Prostitution

Abstract

In the recent literature on prostitution, there has been a focus on HIV which has tended to exclude discussion of the physical and sexual violence which precedes and which is intrinsic to prostitution. The literature of two time periods (1980-84 and 1992-1996) is critically reviewed in order to describe this trend.

The normalization of prostitution in the medical and social sciences literature, the tendency to blame the victim of sexual exploitation, and the ways in which racism and poverty are an inextricable part of prostitution are discussed here. The social invisibility of prostitution, needs of women escaping prostitution, and an overview of recent criminal justice responses to prostitution are summarized.     

对治理卖淫嫖娼的思考

卖淫嫖娼现象是我国改革开放后整治的重点，公安部门不断惩治、打击，但收效甚微，专项行动过后，性服务业又“蓬勃”发展。这些都使我们不得不对卖淫嫖娼现象进行思考。在现阶段的中国，卖淫嫖娼现象还包括以卖淫嫖娼为中心内容的其他伴生物，已经形成了不同层次、供给不同需求的颇具规模的“地下性产业”。从不同于社会常识形态的角度出发，卖淫嫖娟现象实质上走一种“灵肉分离”，人们对卖淫嫖娼的态度取决于对待灵肉分离的态度。而处在这种现象之中的“从业者”，即卖淫者的身份和性质，是与一般的雇佣劳动者毫无异处的。     

How to Argue About Prostitution

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.     

Prostitution policy and the women's movement

Feminists have consistently viewed prostitution as a social problem and opposed state regulated or legalized prostitution. However, feminists in different eras have taken conflicting policy stands on the problem. Progressive era feminists and their organizations supported severe state suppression of prostitution. In contrast, contemporary feminist groups join prostitutes in support of decriminalization. Through historical analysis that compares feminist thought and organization of the two eras, this paper offers an explanation of this contradiction in policy positions based on shifts in feminist thought about the role of the state, particularly criminal sanctions, in addressing prostitution, and changes in the organizing strategies of feminists. The paper also offers important insights to contemporary feminists contemplating policy stands which rely on legal sanctions as a strategy and facilitate alliances with moral crusaders to redress social problems.     

Prostitution control in America: Rethinking public policy

In the past two decades there has been little critical examination of the prevailing methods of controlling prostitution in the United States. This article examines selected problems in the control of prostitution in the United States and critically assesses three major alternatives to the prevailing policy of criminalization. Alternative approaches are evaluated using the criteria of public preferences, efficient use of criminal justice resources, and harm reduction. One policy, involving a dualistic approach, is found to be superior in satisfying these criteria. This revised version was published online in July 2006 with corrections to the Cover Date.     

论卖淫票娼行为的构成与认定

卖淫嫖娼行为,是指不特定男女之间以金钱财物为媒介发生的不正当的性行为。它包括卖淫嫖娼行为的客体、客观方面、主体和主观方面等四个要件。认定卖淫嫖娼行为,也就综合从行为的客体、客观方面、主体和主观方面等四个方面进行。     

Eastern Prostitution from Russia to Sweden and Finland

Trafficking is a relatively new phenomenon in the research agenda on organized crime. In this article the spread of the phenomenon in Scandinavia is described and discussed. Special attention has been given to Russian-organized prostitution in the Tornio Valley (the borderarea between northern Finland and northern Sweden). The data for the article consist of observations at special 'deposit-sites' in Finland and interviews with the authorities concerned (police, customs, social services, Center for Disease Control (CDC), etc.) in Sweden, and also newspaper articles that have reported on the phenomenon. The methological projection of the article is exploratory in character with the purpose of describing the phenomenon, rather than being able to explain it. The results show that there is an organized trade in women in the Tornio Valley (set rendezvous points, pick-up sites, transport via Russian-registered minivans etc). Despite this the phenomenon cannot be tied conclusively to Russian-organized crime. One conclusion is that further research on this phenomenon should gather information from the Russian authorities and from the prostitutes themselves.     

Young People and Prostitution: Perpetrators in Our Midst

Involvement of young people in prostitution has been an increasingly familiar phenomenon in recent years. This article explores some of the matters related to it during those years. First, it reviews what has been happening during the 1990s. Second, it demonstrates, via a recent case study, some of the issues, debates and controversies that are related to youth prostitution. Third, it examines the latest developments in the United Kingdom before considering some of the international developments and implications for those involved in youth prostitution. Finally, some of the effects of 'new technologies' are considered while contemplating what remains to be done about the battle to combat youth prostitution.     

Prostitution,criminal law and morality in the Netherlands

In 1911 a new public morality act was enacted in the Netherlands. Article 250bis of the penal code states that it is forbidden to give opportunity for prostitution. This so called article on brothelkeeping was the result of growing pressure of a coalition between christian puritans, socialists and feminists at the end of the nineteenth century. In the nineteeneighties the government has proposed to scratch this general prohibition of brothelkeeping. This proposal results from another coalition, this time between feminists and bureaucratic powers. This change in the public debate on prostitution, and especially the influence of feminism, is analysed from a moral point of view. The Dutch prostitution issue is seen as a case of postmodern morality, that is to say as a result of bureaucratic needs for regulation and subjective experiences of the persons involved.     

The Fine Art of Regulated Tolerance: Prostitution in Amsterdam

I explore the idiosyncrasies of Dutch policy with regard to prostitution, placing them in the broader framework of criminal justice and policy debates in general. More especially, I shall be looking at recent developments towards, on the one hand, legalization of prostitution, and on the other a crackdown by the (criminal justice) authorities on the organized criminal networks that would appear to have gained the upper hand in Amsterdam's red-light district.     

论引诱、容留、介绍卖淫的行为

《治安管理处罚法》第六十七条规定了引诱、容留、介绍卖淫的行为,正确理解其客观表现形式,解决认定中的棘手和难点问题,对正确区分违法与不违法、违法与犯罪有着重要意义。     

Converging on Empathy: Perspectives on Baltimore City's Specialized Prostitution Diversion Program

This article explores perceptions of 17 women currently or formerly engaged in prostitution regarding Baltimore City's Specialized Prostitution Diversion program. Findings indicate that most perceive the program positively because they are in desperate need of services and because they hope it augurs the readiness of the criminal justice system to understand what leads them to engage in prostitution. Their desire to be treated like “human beings” in need of assistance, which undergirds requests for concrete services, reveals gendered understandings of responsibility and dependence that are compatible with problem-solving models of justice. It is therefore likely to resonate with criminal justice stakeholders.     

关于查禁卖淫嫖娼活动的立法、执法思考

当前卖淫嫖娼屡禁不止,究其原因与公安机关对卖淫嫖娼活动打击不力有很大关系,具体表现为 对卖淫嫖娼人的处罚以罚款为主,拘留处罚、收容教养的比例比较低、劳动教养处理的少之又少。 为此,应完善立法,提高罚款幅度,取消对卖淫嫖娼人员的警告处罚规定,进一步明确收容教育的 条件,限制公安机关的自由裁量权。在现行的法律框架下,应完善公安信息系统,重视已查处卖 淫嫖娼人员的信息收集与加工利用;加大对嫖娼人员的处罚力度,铲除买方市场;规范《治安管理 处罚裁决书》的送达,动员社会力量,共同参与对卖淫嫖娼活动的治理。     

从英国经验看我国卖淫刑事政策的变革

上世纪末以来，英国在考察欧洲其他国家相关制度的基础上，对本国的卖淫法律制度进行全面审查，并开始变革卖淫刑事政策。在我国，卖淫的刑事政策在近十余年里遭到社会学者和犯罪学者的批评。从权利保护的价值观以及刑事政策的有效性等角度出发，可以借鉴英国变革的经验，对我国的卖淫刑事政策进行反省和变革。     

Trafficking in Women for Prostitution in Israel: A Follow‐up Analysis

Abstract: Israel has been criticized by the UN, USA, and international organizations for turning a “blind eye'’ to human trafficking within its borders. In response, the Parliamentary Committee of Inquiry on Trafficking in Women (2005) outlined a four‐year multi‐ agency response. Israel's anti‐trafficking policy now pursues a coordinated effort across the Ministry of Public Security, Justice Ministry, Judiciary, Ministries of Welfare, Health and Interior, and the Foreign Ministry. Israel no longer turns a “blind eye'’ to trafficking in women for prostitution.     

The Attitudes Toward Prostitution Scale: preliminary report on its development and use

The Attitudes Toward Prostitution Scale (ATPS) assesses the beliefs of men who purchase sex from prostitutes. Items for the ATPS were administered to a U.S. multisite sample of 1,001 men who had been arrested for soliciting an undercover police officer and subsequently referred to a psychoeducational program. Principal axis factor analysis was conducted, and it yielded three valid factors: Social/Legal Support of Prostitution, Beliefs About Prostitutes, and Family Values Related to Prostitution. Scale-item reliability was assessed with Cronbach's alpha on a second independent sample of 74 men, which offered data to support ATPS internal consistency and reliability. Based on these results, scale scores were standardized for practical use in research and clinical applications, and interpretation norms were established for a population of men who buy sex. A brief case example illustrates the practical use of the ATPS for assessment and intervention planning for customers of sex workers.