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。     

Perceptional foundations of deterrence: The case of prostitution

The authors conducted a survey to determine community perceptions about the certainty, celerity, and severity of punishment with regards to the crime of prostitution. A representative random sample of Mecklenburg County, which includes Charlotte, North Carolina, was taken and 850 individuals responded. The results revealed that (1) citizens perceive sanctions against prostitution violations as being applied only infrequently; (2) most respondents perceive the time from violation to arrest as being relatively short but slower as the offenders proceed through the system, and (3) the severity of punishment is not perceived as being harsh. The authors argue that the low likelihood of apprehension, both actual and perceived, plus the mild sanctions may partially account for prostitution’s continued survival.     

Analysis of prostitution in Japan

Before World War II, we witnessed the purification movement, on which Christian groups embarked as moral entrepreneurs. After the war, female groups took the initiative in a movement for anti‐prostitution law. The movement resulted in the enactment of the Prostitution Prevention Law in 1956, which made prostitution a punishable criminal offense. On the other hand, in the United States in the 1960s, some criminologists advocated the necessity of de‐criminalization of victimless crimes, one of which was prostitution. Some groups of feminists also insisted on the de‐criminalization of prostitution to emancipate women toward a freer and more liberated sexuality. New ideas regarding the control, or lack thereof, of prostitution were then introduced into Japan — a country where decriminalization was not realized in the dimension of criminal laws.

With its rapid economic growth, Japan became a consumer's society, in which the demand for prostitution increased. In response to this trend, more prostitutes committed financially compensated sexual acts in disguised brothels or in other various call‐girl systems. However, the total number of offenses of the Prostitution Prevention Law exposed by the police has decreased drastically during the past thirty years. In essence, we now see the de‐criminalization of prostitution in the practices of law enforcement agencies.     

Extent, trends, and perpetrators of prostitution-related homicide in the United States

Prostitute women have the highest homicide victimization rate of any set of women ever studied. We analyzed nine diverse homicide data sets to examine the extent, trends, and perpetrators of prostitution-related homicide in the United States. Most data sources substantially under-ascertained prostitute homicides. As estimated from a conservative capture-recapture analysis, 2.7% of female homicide victims in the United States between 1982 and 2000 were prostitutes. Frequencies of recorded prostitute and client homicides increased substantially in the late 1980s and early 1990s; nearly all of the few observed pimp homicides occurred before the late 1980s. These trends may be linked to the rise of crack cocaine use. Prostitutes were killed primarily by clients, clients were killed mainly by prostitutes, and pimps were killed predominantly by pimps. Another conservative estimate suggests that serial killers accounted for 35% of prostitute homicides. Proactive surveillance of, and evidence collection from, clients and prostitutes might enhance the investigation of prostitution-related homicide.     

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。     

The fight against human trafficking in the Amsterdam Red Light District

The Amsterdam Red Light District is famous for its sex-oriented businesses. Although prostitution was legalized in 2000, this did not end some of its criminal side effects, particularly the trafficking in women. In an effort to combat human trafficking in the district, the local authorities launched the Emergo project in 2007. The core of the project is a multi-agency approach in which the municipality, the police, the public prosecution service and the Tax and Customs Administration cooperate closely. In addition to improving the effectiveness of repressive action against criminal infrastructures, additional legislation such as the criminalization of clients is also considered necessary to compensate for the shortcomings of regulatory measures.     

The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation

International trafficking in humans for sexual exploitation is an economic activity driven by profit motives. Laws regarding commercial sex influence the profitability of trafficking and may thus affect the inflow of trafficking to a country. Using two recent sources of European cross country data we show that trafficking of persons for commercial sexual exploitation (as proxied by the data sets we are using) is least prevalent in countries where prostitution is illegal, most prevalent in countries where prostitution is legalized, and in between in those countries where prostitution is legal but procuring illegal. Case studies of two countries (Norway and Sweden) that have criminalized buying sex support the possibility of a causal link from harsher prostitution laws to reduced trafficking. Although the data do not allow us to infer robust causal inference, the results suggest that criminalizing procuring, or going further and criminalizing buying and/or selling sex, may reduce the amount of trafficking to a country.     

The existing tensions in the defining of human trafficking at a UK and international level: a critical overview

Human trafficking is an ancient trade that took several forms over the centuries, from full blown state-perpetrated slavery through to illegal exploitative employment of migrants in the sex and other labor industries. At the start of the twenty-first century, a new definition of human trafficking was produced by the United Nations, within which are contained terms such as “coercion,” “deception,” “abuse of power” and “consent.” While the definition itself has largely been agreed upon, deep divisions – about the interpretation of those terms within the definition – continue to polarize the views of antagonizing political and feminist lobbying groups. The agreement on the definition seems to have served little in ironing the differences and the debates continue to be fuelled. In this article, the author elaborates on the tensions that surround the interpretation of the definition and argues that the main group to have fallen victim to the relevant yet inept international and individual state regulations is the trafficked people, while the traffickers tend to largely escape punishment. Rectifying the situation can be extremely challenging and requires sustained and large scale multinational collaborative work. So far, only little is being done to address the problem and the expectation is that it will become significantly worse before it eventually gets better.     

The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands

In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper critically assesses the logic of a position that argues that human trafficking is reduced when actors in the legalized prostitution sector are made responsible for what happens on their premises (using licensing conditions). This idea is confronted with empirical evidence about the Netherlands in general and the city of Amsterdam in particular. Furthermore, the paper addresses two questions. What are consequences of the regularization of prostitution for the criminal investigation and prosecution of sex trafficking? How do criminal justice agencies collaborate with regulatory authorities in the regulated and non-regulated sectors of the prostitution market? The main conclusion is that the screening of brothel owners and the monitoring of the compliance of licensing conditions do not create levels of transparency that enable sex trafficking to be exposed. The prostitution business retains many characteristics of an illegitimate market and the legalization and regulation of the prostitution sector has not driven out organized crime. On the contrary, fighting sex trafficking using the criminal justice system may even be harder in the legalized prostitution sector.     

Teenage prostitution and the future of the female adolescent in Nigeria

Nigeria has a large number of adolescents living and making a living on the streets. This has been attributed to economic factors and exposure to all forms of risks. The result is the proliferation of prostitution among the adolescents with its attendant problems. This article considers the different forms of adolescent prostitutes: those in brothels, street walkers, call girls, and casual, part-time, or floating prostitutes, as well as the trafficking of adolescent girls across international borders. The causes of adolescent prostitution in Nigeria are largely economic, sociological, and socioeconomic factors. A two-dimensional approach was adopted in considering the attitude to prostitution. Coping mechanisms include endurance, self-medication, seeking medical attention, and adaptation. The effects of prostitution are psychological reactions, psychosocial damage, and the political implication, which damages the image of the nation. Approaches to combat adolescent prostitution in Nigeria include legislative steps, governmental efforts, policy making, awareness programs, and the efforts of nongovernmental organizations, community conscientization, and societal measures.     

Estimates of a Model of Male Participation in the Market for Female Heterosexual Prostitution Services

In this paper a simple model is presented that considers the factors influencing male decisions concerning whether or not to consume, at the margin, female prostitution services. Data from an extensively piloted and sophisticated national survey of sexual attitudes and lifestyles were used to test the predictions. Health risks of consumption, religious denomination and factors signalling variations in inherent risk disposition are shown to explain consumption of such services.     

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。     

Labour of love: Female juvenile prostitution in the Netherlands

Summary

Although the number of young prostitutes increases, little systematic research has been undertaken to gain more insight into the trafficking of these young women. The main object of the present study was to describe the processes (that is, grooming, incorporation, and maintenance) that underlie the trafficking of young women for prostitution. Police records of 16 adolescent prostitutes were analysed. Results show that these prostitutes were recruited by so-called ‘lover boys’ who applied various seduction techniques to make the vulnerable young women fall in love with them. In general, the young women were incorporated into prostitution by means of physical violence. To protect and secure their income and organization, the pimps used a wide range of power and control tactics, of which the use of physical violence can be considered the most effective.     

Client-Inflicted Violence and Coping Strategies Among Sex Workers in China

To date, very little research has focused on violence inflicted by clients on women working in the sex industry in China. This article examines the nature and extent of client-inflicted violence against sex workers in China and analyzes the coping strategies employed by the victims. It argues that violence is an integral part of sex work. Indoor sex workers are subject to more violence and harassment than their outdoor counterparts, mainly on account of the nature of the sex services provided. The article contends that the criminalization of prostitution places women in a vulnerable position and advocates decriminalization of prostitution to promote health and human rights for disadvantaged women in the sex industry.