults (as compared to minors).
346
OPS
quickly became a leader in the coordinated community response for a
victim-centered treatment approach for survivors in Seattle and elsewhere in
King County.
347
OPS is fostering committed, international collaboration as
well as strong community grassroots mobilization by partnering with local
city councils, universities, community members, and international
nonprofits to address the root causes of sexual exploitation.
348
Their mission
includes three focus areas: (1) survivor services: support group services,
peer mentoring, and empowerment-based advocacy to provide opportunities
for prostitution survivors to direct their healing and exiting process from
prostitution; (2) community education: raising awareness of the root causes
of prostitution, training service providers to serve survivors, and building
partnerships across services and systems; and (3) men’s accountability:
demand-reduction strategies, buyer intervention curricula, male ally and
accountability training and programming.
349
Notable among OPS’ various initiatives is their intensive 10-week
curriculum, “Stopping Sexual Exploitation: A Program for Men” (SSE).
SSE has three process-based goals: (1) reframe prostitution from a
“victimless crime” to a system of male violence against women, children,
and sometimes other men; (2) deconstruct male sexual identity and
345
Local Jurisdictions Join Together Launch New Approach to Reduce Demand for
Prostitution, supra note 307.
346
About Us, ORG. FOR PROSTITUTION SURVIVORS, http://seattleops.org/about-us/ (last
visited Sept. 22, 2015).
347
Organization for Prostitution Survivors, THE SEATTLE FOUND.,
http://www.seattlefoundation.org/npos/Pages/OrganizationforProstitutionSurvivors.aspx
(last visited Sept. 22, 2015).
348
Id.
349
Green, supra note 293.
Prostitution Policy 421
VOLUME 14 • ISSUE 2 • 2015
encourage the development of an alternative sexuality based on mutuality
and consent (not subordination); and (3) promote male accountability and
allyship
350
consciousness.
351
The program is a peer cohort comprised of men
arrested for sex buying (and consequently court mandated to attend), non-
sex buyers, and men who self-refer. Judges in several King County
jurisdictions have mandated attendance to SSE as a sentencing condition for
men convicted of prostitution-related charges, and Seattle will soon
implement this as a sentencing condition.
352
1. Survivor Services
Founded on a principal of recognizing prostituted women as victims of
abuse and exploitation, the Nordic model calls for the provision of
comprehensive social services to prostituted individuals. Seattle has echoed
this approach to a degree—arrested women are encouraged to seek services
as an alternative to jail time. However, non-profit organizations largely
provide the services to women, unlike in Sweden where public agencies are
responsible. Women who are arrested may receive referrals for shelters
(usually to the YWCA or REST) and rehab clinics from a survivor
advocate. Advocates also offer transportation, food, and clothing if
necessary at the time of an arrest. The primary organizations serving the
specific needs of prostitution survivors are OPS and REST. Both
organizations provide mentorship, support programs, therapeutic care, as
well as access to basic supplies, such as hygiene products, clothing, and
condoms. Therapeutic care includes weekly art workshops and yoga at
350
The Anti-Oppression Network defines allyship as “an active, consistent, and arduous
practice of unlearning and re-evaluating, in which a person of privilege seeks to operate
in solidarity with a marginalized group of people.” See Allyship, The Anti-Oppression
Network, http://theantioppressionnetwork.wordpress.com/allyship/ (last visited Mar. 5,
2016).
351
Stopping Sexual Exploitation, ORG. FOR PROSTITUTION SURVIVORS,
http://seattleops.org/stopping-sexual-exploitation/ (last visited Sept. 22, 2015).
352
Green, supra note 293.
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OPS.
353
REST also offers long-term residential housing (but limited to ages
18–24) and will soon have a 24-hour emergency shelter.
354
With the police and service organizations now collaborating to assist
prostituted women, more women are benefiting from these services.
However, the services available in Seattle pale in comparison to those in
Sweden, both in scope and cohesion. In Sweden, a woman may access
professional therapy, medical and gynecological care, housing and financial
help, and drug treatment referrals all from one service unit. All of these
services are offered free of charge. In order to appreciably alleviate the
economic, medical, and psychological conditions forcing women to return
to prostitution post-arrest, Seattle must expand and adequately fund
survivor services. Additionally, the city must develop measures to protect
survivors from any repercussions from pimps and traffickers if they decide
to exit prostitution. Many women face threats, stalking, abuse, or coercion
back into prostitution if they try to leave.
355
Since Seattle has recognized
prostituted women as victims of gender-based violence and exploitation,
rather than criminals, the city could adapt existing strategies supporting
victims of domestic violence (DV) to incorporate the needs of prostitution
survivors. It could also encourage increased collaboration between DV
services and prostitution/trafficking services, both of which are related
forms of violence against women.
356
353
Survivor Services, ORG. FOR PROSTITUTION SURVIVORS, http://seattleops.org/what-
we-do/survivor-services/ (last visited Mar. 24, 2016).
354
A Holistic End-to-End Approach Against the Sex Trade, REST,
http://iwantrest.com/services (last visited Sept. 22, 2015).
355
A study conducted by the Coalition Against Trafficking in Women found that 52
percent of the US women who were interviewed had difficulty leaving prostitution
because they were stalked, threatened, harassed, and physically abused by pimps. See
J
ANICE RAYMOND ET. AL., SEX TRAFFICKING OF WOMEN IN THE UNITED STATES 88
(2001), available at https://www.ncjrs.gov/pdffiles1/nij/grants/187774.pdf.
356
Men’s Accountability, ORG. FOR PROSTITUTION SURVIVORS,
http://seattleops.org/what-we-do/mens-accountability/ (last visited Sept. 22, 2015).
Prostitution Policy 423
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2. Law Enforcement & Criminal Justice
The Nordic model concurrently decriminalizes prostituted women while
providing robust social services coordinated across multiple sectors by the
social prostitution units. Although Seattle has seen a shift in policy and
perceptions, the emphasis remains on punitive measures with enforcement
of criminal codes used as an intervention opportunity by police.
357
Intervention opportunity means that when SPD arrests women, they can
choose to go to jail or talk with victim and survivor advocates either from
within the police department or from non-profit service providers.
358
No
official threshold exists for the number of arrests a woman requires to
trigger the filing of charges.
359
The city attorney’s 2013 policy states that all
prostituted women will receive the option of community court “unless
extraordinary circumstances exist.”
360
The policy also says all prostituted
individuals will receive a conditional dismissal regardless of their criminal
history.
361
Community court is for low-level offenses and offenders, who
often receive community service and classes instead of jail time.
362
It is important to note that a shift in enforcement practices is not
equivalent to the Nordic model. Seattle has not implemented the Nordic
model, although Sweden’s approach informs current practices. The Nordic
model explicitly decriminalizes those sold in prostitution, and law
enforcement is available as a resource for prostituted individuals to report
criminal activity such as pimping, trafficking, and abuse by buyers. In
Seattle, laws criminalizing prostituted women remain in place; prostitution
is a misdemeanor offense.
363
Following Seattle’s 2012 policy directive to
357
Kroman, supra note 305.
358
Id.
359
Id.
360
Id.
361
Id.
362
Id.
363
SEATTLE MUNI. CODE § 12A.10.020 (2012).
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target buyers instead of prostituted women, prosecution of prostituted
individuals dropped dramatically, from nearly 200 in 2011, to three in 2012,
and five in 2013.
364
However, in 2014, that number increased to 43 as the
city began using criminal laws as intervention opportunities to connect
prostituted women with social services.
365
While arrests of prostituted women are used to guide them toward victim
support services, the majority of punitive efforts are directed toward the
power holders—buyers and pimps—in the burgeoning local sex industry.
366
Unlike legalization/decriminalization models, which formally sanction
prostitution, or the traditional criminalization model, which tacitly condone
male access to prostituted women, Seattle and King County are actively
discouraging unfettered growth of the sex industry and the grey market
economy. Leaders in this effort include King County Prosecuting Attorney
Dan Satterberg, Assistant City Prosecutor Heidi Sargent, King County
Deputy Prosecutor Val Richey, and Seattle City Attorney Pete Holmes, all
of whom have advocated for enforcement tactics that hold men accountable
for fueling demand.
367
368
IV. CONCLUSION
Prostitution discourse in criminalization, decriminalization, and
legalization regimes focuses predominantly on women in prostitution; the
choices they make, the amount of money they earn, and the number of men
by which they have been purchased. Conversely, there is a significant gap
in research on the socio-demographics of those who buy prostitution sex,
364
Kroman, supra note 305.
365
Id.
366
Id.
367
Joanna Sappenfield, Sex trafficking survivors push for bill they say would help victims
start over, TVW (2016), http://www.tvw.org/blog/2016/01/sex-trafficking-survivors-
push-for-bill-they-say-would-help-victims-start-over/.
368
Local Jurisdictions Join Together Launch New Approach to Reduce Demand for
Prostitution, supra note 307.
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VOLUME 14 • ISSUE 2 • 2015
pimps, and brothel owners—including the choices they make, their earning
capacity, the number of women and children they have purchased, and their
marriage status. This imbalanced discourse ignores the significantly greater
freedom of choice exercised by male prostitution buyers, pimps, operators
of prostitution venues, and pro-prostitution governments. This imbalanced
scrutiny is striking when one considers that women and youth in
prostitution are usually from significantly lower socioeconomic
backgrounds,
369
are disproportionately women and youth from marginalized
ethnicities
370
and developing countries, and are women and youth with
predisposing vulnerabilities such as experiences of childhood sexual abuse
and homelessness.
371
The overwhelming majority of women and youth do
not have the option to leave prostitution or are under varying degrees of
coercion. The Nordic model has begun to internationally shift what has
been an imbalanced scrutiny of the degree of choice made by women to be
in prostitution to the rarely discussed motivations of, and power held by,
prostitution buyers, pimps, and brothel owners.
The reduction of prostitution discourse to a neoliberal debate about
“choice” distracts from the greater work that must be done to facilitate full
societal inclusion of women with the least amount of choices. Choice
debate detracts from the greater socioeconomic power held by the drivers of
the sex industry—men—and individualizes women’s experiences, removing
them from the context of structural injustice. If an honest job description
were written for prostitution, it would call for applicants living in society’s
most vulnerable and intersectional categories: the majority of individuals in
the sex industry entered as youth,
372
are women,
373
particularly women of
369
WALTMAN, supra note 23, at 452.
370
Id. at 452.
371
DERIVIERE, supra note 60, at 369–70.
372
WALTMAN, supra note 23, at 451.
373
Id.
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color,
374
women from the Global South,
375
and are disproportionately LGBT
youth.
376
In the United States, despite the criminalization of prostitution, the
commercial sex trade flourishes. Each US state is responsible for
developing policy and passing legislation addressing prostitution. Nearly all
US states criminalize prostitution entirely. Policies that criminalize both the
exploiter and those exploited by this industry have proven to be ineffective.
Criminalization of those sold in prostitution has proven to be an un-nuanced
policy that, rather than preventing the conscription of women and girls into
prostitution, has actually contributed to trapping them within it. As stated by
Catharine MacKinnon, “Criminal prostitution laws make women into
criminals for being victimized as women.”
377
Punishment of the prostituted
individual fails to acknowledge that conscription into prostitution is driven
by a combination of coercive factors. It is also a policy model that has come
to favor the pardon of prostitution exploiters, often erroneously perceived
by the criminal justice system as the victims in this industry. These
misunderstandings of the nature of prostitution and trafficking have further
entrenched this grey market industry.
A country dedicated to challenging exploitation and violence against
women must level the political and socioeconomic power between women
and men by facilitating women’s greater access to social goods such as the
labor market, education, housing, childcare, and financial support. Social
equality is neither advanced nor achieved in countries that implement
policies either normalizing prostitution through legalization/
374
Id. at 452.
375
Id.
376
WASH. STATEWIDE COORDINATING COMM. ON THE COMMERCIAL SEXUAL
EXPLOITATION OF CHILDREN, 2014 INITIAL REPORT TO THE LEGISLATURE 30 (2014),
available at http://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Home/News/
Press_Releases/2014/2014-CSEC-Committee-Report.pdf.
377
MACKINNON, supra note 50, at 152.
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decriminalization or which criminalize women for their own exploitation.
Rather than economically segregating women and girls in the sex industry,
it is the responsibility of the government and its social work systems to
facilitate women’s equal participation in the broader labor market. It is a
conflict of interest for the government to earn money off an industry that
stems from social inequality.
No country will fully address the issues of prostitution and trafficking
without the cooperation of an international community that shares a vision
for a world that views the lives of all humans as equally valuable. Sexual
exploitation is of concern to all nations, and it will require long-term,
transnational efforts to eradicate. Swedish politicians, shelter advocates,
social workers, activists, and law enforcement have implemented major
improvements to social policies supporting survivors of prostitution through
advocacy, and they have educated the Swedish public about the gendered
nature of prostitution. They have successfully moved the underground
violence perpetrated against women and children in the sex industry to the
forefront of Swedish politics. The success of these policies in reducing
prostitution and trafficking in Sweden has set new precedents for the
international community. This precedence has catalyzed Norway, Iceland,
South Korea, Ireland, France, Great Britain, and Scotland to make similar
policy changes. Washington State could be next to make a commitment to
ending the violence and exploitation inherent in prostitution.
A grassroots movement is underway in Washington State. Feminist
activists are advocating for legislative changes to current Washington
prostitution policies, for more informed services for prostitution survivors,
and for community education to change social norms. Those in Sweden
developing and implementing prostitution policies generously share their
work and knowledge. This knowledge could profoundly contribute to the
development of prostitution policy development in Washington State and
potentially the United States as a whole. Lasting impact on trafficking and
prostitution requires committed international networking and collaboration.
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Prostitution norms and the sizeable prostitution industry will not change
overnight. But, as demonstrated by Sweden, these changes are possible. By
making important changes at the policy level, forging international
alliances, organizing on a community level, and actively educating
communities, Washington State can begin to make advances in gender
equality similar to those achieved in Sweden.
