To expand on the issue of prostitution from the previous post:
There are strong reactionary forces working against prostitution, and with it both the individual’s right to make his or her own choices and a natural and de-mystified view of sex. To make matters worse, these forces often have a strong misogynist streak in that women are considered incapable of making sexual and life-style choices the way men do. In addition to countries like the USA with its long-standing outdated take on the issues, some countries that once were more enlightened are getting lost. Sweden, in the clutches of gender-feminism and feminist populism has already banned prostitution (however, irrationally and absurdly, only for the customers). The French are currently considering a ban modeled on the Swedish. Germany might be next: Shortly before the current proposal Alice Schwarzer (the hands-down best known feminist in Germany, rather extreme in her opinions) and her magazine “Emma” made head-lines with their call for a ban.
Looking more in detail at the proposal, it seems fairly innocuous and may well be well-intended; however, as already stated, it could easily be the first step for a ban. Practical problems include that the customers are put in an unduly problematic situation and that the effectivity is disputable with regard to the claimed goal of reducing involuntary prostitution. (Certainly, a better solution would be to increase transparency by changing perceptions around prostitution and making it more like an ordinary occupation in terms of what goes on around it.) Two quotes from a German articlee:
“Es gibt eine Reihe von Indizien, die für Zwangsprostitution sprechen”, sagt Anna Hellmann von der Frauenrechtsorganisation “Terre des Femmes”. Klare Merkmale seien Minderjährigkeit, Anzeichen von Gewalt oder der Aufenthalt der Frauen in verschlossenen Räumen. “Auch die Bitte der Frau, das Handy des Freiers nutzen zu dürfen, ist ein alarmierendes Zeichen dafür, dass sie in erzwungener Isolation lebt.”
(“There are a number of indications for forced prostitution”, says Anna Hellman of the women’s rights organization “Terre des Femmes”. Clear characteristics are under-age[iness], signs of violence or the women’s staying in closed off premises [depending on intent, possibly “rooms”]. “The request of the woman to use the cell phone of the customer is an alarming sign of her living in forced isolation”)
(I note that the proportion of male prostitutes is comparatively high, contrary to the impression given by the quote and common anti-prostitution propaganda. Further, that female customers certainly do occur, even if more rarely. Strictly for simplicity, I match the quote in terms of pronouns below.)
Now, if these are criteria that would make a customer (at least negligibly) liable, a number of problems arise: How does he now that the woman is under-age? There is a great variety in looks of women of various ages and she is highly unlikely to answer even a direct question honestly. (As a case in point, I recently watched the German sit-com “Türkisch für Anfänger”. I originally thought that the main female protagonist was around 13. She turned out to be 16—and played by an actress aged 19…) Detecting that premisses are closed off need not be trivial and there can be other quite plausible explanations, including the natural characteristics of the building or measures for the protection of the women. A request to use a cell-phone is also at best a vague indication (absolutely not “alarming”), e.g. because her own cell-phone batteries could legitimately have run out. This not to mention the fact that there are ways to enforce compliance in non-obvious manners, e.g. by threatening violence, keeping passports hostage, or giving women with a poor knowledge of German and Germany faulty information about legal consequences—and the proposed law would be entirely useless in these cases.
When push comes to shove, the customer is stepping on a mine-field where he cannot have certainty and may make himself criminally liable even when acting entirely in good faith.
Grünen-Fraktionsvize Ekin Deligöz bezeichnete die angestrebten Reformen als unzureichend: “Der Opferschutz fehlt völlig”, sagte sie den “Ruhr Nachrichten”. Wenn man den Zwangsprostituierten wirklich helfen wollte, müsse man ihnen “die Möglichkeit eines Neustarts in Deutschland geben, mit Aufenthaltsrecht und Arbeitserlaubnis”.
([The Green Party’s second-in-command in parliament] Ekin Deligöz called the targetted reforms unsufficent: “There is a complete absense of victim protection”, she told [regional German paper]. To really help those forced to prostitution, it is necessary to give them “the possibility to start over in Germany, with visum [approx.] and working permit”.
Combined with other claims/quotes in the article, I am left with the impression that many already see the proposed reform as swing-and-a-miss in terms of actually bettering the situation of the prostitutes—as do I.
In addition, it pays to bear in mind that increasing what is considered criminal in cases like these often have the effect of increasing the influence of criminals on the business and making transactions take place in greater secrecy—but not actually reducing business to a considerable extent. Many fear that this happened with Sweden and prostitution after the ban; it was definitely the case with the U.S. prohibition.
To somewhat counter-act this nonsense, I am changing my blogroll by adding a link to http://sexwork-deutschland.de/?page_id=85e—a call for a more constructive take on prostitution from a German interest organisation for sex workers. Specific points include a rejection of legal bans/increased government intervention and promotion of the status of prostitutes.