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urlOf all the characters destined to work selling sex in The Three-Headed Dog, Marina has the most experience. Now in Spain for the second time, Marina comes from a backwater of la República Dominicana. Sharing the island of La Española (Hispaniola) with Haití, Dominicana is a poor, weakly governed nation popular with tourists on tight budgets. Many of these are called sex tourists by critics, meaning a central purpose for their visit is to buy sex and romance with natives, in a typically tropical setting. Marina reflects on how she got started in her present career.

d5d43c2ca5485db793354630fd176c90… if nice trees and flowers were enough to live on she would never have left home. She would have made do with slaving away as shop assistant in her aunt’s colmado or as a maid to some pretentious lady in the city, either way for pennies. Instead she took a job as hostess in a beer-hall, and her mother sobbed like it was the end of the world. It was okay for a while, but Marina was always looking to better herself.

Schafer_Whores&Madonnas_05

http://www.hookstrapped.com/peter-brian-schafer-portfolios

She got taken on at an open-air nightclub in a larger town. It had twenty rickety tables, strings of coloured lights and loud music equipment. There was a platform made of two-by-fours where a single spot was turned on women dancing naked. It was close enough to beaches that tourists rode up on flimsy motoconchos, guys of all different nationalities, some who could barely stay on the bike. Motos with five Dominican kids would pass them roaring with laughter. Marina learned which men danced the best, which were most polite, and which gave the biggest tips.

scene_typique_ambatalok_nosy_tnThe craziest thing was the lines they spun! Come with me to Berlin, you’ll be a queen. There’s no one like you in my hometown. You’re a real woman, like we don’t have anymore. What a beautiful colour your skin is. Foreigners said island girls were sweet and willing to do anything they were asked. She fell for it only once, but the Romeo gave away his plan when he let slip how nice she would be able to make his apartment. If she wanted to be someone’s wife, she could have stayed home.

Marina wants to strike out on her own, not tied from the outset to anyone who believes he has the right to control her. She wants to go abroad like other women she has known; traditions to go to Europe are old in her country. She chooses to buy papers and services from small-time ‘travel agents’. On her second trip to Spain things go wrong, but not because of smugglers’ evil intentions against her; rather they are competing with each other for pieces of the smuggling pie.

Discussions of the fate of women like Marina generally talk over their heads. The wrongness of sex tourism and lack of options for females under patriarchy are the topic, while the pragmatic decisions women make in the here and now are sidelined. In The Three-Headed Dog, as in Sex at the Margins, their actions are the story.

hqdefaultMany times, their goal is to make enough money to build a simple house back home. Other times, they decide to try to stay abroad.

Laura Agustín, the Naked Anthropologist

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imageIt wasn’t always all called trafficking. Whether or not migrants were officially or sentimentally designated refugees, they were portrayed as taking action. Getting screwed – certainly – but that’s another thing. If your goal is to get over the border without official documents, then you make pay-offs.

Migration has long been included as part of normal, if unjust, social life, in many works of literature. In James Ellroy’s 1987 The Black Dahlia the Los Angeles cop-narrator heads south from Tijuana looking for his lost partner. The year is 1947.

Car traffic was scarce, with a steady trickle of pedestrians walking north: whole families lugging suitcases, looking scared and happy at the same time, like they didn’t know what their dash across the border would bring them, but it had to be better than sucking Mexican dirt and tourist chump change.

Approaching Ensenada at twilight, the trickle became a migration march. A single line of people hugged the northbound roadside, belongings wrapped in blankets and slung over their shoulders. Every fifth or sixth marcher carried a torch or a lantern, and all the small children were strapped papoose-style onto their mothers’ backs… The wetback line originated out in the scrubland, and only cut through Ensenada to reach the coast road–and to pay tribute to the Rurales for letting them through.

It was the most blatant shakedown I had ever seen. Rurales in brownshirts, jodhpurs and jackboots were walking from peasant to peasant, taking money and attaching tags to their shoulders with staple guns; plainsclothes cops sold parcels of beef jerky and dried fruit, putting the coins they received into changemakers strapped next to their sidearms. Other Rurales were stationed one man to a block to check the tags… (216-17)

immigrant_crossing_san_diego_03-18-2004This is Baja California just south of Tijuana and a border that used to be so easy to cross that this sign was widely visible to warn drivers on the US side. To get to that line required the permission of police along the way, achieved via bribes. I regard this migration as a close relation of that portrayed in The Three-Headed Dog.

The Black Dahlia herself sold sex out of bars in downtown LA. More about that another time.

-Laura Agustín, the Naked Anthropologist

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13_9_percent_increase_in_human_trafficki_2612620000_13473621_ver1-0_640_480High Hopes for refuge for human trafficking survivors seemed like just another story about small Rescue-Industry projects getting big funding and providing founders with lots of good feelings about themselves. I ran it on facebook poking gentle fun at the rustling pecan trees. After a few routine comments I got a call on the anti-trafficking hotline.

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I don’t think we missed any major points to be cynical about in this spoof of a person who makes a hotline-call to help police, not a victim. It was a spontaneous conversation, and I haven’t edited it to publish here.

e86054d100ce6529f45a589eacb43d80-w2041xNorma Jean Almodovar is author of Cop to Call Girl: Why I Left the LAPD to Make an Honest Living As a Beverly Hills Prostitute, published in 1994. She created and maintains Police Prostitution and Politics: Operation Do the Math, where she keeps track of FBI claims about sex-trafficking. ‘I do it because prostitution abolitionists can’t count,’ she says.

And the pecan trees keep on rustling. I’d sure like to get me some of that horse therapy.

Laura Agustín – The Naked Anthropologist

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animeteamRecently Amnesty International voted to pursue a policy advocating the decriminalisation of sex work (sort of). If you were judging the issues by what Big Media told you, the debate was a clear pro-rights position versus an anti-prostitution position. The clash sometimes looked like Who gets to speak for women who sell sex? ignoring the men and transpeople and ignoring the considerable variation in experience amongst those who work in the sex industry. And, by the way, amongst those who used to work and now don’t.

Understanding the symbolic importance of the moment I kept quiet about aspects of Amnesty International’s proposal that are not good, and I know others who did the same. But behind the scenes, amongst rights activists, there was criticism of Amnesty’s draft. There were differences of opinion, some harsh words and some misunderstandings. As far as I know, there is never total agreement about what specific words should appear in any document attempting to define good law and policy that will support people who sell sex. If the outside world could see those differences of opinion perhaps fewer would believe anti-prostitutionist sloganeering about happy hookers and the pimp lobby.

But the differences always exist within a basic framework that understands selling sex can be experienced as work (nothing to do with personal happiness or what labels folks give themselves). The reductionist line about survivors versus a sexworker elite is daft. But on an occasion like the Amnesty vote, when 140-character tweets reign, most everyone unites in solidarity and sticks to a clear argument, in this case that decriminalisation makes sex workers safer.

One flurry of disagreement on an activist email list arose from an item published by a few academic researchers in Canada in support of Amnesty’s proposal. Some activists found the item to be victimising and disempowering for sex workers. Others did not. One statement got my attention, so I asked the author, Will Pritchard, if I could publish it here.

Research is not Activism

Will Pritchard August 2015

anime2Some researchers have gained the media spotlight claiming they have evidence showing that in places where sex work is a crime, sex workers are powerless victims, forced to work in isolation with no ability to negotiate safe sex, access medical services or organize collectively.

In response, some sex work activists are voicing dismay, arguing that sex workers organize themselves, promote safe sex and join the struggle for their freedom precisely in those places where they face criminal sanctions because sex work is illegal. 

The harm-reduction framework was built under the rubric of human rights. Having watched it develop in Canada in the late 1980s in response to criminalization of drug use and then spreading to other issues including sex work, I have decided that it actually erodes grassroots activists’ efficacy and role. This erosion is due in part to the fact that harm-reduction policies rely on ‘evidence’, and to get that we require research.

Some researchers conscript service agencies, advocates or individual workers to consult in the creation of research projects but often solely to provide legitimacy and address the ethical concerns in institutional review-board processes. Those consulted are rarely experts in research, and though I recognize the important part they play, if they are unaware of the history of the global struggle for sex worker freedoms, or lack a sex work analysis, their contributions become token. They may have limited or no capacity to provide strategic direction to the researcher.

Sadly, those sex workers who are subject to research often set their own personal interests aside and volunteer, under the mistaken belief that participation is for the greater good, or worse, that it is a form of activism. But research is not activism.

anime_heroes_promo_by_ryutokun-d4cmyy2Many grassroots activists and organizers are exasperated that they must now face the challenge of discovering the interests of those publishing research on sex workers. Who is funding the research and to what end? What is the researcher’s professional background and record for incorporating sex worker voices? This frustrating distraction hijacks activists’ bandwidth and is an example of the unintended consequences of research.

Researchers would do well to consider the reflexivity inherent in the harm-reduction framework, whereby evidence-based policy-making begets policy-based evidence-making – a meta-bias if you will. Based on the interests of the researcher, not the researched.

I believe that academics and other allies may have the best of intentions. But perhaps their interests do not actually align with the struggle for sex worker freedoms? They deserve to be questioned, challenged and criticized, since unintended consequences arising from the results of their research could well undermine sex worker freedoms in future, particularly in the domains of public health, justice and social science.

Sex worker activists speak from experience when it comes to unintended consequences. For example, the foundation sex worker activists built was never intended as a stepping-off point for academics to shift the focus of the struggle for freedoms to their own work in the form of ‘evidence’.

Research involving sex work is a job. Sex workers should supervise. And when sex workers say, Sit down, shut up and get back to work, researchers should listen.

Research is not activism.

In solidarity,

Will Pritchard

will-cowboyWilliam Pritchard has been an activist for sex worker rights for 25 years. As a young escort, he helped build a new kind of peer outreach program in Toronto and co-founded the Sex Workers Alliance of Vancouver. Will is a partner at Walnet Institute, an online arts and activism resource. He volunteers as a director for the Triple-X Workers’ Solidarity Association of British Columbia and is a member of the Canadian Union of Public Employees. He works as a city planner in Vancouver, Canada.

–Laura Agustín, the Naked Anthropologist

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vance11e-1-webIn the last couple of weeks, on twitter, I tore into a piece of research funded by the US National Institute of Justice entitled Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities. During that time every media outlet in the world reproduced the claimed findings as if they were facts, despite how ridiculous most of them are. I made a few punchy points in an interview:

Q+A: Why Pimps Can’t Be Trusted to Talk About Sex Economics

Lauretta Charlton, Complex City Guide, 17 March 2014

Last week, the Urban Institute released a landmark study called Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities. Its abstract states that “the underground commercial sex economy (UCSE) generates millions of dollars annually, yet investigation and data collection remain under resourced.”

The Institute’s research was focused on gathering information about the sex economy based on evidence in eight major cities across the US. The research relied heavily on interviews with pimps, traffickers, sex workers, child pornographers, and police. According to a quick recap of the study on the Urban Institute’s website, the major findings include:

  • Pimps claimed inaccuracy in media portrayals.
  • Pimps manipulate women into sex work.
  • Women, family, and friends facilitate entry into sex work.
  • Unexpected parties benefit from the commercial sex economy.
  • The Internet is changing the limitations of the trade.
  • Child pornography is escalating.
  • The underground sex economy is perceived as low risk. 

But critics say that the study is misleading and intentionally biased. It’s an oversimplification of what researchers like Laura Agustín, also known as the Naked Anthropologist, argue is a very complicated system. City Guide asked Agustín a few questions via email hoping to get a clearer picture.

In your words, how has this study misrepresented sex workers in America?

LA: It’s not a study about sex workers at all but rather an attempt to view particular sex economies through the highly limited lens offered by of convicted ‘pimps’. The study was designed in a way that assured bias from the start. Women who sell sex are seen as objects manipulated by Bad Men. There’s next to no information about sex workers.

The interview subjects were mostly black/minorities. How is this reflection of continued racism in America?

LA: Again, the bias was guaranteed when researchers chose to centre pimps, but the only pimps they could conveniently interview are incarcerated. Black men predominate in prisons and predominate in the kind of pimping researchers know about, so the study reproduces the usual racist idea that black men pimp white women. This then is made to seem to be the most important aspect of the sex industry, which is laughable.

How have reports of the study misconstrued the real issues at hand?

LA: Media reports uncritically accept and focus on the numbers provided in this study: which city has the biggest sex or drugs economy, how much money pimps earn. I haven’t seen any reporter ask why researchers accepted prisoners’ stories as fact. All interview research has to factor in the possibility that subjects lie; in this case that factor is very big indeed as prisoners can be expected to brag about their exploits.

Do you believe the issues of race and sex work are mutually exclusive?

LA: I’m not sure what you mean. People the world over take up sex work for thousands of reasons and are pulled into or attracted to it by their positions vis-à-vis class, race, ethnicity, gender. No single condition decrees how a sex worker will fare; to understand any individual you need to listen to their story.

Analyze this quote from the study, “They have a saying in the pimp game, ‘If it ain’t white, it ain’t right. If it ain’t snowing, I ain’t going.”

LA: Analyse? I’d say that’s a typical cocky man’s comment aimed at showing how in-control he is. Perhaps a black man said it to a white woman? In which case he was ‘snowing’ her.

***

Next Huffington Post Live did a brief show with four panelists using Google Hangout. The technology allows participants to interact verbally, but there’s no eye contact, which limits things. This was called Understanding The Modern Sex Work Industry

Most of the critical commentary after this event centred on Dennis Hof’s screwy comments about unregulated sex workers’ having AIDS and being sex-trafficked, as he single-mindedly promotes the model of commercial sex he understands – his own Nevada brothels. More to the point, the show was meant to be about the Urban Institute study, but I doubt Hof ever even looked at it. This meant the already brief show lost focus. Still, because of twitter this small critique took place, which is a good thing.

Someone would have to pay me to write up a real critique of the Urban Institute study. The bottom line is researchers were funded by a crime-oriented agency to confirm everything the US government already does. Even sell-out researchers could not find the kind of horrible connexions between sex-drugs-weapons they wanted, but they admitted the possibility that things could be much worse than study shows (the Weapons of Mass Destruction ploy). I can imagine the study’s results leading to proposal for national-US antiprostitution law – ‘to facilitate policing’. Here’s a selection of tweets from 12-20 March 2014 (from @LauraAgustin). More like raw data, in no special order, hashtags removed.

“Estimating the Size and Structure of the Underground Commercial Sex Economy in 8 Major US Cities” Ludicrously banal
Urban Institute report on US sex economy is obsessed with pimps. In fact the report is about pimping, not the sex industry, not sexwork
This will become the Bible for End Demand. pimps are their sole interest.
Today news items worldwide shout about a badly biased US govt-funded study of pimping. Bad Men- what everyone loves
Headlines include “US pimps can pull in $33 000 a week” & “Street Gangs Deeply Involved In Commercial Sex Trade”. No sexworkers visible.
“Commercial sex trade widely segmented, the report found” Really? They call this study a first but it’s the last to say the most basic stuff.
“The focus is through the lens of imprisoned pimps & traffickers & those who put them behind bars” Barefaced bias that should be dismissed. Read the rest of this entry »

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“Let the jury consider their verdict,” the King said.
“No, no!” said the Queen. “Sentence first—verdict afterward.”
“Stuff and nonsense!” said Alice loudly. “The idea of having the sentence first!”
“Hold your tongue!” said the Queen, turning purple.
“I won’t!” said Alice.
“Off with her head!” the Queen shouted at the top of her voice.

In the world of anti-prostitution campaigning, the Queen’s upside-down thinking is commonplace.
- Sentence first – Verdict afterward
- Verdict first – Skip the evidence
- Sentence first in case anyone is guilty, which we cannot prove but that does not mean they didn’t Do It.
Self-defined experts abound who profess to know everything important about prostitution and sex trafficking, especially who should be shamed and imprisoned.

Admirers will recall Judge Susan Himel’s assessment of expert witnesses at 2009 trial of Bedford v Canada.

I was struck by the fact that many of those proffered as experts to provide international evidence to this court had entered the realm of advocacy and had given evidence in a manner that was designed to persuade rather than assist the court.

Other details on why Judge Himel dismissed the ‘evidence’ of Melissa Farley, Janice Raymond and Richard Poulin can be read here.

In December 2011, Judge D F Baltman of the Ontario Superior Court refused to allow one expert witness to give testimony in sex-trafficking case R v McPherson. The Crown had requested that Benjamin Perrin, a law professor at the University of British Columbia, be allowed to testify as an expert. Here is Baltman’s decision.

HELD: Application dismissed. The Crown failed to establish the necessity of the proposed evidence. The proposed evidence was not unique or difficult for a jury to understand. The themes and dynamics associated with the world of prostitution, living off the avails thereof, and human trafficking were common human experiences. Juries did not need experts to understand them. Pimping had been a longstanding offence under the Criminal Code and juries had been deciding such cases for decades without the assistance of expert evidence or the assertion that it was required. Even if the proposed evidence satisfied all criteria for admission, it should be excluded because its probative value was outweighed by the ensuing prejudice. Much of the professor’s observations were one sided and second hand. The professor was career advocate, and did not provide the appearance of objectivity. The proposed evidence had the obvious potential, in placing the accused in the framework suggested by the professor, of generating moral disgust and anger within the jury, which might in turn result in considerable moral prejudice to the complainant.

My heart is warmed and some faith restored by such rational thinking. The perils of expert-witnessing are routinely discussed in law-and-order television shows in which experts brought by prosecution and defence simply contradict each other. But I am interested in the proliferation of people, with academic qualifications or not, who claim expertise gives them the right to speak in grand universal terms on subjects they observe and abhor but have not lived themselves. Even worse, they claim to be able to speak for those others, implying that the people in question are not able to. When sexworkers speak for themselves, moral entrepreneurs often dismiss them, engaging in the disqualification I addressed recently. This mechanism of disqualifying people’s own words offends me as much as anything else in anti-prostitution/anti-trafficking campaigns.

For those interested in Judge Baltman’s decision here are some excerpts from background provided.

6 Professor Perrin has no expertise or formal training in the fields of criminology, psychology or sociology. However, he has involved himself in the issue of human trafficking since 2000, in a number of capacities. This includes volunteer work with a charitable organization that assists victims and advocates to improve Canada’s response to human trafficking; work as a senior policy advisor to the Minister of Citizenship and Immigration where he counselled on human trafficking issues; and the research he has conducted on this topic as a faculty member at UBC. His primary output in that regard is his published book entitled “Invisible Chains: Canada’s Underground World of Human Trafficking”, which he describes as an “empirical study” on the nature and extent of Canada’s involvement in the area.

7 The findings from his study have been presented at conferences and published in various journals. Neither that study nor any of his publications on domestic sex trafficking have been peer reviewed before publication.

9 Professor Perrin openly advocates a more aggressive approach to the prosecution and sentencing of those who live off the avails of prostitution, and takes a very sharp view of those who think otherwise; in his recent article, published in the Globe and Mail, he stated that Himel J.’s decision declaring federal prostitution laws unconstitutional “is a striking example of judicial activism run amok.”

11 The Crown seeks to qualify Professor Perrin as an expert in human trafficking, so as to permit him to testify on the following areas:
(i) Patterns of interaction between traffickers and their prey; and
(ii) Methods of recruitment and retention used by traffickers against their victims;
In order to assess the necessity of the proposed evidence, one must first discern the trial issues upon which the evidence will bear. Based on the submissions from the Crown, these are:
(a) Methods used by traffickers to identify and recruit young women to work for them;
(b) Methods used by traffickers to control their young women and ensure their compliance; and
(c) The dynamics and conditions of sex trafficking which prevent the young women from leaving the relationship.

19 The Crown notes that the credibility of the complainants will come under sharp scrutiny, and in particular their reluctance to leave the relationship with the Respondent despite the alleged abuse. For the jury to properly understand this dynamic, argues the Crown, Professor Perrin should be permitted to explain the methodologies used by sex traffickers, and how those methodologies would have prevented the complainants from leaving the relationship.

20 Based on Professor Perrin’s report, those methodologies and his conclusions about them can be summarized as follows:
A. Sex traffickers seek out women who are young and vulnerable; many of the women are poor, prone to substance abuse, and either homeless or coming from a dysfunctional home;
B. Traffickers prey on the desire of these young women for love, money, shelter, and acceptance;
C. Traffickers may use threats, violence, the imposition of rules, economic control, drugs, guilt, manipulation or social isolation to lower the women’s self esteem and cause them to remain dependent upon their traffickers;
D. Women who are subjected to this treatment may not leave the relationship when given the chance because they fear reprisals or violence; or because they suffer from post traumatic stress disorder, low self esteem, anxiety, or depression, or because they lack the economic resources to leave; or because they may blame themselves for their treatment or see no better alternatives.

22 In my view, the proposed evidence is not unique or difficult for a jury to understand, for several reasons. First, although the subject matter of this case – prostitution, living off the avails thereof, and human trafficking – may not be personally familiar to the jury, it is clear from Professor Perrin’s report that the themes and dynamics associated with this world are common human experiences . The tendency of men to prey on young women who are vulnerable or needy; the use of violence by men against women in a domestic relationship; and the reasons why many women cannot easily extricate themselves from abusive relationships are not complicated technical issues but themes which juries and judges encounter on a daily basis in Canadian courts. In Professor Perrin’s own words, “Poverty, the desire for love, and the desire for money, in that order, are the key vulnerabilities that permit domestic sex traffickers to recruit and control victims,” These motivations are not rare, and juries do not need experts to understand them.

23 Second, it is anticipated in this case that each complainant will testify about her treatment during her relationship with the Respondent. This will include how they met, how he persuaded her to enter the sex trade, and why she stayed in it as long as she did. There is no suggestion that any of the women are intellectually or emotionally unable to articulate their experience. Each complainant provides an explanation for why she stayed in the relationship. The explanations are based on common motivations: the belief that the Respondent loved her; fear of reprisals; and not having the means to leave. Again, these are all basic human emotions that a jury can understand.

31 Further, Professor Perrin is a career advocate, and does not provide the appearance of objectivity. While his efforts to end human trafficking and raise consciousness about this issue are doubtless laudable, his professional life is anchored in his role as advocate for the victims of sex trafficking and lobbyist for policy change in government. He has publicly stated that in his view sex work should not be decriminalized. His testimony would not be that of an objective academic but rather a dedicated lobbyist. Even if, as the Crown proposes, his evidence could be edited to exclude his personal opinions, it will nonetheless be guided by his highly prosecutorial perspective.

32 Moreover, and as already noted, the evidence does not add much to what jurors already know about human behaviour. As Professor Perrin is not a psychologist and has minimal if any contact with women directly involved in the sex trade, he is no more qualified than the average person to explain the psychology which may lead them to remain in abusive relationships.

33 On the other side of the coin, considerable prejudice could result from this testimony. Expert evidence about the means or methods that other sex traffickers use to lure young women into slave labour in the sex trade, and the force used to prevent them from leaving, may well cast the Respondent as part of an epidemic of human trafficking hidden in the underbelly of Canadian society. The Respondent will then need to diffuse not only with the allegations of the individual complainants, but also the acts of all other sex traffickers described by Professor Perrin in his research.

34 The idea of sexual victimization of young people is understandably repellent to many people; the proposed evidence has the obvious potential, in placing the Respondent in the framework suggested by Professor Perrin, of generating moral disgust and anger within the jury, which may in turn result in considerable moral prejudice to the complainant.

35 That sex trafficking is a nasty business is not in question. But the time to factor that in is on sentencing, should there be a conviction. The sordidness of that world should not, on its own, be a reason for the jury to hear all of its Ills at the same time that it is deciding whether the Respondent committed a crime in the first place.

38 For those reasons I dismissed the application.

D.F. BALTMAN J.

A friend passed me this document; I cannot find it online. If you want the whole thing, consult a legal library/database.

–Laura Agustín, the Naked Anthropologist

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Last week I spent most of a day watching the Supreme Court’s hearing of arguments on Canadian prostitution law, the upshot of four years of legal battling since the Ontario Superior Court of Justice’s 2010 decision that it was unconstitutional. (I tweeted the event, look here on 13 June). While studies of different kinds were sometimes mentioned at the Supreme Court, no so-called experts (on the basis of academic-style research) spoke. This contrasts with what happened at the original trial.

In October 2010 I ran excerpts from Judge Himel’s decision on her experience and understanding of opposing expert opinions about the harm of prostitution on society and the harm of the law on those who sell sex. I have the impression Judge Himel was appalled by some of the declaiming she heard, and I am surprised the anti-prostitution witnesses did not think about moderating their strident tone before appearing in a High Court. Before I write about the Supreme Court hearing, here again are the excerpts. Himel’s thinking is interesting to people interested in the idea of evidence – what qualifies, how it’s evaluated. Or read her full decision. Before discussing experts’ views she addresses conflicting evidence from women who sell sex.

Evidence from Prostitutes and Former Prostitutes

[85] The applicants submitted affidavits from eight witnesses who described their perceptions and experiences of working as prostitutes. During oral argument, the applicants’ counsel submitted that the purpose of these witnesses was to provide “corroborative voices” . . . [86] The affiants came from varied backgrounds and from across Canada, but largely shared the experience of finding prostitution in indoor venues generally safer than street prostitution (indeed, a few experienced no violence at all working indoors). . . they entered into prostitution without coercion (although financial constraints were a large factor) and most reported being addiction-free and working without a pimp.

[87] The respondent tendered nine affidavits from prostitutes and former prostitutes, whose stories painted a much different picture. The respondent’s witnesses gave detailed accounts of horrific violence in indoor locations and on the street, controlling and abusive pimps, and the rampant use of drugs and alcohol.

[88] While this evidence provided helpful background information, it is clear that there is no one person who can be said to be representative of prostitutes in Canada; the affiants are an extremely diverse group of people whose reasons for entry into prostitution, lifestyles, and experiences differ.

Expert Evidence

[99] While neither party disputed that the other party’s witnesses were, in fact, experts, a great deal of argument and evidence was devoted to criticizing these witnesses. Both parties alleged that certain experts were biased, that conclusions were generalized beyond the sample studied, that studies were methodologically flawed . . .  [114] The following factors are relevant to the consideration of the weight to be given to expert evidence:

  • a) Unwillingness of the expert to qualify an opinion or update it in the face of new facts provided (often in cross-examination);
  • b) Bold assertions without a properly outlined basis for the claim;
  • c) Refusal to restrict opinions to expertise or the expertise demarked by the judge as required by the court;
  • d) Lack of sufficient independence from the party proffering the expert; and
  • e) Prior history as an advocate on the topic.

[182] In reviewing the extensive record presented, I was struck by the fact that many of those proffered as experts to provide international evidence to this court had entered the realm of advocacy and had given evidence in a manner that was designed to persuade rather than assist the court. For example, some experts made bold assertions without properly outlined bases for their claims and were unwilling to qualify their opinions in the face of new facts provided. While it is natural for persons immersed in a field of study to begin to take positions as a result of their research over time, where these witnesses act primarily as advocates, their opinions are of lesser value to the court.

[183] The evidence from some of these witnesses tended to focus upon issues that are, in my view, incidental to the case at bar, including human trafficking, sex tourism, and child prostitution. While important, none of these issues are directly relevant to assessing potential violations of the Charter rights of the applicants.

[352] I find that some of the evidence tendered on this application did not meet the standards set by Canadian courts for the admission of expert evidence. The parties did not challenge the admissibility of evidence tendered but asked the court to afford little weight to the evidence of the other party.

[353] I found the evidence of Dr. Melissa Farley to be problematic. Although Dr. Farley has conducted a great deal of research on prostitution, her advocacy appears to have permeated her opinions. For example, Dr. Farley’s unqualified assertion in her affidavit that prostitution is inherently violent appears to contradict her own findings that prostitutes who work from indoor locations generally experience less violence. Furthermore, in her affidavit, she failed to qualify her opinion regarding the causal relationship between post-traumatic stress disorder and prostitution, namely that it could be caused by events unrelated to prostitution.

[354] Dr. Farley’s choice of language is at times inflammatory and detracts from her conclusions. For example, comments such as, “prostitution is to the community what incest is to the family,” and “just as pedophiles justify sexual assault of children….men who use prostitutes develop elaborate cognitive schemes to justify purchase and use of women” make her opinions less persuasive.

[355] Dr. Farley stated during cross-examination that some of her opinions on prostitution were formed prior to her research, including, “that prostitution is a terrible harm to women, that prostitution is abusive in its very nature, and that prostitution amounts to men paying a woman for the right to rape her.” [356] Accordingly, for these reasons, I assign less weight to Dr. Farley’s evidence.

[357] Similarly, I find that Drs. Raymond and Poulin were more like advocates than experts offering independent opinions to the court. At times, they made bold, sweeping statements that were not reflected in their research. For example, some of Dr. Raymond’s statements on prostitutes were based on her research on trafficked women. As well, during cross-examination, it was revealed that some of Dr. Poulin’s citations for his claim that the average age of recruitment into prostitution is 14 years old were misleading or incorrect. In his affidavit, Dr. Poulin suggested that there have been instances of serial killers targeting prostitutes who worked at indoor locations; however, his sources do not appear to support his assertion. I found it troubling that Dr. Poulin stated during cross-examination that it is not important for scholars to present information that contradicts their own findings (or findings which they support).

[358] The applicants’ witnesses are not immune to criticism. . . During cross-examination, Dr. Lowman expressed discontent with portions of his affidavit, citing “careless” language and “poorly reasoned argument.” Dr. Lowman rightly takes responsibility for the content of his affidavit, which was drafted for him by law students. In his affidavit, Dr. Lowman made a direct causal link between the Criminal Code provisions at issue and violence against prostitutes; however, during cross-examination he gave the opinion that there was, rather, an indirect causal relationship. Such inattentiveness on such a crucial issue is indeed concerning. During cross-examination, Dr. Lowman gave nuanced and qualified opinions, which more accurately reflect his research.

–Laura Agustín, the Naked Anthropologist

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In Are Evangelicals Monopolizing, Misleading US Anti-Trafficking Efforts? Yvonne Zimmerman, author of Other Dreams of Freedom: Religion, Sex, and Human Trafficking, is asked if US anti-trafficking crusades could be called colonialist. She replies, ‘It’s an argument waiting to be made’. Since I’ve been making it for ten years, I had to write to her. It’s certainly true that the critique of colonialism is not often heard, despite the term Rescue Industry‘s spread.

Evangelical bloggers did not like hearing the word. John Mark Reynolds reacted scathingly in Surprise! Evangelical Efforts Against Sex-Trafficking are ‘Colonialist’! followed by Derek Rishmawy in Sex-Trafficking, Evangelical ‘Colonialism’ and the Blasphemy of the Holy Spirit. He gets prize for the most ignorant sarcastic crack: If that’s ‘colonialism’, then it’s the holy colonialism of God at work through his people. Welcome to the White Man’s Burden, shamelessly justified all over again, where the idea of colonialism is treated like a joke – or ‘joke’.

To make things worse, Reynolds used a flagrantly racist image to bias his own piece, showing a dark-skinned and/or dirty man handling an innocent white child. The shot is one of several someone created for campaigning purposes – whether they understood the inherent racism I don’t know.

I asked Yvonne to tell me what Other Dreams of Freedom is about and why she wrote it.

It is very popular for American Christians to be involved in anti-trafficking activism. Although some American Christians are interested in a broad understanding of trafficking that includes exploitative labor, usually they mean sex trafficking. And usually by sex trafficking they mean commercial sex – any exchange of sex or sexual services for money. They think that if people no longer sell sexual services they will be free from trafficking, so they favor programs that ‘fight trafficking’ by trying to get people to leave the sex industry. Means to this end vary from educational scholarships to job-training programs to brothel raids. In terms of law and policy, many American Christians support the abolitionist agenda to criminalize all sex-money exchanges.

I am a scholar of religious studies and ethics. I wrote Other Dreams of Freedom to examine why this anti-trafficking perspective feels so appealing and ‘right’ to many American Christians. When I was doing the research between 2005 and 2008, George W. Bush was president and his administration was constructing an international anti-trafficking agenda, often referring to God, God’s intent for human life and Good and Evil. I focused on anti-trafficking legislation (TVPA), the Office to Monitor and Combat Trafficking in Persons, the annual Trafficking in Persons (TIP) Report, public policy statements and press releases. These were not trying to be religious, but I saw how they expressed a very particular religious and moral sensibility.

But Other Dreams of Freedom is about more than Bush. The understanding of human trafficking that his administration endorsed is wildly popular in the US; Americans who identify with a wide variety of other religious traditions defend this view. My book shows how Christian theology rooted in Reformed Protestantism infuses and shapes much American culture and moral sensibility, including the connections between sex, freedom and morality. My analysis of the theological sources clarifies why Americans are so quick to see commercial sex to be inherently degrading and immoral. The book discusses the unintended consequences of using a single religious perspective to build foreign policy in a multi-religious world.

Morgan Guyton at Mercy not Sacrifice also wrote about the original interview, and Yvonne left a comment that mentioned me, so I left something, too. Guyton replied:

What I have carried with me from my first job at a little NGO in DC called the Nicaragua Network is that any kind of real support we offer to people in disadvantaged situations anywhere must always have its terms dictated to us by the people we’re supposedly helping. We called it the solidarity model. In Christianese, I would call it ‘servanthood’ rather than ‘service’. It’ s great that young evangelicals are interested in social justice, but it seems like the way it’s often packaged makes it more like a form of tourism than anything else. I’m interested in reading more.

Yvonne Zimmerman is Assistant Professor of Christian Ethics at Methodist Theological School in Ohio.

Note that Christian Evangelism exists outside the US and behaves similarly when it comes to trafficking: here is a recent note about CARE in the UK.

Laura Agustín, the Naked Anthropologist

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Note: This post was first published in May 2011.

Feminist Satanism. No, that’s not right. Satanic Feminists. To be fair, no, it should be Feminists Who Believe Men are Pedophilic Satanists (or Satanist Pedophiles). No matter how you look at it, these words don’t immediately make sense together. This is the Rescue Industry with a vengeance – and Extremist Feminism indeed.*

Gunilla Ekberg has not appeared in public in Sweden in quite a while, I believe, but she has been giving anti-prostitution talks in Canada in support of a campaign to defeat Judge Himel’s decision to decriminalise many aspects of sex work in Ontario (Ekberg is apparently a citizen of Canada now). Admirers in Canada are billing her as a famous international lawyer, but she was publicly criticised in Sweden for calling herself a lawyer – does anyone know about Canada?  Her notoriety derives from her unyielding attitude as a campaigner, so authoritarian even some Swedes with similar ideas stopped wanting to be associated with her.

In 2005 she worked for Sweden’s Ministry of Industry as an expert on prostitution and was closely allied with ROKS, an organisation that runs shelters for women in trouble. At the time, ROKS’s management claimed Swedish patriarchy could usefully be compared to Afghanistan’s and advocated separatism: women living apart from men. As if this were not enough, ROKS management came to believe that pedophilic satanism was a real threat to girls and women in Sweden. Phew.

Other European countries have suffered mad bouts of belief in satanic cults in history, and the US is famous for its Satanic Panic all through the 1980s, but the oddity with Sweden is how such extremism can dwell so very close to mainstream government: get funding, have prestige, function as if ordinary and unremarkable.

The story of Ekberg’s embarrassing moment and public disgrace occurred in 2005, when journalist Evin Rubar (a woman) was making a programme about ROKS for Swedish Television, Könskriget (Sex War – link to first part),  in which the story of the satanic pedophiles is told, including the testimony of a young woman supposedly saved by ROKS who complains about her treatment by the rescuers. You will see in the clip below that Rubar, assuming Ekberg to have been closely involved, asks questions Ekberg refuses to answer. Leaving the room, Ekberg, assuming the microphone is off, threatens Rubar: Don’t count on any help from the shelters. The whole Sex War programme is two hours long; this is the clip in which Ekberg threatens Rubar:

Ekberg did not lose her job over this, but she did eventually leave it. The affair generated much criticism of her behaviour and that of the ROKS people, who come across as maniacs (at least one writer calling their thought patterns feminist fundamentalism, with which I concur, here on the blog and in Sex at the Margins). Numerous Swedish bloggers followed the disgraceful affair, reported here in the newspaper Aftonbladet. The ROKS manager was replaced.

Here is Part One of Sex War in Swedish, and here is a website that does a summary in English. After which, you will need a laugh.

Today, 25 June 2012, numerous people wrote to me to say, about another blogger’s post: Didn’t you write about this already? The answer is yes, in May 2011. Oh blogs, so easy to ‘absorb’. Sometimes the absorber says ‘but I only used the links you gave!’ Not good enough, say I, as defence against parasitism.

–Laura Agustín, the Naked Anthropologist

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I am not a social evil, Victorian London prostitution

This 1865 print by CJ Culliford illustrates an eternal frustration for police and rescuers: how to identify the real prostitute/sex worker? The man here, called Philanthropic Divine, offers the woman a tract to discourage her from selling sex because she is standing in the street and because of how she looks. We can’t read the signs now, but a bit of petticoat showing, the style of a sleeve or hat would have been enough to mislead a clueless clergyman. But, she says, she is not a prostitute – social evil – but waiting for a bus.

In the early 20th century a policeman complained about his task to stop prostitutes:

The way women dress today they all look like prostitutes. Charity Girls and City Pleasures: Historical Notes on Working-Class Sexuality, 1880-1920, Kathy Peiss.

For over a month stories have been coming out of New York City about an anti-trafficking programme for taxi drivers. Not only are cabbies to be penalised if they drive victims of trafficking but they are supposed to counsel women they think might be victims, after taking classes to learn how.

What hasn’t yet been determined, however, is what happens when a cab driver gives a non ‘working girl’ some pamphlets on how to avoid hooking. Awkward! Huffington Post, 16 May 2012

Women working  as bartenders and shot girls protested at City Hall:

‘They don’t even know who is a prostitute or not’ said Diana Estrada, 27, a Sofrito bartender wearing a cleavage-baring spaghetti-strap dress. ‘You don’t have a shirt on that tells if you’re a prostitute or not. New York Posti, 17 June 2012

New York Mayor Bloomberg’s comment was peculiar and whorephobic:

If I were a young lady and I dressed in a ‘sporty way’—or however you want to phrase it…I would not want somebody thinking that I’m a prostitute. Gothamist, 16 June 2012

Then there was DSK, who used the impossibility of knowing whether nude women were sex workers or not as a defence. About the parties attended his lawyer said

He could easily not have known, because, as you can imagine, at these kinds of parties you’re not always dressed, and I challenge you to distinguish a naked prostitute from any other naked woman. New York Times, 22 February 2012

Anti-trafficking projects spend a lot of time trying to teach police, border agents and the general public how to recognise a victim of trafficking. You would hardly believe the number of brochures that have been produced with tips such as this list from the Royal Canadian Mounted Police that does not describe clothing but is just as bad:

~ Speak neither English nor French, or may not speak on their own behalf;
~ Originate from foreign countries;
~ Unaware of local surroundings even though they have been in the area for an extended period of time;
~ Show evidence of control, intimidation or abnormal psychological fear;
~ Not be able to move or leave job;
~ Have bruises or show other signs of abuse;
~ Show signs of malnourishment;
~ Be frequently accompanied by their trafficker;
~ Be frequently moved by their trafficker.

The first three describe the majority of ordinary tourists – forget about migrants! The reference to foreign countries sounds xenophobic. Then consider how close one would have to be to someone to be able to detect ‘evidence of control‘ and how easy it would be to imagine ‘fear‘. You’d also have to be very familiar with a situation to know whether people cannot leave a job. And about the idea that someone might be ‘frequently accompanied by their trafficker‘, how much of someone’s company is too much? And how do you know the companion is a ‘trafficker‘ – are you going to first assume what kind of people someone is supposed to be socialising with? This is terribly circular, self-fulfilling reasoning, dealing in stereotypes about how ‘normal people’ are meant to be spending their time.

The obvious point is no one can tell who is a sex worker by looking at them the way no one can tell who is an office manager or social worker – clothed or nude.  Although bouncers at a well-known Shanghai hang-out are prepared to advise you if you do not yourself know whether or not you are a prostitute!

–Laura Agustín, the Naked Anthropologist

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