Tag Archives: gender equality

Sexbuyer laws: War on clients, says Israeli MP

Sexbuyer laws now exist in eight countries at the national level: Israel, France, Canada, Ireland, Northern Ireland, Iceland, Norway, Sweden. I use the term sexbuyer laws because in mainstream news ‘Nordic Model’ appears more and more frequently in its fundamental meaning: a kind of social democracy Nordic countries generally espouse. And also because the legislation no longer attaches to any region, rather pointing to a vision of Gender Equality focussed on universal symbolic meanings. Prostitution appears to be the most powerful symbol of women’s oppression this vision knows, and laws to punish men who buy sex are currently its most popular goal. Such a campaign has just succeeded in Israel.

MP Shelly Yachimovich commented the war on the clients of prostitutes is similar to the war on slavery and the freeing of slaves, no less.

It’s not the first time war has been mentioned by campaigners against prostitution. In 2011 I said in The Bad Vibrations of Anatomical Fundamentalism I feel like the veteran of a long, drawn-out war. I first knew it as the War Between the Sexes… Now it feels like a World Gender War, in which a small number of women endeavour to bring all men and all disagreeing women to their knees.

With talk of war we leave conventional liberal justice-discourse deploring prostitution as violence against women. Yachimovich’s comment wants to increase the symbolic weight of anti-prostitutionism by invoking war and slavery. This has been done in the US by Rescue-Industry figures engaged in raising their own status: See The Thrill of Rescue, in which an NGO head says:

… Growing up just after the 1960s I feared that I had missed my chance to take part in the most important movement in our country. I now know that I have found my place — and that all of us can step up and join a movement that matters. This year, I became CEO of The Global Fund for Children… The torch has been passed to us. Putting an end to modern day slavery is our civil rights movement. Now it’s our time to make a difference, and we must continue to work together to ensure that people everywhere are free.

Years later I continue to be struck by this individual’s fear she might ‘lose out’ if there were no transcendent cause to devote herself to; is this what the true ‘social-justice warrior’ needs to exist? You might think the desire to grant meaningfulness to one’s life is harmless, but when one’s driving an NGO, ‘non-profit’ status fails to describe the benefits that accrue to those claiming to help, save, lift up and enlighten.

The desire to help may be sincere, but when observing a longterm mess like prostitution policy it’s essential to take into account how helpers benefit themselves. See The Construction of Benevolent Identities, the archtype of which you see in the picture of a nurse with her lamp. Woe betide anyone who doubts this kind of helping. MPs campaigning for a law reap prestige that aids their careers.


 
I think of sexbuyer laws as ‘European’ in style, and certainly the rhetoric and actions taken by Israeli campaigners align with a vogue in which young women demonstrate against prostitution. In one protest women put themselves on display in a shopping mall complete with descriptive price-tags. Israel’s Law Against Prostitution Heralds a New Era of Gender Equality booms a headline. But another title noted Israel joins small club of nations, evoking a Euro-elitism in which equality is not exactly the goal.

Israeli news items mention government-backed research released in 2016 in relation to the legislation. The report describes workers in various sectors of the sex industry in three cities via a standard sociological survey. There is nothing surprising in it. More than half the sexworkers came to Israel from another country, which is unremarkable in the Mediterranean context. All the research does is demonstrate the existence of a sex sector providing jobs to women, with stories of how they needed money and couldn’t find better jobs. You can read a short description in English of the research results but note the twist when they say ‘economic hardship’ is prostitution’s cause and prostitutes ‘could not stop’. It’s a way to make money many take as preferable to other options; it’s work.

Two points are interesting to me. First, interviewers were recruited through an entity called Awareness Institute for the Fight against the phenomenon of prostitution, which means inevitably they were biased. Even when only reading questions from a form, interviewers transmit attitudes interviewees detect and may respond to – either by refusing to say much or by providing answers they think interviewers will like. There’s no way to know, but it’s a flaw and odd the investigating team didn’t explain it. They did comment on possible bias because only male interviewers were allowed into most brothels to talk to workers. For my money, the anti-prostitution defect is greater.

Second, in a not new but currently unconventional wrinkle, the law criminalises the fact of simply being in ‘a location chiefly used for prostitution’. Perhaps it’s meant to make the whole business easier, since sexbuying charges are notoriously difficult to prove. The state stands to make a lot of money in fines if patrons continue to visit (fines only are the penalty). If they don’t continue to visit, what happens to sex workers trying to make a living? Sure, ‘rehabilitation and reintegration’ are part of this sexbuyer law, but – need I say again how fruitless such efforts always are? Never mind, symbolic helping has once again been done.

—Laura Agustín, the Naked Anthropologist

Sex workers may unionise – but can prostitutes? The case of Sindicato OTRAS

Last week a Madrid tribunal declared that sex workers can unionise but prostitutes can’t – or that’s what it comes down to. Sindicato OTRAS was granted conventional union status in the summer, having filed the necessary paperwork. But when the news got out, scandalised politicians vowed they wouldn’t allow it, because the current government has declared itself abolitionist. Before long, several women’s organisations in different parts of Spain had put together a lawsuit against the union, on the grounds that prostitution can’t be a job (because it’s violence against women, slavery and so on). I’m simplifying, but believe me, you don’t want to read the convoluted legal language involved.

I spent two evenings with members of Aprosex in late May in Barcelona, one of them a conversatorio with me and many enthusiastic participants held at the headquarters of t.i.c.t.a.c. Shortly afterwards, Aprosex filed papers to become a union: Sindicato OTRAS (Organización de Trabajadoras Sexuales). Sex workers who call themselves anything are welcome: cam-girls, phone-sex operators, strippers, porn actors, bar hostesses, escorts, workers in flats. Some of these offer services many consider to be prostitution.

Job-titles don’t say everything. Some who’ve embraced the term sex worker hate the word prostitute, but a lot of others comfortably use it, especially in Romance languages. A recently-formed group call themselves Colectivo de Prostitutas de Sevilla. The whore-word puta is in process of reclamation, appearing on banners as you see above. Some feel okay calling themselves sex workers as long as it’s clear that they aren’t prostitutes. The paperwork for OTRAS referred to sex work in all its forms, which abolitionists immediately interpreted to mean prostitution: the thing they love to hate.

I don’t need to describe the arguments made by the women’s-group plaintiffs; they are well known. I note their horror that prostitutes, who exist because of patriarchy, can argue that a union will combat it. I have written about anti-prostitution ideas many times, last in The New Abolitionist Model.

But the specific Spanish legal context determined how opponents could argue a lawsuit. In the Penal Code prostitution is not defined as illegal, which rights activists complain leads to alegal status that disadvantages sex workers. You may well think that if an activity is not prohibited or defined as wrong in law then it must by default be considered part of ordinary (legal) life. But the ambiguity has been exploited to claim that if prostitution is not defined as legal work by law and listed in a national register of occupations then it can’t be a job. Porn acting and web-camming might be. The term sex worker seems not precise enough to be, and anyway abolitionists read it as a euphemism for prostitute.

However, it’s more complicated than that. Amongst jobs that are listed in the national register is work in clubes de alterne, bar-venues with private spaces in the back or upstairs for workers to take clients for sex. The word alterne, from the verb alternar, refers to socialising and drinking with customers, and chicas de alterne is a common euphemism for women who work in clubes de carretera, hoteles de plaza, casas de citas and puticlubs – all names of public businesses that may get called brothels, but they may also have a lot more going on in them: films, shows, dance-floors, jacuzzis, who knows what else in a place like the one above in Málaga. Businesses you can call brothels also exist in residential buildings. All these are legal. I wrote more about them in The Sex Industry in Spain. In other parts of the world chicas de alterne are known as bar girls or hostesses.

The Audiencia’s decision noted there would be no problem if chicas de alterne wanted to unionise on the basis of their work socialising. They also do prostitution? No problem. If you find this bizarrely contradictory, consult the Mad Hatter – he understands perfectly. Loopholes like these provide endless paid occupation for lawyers and campaigners like Plataforma 8 de marzo, Comisión para la Investigación de Malos Tratos a Mujeres and L’Escola: women’s organisations who took Sindicato OTRAS to court.

In this case they made many familiar claims about prostitution being violence against women and an obstacle to equality, citing Spanish legislation. They leaned heavily on arguments about trafficking and prostitution being inseparable, quoting EU and UN declarations. But they also claimed that prostitution’s not being an occupation inscribed in Spain’s national job register means that those who practise it can’t be workers because their job does not exist.

Further complications relate to the requirement that workers forming unions need to have the status of employees in a setting where employers define and regulate their work. In the case of prostitution, plaintiffs argued, this would mean managers telling prostitutes how to have sex with clients, which they don’t do. To underscore their point claimants expressed outrage at the possibility that bosses and workers might be able to damage the highly personal nature of sex (personalísimo). The way these repressive arguments opportunistically use the principle of sexual freedom frankly makes me sick.

Requiring workers to assume self-employed status is common practice in sex-industry businesses in many countries, allowing bosses to avoid accusations of pimping and also avoid providing decent working conditions. Being self-employed means workers have no right to negotiate terms or problems in what obviously are workplaces. Individuals may complain to bosses, but only trade unions have the ability to negotiate formally with management without being ignored or simply dismissed. Nota bene: Caveats apply. There is no one meaning to the term trade union, and national contexts differ. Freelance/self-employed/autonomous workers are generally excluded, but new unions want to change that.

OTRAS will appeal to the Supreme Court and meanwhile, despite misleading press headlines, have not been declared illegal. The Audiencia’s decision annulled the group’s statutes (by-laws) but hasn’t the power to dissolve the union (the whole long cryptic decision is at the bottom of the previous link). El Diario did better on the decision than most media outlets.

Everyone wants to know why the association of sex-business owners is allowed to exist. ANELA was inscribed in the national register of associations in 2004, defining their activity as dispensar “productos o servicios” a terceras personas ajenas al establecimiento, “que ejerzan el alterne y la prostitución por cuenta propia”: provide products or services to self-employed third persons… who practise alterne and prostitution.

It is interesting that ANELA’s first attempt to register was also frustrated by the mention of prostitution. Told to remove it because it isn’t legal employment, they refused, citing a 2001 EU court decision that prostitution may be an economic activity for self-employed persons, in the absence of force or coercion. In the same Audiencia (Sala de lo Social) where the case against OTRAS was held, ANELA was initially refused inscription. They appealed to the Supreme Court and won, judges saying that providing the conditions for prostitution to take place doesn’t necessarily make an owner a pimp (proxeneta). Go figure.

Meanwhile, if you weren’t already dazed by contradictions, another sex workers’ union opened this past summer, also in Barcelona. Unión Sindical de Trabajo Sexual was founded as a branch of the already-existing Intersindical Alternativa de Catalunya, and moral crusaders have no argument with it. Not because of which job-titles the workers claim but because, as a branch, they are not a separate autonomous legal entity. I know – it just doesn’t add up.

Enough. I’ve understood for many years that the term prostitution can never be pinned down. It isn’t ‘just a word’: its meaning is far from obvious; its connotations reach deep into patriarchal mechanisms for keeping women down and divided against each other. The comfortable middle-class Spanish feminists desiring to bring down a trade union for sex workers perfectly prove the point. In Prostitution Law and the Death of Whores I went into this in detail.

When I was revising this I saw I hadn’t tagged for Rescue Industry. The hostility of government spokesfolk and organisations that agreed to do their dirty work goes beyond any pretense to be helping and saving. This is about upholding the status quo for a small but influential cadre of privileged women who believe that they Know Best about everything under the sun. Patriarchal hierarchies work for women at the top.

Some things I’ve written about Spain, in English (note Spanish at the bottom):

A novel, The Three-Headed Dog, is set on the Costa del Sol and Madrid, amongst migrants doing various kinds of sex work. In the sequel the setting moves from Galicia through Málaga to Calais and London.

The Sex Industry in Spain: Sex clubs, flats, agriculture, tourism

Highways as sexwork places, with chairs

Who are migrant sex workers?

Sexwork and migration fiction, part 2: Jobs in the sex industry

Change the world by getting men to stop buying sex: Spain

In Sex at the Margins: Migration, Labour Markets and the Rescue Industry, the field work was carried out in Spain.

Lista de publicaciones mias en castellano

—Laura Agustín, the Naked Anthropologist

Grid girls and the Presidents Club: Women and sexist jobs

In 1995, my friend’s 17-year-old daughter Ermina was looking for work in Santiago, Chile. The obvious job available to her was posing in a short skirt beside cars or washing machines in public showrooms – standard promotional technique to this day. What made her hesitate? Girls who took those jobs in Santiago were assumed to be loose – no better than they should be. She might ruin her reputation whether she went on to do more than pose or not. There were also jobs in coffee bars, but they carried an even graver stigma. But Ermina didn’t want to follow in the footsteps of her mother and aunt, who had both migrated to Madrid to work as live-in maids. This was the kind of story I ran into everywhere in Latin America amongst poorer people back in the 90s, and is why I ended up writing Sex at the Margins.

Recently jobs like these have been in the news in the context of the #MeToo movement against sexual harassment but they also appear in long-running campaigns against prostitution and trafficking. All objections are increasingly positioned as evidence of Gender Inequality. I thought about writing this post after an event called the Presidents Club got undercoverage – a Financial Times reporter got a job as hostess. Scandal was provoked by revelations of the conditions of work for hostesses – conditions that have been conventional for aeons and most people know about. For those interested in labour rights, reports of low pay and a requirement to sign non-disclosure contracts stood out. For those who felt scandalised, it was having to wear skimpy frocks and accept being groped.

These jobs are widespread, because sexism is everywhere, because women without a lot of education and training have few options for work and because some women like hostess or modeling-type jobs better than whatever others are available. I understand why successful middle-class women denounce the existence of this work. I know this is objectification of women’s bodies and appearance, you don’t have to tell me. But what does it mean to call for their abolition except fewer jobs for women? And although the denouncers are appalled, many other women like or don’t much mind this way of making money.

The Presidents Club got much publicity because it’s an event for elite men. A class issue, as though those men ought to be better than others? Consider what happened ‘lower down’ the culture hierarchy.

Formula 1 ended its tradition of using grid girls because ‘it was at odds with modern societal norms‘.

The men drive the cars, they make the cars, they fix the cars and the women handed out drinks, refreshed the buffet… The grid girls would be led out, a bit like prize cattle, just before the race and stand on the grid where the cars are, with an umbrella or a number of which position the car was in. They would have their bottoms pinched by the mechanics, there would be photographers sat on the floor behind them, taking pictures of their bums, or up their skirts. They had to giggle and pretend that was OK. – broadcaster Beverley Turner

But grid girls protested.

Note the numbers for that tweet – and it wasn’t the only one, and Cooper wasn’t the only tweeter.

In the world of competitive darts, before this trend reports could say ‘stunning walk-on girls provide some much-needed glamour… The lovely ladies have the important job… to provide a key element to the festive entertainment.’

But now the Professional Darts Corporation announced it would end using walk-on girls who accompany players to the stage and hold up score cards. Announcing a protest in Birmingham, the owner of Dream Street Models and Events said, “If they’re banning us at F1 and darts, what’s next? Where’s it going to stop? Will it be boxing, Superbikes, the stands at NEC shows? Most of my models do promotional work, for some it’s a part-time job, but for others it’s their full-time living.”

The Women’s Sport Trust said: “We applaud the Professional Darts Corporation moving with the times and deciding to no longer use walk-on girls. Motor racing, boxing and cycling . . . your move.”

In parts of Asia beer girls (or promotion girls) are paid low wages to jolly male customers into ordering a particular brand of beer. Surviving from tips and working long into the night, they too have been named as improperly exploited by a funder.

The mostly young drink promoters are paid low wages — and work for tips, largely from groups of intoxicated men — to push certain beers in bars. Global Fund announced on Thursday in a statement that it was suspending its partnership with Heineken “based on recent reports of the company’s use of female beer promoters in ways that expose them to sexual exploitation and health risks”.

Exposed by hanging around drinking men and possibly having sex with them possibly for money that lifts them from survival-mode? A lot of women consider this a desirable job. Do you want to add ‘are forced to’ consider it desirable? Ok, but desire counts – don’t tell me you Know Better than they how they should feel and act.

Then there was MIPIM, an annual conference for property people that draws sex workers, an unremarkable fact that contributed to demands for more equality for female delegates at the conference.

Tamsie Thomson, the director of the London festival of architecture, said the Presidents Club scandal had “just scratched the surface of the discrimination and harassment that women and other minorities are routinely subjected to in our industry”. Thomson launched the “the elephant in the room” campaign to encourage women and others to challenge any inappropriate or uncomfortable behaviour and distributed pink elephant badges to raise awareness.

The event and sector are obviously mired in sexist practices, including holding events where only male delegates feel fully welcome. But there’s a disquieting tendency to imply that the fact sex workers might be there somewhere is evidence of Something Being Very Wrong. “What other industry on the face of the earth in 2018 needs to remind businessmen that they can’t bring prostitutes to an industry conference,” asked Jane, a 29-year-old delegate from Manchester. “That alone tells you how backward property is.” Do they imagine that getting rid of sex workers helps fix inequality problems? This leap to pointing at prostitution smacks of scapegoating.

As I lamented in The New Abolitionist Model, banning badly paid jobs because they are objectifying and sexist punishes women in contexts where they haven’t got many options.

Is the proposition still that being a servant for pennies and a scant private life is better because it is more dignified? Or is it superior simply because it is not sex work? Either way, to focus always on the moral aspects of sexual labor means forever sidelining projects to improve working conditions and legal protections.

Surely it’s obvious that more kinds of work for better pay need to exist before jobs women prefer are prohibited, even with the disadvantages they entail. There’s where this kind of feminist needs to put her energy, and that goes for richer and poorer countries alike.

Footnote: Nowadays the Santiago coffee bars are called cafés con piernas, cafes with legs, and (of course) are now named as sites of sex exploitation. The photo at the top shows one example.

And, in case anyone thought this phenomenon is always gender-specific, see this photo by Bill Kobrin of the Art Students League Dream Ball, New York, 1953. Yes – the 1950s.

—Laura Agustín, the Naked Anthropologist

Trafficking: The globalisation of weak thinking and dumb language

hopeforjusticeukWhat isn’t on this list of signs of human trafficking? Has there ever been a vaguer term than abuse of vulnerability? It could describe being a parent or teacher easily. If informants are supposed to make a telephone call based on any of these signs – which is what this says – then heaven help the switchboards. No wonder Rescue-Industry groups have to ask for so much funding.

Lists of the so-called signs of being a victim of trafficking are now common, even placed in airports in hopes that victims may experience revelation and realise they need rescue. Such techniques demonstrate how the Rescue Industry institutionalises, submitting to funding guidelines written by government bureaucrats. The particular group that produced the list you see here have expanded from the US to the UK. It’s a sort of globalisation of weak thinking.

There are young people now who have grown up surrounded by campaigning against trafficking, unaware there is conflict about how to define the term. Some want to dedicate energy to combating what is figured as a modern social evil. Some compare themselves with 19th-century anti-slavery advocates and feel outraged that anyone would question what they are doing.

The field gets critiqued regularly, and I don’t always contribute when asked for comment. I regularly send a link to Dear Students of Sex Work and Trafficking (students can be taken as a general term for those who wish to inform themselves). I don’t want to repeat the same ideas over and over when it’s all easily findable on a website, and I don’t like reducing complexity to bullet points. I also think everything has been said, and claims that insights are new are untrue. Online Editors routinely splash every banal keyword into headlines, sometimes without reference to what the item actually contains. Exaggeration has taken over.

Recent inquiries roused me to sketch out a few basic ideas that take in the history.

mobilityThe Convention on Transnational Organised Crime was published in Palermo in 2000 by the UN Office on Drugs and Crime. Two protocols on human mobility were appended, one on trafficking, the other on smuggling. The process of defining these was long and conflictual and has been documented publicly. It was all supposed to pertain to undocumented migrants, a topic nearly always omitted from current commentary. I’ve written about these protocols more than once, particularly their genderedness and how sex is pointed to when the mobile people are women but not when they are men. The cover to my book Sex at the Margins used the image of mobility and human agency seen here.

After the Convention was published, the idea of trafficking began its ascent, and soon we who were interested in migration, sex work and labour policy realised it was useless for gaining equity or rights. The framework of the Convention is Crime – there is no fixing that. The assumption is this human mobility to work is fomented by criminals who use force and coercion against their victims – notions impossible to pin down because they vary infinitely amongst individuals according to momentary conditions. If you look at the footnotes opposing sides published on the language of the protocols you see how they argued about these keywords. Later some wag used the term sex trafficking, moving towards reductionism that is typical to the campaigning of moral entrepreneurs.

Behind this over-simplification and over-focus on sex lie real social inequalities and oppressions: migration policies that favour middle- and upper-class jobs, out-of-date notions of the formal economy and productive labour, young people who want to get away from home, job-seekers willing to take risks to make more money, laws that make commercial sex illegal, laws that make sweatshops illegal and there is more. To lump all this under a single term simply disappears the array of different situations, encourages reductionism and feeds into a moralistic agenda of Good and Evil. The term trafficking is an invention incapable of describing so many realities, and it does not help to reduce them all to two possibilities – the Free vs the Enslaved, the Autonomous vs the Coerced. In the case of those who sell sex it does not help to reduce them to Sex Workers vs Victims of Trafficking.

I am asked what better language would be, but the issue is not language, as though everything might be fixed by changing the words. The framework setting out the problems is good for nothing but policing. I suggest addressing specific injustices on their own terms. For example

-If the subject is runaway teenagers who don’t want to live with their parents or go to school and don’t have money or job-skills, then talk about that.

-If the subject is people who took a job that didn’t turn out the way they expected but they need the money so don’t leave it, then talk about that.

-If the subject is migrants who crossed borders with false papers so they are not legal to work at any job, then talk about that.

And so on. Get down to specifics, deal with real situations, stop arguing about ridiculous abstractions. Social policies do not have to be so dumb.

alice_cram

–Laura Agustín, the Naked Anthropologist

Sweden and prostitution law: the conditions of possibility

redup2The idea of criminalising the purchase of sex continues to be promoted round the world, usually as part of some politician’s campaign against immoral sex and the exploitation of children, with a subtext aimed at keeping women at home and migrants out. Sweden’s law is thrown out as the model, along with claims that prostitution is practically absent and trafficking nearly non-existent there. Neither of these has been proven. To explore this sort of claim, see tags to the right of this post (sweden, nordic model, laws, gender equality, for example.)

The banning-sex-purchase proposal has been made in countries as far away from Sweden as Brazil and India. Presented abstractly it sounds clear, simple and righteous. But local context and history make a big difference in how a proposed law can come to pass and operate on the ground (as opposed to in starry rhetoric). The Swedish context is unusual in the world, the conditions making this law (sexköpslagen) possible difficult to imagine outside the Nordic region. Nothing slapdash nor sudden was involved but rather deep history in a particular culture. This is not true of other countries that jump on the bandwagon because some politicians see their chance to make names based on simplistic moralising.

The following is an excerpt from a longer article I published a few months ago on the dysfunction of prostitution laws, the idea of whore stigma and the disqualification and actual murder of sex workers. For those who ask Where did the Swedish model come from? How could feminism have led to it? this provides a short version of what might be called an épistème – the epistemological field forming the conditions of possibility for knowledge in a given time and place.

Sweden and prostitution (from Prostitution Law and the Death of Whores, Jacobin, 15 August 2013)

The population of only nine and a half million is scattered over a large area, and even the biggest city is small. In Sweden’s history, social inequality (class differences) was early targeted for obliteration; nowadays most people look and act middle-class. The mainstream is very wide, while social margins are narrow, most everyone being employed and/or supported by various government programmes. Although the Swedish utopia of Folkhemmet – the People’s Home – was never achieved, it survives as a powerful symbol and dream of consensus and peace. Most people believe the Swedish state is neutral if not actually benevolent, even if they recognize its imperfections.

After the demise of most class distinctions, inequality based on gender was targeted (racial/ethnic differences were a minor issue until recent migration increases). Prostitution became a topic of research and government publications from the 1970s onwards. By the 1990s, eradicating prostitution came to be seen as a necessary condition for the achievement of male-female equality and feasible in a small homogeneous society. The solution envisioned was to prohibit the purchase of sex, conceptualized as a male crime, while allowing the sale of sex (because women, as victims, must not be penalized). The main vehicle was not to consist of arrests and incarcerations but a simple message: In Sweden we don’t want prostitution. If you are involved in buying or selling sex, abandon this harmful behavior and come join us in an equitable society.

Since the idea that prostitution is harmful has infused political life for decades, to refuse to accept such an invitation can appear misguided and perverse. To end prostitution is not seen as a fiat of feminist dictators but, like the goal to end rape, an obvious necessity. To many, prostitution also seems incomprehensibly unnecessary in a state where poverty is so little known.

These are the everyday attitudes that social workers coming into contact with Eva-Maree probably shared. We do not know the details of the custody battle she had been locked in for several years with her ex-partner. We do not know how competent either was as a parent. She recounted that social workers told her she did not understand she was harming herself by selling sex. There are no written guidelines decreeing that prostitutes may not have custody of their children, but all parents undergo evaluations, and the whore stigma could not fail to affect their judgements. For the social workers, Eva-Maree’s identity was spoiled; she was discredited as a mother on psycho-social grounds. She had persisted in trying to gain mother’s rights and made headway with the authorities, but her ex-partner was enraged that an escort could gain any rights and did all he could to impede her seeing them. The drawn-out custody process broke down on the day she died, since standard procedures do not allow disputing parents to meet during supervised visits with children.

In a 2010 report evaluating the law criminalizing sex-purchase, stigma is mentioned in reference to feedback they received from some sex workers:

The people who are exploited in prostitution report that criminalization has reinforced the stigma of selling sex. They explain that they have chosen to prostitute themselves and feel they are not being involuntarily exposed to anything. Although it is not illegal to sell sex they perceive themselves to be hunted by the police. They perceive themselves to be disempowered in that their actions are tolerated but their will and choice are not respected.

The report concludes that these negative effects “must be viewed as positive from the perspective that the purpose of the law is indeed to combat prostitution.” To those haunted by the death of Eva-Maree, the words sound cruel, but they were written for a document attempting to evaluate the law’s effects. Evaluators had been unable to produce reliable evidence of any kind of effect; an increase in stigma was at least a consequence.

Has this stigma discouraged some women from selling sex who might have wanted to and some men from buying? Maybe, but it is a result no evaluation could demonstrate. The report, in its original Swedish 295 pages, is instead composed of historical background, repetitious descriptions of the project and administrative detail. Claims made later that trafficking has diminished under the law are also impossible to prove, since there are no pre-law baseline statistics to compare to.

The lesson is not that Sweden’s law caused a murder or that any other law would have prevented it. Whore stigma exists everywhere under all prostitution laws. But Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice. The ex-partner’s fury at her becoming an escort may derive in part from his Ugandan background, but Sweden did not encourage him to view Eva-Maree more respectfully.

Some say her murder is simply another clear act of male violence and entitlement by a man who wanted her to be disqualified from seeing their children. According to that view, the law is deemed progressive because it combats male hegemony and promotes Gender Equality. This is what most infuriates advocates of sex workers’ rights: that the “Swedish model” is held up as virtuous solution to all of the old problems of prostitution, in the absence of any evidence. But for those who embrace anti-prostitution ideology, the presence or absence of evidence is unimportant.

***

Some of the immediate questions you might have, for instance on Gender Equality and State Feminism, are addressed in the full essay Prostitution Law and the Death of Whores. This kind of background is, of course, not interesting to everyone, and most of what I see on the topic talks about the law as Bad or Good. Discussions typical in parliamentary committees like the Irish are silly because they opt to accept banal lists of supposed successes in Sweden without acknowledging the difficulties of knowing effects at all. Activists on both sides tend to over-state their cases – practically the definition of much activism in social movements. For anyone interested in history, though, the background is crucial, and it can be seen as good news that it’s not so easy to simply transfer the logic of a law from one country to another: that kind of homogenised culture is not here yet.

Proof of the law’s effects are mostly unknowable so far. The state’s evaluation of the law in 2010 admitted ignorance of how to investigate commercial sex online and gave numbers only for street prostitution. This was a tiny number to begin with describing an activity that is diminishing. Claims that sex trafficking have decreased are meaningless since no baseline statistics were kept on this before the law was passed. The claims of eradicating either phenomenon are public-relations trivia. That politicians in other countries reproduce these claims in supposedly serious hearings demonstrates mediocrity and lack of interest in the subject. As I said above, the principle effect we can be sure of is

Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice.

Increases in stigma, social death and excuses to disqualify women who sell sex as autonomous beings are dire effects to a piece of legislation that emerged from a goal to achieve Gender Equality. Utopian visions can backfire, and this one has.

For another of my views of Sweden’s present State Feminists see Extremist Feminism in Swedish government: Something Dark

–Laura Agustín, the Naked Anthropologist

Women doing things again, on their own

fernandocoelhoGirlsYear beginning, low light and infantilising coverage of women combine to make me feel a bit lost for words but full of desire to publish pictures that resist the miserablism. Some of the women portrayed are probably offering sex for sale, but be careful about stereotyping when you imagine which ones they are. The exercise is to look not at whatever ‘patriarchal structures’ or economic problems push women into doing one thing or another but to see them as playing the cards they were dealt.

lesbianI avoid the language of choice, and the term agency is unfriendly but it’s what I mean. This is not about identities or job titles but existing in and moving through the world. It’s also not about love or family in any obvious sense or anyone’s nationality or what culture they were brought up in. Look elsewhere for downtrodden, caged, unhappy, passive, immobile victims with mouths bandaged so they cannot speak. I ran a bunch of photos a couple of times some years back – see Women Doing Things.

I suppose they are a peek into my subconscience, too. Anyway, happy 2014.

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–Laura Agustín, the Naked Anthropologist

What does the French prostitution law mean? Denial of consent

Borgen Season 3 Ep 25

At a conference on Sexual Citizenship and Human Rights the other week, I binned the talk I had prepared and instead gave a version of Sex at the Margins: Migration, Labour Markets and the Rescue Industry. It turned out both the other speakers on the panel were to address trafficking, one as a straightforward Rescue-Industry member, and I’m not capable of watching an innocent audience listen to that stuff without speaking up.

My new talk was called Denial of Consent, because previously at this event consent was mentioned continuously as a key human-rights concept in European sexuality law. How telling, then, that European specialists declaim adolescents’ right to consent to have sex at the same time that other Europeans declaim ever more often that most adult women and trans who sell sex have not consented. In anti-trafficking campaigns the claim is very often that these victims cannot speak/have no voice giving an excuse for others to ‘speak for’ them.

In Prostitution Law and the Death of Whores I focussed on the mechanism by which Rescuers – feminists, social workers, politicians, police – discredit what adult women say about their experiences of selling sex, thus disqualifying them as subjects in a discussion about their own fates. What they say varies widely, of course, but rather than engage in seeking policy that would allow individual experiences to become central and rather than listening with interest to what sexworker activists say and finding migrants to talk to, they claim to Know Better how they should think and feel. The mainstream television series Borgen included a scene in which the non-sexworker experts on a Copenhagen panel discussion of prostitution interrupt and scoff at the sole sexworker participant, demonstrating how well-known the mechanism of disqualification has become (photo above from Season 3, Episode 25). Refusal to believe in the consent of women who sell sex also contradicts widespread anti-rape campaigning that puts consent at the core of sexual relationships.

The law to be voted in France’s Assemblée today (4 December 2013) is the product of years of process and politicking, not only in France but in certain feminist networks in Europe. In April 2011 I wrote Europe’s anti-prostitution initiatives multiply: EU itself and now France, linking developments to the European Women’s Lobby campaign for A Europe Free from Prostitution. Last month I wrote, with Thierry Schaffauser, about how the testimony of sexworker activists have been deliberately disqualified from consideration by politicians and certain feminists in France. This is accomplished by claiming these activists are a privileged elite selfishly putting their own interests above those victims of sex trafficking said to be ‘voiceless’ and requiring others to speak for them. Alice Schwarzer, currently campaigning against Germany’s law regulating prostitution, referred to them recently as ‘a few cheerful prostitutes’, of no consequence compared to the miserable 95%.

It’s now 20 years since I first wondered how this refusal to listen operates, at a time when I lived far from Europe amongst very poor women, many of whom were thinking about travelling to Europe. Some already sold sex at home, many were thinking of doing it abroad, others did not want to sell sex but work as live-in maids. This means that my first thoughts and feelings were attached to a specific real-life situation in which I had no axe to grind, no interest one way or the other. In terms of research on women who sell sex I even had what can be called a control group – women of the same cohort who didn’t sell sex. I was unaware a conflict existed within feminism on the topic, I hadn’t read books about prostitution. I was just as interested in what women said about being maids, and I still am. I’ve commented frequently on how my original research question, before I knew what research was, really, concerned the presumption by middle-class women that they Knew Better than sex workers what they should do with their lives. When I studied for a Master’s and then a doctoral degree my focus was never on migrants but on people wanting to rescue them, and after some six or seven years I felt I had answered my original question in several ways. Read Sex at the Margins for details.

I have followed events closely in Europe now for 15 years, living in several different countries and visiting many others, sometimes for extended stays. France is a country I have known since a first school trip from London to Calais, maybe in 1961, and since then I have spent a lot of time there. So i closely watched the action in France’s Assemblée last Friday – not the rhetoric, which I know by heart, but the tones and nuances of speech by the proponents of the law. The auditorium was nearly empty, but all politicking was over; what happened on the floor was not debate but the formal rhetoric of presenting a proposition. Any suggestion from the opposition that the law was sloppily conceived was rebutted with arch-seriousness about how long and carefully proponents had worked on it. The media were accused of missing the point, said to be not penalising clients but protecting women who sell sex.

I do understand what Najat Vallaud-Belkacem, France’s Minister for Women’s Rights, wants to do. I’ve studied in depth what this one kind of feminism wants to achieve, i see how marvellous it sounds – a world without prostitution, a France in which State Feminism takes a daring step towards Gender Equality. Vallaud-Belkacem herself is a very different face for abolitionism from the more embittered and older radical feminists we’ve become used to: Gunilla Eckberg, Melissa Farley, Janice Raymond, Alice Schwarzer and others in every country. She is younger, prettier and was born in a colony, Morocco. French campaigneers have not leant on anti-trafficking rhetoric but on the classic idea that prostitution is a patriarchal institution that must be abolished – the arguments I read when I first started my formal studies in the late 90s. Unfounded numbers of trafficking victims are thrown out, yes, but I read the French effort as being more serious than that. The thing is neither slapdash nor hysterical but part of a sober attempt to change the European panorama, to shift the gaze from small-population Nordic countries never seen as important European players to the continent, to France – to the heart of real Europe. I see this shift as game-changing.

On the other hand, the reason i wrote Sex at the Margins still holds; nothing has improved for sex workers or for people called trafficked or for undocumented migrants in Europe. The anti-trafficking movement has diverted attention and money into everything but benefiting the women pitied in the first place. Campaigners have yet to comprehend how migrants, and a lot of other women, feel about doing high-stigma, risky, better-paying jobs – especially when the other options are practically non-existent. Rescuers’ fundamental project insists on the need to force people into leading lives considered better. It would appear they are incapable of imagining that others are different from themselves, that migrants perceive their options on the basis of their own life experiences and goals. The question is much bigger than Do you like selling sex? rather it is how the range of an individual’s needs, from sleeping patterns to children’s school schedules and the desire for consumer goods may lead them to prefer selling sex to everything else Rescuers can offer. In fact they offer little, which victims and non-victims alike understand.

Few sex workers are attracted by ‘exit strategies’ or ‘diversion programmes’. They hate being low-paid, disparaged, disrespected cleaners, nannies and maids. They don’t want to return to their countries as failed migrants. They don’t want to be poorer again. The sex act may be something they adapt to, learn to enjoy or close their eyes and endure, but if doing it provides more freedom, autonomy, flexibility or hope then it can be preferred, whether people were born in France, China, Nigeria or Brazil. The majority have consented to sell sex, somehow or other, to some degree. Insisting that they leave the milieu when there is so little to offer them is the opposite of kind. In the Rescue Industry protagonists are those who appoint themselves to ‘accompany’ victims out of the life, not those being saved. The consent of adult women is denied en masse.

The French law, apart from the fine of 1500€ for clients arrested the first time, is all about Rescue. The frame is France does not welcome prostitution, meaning prostitution must cease to exist there. It’s estimated at least 80% of sex workers in France moved there from somewhere else, some with the right to remain and look for other jobs. Other migrants are offered 336€ a month for six months if they promise to stop selling sex; since this is far from enough to live on it’s obviously hoped they will leave more quickly, moving to someone else’s country, putting the proposition in the NIMBY tradition – Not in My Back Yard. Street soliciting, outlawed by Sarkozy in 2003 but for many years tolerated or enforced unevenly in different cities, would be permitted again. The law’s backers claim this to be a kind step, but street sex workers say clients will only insist on going to less accessible, more dangerous places to have sex. Besides, local ordinances against street soliciting can be and have been passed at the city level; Lyon is an example.

Logistically the law was informally voted on last Friday. Today is the formal vote. If it passes it is sent to the Sénat, where two scenarios are possible: It passes and goes into effect or it is rejected and sent back to the Assemblée with amendments. In the latter case, the Assemblée vote on a new version that goes back to the Sénat. If the Sénat reject that, a commission paritaire would be named, half from the Sénat, half from the l’Assemblée. The version produced by this commission would then be voted on by the Assemblée, who have the last word. (Thanks to Morgane Merteuil of STRASS for clarifying this process. See their website for other information).

I have loads of links to videos and articles I’ll try to put up soon.

–Laura Agustín, the Naked Anthropologist

Prostitution Law & the Death of Whores in Jacobin Magazine

This essay ran first in Jacobin and was picked up by Salon and given a different title. Comments on the different slants to come soon.

Prostitution Law and the Death of Whores

Laura Agustín, Jacobin, 15 August 2013

It doesn’t matter which political direction you come from: the topics of sex work, sexual exploitation, prostitution and sex trafficking seem like a veritable Gordian Knot. As long as you listen to one set of advocates and take their evidence in good faith, you are okay. But the minute you listen to another set of advocates with different arguments and evidence, everything falls apart. The way these subjects intersect leads to untenable contradictions that make progress seem impossible. Hand-wringing and ideological free-for-alls predominate.

Twenty years ago I first asked two questions that continue to unsettle me today. The first is answerable: What does a woman who sells sex accomplish that leads to her being treated as fallen, beyond the pale, incapable of speaking for herself, discountable if she does speak, invisible as a member of society? The answer is she carries a stigma. The second question is a corollary: Why do most public conversations focus on laws and regulations aimed at controlling these stigmatized women rather than recognizing their agency? To that the answer is not so straightforward.

I am moved to make this assessment after the murder of someone I knew, Eva-Maree Kullander Smith, known as Jasmine. Killed in Sweden by an enraged ex-partner, Eva-Maree was also a victim of the social death that befalls sex workers under any name you choose to call them. Immediately after the murder, rights activists cursed the Swedish prostitution law that is promoted everywhere as best for women. My own reaction was a terrible sinking feeling as I realized how the notion of a Rescue Industry, named during my research into the “saving” of women who sell sex, was more apt than even I had thought.

Murders of sex workers are appallingly frequent, including serial killings. In Vancouver, BC, Robert Pickton killed as many as 26 between 1996 and 2001 before police cared enough to do anything about it. Gary Ridgeway, convicted of killing 49 women in the 1980s-90s in the state of Washington, said, “I picked prostitutes because I thought I could kill as many of them as I wanted without getting caught.” Infamous statements from police and prosecutors include the Attorney General’s at Peter Sutcliffe’s 1981 trial for the murder of at least 13 women in the north of England: “Some were prostitutes, but perhaps the saddest part of this case is that some were not.” He could say this because of a ubiquitous belief that the stigma attached to women who sell sex is real – that prostitutes really are different from other women.

My focus on the female is deliberate. All who propose prostitution policy are aware that men sell sex, but they are not concerned about men, who simply do not suffer the disgrace and shame that fall on women who do it.

Stigma and disqualification

Many people have only a vague idea what the word stigma means. It can be a mark on a person’s body – a physical trait, or a scarlet letter. It can result from a condition like leprosy, where the person afflicted could not avoid contagion. About his selection of victims Sutcliffe said he could tell by the way women walked whether or not they were sexually “innocent”.

Stigma can also result from behaviors seen to involve choice, like using drugs. For Erving Goffman, individuals’ identities are “spoiled” when stigma is revealed. Society proceeds to discredit the stigmatized – by calling them deviants or abnormal, for example. Branded with stigma, people may suffer social death – nonexistence in the eyes of society – if not physical death in gas chambers or serial killings.

In the late 1990s I wondered why a migrant group that often appeared in media reports and was well-known to me personally was absent from scholarly migration literature. I came to understand that migrant women who sell sex were disqualified as subjects of migration, in some perhaps unconscious process on the part of scholars and journal editors. Was the stigma attached to selling sex so serious that it was better not to mention these migrants at all? Or did people think that the selling of sex must transport anything written about it to another realm, such as feminism? When I submitted an article to a migration journal addressing this disqualification, The Disappearing of a Migration Category: Women Who Sell Sex, two and a half years passed before its publication, probably because the editor could locate no peer reviewers willing to deal with my ideas.

Of the many books on prostitution I read back then, most dismissed the possibility that women who sell sex can be rational, ordinary, pragmatic and autonomous. The excuses followed a pattern: The women didn’t understand what they were doing because they were uneducated. They suffered from false consciousness, the failure to recognize their own oppression. They were addicted to drugs that fogged their brains. They had been seduced by pimps. They were manipulated by families. They were psychologically damaged, so their judgements were faulty. If they were migrants they belonged to unenlightened cultures that gave them no choices. They were coerced and/or forced by bad people to travel, so they weren’t real migrants, and their experiences didn’t count. Because they were brainwashed by their exploiters, nothing they said could be relied on. This series of disqualifications led to large lacunae in social-scientific literature and mainstream media, showing the power of a stigma that has its very own name – whore stigma. Given these women’s spoiled identities, others feel called to speak for them.

Rescue Industry, legal regimes and stigma

The person in a helping profession or campaign is said to embody the good in humanity – benevolence, compassion, selflessness. But helpers assume positive identities far removed from those spoiled by stigma, and benefits accrue to them: prestige and influence for all and employment and security for many. Many believe that helpers always know how to help, even when they have no personal experience of the culture or political economy they intervene in. What I noted was how, despite the large number of people dedicated to saving prostitutes, the situation for women who sell sex never improves. The Construction of Benevolent Identities by Helping Women Who Sell Sex was the key that unlocked my understanding of the Rescue Industry.

Abolitionists talk continuously about prostitution as violence against women, set up projects to rescue sex workers and ignore the dysfunctionality of much that is conceived as “rehabilitation”. Contemporary abolitionism focuses largely on the rescue of women said to be victims of trafficking, targeting the mobile and migrant women I mentioned earlier, who are now completely disappeared in a narrative of female victimhood. Although much of this goes on under a feminist banner, colonialist maternalism describes it better.

In classic abolitionism, whore stigma is considered a consequence of patriarchy, a system in which men subjugate women and divide them into the good, who are marriageable, and the bad, who are promiscuous or sell sex. If prostitution were abolished, whore stigma would disappear, it is claimed. But contemporary movements against slut-shaming, victim-blaming and rape culture clearly show how whore stigma is applied to women who do not sell sex at all, so the claim is feeble. Instead, abolitionism’s aversion to prostitution probably strengthens the stigma, despite the prostitute’s demotion to the status of victim rather than the transgressor she once was.

Under prohibitionism, those involved in commercial sex are criminalized, which directly reproduces stigma. In this regime, the woman who sells sex is a deliberate outlaw, which oddly at least grants her some agency.

For advocates of the decriminalization of all commercial-sex activities, the disappearance of whore stigma would occur through recognizing and normalizing the selling of sex as labor. We don’t yet know how long it may take for stigma to die out in places where some forms of sex work are decriminalized and regulated: New Zealand, Australia, Germany, Holland. Given the stigma’s potency in all cultures one would expect it to diminish unevenly and slowly but steadily, as happened and continues to happen with the stigma of homosexuality around the world.

Prostitution law and national moralities

I explained my skepticism about prostitution law at length in an academic article, Sex and the Limits of Enlightenment: The Irrationality of Legal Regimes to Control Prostitution. All prostitution laws are conceived as methods to control women who, before ideas of victimhood took hold, were understood to be powerful, dangerous figures associated with rebellion, revolt, carnival, the world upside down, spiritual power and calculated wrongdoing. Conversations about prostitution law, no matter where they take place, argue about how to manage the women: Is it better to permit them to work out of doors or limit them to closed spaces? How many lap-dancing venues should get licenses and where should they be located? In brothels, how often should women be examined for sexually transmitted infections? The rhetoric of helping and saving that surrounds laws accedes with state efforts to control and punish; the first stop for women picked up in raids on brothels or rescues of trafficking victims is a police station. Prostitution law generalizes from worst-case scenarios, which leads directly to police abuse against the majority of cases, which are not so dire.

In theory, under prohibitionism prostitutes are arrested, fined, jailed. Under abolitionism, which permits the selling of sex, a farrago of laws, by-laws and regulations give police a myriad of pretexts for harrying sex workers. Regulationism, which wants to assuage social conflict by legalizing some sex-work forms, constructs non-regulated forms as illegal (and rarely grants labor rights to workers). But eccentricities abound everywhere, making a mockery of these theoretical laws. Even Japan’s wide-open, permissive sex industry prohibits “prostitution” defined as coital sex. And in recent years a hybrid law has arisen that makes paying for sex illegal while selling is permitted. Yes, it’s illogical. But the contradiction is not pointless; it is there because the goal of the law is to make prostitution disappear by debilitating the market through absurd ignorance of how sex businesses work

Discussion of prostitution law occurs in national contexts where rhetoric often harks back to essentialist notions of morality, as though in this highly-travelled, hybrid-culture world it were still possible to talk about authentic national character, or as though “founding father” values must define a country for all time. One intervenor at the recent Canadian Supreme Court hearing on prostitution law argued that decriminalization would defy founding values of “the Canadian community”: “that women required protection from immoral sexual activity generally and prostitution specifically” and “strong moral disapproval of prostitution itself, with a view to promoting gender equality”. The national focus clashes with anti-trafficking campaigns that not only claim to use international law but sponsor imperialist interventions by western NGOs into other countries, notably in Asia, with the United States assuming a familiar meddling role vis-à-vis Rest-of-World.

Gender Equality, State Feminism and intolerance

Gender Equality is now routinely accepted as a worthy principle, but the term is so broad and abstract that a host of varying, contradictory and even authoritarian ideas hide behind it. Gender Equality as a social goal derives from a bourgeois feminist tradition of values about what to strive for and how to behave, particularly regarding sex and family. In this tradition, loving committed couples living with their children in nuclear families are society’s ideal citizens, who should also go into debt to buy houses and get university educations, undertake lifetime “careers” and submit to elected governments. Although many of these values coincide with long-standing governmental measures to control women’s sexuality and reproduction, to question them is viewed with hostility. The assumption is that national governmental status quos would be acceptable if women only had equal power within them.

Gender Equality began to be measured by the UN in 1995 on the basis of indicators in three areas: reproductive health, empowerment and the labor market. Arguments are endless about all the concepts involved, many seeing them as favouring a western concept of “human development” that is tied to income. (How to define equality is also a vexed question.) Until a couple of years ago, the index was based on maternal mortality ratio and adolescent fertility rate (for health), share of parliamentary seats held by sex plus secondary/higher education attainment (for empowerment) and women’s participation in the work force (for labor). On these indicators, which focus on a narrow range of life experiences, northern European countries score highest, which leads the world to look there for progressive ideas about Gender Equality.

These countries manifest some degree of State Feminism: the existence of government posts with a remit to promote Gender Equality. I do not know if it is inevitable, but it is certainly universal that policy promoted from such posts ends up being intolerant of diverse feminisms. State Feminists simplify complex issues through pronouncements represented as the final and correct feminist way to understand whatever matter is at hand. Although those appointed to such posts must demonstrate experience and education, they must also be known to influential social networks. Unsurprisingly, many appointed to such posts come from generations for whom feminism meant the belief that all women everywhere share an essential identity and worldview. Sometimes this manifests as extremist, fundamentalist or authoritarian feminism. Sweden is an example.

Sweden and prostitution

Jämställdhet, Photo Malinka Persson

The population of only nine and a half million is scattered over a large area, and even the biggest city is small. In Sweden’s history, social inequality (class differences) was early targeted for obliteration; nowadays most people look and act middle-class. The mainstream is very wide, while social margins are narrow, most everyone being employed and/or supported by various government programmes. Although the Swedish utopia of Folkhemmet – the People’s Home – was never achieved, it survives as a powerful symbol and dream of consensus and peace. Most people believe the Swedish state is neutral if not actually benevolent, even if they recognize its imperfections.

After the demise of most class distinctions, inequality based on gender was targeted (racial/ethnic differences were a minor issue until recent migration increases). Prostitution became a topic of research and government publications from the 1970s onwards. By the 1990s, eradicating prostitution came to be seen as a necessary condition for the achievement of male-female equality and feasible in a small homogeneous society. The solution envisioned was to prohibit the purchase of sex, conceptualized as a male crime, while allowing the sale of sex (because women, as victims, must not be penalized). The main vehicle was not to consist of arrests and incarcerations but a simple message: In Sweden we don’t want prostitution. If you are involved in buying or selling sex, abandon this harmful behavior and come join us in an equitable society.

Since the idea that prostitution is harmful has infused political life for decades, to refuse to accept such an invitation can appear misguided and perverse. To end prostitution is not seen as a fiat of feminist dictators but, like the goal to end rape, an obvious necessity. To many, prostitution also seems incomprehensibly unnecessary in a state where poverty is so little known.

These are the everyday attitudes that social workers coming into contact with Eva-Maree probably shared. We do not know the details of the custody battle she had been locked in for several years with her ex-partner. We do not know how competent either was as a parent. She recounted that social workers told her she did not understand she was harming herself by selling sex. There are no written guidelines decreeing that prostitutes may not have custody of their children, but all parents undergo evaluations, and the whore stigma could not fail to affect their judgements. For the social workers, Eva-Maree’s identity was spoiled; she was discredited as a mother on psycho-social grounds. She had persisted in trying to gain mother’s rights and made headway with the authorities, but her ex-partner was enraged that an escort could gain any rights at all and did all he could to impede her. The drawn-out custody process broke down on the day she died, since standard procedures do not allow disputing parents to meet during supervised visits with children.

In a 2010 report evaluating the law criminalizing sex-purchase, stigma is mentioned in reference to feedback they received from some sex workers:

The people who are exploited in prostitution report that criminalization has reinforced the stigma of selling sex. They explain that they have chosen to prostitute themselves and feel they are not being involuntarily exposed to anything. Although it is not illegal to sell sex they perceive themselves to be hunted by the police. They perceive themselves to be disempowered in that their actions are tolerated but their will and choice are not respected.

The report concludes that these negative effects “must be viewed as positive from the perspective that the purpose of the law is indeed to combat prostitution”. To those haunted by the death of Eva-Maree, the words sound cruel, but they were written for a document attempting to evaluate the law’s effects. Evaluators had been unable to produce reliable evidence of any kind of effect; an increase in stigma was at least a consequence.

Has this stigma discouraged some women from selling sex who might have wanted to and some men from buying? Maybe, but it is a result no evaluation could demonstrate. The report, in its original Swedish 295 pages, is instead composed of historical background, repetitious descriptions of the project and administrative detail. Claims made later that trafficking has diminished under the law are also impossible to prove, since there are no pre-law baseline statistics to compare to.

The lesson is not that Sweden’s law caused a murder or that any other law would have prevented it. Whore stigma exists everywhere under all prostitution laws. But Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice. The ex-partner’s fury at her becoming an escort may derive in part from his Ugandan background, but Sweden did not encourage him to view Eva-Maree more respectfully.

Some say her murder is simply another clear act of male violence and entitlement by a man who wanted her to be disqualified from seeing their children. According to that view, the law is deemed progressive because it combats male hegemony and promotes Gender Equality. This is what most infuriates advocates of sex workers’ rights: that the “Swedish model” is held up as virtuous solution to all of the old problems of prostitution, in the absence of any evidence. But for those who embrace anti-prostitution ideology, the presence or absence of evidence is unimportant.

When media are king

Media handling of these incidents reproduces stigma with variation according to local conditions. The mainstream Swedish press did not mention that Eva-Maree was an escort, because to do so would have seemed to blame her and blacken her name. In the case of a series of murders in Ipswich, England, the media’s relentless talk of prostitutes led the victims’ parents to request they use the term sex workers. A number of dead women on Long Island, NY, were discussed as almost “interchangeable – lost souls who were gone, in a sense, long before they actually disappeared” (Robert Kolker, New York Times, 29 June 2013). A woman murdered recently near Melbourne, Australia, was called “St Kilda prostitute” rather than “sex worker” or even, simply, “woman”, in a place where the concept of sex work is actually on its bumpy way to normalization. I’m talking here about the mainstream, whose online articles are reproduced over and over, hammering in the clichés.

Editors who append photos to articles on the sex industry use archetypes: women leaning into car windows, sitting on bar stools, standing amidst traffic – legs, stockings and high heels highlighted. Editors do this not because they are too lazy to find other pictures but to show, before you read a word, what the articles are really about: women whose uniform is the outward sign of an inner stain. Similarly, when writers and editors use the clichéd language of a “secret world”, “dark underbelly”, “stolen childhoods”, “seedy streets” and “forbidden fruit”, they are not simply being sensationalist but pointing to the stigma: Here’s what this news is really about – the disgusting and dangerous but also eternal and thrilling world of whores.

Cutting the Gordian Knot

Not long ago I was invited to speak at the Dublin Anarchist Bookfair on the topic of sex work as work. The announcement on Facebook provoked violent ranting: to have me was anti-feminist, against socialism and a betrayal of anarchism. I wrote Talking about sex work without isms to explain why I would not discuss feminist arguments in the short Dublin talk. I’m not personally interested in utopias and after 20 years in the field really only want to discuss how to improve things practically in the here and now. No prostitution law can comprehend the proliferation of businesses in today’s sex industry or account for the many degrees of volition and satisfaction among workers. Sexual relations cannot be “fixed” through Gender-Equality policy. If I were Alexander standing over the knot I would slice it thus: All conversations from this moment will begin from the premise that we will not all agree. We will look for a variety of solutions to suit the variety of beliefs, and we will not compete over which ideological position is best. Most important, we will assume that what all women say is what they mean.

LAURA AGUSTÍN is author of Sex at the Margins: Migration, Labour Markets and the Rescue Industry (Zed Books). A researcher and analyst of human trafficking, undocumented migration and sex-industry research for the past 20 years, she blogs as The Naked Anthropologist.


Second-wave feminism: Revolution, not Rescue

In some country far away, in a box I left in someone’s attic or garage decades ago, there is a copy of this newsletter, which I bought in June 1968. I can see myself holding it, in a tiny apartment on Bank Street in New York’s Greenwich Village, when it was not the hyper-chic area it is now. The single-burner hotplate sits on a shelf, the bathroom sink is cluttered with dirty dishes, and it is all for me alone.

In Notes from the First Year Shulamith Firestone asked:

What does the word ‘feminism’ bring to mind? A granite faced spinster obsessed with a vote? Or a George Sand in cigar and bloomers, a woman against nature? Chances are that whatever image you have, it is a negative one. To be called a feminist has become an insult, so much so that a young woman intellectual, often radical in every other area, will deny vehemently that she is a feminist, will be ashamed to identify in any way with the early women’s movement, calling it cop-out or reformist or demeaning it politically without knowing even the little that is circulated about it. . . Notes from the First Year. The New York Radical Women, 1968.

Are you surprised anyone would say that in 1968? I discovered Firestone and I were the same age when she died the other day. We also looked superficially alike: granny glasses assured that, though my own hair would never lie down Rapunzel-like (no extant photos of me, though). I met her once briefly but never attended the meetings where her particular feminist theory was made.

Nowadays people talk as though all women interested in liberation in the 1960s were thinking the same thing, but it wasn’t like that. It was a movement of women, with all sorts of ideas being bandied around simultaneously. There weren’t any leaders. The material in Notes from the First Year was exciting, but I did not think that I was outside the cool centre because I did not sit in rooms with serious theorists calling themselves radical. My ideas were ill-formed, and I couldn’t have written a book about them, but I wouldn’t have wanted to, either – I was too busy living.

Some people cannot abide anything about what’s now called second-wave feminism because of how some of its ideas have panned out all these decades later. Maybe it’s easier for me to distinguish all the variety because I was there at that particular beginning. Most feminist ideas from that period are now accepted as obvious; few people would argue with them. But some were provocative and mind-bending, such as Firestone’s idea that women were a class – an underclass subordinated to men because of biology. But it was also only one of a lot of ideas flying around.

When I nearly ran into Catherine MacKinnon a couple of years ago in Basel, I commented that we are more or less the same age, too. Her ideas have not changed over all these decades; she goes on saying the same thing over and over, in the case of prostitution still citing a study from 1976 that proves all prostitutes were abused as children. It is very annoying that a few fanatics claim to speak for everyone interested in women’s movements in the 60s and 70s, as I wrote in Extremist Feminism: Something Dark.

At New Slave Trade or Moral Panic?, a panel on trafficking at London’s Battle of Ideas in 2010, I said contemporary ideas about women’s innate sexual vulnerability are a big step backward. Firestone thought biology was key and so do today’s victimising fundamentalists. But Firestone and friends advocated revolution: women seizing power, achieving autonomy, throwing off their chains, taking responsibility, taking risks. The Rescue Industry, in contrast, has infantilised women by inserting itself between them and the forces oppressing them, supposedly in order to protect them.


The full panel and some audience interventions are on the Battle of Ideas’s website. Thanks to Carol Leigh for putting together this Naked Anthropologist clip.

I still cannot get over how a gender expert hearing me speak at the International Development Institute in Sussex exclaimed, in some distress, that it is irresponsible for me to talk like this. I’m supposed to have betrayed original, fundamental tenets of feminism. Sigh – the ideas flying around during this era certainly don’t thrill me, that’s for sure.

Laura Agustín, the Naked Anthropologist

One London borough wants to End Demand: Clients of sex workers beware


A friend took these photos of a parked van while having a drink in Brixton, in the London borough of Lambeth (where Waterloo Station is). Buy Sex – Pay the Price is the message, with a man’s silhouette as a sort of parody of the cliché prostitute silhouette. At first I thought this bad boy was smoking, but on closer inspection I see he is looking at a phone.

According to the sign, the consequences of getting caught buying sex are:

– be arrested
– be convicted
– receive an anti-social behaviour order
– lose your job

– lose respect from family and friends

However: No borough can unilaterally criminalise something just because they want to; they have to follow official law. Several laws prohibit particular client behaviours in the UK: paying for sex with someone found to be controlled for another person’s gainkerb-crawling and soliciting women for (sex) business. Perhaps the campaign means Lambeth police will be more aggressive in pursuing these laws. I wrote about the more drastic version of the legislation about gain when it was being considered, but all my arguments still apply to the watered-down version.

But the way the advert is worded does imply that End Demand has been imposed in a single London borough – and presumably some people will believe it, or feel too worried to do something they want to that is not actually illegal – pay for sex with an independent worker, for example, or tip a stripper or lap-dancer. This is what social-purity campaigns do: make at least some people feel worried and guilty so that they repress themselves. The advertisements were funded by Lambeth council’s Violence Against Women campaign, described in this press release.

Social Purity campaigns were linked to gender equality a hundred years ago, too – with a good deal more cause: women didn’t have the vote. That social purity as an ideal should be back in crude form in cosmopolitan Lambeth might derive from the abolitionist presence of Eaves Housing for Women, where the Poppy Project is sheltered, in the borough. Or will this idea spread to other boroughs?

–Laura Agustín, the Naked Anthropologist

Girls who buy sex from beach boys: Sex tourism in Bali

beach boys sex touristsBeach boys and women sex tourists: every journalist’s dream topic. A Swiss television reporter interviewed me about a documentary he was making, incorporating footage from Cowboys in Paradise, a film about Kuta Beach in Bali. I happened to be in Basel, nearly missing Catherine MacKinnon when the reporter contacted me, so he came into the room where I was giving a talk and interviewed me afterwards. Some bits of those are cut into this 11-minute television clip, and although most of the English and Indonesian are overlaid with German, the pictures are good and you can follow the narrative easily. Note especially the testimonies of two women: one is the young wife of a beach boy who feels okay about how he makes his money and the other is a young Swede who asks why she shouldn’t have whatever sex she wants.

[The original embed-code is kaput so here’s a link to the video. Note here the tourists are young women. Reporters want to know if the boys are ‘really’ prostitutes and why the girls are paying; they have trouble figuring out who is exploiting whom. It’s a bias, of course, to insist someone has to be exploiting since money and sex are involved, rather than seeing these as ordinary relationships, the kind that travelling people have been having since human life began. Some want to believe that women are morally better than men and therefore won’t pay for sex just because they have the money and freedom to allow them to fly to places like Bali and do it. I don’t think women have any moral traits as a class, and the fact that some like these breezy holiday situations the same way men do doesn’t surprise me. (That’s why I end up laughing during interviews like this – because to me what I am saying is just common sense not requiring any professorial analysis.) There’s a theory that women are more keen to be romanced than men, which I consider pretty silly since plenty of male tourists have stars in their eyes and are wound around the little fingers of those poorer women they are said to be exploiting.

Then some want to see these largely white-skinned women as racist, an interpretation I also don’t share, for the same reason: travellers like to meet others who seem interesting and different; they like to talk, drink, eat, dance, tour and have sex with them. That’s banal. In such situations, travellers often can and are willing to pay for their fun, and since I don’t see having sex as different from those other activities I’d have to condemn travel itself if I am going to condemn the sex. Unless people are wanting a condemnation of global economic inequalities that mean the beach boys don’t have lots of other great ways to make money: well, fine, I condemn that. But please note that the boys interviewed here find pleasuring tourists a lot easier and more fun than other jobs. And that they don’t see themselves as sex workers or as prostitutes; no professional identity need attach to ambiguous relationships. Is this all the erotic side of imperialism? I guess so. But we are all caught up in it; there is no perfectly clean place to stand; telling people to stay home is no solution, whether they are tourists or migrants.

Other stories about sex tourism here.

–Laura Agustín, the Naked Anthropologist

Sex workers and Violence against Women: Utopic Visions or Battle of the Sexes?

The other day, discussing the recommendation that DNA should be taken from men who buy sex, I ended with a question: how can anyone maintain a utopic vision about gender equality that relies on punishing so many people as criminals? That reminded me I had asked the same question in an article published more than ten years ago.

Although I wouldn’t write it exactly the same way now, I stand by its basic ideas. If Gender Equality is one of feminism’s goals, how can we imagine it without reducing everything to black and white, perpetrator and victim, crime, crime, crime? Click for the pdf or keep reading here.

Sexworkers and Violence Against Women: Utopic Visions or Battle of the Sexes?

Laura Maria Agustín

Development, 44.3, 107-110 (2001)

Sexual exploitation and prostitution

In the movement to construct a discourse of ‘violence against women’, and thus to raise consciousness about kinds of mistreatment which before were invisible, the stage has been reached where defining crime and achieving punishment appears to be the goal. While it is progressive to raise consciousness about violence and exploitation in an attempt to deter the commitment of crimes, I hope to show that the present emphasis on discipline is very far from a utopic vision and that we should now begin to move toward other suggestions for solutions.

The following argument uses the example of prostitution or ‘sexual exploitation’ as an instance of ‘violence against women’, but the approach can apply to any attempt to deal with not only definitions of gender and sexual violence but with proposals to deal with them. When applied to adult prostitution, the term ‘sexual exploitation’ attempts to change language to make ‘voluntary’ prostitution impossible. For those who wish to ‘abolish’ prostitution, therefore, this change in terms represents progress, for now language itself will not be complicit with the violence involved. For those who may or may not want to ‘abolish’ prostitution but who in the present put the priority on improving the everyday lot of prostitutes, this language change totalizes a variety of situations involving different levels of personal will and makes it more difficult to propose practical solutions. When applied to the prostitution of children, the term ‘sexual exploitation’ represents a project to change perceptions about childhood. For those who believe that the current western model of childhood as a time of innocence should become the ‘right’ of all children in the world, this term is very important.

Criminalization of clients

Efforts to change sexist, racist and other discriminatory forms of language have long been a focus of projects of social justice in western societies, and the push to define ‘violence against women’ clearly forms part of this movement. Along with this, we see a strong move to have actions that fall within these new definitions proclaimed as crimes and their perpetrators punished. If prostitution is globally redefined as sexual exploitation (by ‘globally’ I mean that no distinctions are made according to whether prostitutes say they ‘chose’ sex work to any extent), therefore, all those who purchase sexual services, called usually ‘clients’, become ‘exploiters’.

Obviously, different terms function better or coincide more with different situations, but when social movements consciously work to change language they almost inevitably eliminate these differences. Since there are still plenty of places in the world where prostitutes are simplistically viewed as evil, contaminated, immoral and diseased, campaigns to change language so as to see the lack of choice and elements of exploitation in prostitutes’ situations are positive efforts to help them. Why, then, do these positive efforts have to be based on finding a different villain, to replace the old one?

I am referring to the discipline-and-punishment model that these efforts to change language and change perception inevitably use: in constructing a victim they also construct a victimizer—the ‘exploiter’, the bad person. After that, it is inevitable that punishment becomes the focus of efforts: passing laws against the offense and deciding what price the offender should pay. This model of ‘law and order’ is familiar to most of us as an oppressive, dysfunctional criminal justice system. We know that prisons rarely rehabilitate offenders against the law; we know that in some countries prison conditions are so bad that riots occur frequently, and if they don’t, perhaps they should. We also know that it is usually extremely difficult to prove sexual offenses (because of how the law is constructed, because of the difficulty of all these definitions of victimization, because legal advice can find ways out, etc.). Yet we continue to insist on better policing and more effective punishment, as though we didn’t know all of this.

International regulations on trafficking and sexual exploitation

My own work examines both the discourses and the practical programming surrounding the European phenomenon of migrant prostitution, the term used to describe non-Europeans working in the European sex industry (and, indeed, everyone who travels from one place to another in that vast network of diverse businesses). In most countries of the European Union, migrants appear now to constitute more than half of working prostitutes, and in some countries possibly up to 90 percent (Tampep, 1999). This situation has caused a change in the thinking on violence: now ‘traffickers’ of sex workers are discussed more than their clients. Because so many of the migrants come from ‘third world’ countries, ‘trafficking’ discourses have become a forum for addressing ‘development’ projects such as structural adjustment policies of the International Monetary Fund. But the more active debates have concerned violence, in a way that constructs them as organized crime.

One of the fora of this highly conflictive discussion was the United Nations Commission for the Prevention of Crime and Penal Justice, which met various times in Vienna to elaborate protocols on the trafficking of migrant workers. Two distinct lobbying groups argued over definitions of words such as consent, obligation, force, coercion, deceit, abuse of power and exploitation. Two distinct protocols were produced, one which applies to the ‘trafficking of women and children’ while the other to ‘smuggling of migrants’. The gender distinction is clear, expressing a greater disposition of women –along with children– to be deceived (above all about sex work), and also expressing an apparently lesser disposition to migrate. Men, on the other hand, are seen as capable of migrating but of sometimes being handled like contraband, thus the word agreed on is not trafficking but smuggling. The resulting protocols now form part of the UN Convention Against Transnational Organized Crime (UN, 2000), which member countries will debate individually and decide to sign or not.

What is the problem? In an effort to save as many victims as possible, the protocols totalize the experience of all women migrants working in the sex industry, and all those who help them migrate—a wide array of family, friends, lovers, agents and entrepreneurs, as well as small-time delinquents and (probably, but this is not proved) big-time criminal networks—are defined as traffickers. Every kind of help, from preparing false working papers, visas or passports to meeting migrants at the airport and finding them a place to stay, is defined as the crime of trafficking.

The Coalition Against Trafficking in Women (CATW) specifically tries, both at the Vienna meetings and internationally, to fuse the two concepts of ‘trafficking’ and ‘prostitution’ and to define them both as crimes of violence against women. Not only everyone who helps people migrate and work in the sex industry but everyone who buys sexual services ends up defined as an exploiter, a rapist and a criminal. CATW favours legislation to penalize clients of prostitutes (CATW, 2000).

The booming sex market

The problem with proposing the penalization of sexual ‘exploiters’, or clients of prostitutes, comes from the magnitude of the phenomenon, which is almost never confronted. Statistics are unreliable for all sectors of an industry overwhelmingly unrecognized legally or in government accounting, and which operates informally and relies on bribes, legal loopholes and facades. However, we can understand from the many studies of different aspects of the sex industry that it is booming. Prostitution and exploitation sites are so numerous everywhere that customers cannot be exceptional cases (yet they are often spoken of as if they were ‘perverts’ or ‘deviants’). Rather it is clear that adult and adolescent men everywhere consider it permissible to buy sexual services, and some estimates calculate that most men do it at some time in their lives.

More than 20 years ago, one Roman prostitute calculated this way:

Rome was known to have 5,000 prostitutes. Let’s say that each one took home at least 50,000 liras a day. Men don’t go more than once a day. That means that for someone who asked 3,000 liras in a car, to arrive at 50,000 she had to do a lot, maybe twenty or so. Figure it out, 20 times 5,000 comes to 100,000 clients. Since it’s rare for them to go every day, maybe they go once or twice a week, the total comes to between 400,000 and 600,000 men going to whores every week. How many men live in Rome? A million and a half. Take away the old men, the children, the homosexuals and the impotent. I mean, definitely, more or less all men go. (Cutrufelli, 1988: 26, author’s translation)

Continue reading

Sex on Sunday: Call Girls, good and bad

Nowadays we hear escort more often, but not that long ago call girl was the symbol of high-class prostitution and savvy sex workers. Here are some  images and a video version of Butterfield 8 that pretends the protagonist was just a slut. The imagery dates from recent enough times, when sexual liberation was a term masking gender inequality and sexism. A typical device was to grant bad women agency a ruse we now see through but in some ways preferable to current victim imagery. This is interesting if one likes thinking about all aspects of culture change in reference to commercial sex, not just politicians’ and feminists’ statements (which provide only a narrow understanding of what’s going on).

Elizabeth Taylor as Gloria in Butterfield 8

In John O’Hara’s original novel of Butterfield 8, there was no doubt that Gloria was a call girl.

In Yugoslavia they were not confused about the film, either – note the explanatory subtitle.

Many of these images come from Those Sexy Vintage Sleaze Books. Feliz año nuevo.

–Laura Agustín, the Naked Anthropologist

Women Doing Things: Not waiting to be saved

A few years ago I was feeling discouraged by the volume of public discourse representing migrant women and poorer women and prostitutes and sex workers and a lot of other women as overwhelmingly passive, exploited and prone to victimhood, especially sexually. In that post, I lamented the morbid interest in showing women and children as abused and helpless, leaving aside the abundance of images of powerful politician-women and celebrities since I’m talking about regular folk. I feel pretty much the same three years later, so here is an updated group of Women Doing Things to celebrate the end of the year. Drinking Woman comes first, given the season.

Maquiladora women

Rice paddy woman

Aircraft industry women

Seducing woman

Heavy equipment driving woman

Migrating woman

Protesting women

Doctoring woman

Street-trading women

Reading woman

Rock-splitting woman

Writing woman

Performing woman

Inspiring woman

–Laura Agustín, the Naked Anthropologist

If this were about men, they would be seen as empowered: sex selection, sex trafficking and girls

In order to draw only dire conclusions about the now famous disparity in numbers between males and females in Asia, you need to view girls and women as inferior yourself. If the data showed there to be fewer males, you can be sure they would be seen to be in an advantageous position: able to pick and choose amongst prospective spouses, enjoying gender power. Instead, a surfeit of men is imagined to cause sex trafficking and bride-buying, the assumption being that when women become required, men will traffick them. Why not think women will migrate to places where they are lacking, take on traditionally female jobs and enjoy an advantage in the local marriage market or selling sex? Not the most progressive outcomes possibly but aren’t they better than being expected to wait to be victimised?

Bring Your Questions for Mara Hvistendahl

27 October 2011, Freakonomics

Her book, Unnatural Selection: Choosing Boys Over Girls and the Consequences of a World Full of Men, looks at how advancements in prenatal technology have led to extreme cases of gender selection across much of Asia. As economic development spurs people in developing countries to have fewer children and gives them access to technologies such as ultrasound, parents are making sure that at least one of their children is a boy. As a result, sex-selective abortion has left more than 160 million females “missing” from Asia’s population. It’s estimated that by 2020, 15 percent of men in China and northwest India will have no female counterpart. The consequences of that imbalance are far-reaching and include rises in sex-trafficking, bride-buying and a spike in crime as well.

–Laura Agustín, the Naked Anthropologist

Note to researchers: Forget trips to view no sex trafficking in Sweden

Note to visitors to Sweden who want to see, examine, document, research or otherwise report on the effects of the law to criminalise buying sex: Cancel your trips, there is nothing to see.

How can you see ‘less’ sex trafficking’, ‘less’ sex work? How does one interpret emptiness? What does the absence of people on this bus mean? Does no one ride buses anymore? Is this one out of service? Is it on display in a museum? Has the route been cancelled? Who knows the answer?

I receive messages continually from people planning trips to Sweden: journalists, filmmakers, researchers, students, fellowship-applicants. They have all had the same idea to visit a country where a law prohibiting the purchase of sex is claimed to have reduced its sale and reduced sex trafficking. If these visitors write to me, I suppose they have read what I (and others) have written on the failure of the government evaluation to prove anything about the law and the difficulty that any such evaluation faces. Yet people assume they will somehow be able to observe the effects of the law. The whole idea of effects is questionable, but in the case of prohibitionist laws even more so. The most obvious first effect of prohibition is to discourage people from being seen doing whatever has been prohibited. Some people might really stop (or might never start) doing whatever has been made illegal, and some people might find different ways to do it that will be harder to discover. A typical visit is proposed like this Irish one:

Mr Shatter said representatives from the Department of Justice and the Garda travelled to the Swedish capital, Stockholm, recently to observe the impact of legislation introduced there in 1999 to criminalise the purchase of sexual services.

And reported like this:

Presentations in Sweden included discussions with the Swedish Department of Justice and evaluators of the Swedish legislation (Supreme Court Judge Anna Skarhed, Mrs Gunilla Berglund from the Ministry of Justice, the National Rapporteur on Trafficking Ms Kasja Wahlberg, and the Co-ordinator of Stockholm Prostitution Unit Mr Patrick Cederlof). There were also presentations from ROKS (a Swedish NGO which provides refuge for battered women), Jenny Westerstrand (Researcher on Prostitution regimes) and Ulrika Rosvall Levin, (The Swedish Institute). [some typos corrected by me]

I don’t understand myself why they spend money and time interviewing government spokespeople, politicians, the heads of government-funded projects and moral entrepreneurs all of whom only re-state what they have said before but not proven: that the law has reduced prostitution and sex trafficking. Those statements are widely available on the Internet, including in television clips and videos. All of the above interviewees receive government money to do their jobs and all are known to fiercely favour the criminalisation of buying sex and wish for the disappearance of all forms of selling it. They give meaning to the term stakeholder.

Many visitors also interview police officials, who are only permitted to confirm government policy and mostly just point to a drop in the number of sex workers in the street (since they have no idea how to measure all other forms of commercial sex). The police also engage in speculation that shows they are doing their jobs well, since there is so little sex trafficking to see. This absence is also tricky to interpret, since there was never any baseline evidence on trafficking before the law so they have nothing to compare to now when they do (or do not) find any.

But, you say, some of the visitors want to talk to you or ask you to introduce them to real live sex workers who could balance what they hear from the government. About talking to me, ok I will sound different, but I can’t demonstrate that government claims are wrong – the same problem of researching an absence holds. (Another snag is that visitors begin by assuming that anyone they want to talk to lives in the capital, when Sweden’s a big country [for Europe] and all relevant and interesting folks do not live in Stockholm.) About my introducing visitors to sex workers: I consider it unethical. If I did introduce anyone, though, what would the personal testimony of one or two individuals mean? Little.

Nonetheless, I don’t believe I have deterred anyone determined to come see what the prohibition looks like. All I can do is ask folks to consider what they think they will be able to see. Take this view of a single person sitting in a bar – how many reasons can you think of to explain why he is alone?

–Laura Agustín, the Naked Anthropologist

Irresponsible talk on sex work, gender equality, sex tourism and state feminism

I gave a talk the other day that mentioned sex trafficking, sex work, surrogate motherhood, child sexuality, sex tourism and international marriage broking. Held at the Institute for Development Studies in Brighton, (UK, where the University of Sussex is), it was a lunchtime seminar, which are often small affairs, but 50 people crowded together for this one. My title was Five Steps Backward: How women become second-class citizens of globalisation, so people came who were interested in gender policy, sexualities, globalisation, migration, development and queerness.

As soon as I finished talking, a hand shot up from a woman who said it was irresponsible of me to talk that way. I had made the argument that Gender Equality policy, promoted by State Feminists (professionally employed to set policy affecting women), now tends to recreate women as always already unempowered victims rather than protagonists of their own lives who opt for one or another of the limited alternatives available – in the context of inflexible patriarchy and a globalisation that promotes precarious workers and their migrations – regardless of their sex or gender identity.

It is hardly news that a state-oriented feminist disagreed with me. Someone I ran into at the National Film Theatre bar in London said You have that effect on people. But the suggestion that I should shut up is comment-worthy. The belief in Free Speech is claimed as a fundamental characteristic of western democracies and sometimes seems like a fetish in anglo countries. At protests in the US, whether they are students on campuses or Occupy Wall Street, First Amendment rights are continually cited, and the UK is similarly insistent about free speech. Yet the objector to my talk the other day seemed to be saying that dissent is dangerous – like Mira Sorvino, who suggested I not be allowed to speak on the BBC world debate on human trafficking held  in Luxor. As though I might undermine the war on trafficking, as wartime posters warned against careless talk lest enemies benefit.

Highlights from the exchange with an apparently senior academic who did not introduce herself begin with her comment to me that

As an academic, you should – which I interrupted to say

I am not an academic.

All right, she said, as a researcher, as a person invited to talk in this space, you should not talk this way because Where do you draw the line? What about clitoridectomy? she demanded.

I stated at the beginning of my talk that I am not constructing another big all-inclusive meta-narrative that will Explain Everything once and for all.

But where do you draw the line? she insisted.

I am not in the line-drawing business. Also I have not researched clitoridectomy myself so I would not presume to pronounce about it.

This cultural relativism, she sputtered.

Cultural relativism is an anthropological tool. It means trying to understand the logic and meaning in situations from the standpoint of people inside them. It is not about defining universal Goods and Bads. Some people want to write laws that will apply to everyone all over the world in all situations. I am not doing that.

You don’t take power relations into account, she said, clearly meaning a view of power reduced to Male-Female in the abstract. I wrote recently about this in The Bad Vibrations of Fundamentalist Feminism, where I referred to World Gender War.

I take power relations into account, all right, but not the simplified one you are referring to.

From a human-rights perspective –

I don’t personally use a human-rights argument, though many others do. In debates on trafficking, everyone claims to be fighting for human rights even when their arguments are diametrically opposed.

You talk about personal choice

I did not use that term. I said that even people with few and poor alternatives can and do prefer one of them to the others.

In the neoliberal discourse, the idea of choice is very problematic —

I didn’t talk about choice, don’t put words in my mouth.

You cannot have true choice without equality.

Hm, so what are women supposed to do until absolute full and true equality is achieved?

Many are not able to articulate for themselves [what they want or need], she said.

I deeply disagree with you about that. I have complete confidence that everyone in this room can judge for themselves whether my ideas are rubbish or not.

I finally cut her off so that others in the audience could ask questions, and funnily enough one young woman returned to this point, asking the objector:

Are you saying that I am not capable of listening and figuring out for myself how I feel about what Laura is saying?

And there, alas, she backed down rather than defending her belief that people like herself Know Better than other people what the right way is to live and think about men, women, sex, money, power and many other things. She may not have meant to imply that about that woman, just about a lot of other women too poor and pathetic to make it to a room like that in Sussex. If I had invited her to come and perform this stuff I couldn’t have had a better didactic tool.

PS: She said she would be writing to me but has not, and I still don’t know her name.

–Laura Agustín, the Naked Anthropologist

Poster from American Merchant Marine at War

Originally published in Good Vibrations Magazine.

Do you know whether or not you are a prostitute? asks a Shanghai sign

Rerun because I am on the road and because this is a favourite. Do you know whether or not you are a prostitute is the question raised by a sign seen at Zapata’s Mexican Cantina in Shanghai.Most of the heat in conversations about commercial sex goes to the idea of prostitution – whether it can ever be a normalised profession called sex work or whether it is by definition violence against women. Some people think marriage is prostitution; others think all paid work is. For myself, I wonder how people imagine there to be a clear line between commercial and non-commercial sexual transactions, since all of life seems saturated with both.

My curiosity was piqued when I saw the above photo from Zapata’s, a middle-class bar-restaurant located in Tongren Lu, a popular Shanghai nightlife area. It’s not the kind of place where I expected to see a sign about prostitution. Trying to figure this one out led me into the expat world, where only insiders— most of the vocal ones men—  understand what’s going on. I hung around Internet forums where this sign made the rounds and explanations ranged from it was the bar manager’s private joke to the place is filthy with prostitutes; decent girls won’t go there.

There are discussions of the many types of predatory women loose in the city. ISpyShanghai mentions entertainers,Tiger girls, bar girls, butterflies, hostesses, chickens, and those girls on Tongren Lu who will literally jump into the taxi with you if you don’t shut the door quickly enough.

Discussants at forums like Shanghaiexpat say too many pros (professionals) get past bar bouncers and warn each other about falling into the clutches of girls who try to get you inside talk-talk bars, where they will only flirt and promote your buying of drinks.

Some call such bars fronts for prostitution. Others make a class distinction between talk-talk bars and hostess bars, the latter being more upscale. There are also warnings about ladyboys, transvestites and other non-real women, who are even said to form the majority of female-looking customers in some places.

Could Zapata’s managers be trying to keep single women out? Certainly not; Ladies’ Nights are common in Shanghai, where each time the door opens, hundreds of eyes fix on the arriving guests, hoping that they have breasts.

So, what have we got? A commercial bar scene where men with money want females to be available to them for picking up, flirting, and perhaps going somewhere to have sex. Those women may accept gifts of drinks, food, taxis and flowers without losing their shine. In another popular, mainstream, local example, KTV (karaoke television) venues invite men to come in groups and hire the services of women to drink and sing with them in small private rooms.

The taint comes when women do exactly the same things with the addition of asking for cash.

It’s subtle and confusing, isn’t it? When is it legitimate for women to take money or accept drinks? What about the customers— why is there no distinction amongst them? They take out their wallets in all kinds of situations— and that’s considered fine— except when they position themselves as victims of predators. On the other hand, they discuss which KTV place has the hottest/most fun girls.

Zapata’s managers and bouncers are male, so maybe it makes sense that they would put up such a blunt, sexist sign telling prostitutes to keep out. But what does it mean to say If you are unsure whether or not you’re a prostitute, please ask one of our friendly security guards to sort it out for you?

Presumably a professional knows that the sign refers to her or him-self and has no need to consult anyone about it. Which leaves whom?

What if I go to Shanghai alone, get dressed up, and appear alone at Zapata’s bar? Is it okay as long as I don’t talk to any men or am seen to be paying for my own drinks? What happens if the barman brings me a parasol-decorated margarita on behalf of the guy across the bar, who’s already paid for it? Should I now feel worried about being bounced? In case anyone thinks this is unlikely, one of the expat discussions involved a woman who was asked to leave Zapata’s although she was there with girlfriends.

She was said to be Taiwanese. Some of the participants in expat forums specify that they are Chinese. Bouncers might or might not understand different kinds of regional Chinese languages. Someone said prostitutes don’t have to look Asian. Since ho-style is in fashion, clothes aren’t the key to this conundrum. I think I’m better off not going out, or sticking to an old-fashioned hotel bar where I’m allowed to accept a drink from a stranger— or offer one to someone else.

Originally published at Susie Bright’s Journal .

– Laura Agustín, the Naked Anthropologist

Man-eating women from the not-so-distant past

As everyone knows, I hate and oppose the current proliferation of images and narratives implying that women are weak, passive and vulnerable by nature. Not long ago I wrote about anatomical fundamentalism, illustrated with a nice anime of a spider woman who may not have a penis but she is certainly scary. Now as a mid-August doldrums celebration, I offer these images from a not-so-far-off past, not to say that man-eating is better but to remind us all that our present zeitgeist is only that and will pass. It’s proof that the idea that we are always progressing is wrong.


In the 1950s even girl children could be powerful!

None of these accuse women of deadliness on account of carrying disease – that collection is marvellous for different reasons.

–Laura Agustín, the Naked Anthropologist

Not sex trafficking: False Papers as a means to migrate

Protocols attached to the UN Convention on Transnational Organised Crime (Palermo, 2000) attempt to distinguish between the trafficking and smuggling of people. The trafficking protocol explicitly mentions women, children, coercion and prostitution and fails to mention the will to travel. The smuggling protocol, in contrast, discusses men as migrants and does not mention sex or prostitution. This gender bias has several negative, confusing effects and is far from vaunted goals of Gender Equality.

  • Women are positioned as sexually vulnerable above all
  • Women are lumped with children as though we were children
  • Women are not seen as capable of initiating migrations
  • Women are not seen as capable of preferring to sell sex over other options
  • Men are not seen as capable of being trafficked in the worst sense
  • Men are not seen as capable of preferring to sell sex over other options
  • Men are associated with dodgy behaviour such as paying someone to help them get around the rules

The following three news clips illustrate how sex and gender often have little to do with irregular (also known as unauthorised, undocumented and illegal) travel. These incidents would be called smuggling. In at least two of the following cases migrants can’t be called undocumented, because papers have been provided for them – just not their own correct papers.  The point is that many skilled smugglers and traffickers go about their business without resorting to the sort of obvious violence and near-kidnapping that makes sensational stories. Whether a candidate for travelling abroad to work considers selling sex or not, his or her best route is to find someone to arrange for convincing papers. While campaigners shriek about near-kidnappings and women in chains, the industry in false papers goes on its sophisticated way. This is one reason why queues get longer and slower at borders. Note in two of the following cases that officials (one from an embassy and one from a national immigration bureaucracy) are the smugglers.

NB: The fact that false papers were provided does not mean that no traumatic experiences were involved for migrants, that there was no violence or that they knew exactly what they were getting into. We also don’t know which jobs they got or whether they liked them. Sex is not the defining element to these stories, yet many migrants who sell sex use these conventional, if illegal, methods for entering other countries.

CASE 1 – ICE Investigator Arrested For Accepting Bribe

World Journal,  Nov 29, 2008

NEW YORK – U.S. Immigration and Customs Enforcement (ICE) investigator Pedro Cintron was arrested for taking bribes from human smugglers and helping them to illegally transport Chinese people from Ecuador to the United States. The World Journal reports that once convicted, he could be sentenced into prison for up to 57 years. Cintron, 52, investigated Chinese human smuggling from Ecuador to the United States in 2004 and 2005. He took over $20,000 bribe from the smuggler and helped several Chinese successfully land to the United States.

CASE 2 – Dominican Diplomat Arrested for Smuggling Dozens to US

CaribWorldNews, Dec 09, 2008

NEW YORK — An employee at the Consulate of the Dominican Republic in New York City has been arrested on charges of migrant smuggling.

U.S. Immigration and Customs Enforcement agents have arrested 48 year-old, Francisco Estevez, also known as “Danilo,” on charges of using his family’s passports and consular visas to bring dozens of illegal aliens into the United States from the Dominican Republic during 2007 through 2008.

According to the indictment unsealed Monday in Manhattan federal court, as a full-time employee at a consular post, Estevez held a diplomatic visa that allowed him and his family members-his mother, wife, and six children-to enter and reside in the United States. In addition, he and his family were entitled to receive expedited process at passport control at the airport.

Commencing in approximately October 2007, up to and including July 2008, Estevez allegedly took advantage of his A-2 visa status to smuggle into the United States numerous Dominican nationals who posed as members of Estevez’s family, using the family’s passports and A-2 visas. Estevez made on average two trips per month to the Dominican Republic to identify aliens who could pose as members of his family and charged each alien approximately $10,000 to bring the migrants into the country illegally.

Estevez is charged with two counts of alien smuggling and if convicted, faces a maximum sentence of 20 years in prison. He was arrested Friday upon his entry into the United States and is scheduled appear today before a United States Magistrate Judge in the Eastern District of Pennsylvania.

CASE 3 – Filipino Admits to Smuggling Immigrants Into US

California Journal For Filipino Americans,  Jun 28, 2006

PHILADELPHIA – A Filipino man has admitted to smuggling an estimated 25 undocumented immigrants into the United States on stolen third-country passports for which they paid as much as $15,000 each, reports California Journal For Filipino Americans. Roehl Rivera, 41, of Cabanatuan City, Philippines, smuggled undocumented immigrants between May 2005 and January 2006 on Continental Airlines flights from Hong Kong to Newark Liberty International Airport in New Jersey, according to prosecuting attorney Christopher Christie. Rivera and three others were detained at the airport on Jan. 6. They were caught traveling on altered passports illegally obtained from Micronesia’s embassy in the United States. Rivera, who is charged with conspiracy to smuggle illegal immigrants for private financial gain, faces up to five years in federal prison and a $250,000 fine.