Beyond Decriminalization: Sex-work, Human Rights and a New ...

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PIVOT LEGAL SOCIETYboth legal and illegal services as one of constant fear of reprisal by City Officials who can penalizethem at any time for engaging in prostitution. Also they stated that they are unable to seek protectionof their legal rights. One sex worker stated:A. Yet y’know, we jump through the hoops that we have to jump through, to – to keep itall there. And it all could all be pulled out from underneath me.- female off-street in-call sex workerSome sex workers felt intimidated by the threat of officials enforcing municipal licensing schemes.When asked about how she felt about the by-laws, one sex worker said:A. Well mostly fear and intimidation, I mean you constantly feel like you’re beingwatched. And I don’t know, I’m not all that prone to paranoia, but there just seems tobe [sighs], oh dear. That, that’s the biggest thing, I think people are always worried,when are they going to be the next target, and it’s uncomfortable to say the veryleast. And it’s also, you know, there are some people that are you know, pretty, prettyupfront with their families about what they do, and they still wouldn’t want to goand stick their neck out and say anything to the media, lest they be the next target.And it’s kind of an ongoing thing . . . .- female off-street out-call sex workerAll sex workers operating in licensed businesses felt they had fewer rights than other workers, andwere less able than other workers to seek protection of their rights:A. But as we don’t still have the same civil rights that you do, as any other businessowner. Yes, it used to be very confrontational, and they would come do ID checks.A. Yeah, so I mean, it’s – it’s a house of cards, I am always, I realize the frailty of thelicensing system, from which I work. It can be revoked at any time. And I really – Ireally don’t have a lot of rights.- female off-street in-call sex workersOne owner/sex worker talked about how seldom people working in the sex industry will mobilize andspeak out against abuses:A. They’re not the type of stuff – the type of stuff that takes people over the edge – is thetype of the stuff that happened in [name omitted] where your – y’know, where youhave to let the owner go perform oral sex on you on a regular basis, to hold your job.And – and y’know, he’s just nasty, dirty, degrading, disgusting, piece of shit humanbeing that’s the type of thing to – to get people in this industry to mobilize.- female massage parlour owner, former sex workerSuch a system allows municipalities to control and profit from sex industry businesses while simultaneouslymaintaining the façade that they do not know what takes place inside them.All sex workers who work in licensed establishments described the way that they must pretendthey are not providing sexual services even though they are certain the municipality knows that theyare. Sex workers believed that municipal authorities are well aware that they license and profit fromprostitution. Indeed, some sex workers suggested that municipalities are living on the avails of prostitutioncontrary to s. 212 of the Criminal Code. 69 The opinions of sex workers clearly showed that theneed to conceal their real work creates barriers to their accessing health, safety, civil and human rightsprotections while they work. Several sex workers commented:69 Supra note 1.46
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformA. Well, basically the city says that they don’t license the act, they only license the introduction. . . . And that’s their pretext and that’s what they are going on.A. They’re turning a blind eye to what’s going on . . . .A. They’re allowing . . . agencies to book the calls and send the girls to the calls, but theyrefuse to admit that they’re actually turning tricks or doing prostitution . . . .A. They think we are going to the opera . . . . I don’t think I’ve been taken to the opera,but hey.- female off-street out-call sex workersSome sex workers said that they are put in the position of being solely responsible for what occurson the job because their work is illegal. As a result, they felt they had little recourse when theyare assaulted during the course of their work. Many sex workers stated that on-site managementpersonnel offer no protection or help:A. The management doesn’t help out much here though or at all when a guy is rough. Ihave to go back into the room or I am not getting paid even if the guy is too roughwith me.- female off-street in-call sex workerA. You know I am really disappointed because the boss when you are in the room youare on your own. You can scream or whatever. You know. Well, whatever. He is sostrong, he is so big how can I. You know, I was screaming but nobody hear . . . .That’s why I left there.- female off-street in-call sex workerAlso, the sex workers we interviewed said that they would rarely, if ever, report violence to police.Sex workers asserted that the current licensing scheme does nothing to enhance their safety and security.One sex worker challenged the idea that the current licensing scheme is designed to protect sexworkers, and felt that it is not fulfilling that objective:A. I don’t think it [licensing] adds to your safety any. I mean, I’ve never known anygirl that had a license and phoned the police and said “Oh my God, there’s a stalkerguy after me . . . or this guy tried to beat me up” or something . . . they just basicallylaugh at you and say, you know, “Who cares?. That’s the line of work you’re in. Toobad.” But then they sit there and put your name in the database and say “yeah, weshould arrest her soon, you know.” I’m sorry if I see it in kind of a one-sided light butthe way they treat the women here, it’s bad. No one deserves to be killed, and no one. . . you know, you should be able to go to the police for help. You shouldn’t have tohide and fear the police all the time because they’re the enemy and not the client, youknow, because they’re the ones who are going to say “too bad if we find your body . . .your type of people . . . in dumpsters all the time”- female off-street out-call sex workerSex workers suggested that the current licensing requirement that employers maintain extensiverecords of who works for them is an invasion of privacy:Q. What about maintaining records? Some of the by-laws say that in a massage parlourthe massage parlour has to maintain records of all their employees with their name .A. Yeah, they have that now, and I don’t like it. I thought of going in there andsnatching my record out of there . . . . Yeah, I don’t like that right now. Because it’s sointrusive. All my information it’s in there. My social security number, where I live.I don’t trust like the girls that I work with, they can get to that information. I have47
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