1 Regulating Sex Work Adrienne D. Davis VERY ROUGH DRAFT ...

diversity of workplaces. Within these, regulation against both danger and degradation
take very different forms, according to the workplace. It is unclear that the mere fact of
recognizing sex as labor will yield the regulatory effects advocates envision. In addition,
as the next Section shows, not only are there a diversity of workplaces, but there are also
a Sex workplaces differ not only from many other workplaces, but also from each other.
The next Section explores both the diversity of sex workplaces, and the distinctive
challenges of regulating them, in order to contemplate whether and how sex workplaces
could be more effectively regulated in order to ameliorate both danger and degradation.
Within this, the particular manifestations of sex workplaces may not fit seamlessly.
III.PROFESSIONAL SEX: A NEW MODE OF WORK
“[J]ust what is so unique about sex-work?” 184
Determining the status of prostitution is complicated. While some countries
completely criminalize prostitution, in most sex work has some sort of legally liminal
status, in which aspects of it are criminalized and others are not. 185 Importantly, many
jurisdictions differentiate between prostitution itself, i.e., selling sex, brothels, or
operating an establishment in which prostitution occurs, and “pimping,” defined
variously as “assistance” or “living off the earnings of prostitution,” "controlling
prostitution for gain,” or “exploitative” or “coercive” behavior. 186 In one study, of 100
countries surveyed, thirty-eight currently completely criminalize prostitution. 187 In every
country that criminalizes prostitution, brothel ownership and pimping likewise are
illegal. 188 Liability and penalties vary by country, and, within some countries, by
jurisdiction. 189 In [where should Nicaragua go in this paragraph???] seven countries
184 Tinsman, supra note [x].
185 Procon.org is a website that surveyed 100 countries, seeking to be “inclusive of major religions,
geographical regions, and policies towards prostitution."
http://prostitution.procon.org/view.resource.php?resourceID=000772 See also [let’s add some other
sources/cites with parentheticals; maybe some human rights and/or ngo’s?]. Germany exemplifies how
difficult it can be to discern the status of prostitution. Some set Germany’s legalization date at 1927, when
the country passed its Law for Combating Venereal Diseases. Others though insist that the relevant date is
the 2002 passage of the Prostitution Act because prior to that, although prostitution was legal under the
German Constitution, both regulations and court decisions restricted the legal and social welfare rights of
prostitutes because prostitution was considered in violation of Germany's moral code. [add the relevant
cites to Germany.]
186 [add cites to these quotations]. See also [add cite] (defining pimping as "lives wholly or in part on the
avails of prostitution of another person."). Rationales differ. Some jurisdictions target brothels and
pimping to prevent “organized” prostitution. Others [add other rationales].
187 [add cite to procon website]. These include China, Egypt, India, both North and South Korea, Jamaica,
Afghanistan, Slovenia and Romania, and Kenya and South Africa.] [eventually we’ll need to add cites to
the countries themselves, but not right now].
188 In China prostitution is criminalized “as a social practice that abrogates the inherent rights of women to
personhood.” (Taiwan, on the other hand, legalized prostitution in 2009.) [add other examples of
rationales].
189 In Egypt, the penalty for prostitutes is 3-36 months in prison and/or a fine. In Iran, prostitutes can be
imprisoned, lashed, or executed by stoning; brothel owners can be imprisoned for up to ten years, and
customers also face criminal penalties. [can you find some other examples apart from Egypt and Iran that
demonstrate the array of penalties?] Some countries impose only fines [add examples?] Some countries
33