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

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

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BEYOND DECRIMINALIZATION: <strong>Sex</strong> Work, <strong>Human</strong> <strong>Rights</strong> <strong>and</strong> a <strong>New</strong> Frame<strong>work</strong> for Law Reform<strong>and</strong> they used to lay criminal charges. Now, they’re only laying criminal charges, Ithink, if they have enough fines. But you know, there might be a big sweep comingup. The way everyone I talk to says that there’s a sweep coming up. I mean, the bylawcould just be laying the ground<strong>work</strong>, is what we think. And then they’re gonnacome in <strong>and</strong> do such a big shut-down, put it all over the news, you know. “MassagePlace is Busted” “Women Offering Prostitution” . . . blah, blah, blah. What happensis, you see, when these women get busted, they lose their licenses <strong>and</strong> then they all endup <strong>work</strong>ing the streets at Forest Lawn, right. But this is what happens, because nowyou can’t <strong>work</strong> safely inside, you cannot get a city of Calgary license. So now you haveto go <strong>work</strong> on the street <strong>and</strong> there’s all these crazies out on the street <strong>and</strong> women arebeing murdered all the time. And so the law forces you into an unsafe situation. It’sbad, it’s just not a safe law . . . . And I thought, what a pathetic life you live. Like,this is your big thing in life, these are the big criminals, you’re catching a bunch ofwomen who are just trying to make a living <strong>and</strong> pay for their food <strong>and</strong> stuff? It’s sick.- female off-street out-call sex <strong>work</strong>er<strong>Sex</strong> <strong>work</strong>ers reported that enforcement patterns vary widely in different cities. In Vancouver, for example,there is very little enforcement of massage, body rub, escort service, <strong>and</strong> health enhancement centre by laws.When enforcement does occur, it is largely complaint driven. Two in-call <strong>work</strong>ers recounted their experiencesthis way:Q. And do you have any trouble with enforcement? Do the police ever come aroundsniffing or questioning or anything like that?A. Well if they have they haven’t announced who they are. No one has come around in auniform <strong>and</strong> asked me anything or banged on my door or anything, so if they’ve comearound posing as a client I have no idea. There’s been the odd time when I’ve interviewedsomeone <strong>and</strong> I’ve kind of felt, “I wonder,” but, could have been just paranoia.A. Yes, Vice is a complaint driven department. Or it is at this point in time.The only way you are really going to go down at this point of time in Vancouver, isif someone takes a complaint to Vice. Whether it be a client that is a client that’sunhappy – a competitor that wants to stage some type of problem floating – a religious,or fundamental right-wing group that wants to catch you up, <strong>and</strong> take that totheir attention.- female off-street in-call sex <strong>work</strong>ersThis more relaxed, complaint-driven approach to by-law enforcement was believed to increase choicesfor off-street <strong>work</strong>ers by allowing for the development of less oppressive <strong>work</strong> environments, <strong>and</strong> amore trusting relationship with police. One sex <strong>work</strong>er suggested that this more trusting relationshipmeant that police were more willing to protect <strong>work</strong>ers from violent clients:A. Everything that has been achieved over the last 10 years, in the system, would fallapart. If they cracked down, first of all, women in this business wouldn’t trust thepolice anymore.- female off-street in-call sex <strong>work</strong>erSome sex <strong>work</strong>ers felt that some progress has been made in terms of their ability to report violentclients <strong>and</strong>, because of police tolerance of the off-street prostitution trade, female off-street sex<strong>work</strong>ers are now making more reports than ever before.A. Y’know, 10 years ago I would have never picked up the phone <strong>and</strong> said, We have anaggressive client, I need help. But I would now. And that is a by-product of a liberal61

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