Category Archives: sex work

sex work refers to a wide range of activities involving sex in exchange for money or benefits. to call it sex work is to acknowledge it can be experienced as a job, livelihood, occupation

France anti-prostitution crusade succeeding, rights activists disqualified from debate

Not so long ago the French would shrug and sigh about prudish societies where sex could still provoke scandal, scoffing at melodramas acted out in the USA by politicians caught doing something opposed to so-called family values. Dominique Strauss-Kahn used this tradition with his claim to be engaging in ‘libertine activity’ when he paid for sex at parties. Now this is changing, not only because of Strauss-Kahn’s continuing saga but because the French parliament is set to pass a law against buying sex that was previously associated with countries to the north.

A couple of years ago I wrote Europe’s anti-prostitution initiatives multiply, discussing France in the context of the European Women’s Lobby campaign for a Europe Free from Prostitution. UN Women National Committee Sweden recently called this ‘an issue that divides the world, and where the Northern European and the global women’s movement fight for recognition of fundamentally different values.’ Perhaps now France will feel more northern than southern Europe.

In networks of activism for sex workers’ rights and better commercial-sex laws, the bill set to pass in France has been a focus of campaigning for some time. Many unfamiliar with the subject cannot believe their ears when told about the contradictory law known as the Swedish or Nordic model, which prohibits the buying of sex while allowing it to be sold. In Prostitution Law and the Death of Whores I said:

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.

Although a lot of activism now takes place via social-media websites, sometimes an email is better. Thierry Schaffauser sent the following ideas in a message about the current situation in France to an activist list. I have added links he provided and edited so that outsiders to these conversations may understand. The full text of the proposed French law can be read here: Proposition de loi renforçant la lutte contre le système prostitutionnel.

Dear all,

I think what we fear is going to happen.

The Socialist party introduced the bill, which was co-signed by all other parties affiliated to the Socialists as well as the Communist and Left parties, so there is already a majority in favour of the law. The right wing might vote with them as well. Even MPs who are against the law will probably vote for it, out of party discipline and to avoid being labelled as sexist, pro-pimp and pro-prosti-killers by feminists (prosti-tueurs is the new name they give to men who buy sex).

In parliamentary hearings two former prostitutes were invited to speak, both affirming the shame, degradation and self-destruction of prostitution. Current sex workers were not asked to testify; one of us spoke along with the health organisations. We have held many demonstrations and shown all the evidence, but we are ignored. The sponsors use flawed evidence and anonymous testimonies; they don’t care about NGOs or research.

Sponsors of the bill claim all the time that 90% of prostitutes are victims of trafficking. This percentage may be their estimate for non-French sex workers, not trafficking victims, but abolitionists don’t distinguish between the two. No source is given for the figure. All migrants are defined as trafficked.

Sex workers who oppose the bill are accused of being a non-representative and privileged minority, so selfish that we defend our own interest and those of pimps and willing to sacrifice the majority of poor victims of trafficking and rape. They insist they will not pass a law on behalf of sex workers who claim to consent to prostitution. They say that our consent is flawed due to poverty and other constraints, and believe that if we were to leave prostitution and go into therapy we would recognise that we had lied to ourselves and that prostitution is, in fact, harmful.

Migrant sex workers from all parts of the world increasingly join the sexworker union STRASS, but they don’t participate in public debates because of the language barrier and the stigma. During our last demonstration there were many migrants, but they were ignored by mainstream media. The bill would make it possible for migrant sex workers to get a six months’ residence permit on condition they agree to stop prostitution.

Sponsors of the law don’t care that only 22% of the French population are in favour of fining clients 1500€, because they say in Sweden the law succeeded in changing people’s minds about prostitution. They share the same goal to educate people in France. The bill would mandate school programming to teach that buying sex is like rape and that prostitution is degrading.

The bill says street soliciting will be permitted, but local by-laws can be passed to maintain public order, so sex workers would not even be decriminalised.

The bill would instruct Internet Service Providers to alert authorities and give power to block access to websites suspected of profiting from prostitution, which means even escort advertising could be targeted. One MP said it would be possible for police to use our phone numbers, which we fear means they could listen to conversations in order to identify and arrest clients and lead to forced entry into our homes and workplaces.

Sponsors of the bill don’t even listen to police, who say criminalising clients would be too difficult to implement and would divert efforts to combat trafficking.

A few days ago a group of reactionary right-wing men started defending the right to buy sex in a very sexist manner. They are being widely reported in the media, and sex workers who oppose the bill are made to look as if we side with them, which is terrible for us.

I don’t know what to do now.

See La pénalisation contre-productive for more on the bill from Thierry Schaffauser.

Many of Thierry’s comments illustrate how certain social actors are disqualified from participating in debates, including when their own welfare is at stake. The most peculiar idea pushed by abolitionism is that there must be a single interpretation for the act of selling sex, that all who do it must agree about the experience. In the case of sex workers who do not want their clients penalised, crusaders give a range of excuses for why their opinions are not relevant, appropriate, serious or believable, allowing their exclusion from debate. Somehow prostitution has come to be a subject where disqualification and discrediting are major tactics for winning political campaigns, where crusaders aggressively dismiss women, men and transgender people from attempting to tell their experiences. The most extreme disqualification goes to the voice of anyone currently selling sex:

Aucune personne prostituée pendant qu’elle exerce la prostitution ne dira jamais qu’elle est contrainte, jamais. Tout le monde effectivement dit que ‘je le fais volontairement’. Ce n’est qu’au moment où la prostitution s’arrête que les personnes disent en fait ce n’était pas ce je disais. – Danielle Bosquet

This authoritarian trump card permits anyone claiming autonomy in selling sex to be dismissed on non-provable ‘brainwashing’ grounds. See Prostitution Law and the Death of Whores for more on how disqualification works.

The turning of all migrants who sell sex into victims of trafficking is what drove me into reading and research in the late 1990s. Sex at the Margins: Migration, Labour Markets and the Rescue Industry is the result of that research, along with articles in academic journals that opened the door to a new field of study. Moral entrepreneurs disqualify this work, too, as exceptional and irrelevant.

The French legislation is highly repressive in many ways. That it is sold as morally righteous confirms my feeling that we have moved into a period of Social Purity, the name given to a movement in Anglo countries in the late 19th century, in which the pursuit of prostitutes and their clients was a principle activity. The difference now can be seen in clauses to the French bill that would increase police power by allowing more surveillance of telephones and possible blocking of Internet sites where sex is offered for sale. The Rescue Industry now propose to save us from even the sight of advertisements considered to foment prostitution; we are all to be re-educated and rehabilitated for our own good.

–Laura Agustín, the Naked Anthropologist

Social-work projects fail sex workers despite helping-hands image

Social work, whether voluntary or paid, rests on an assumption that people with problems can be helped by outsiders who provide services that facilitate solutions. Hands predominate in icons used on social-work websites: holding hands, piles of hands, hands of different shapes and colours. I suppose these are meant to signify working together – mutuality – non-hierarchy – equality. But how many social-work situations involving a sex worker reflect those values? Take this news item from Los Angeles:

Getting tough on underage prostitution

LA County calls on legislators to toughen laws, while those who work with young prostitutes grapple with how to get them off the streets. “Children cannot give consent by definition,” said Supervisor Mark Ridley-Thomas. McSweeney said there are times when deputies pick up an underage girl and take her to county social services. Often, he said, that girl will end up in a group home, flee the next day, and be back on the street that night. It’s a revolving door, he said, and the system could use some tweaking.

Rejection of help is widely known amongst people who sell sex of all ages, yet to question ideas about helping is frowned upon. It is said people who are at least trying to do good deserve credit. Do they have to be perfect? At any rate, they are not employed as soldiers or bankers, they are socially involved, at least they care. But for most social workers, the job is just a job. They don’t imagine themselves to be saints but do appreciate the security and respect associated with it. They would probably prefer to think their work is relevant and appreciated. Consider a news item from Texas:

Child sex trafficking seminar in Paris educates first responders

“You would think that if you ran across a child that was being used for sex trafficking that they would stand up and say help me and that’s not the case,” said Paris Regional Medical Emergency Director Doug LaMendola. “They are so mentally reprogrammed into submissiveness that they won’t speak up.”

It must be frustrating when help is rejected, but inventing psychological reasons is a dodge to avoid wondering if the projects could be improved. Some psy excuses used with women who sell sex are brainwashingStockholm Syndrome and acting out. Now consider a news item from Chicago:

Who’s A Victim Of Human Sex Trafficking?

One recent Friday morning in a stuffy, crowded classroom at the Cook County jail in Chicago, a few women shared stories at a meeting of a group called Prostitution Anonymous. If they agree to get help, the women usually are not charged with prostitution in Cook County, though they may face other charges, from drug use to disorderly conduct.

Coercing people to participate in programmes is where social work touches bottom.

The idea that it’s impossible to change the lives of those in need unless they want them changed reveals a key assumption: that those in helping positions by definition already know what everyone needs. What happens if the person to be helped doesn’t accede to the helper’s proposition? Help fails, as it so often does in the oldest and commonest attempts worldwide to help women who sell sex, known as Exit Strategies, Diversion Programs and Rehabilitation. Consider recent news from Oklahoma:

Teen prostitute leaves shelter to return to street life

“She was in protective custody and doesn’t want any help,” he said. “There is no indication of a drug history. That’s the life she preferred. There is no telling how much money she was making.”
Woodward said the teenager comes from a rough family in the Tulsa area. “She doesn’t like her family, and she didn’t want us to contact her family,” he said.

Most women and young people who sell sex are simply not attracted by the alternative occupations or ‘homes’ offered that provide no flexibility, no autonomy, no street life, no way to have fun and pitiful money. Social workers can always point to people they know who appreciated some such project, but mainstream media provide examples of failure every week. The significant refusal here is on the social-work side, where not believing what people say they need guarantees that the situation for sex workers stays the same, despite endless hand-wringing and rhetoric about the need to help them.

–Laura Agustín, the Naked Anthropologist

Does banning prostitution make women safer? The perils of interviews

Months ago I was interviewed by NewScientist, a mainstream UK magazine. I don’t accept all requests for interviews so did a little research, finding the publication reaches an audience probably different from whatever I usually reach. I asked what kind of questions the interviewer wanted to ask and found them well-informed and interesting. The initial interview, by phone, took more than an hour and was fine.

After some delay I was sent a first draft that required a lot of my time to correct and included an editor’s requests for data (How many prostitutes are there in the UK? What proportion work in the street? What is the correct figure for victims of trafficking?) I had explained during the interview why data on undocumented migrants and sex workers where so many aspects of prostitution are illegal cannot exist except in very partial bits, but I took time to explain again. There was then a back-and-forth in which I resisted the number-trap but tried to provide solutions we could all live with. At that time, the piece was 800 words, already drastically less than the interview transcript’s 9070. Months after the interview had taken place, I received a version to be published shortly. At 300 words it bore no resemblance to the original interview. Statements I had made had been culled from all over the article and then cobbled together in a new order that fit questions I had never exactly been asked (including the title question). I corrected a couple of points and let the thing go, at that point only hoping to prevent any egregious errors getting out. That was 8 July, and after the awful events of the 11th I forgot to write about it here.

I do think the title question is a smart way to interest readers new to the whole dense, messy field, and Banning is a much more honest word to use than Abolishing.

Does banning prostitution make women safer?

08 July 2013, by Clare Wilson, NewScientist issue 2924 (also in print)

Most of what we think we know about sex trafficking is wrong, says Laura Agustín, who has spent 20 years investigating the sex industry

There is a proposal in the UK to clamp down on prostitution by criminalising the purchase of sex. Why do you object?
Millions of people around the world make a living selling sex, for many different reasons. What are they expected to do? This would take away their livelihoods. Selling sex may be their preference out of a limited range of options. In the UK, migrants may have paid thousands of pounds to get here. This debt has to be paid off somehow, whether it is by working in the back of a restaurant or selling sex. Migrants who sell sex can pay off the debt much faster.

But prostitution is dangerous, especially for those who work on the street…
Women who work on the street are a small proportion of all the people who sell sex. Many more work through escort agencies, brothels or independently from home. It is disrespectful to treat them all like victims who have been duped into what they are doing. In the UK, there are thousands of articulate sex workers who say, “Leave me alone, I did know what I was getting into and I’m okay doing it.”

Isn’t the “happy hooker” a myth? Doesn’t research show it is a miserable existence?
Given the millions of people selling sex in the world, generalisations are impossible. Much research has been done at medical clinics or shelters for victims. If you go to a trauma centre, you meet traumatised people. When people tell me they have never met anyone who wanted to be selling sex, I ask where they did their research.

Why do you think anti-prostitution laws can make life more dangerous for sex workers?
If you think what sex workers do is dangerous, why insist they do it alone? It is legal in the UK for individuals to sell sex, but they may not work with companions or employ security guards. Brothels are illegal. If you prohibit businesses but people run them anyway – which they do – then workers must please bosses no matter what they ask. That is why this is a labour issue. Also, targeting kerb-crawlers makes things more dangerous since sex workers may have to jump in cars without getting a good sense of the driver.

What about trafficking of unwilling victims?
The numbers of trafficking victims reproduced by the media have no basis in fact. There is no way to count undocumented people working in underground economies. Investigations showed that one big UK police operation failed to find any traffickers who had forced people into prostitution. Most migrants who sell sex know a good deal about what they are getting into.

If there is no proof it is common, why is there widespread belief in sex-slave trafficking?
Why do moral panics take off? Focusing on trafficking gives governments excuses to keep borders closed. Perhaps it is easier to campaign moralistically against prostitution than to deal with the real problems: dysfunctional migration and labour policies that keep large numbers of people in precarious situations.

This article appeared in print under the headline “One minute with… Laura Agustín”

Profile
Laura Agustín studies gender, migration and trafficking. She is the author of Sex at the Margins (Zed Books, 2007) and blogs as The Naked Anthropologist.

The initial reactions I saw from NewScientist readers were angry: this was not ‘science’ and should not be in the magazine at all. One commenter said I was an idiot since he knew ‘missonaries in Sri Lanka’ who had rescued thousands of prostitutes. I stopped looking at the comments. The piece was picked up by some other sites, but I did not keep track.

It is hard for me to recognise myself at all in the piece, and it’s a shame the editor decided finally to shorten it so drastically. But many have told me that to get even this much of the non-mainstream story into a mainstream magazine is significant. So if you know anyone who usually cannot begin to think about these topics, send them this brief primer – maybe they will read it.

–Laura Agustín, the Naked Anthropologist

Stigma and disqualification not the same as hatred and fear

I wrote Prostitution Law and the Death of Whores for Jacobin (A magazine of culture and polemic) to reach a different audience, perhaps some left-leaning folks who don’t know it’s possible to talk about prostitution, sex work, trafficking and migration in interesting ways.

The piece was very hard to write, not only because I was shocked by the death of someone I knew but because I wanted to bring together many themes without going too deep into any. The exception was perhaps the idea of stigma. I said

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.

I won’t be creating a hierarchy of who suffers stigma most but do believe stigmas vary in how they manifest and feel to those involved as well. There are diverse views amongst people who study the subject. For me in studying the stigma that goes to women who sell sex, there is an extra element not present in other stigmas (HIV, homosexuality, drug use): the impulse to control women sexually, keep them in separate categories of Good and Bad based on their sexual behaviour. This doesn’t mean they ‘suffer more’, that’s not my point. I’m simply interested in the contribution a longtime social impulse makes to the belief amongst so many that women who sell sex are actually (and deplorably) different from women who don’t.

I also am interested in a consequence of stigmatisation more than the mark itself – the mechanism of disqualification. For those who believe the stigma is real, women who carry it are considered not able to speak for or even know themselves, which provides the excuse to disqualify anything they say about how they feel and what they want. Helpers, saviours and police choose to believe – not disqualify – statements that tally with their own views of what women (must) experience. It is distressing to watch so much disqualification of women’s words and deeds, and why I ended the piece with the call that we assume that what all women say is what they mean.

Salon ran the same piece under The sex worker stigma: How the law perpetuates our hatred (and fear) of prostitutes. Of course this title is catchier and better for a more mainstream audience. But I did not write either word, hatred or fear, in the piece itself, so for me the change is jarring. Under the title, Salon wrote Our society turns a blind eye to the murder of sex workers, deeming them less than human. Why is that? I never said stigma makes people less than human, so here we have an editor who may or may not have actually read the essay imposing ideas not held by the author herself. Fear-and-hatred are not a synonym for stigma; there are many more fears and hatreds in the world than stigmas.

The photo Salon ran shows a woman standing in a pose associated with street prostitution but not wearing the uniform that I called ‘the outward sign of an inner stain’. Perhaps that move is in line with their progressive use of sex workers in the title. But what about the caption underneath it? A worker in prostitution who goes by the name Violet in downtown San Francisco. I polled many people afterwards and all were unfamiliar with the term worker in prostitution. In the sex wars, those who denounce prostitution refuse to think of it as work and sex workers often reject the term prostitution.

One way to try to destroy the stigmatising distinction between Good and Bad women proclaims that all women are whores, which I like better than whores’ insisting they are Good, but I guess they come to the same thing. Here are two recent photos showing the first strategy, one in Germany (Wir sind alle prostitutas-We are all prostitutes, where the Spanish prostitutas indicates solidarity with migrant sex workers, and another in Perú (Todos tenemos algo de puta – We all have a bit of the whore in us).

–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.


Fallen Women: persistence of an image

A new film about staging La Traviata is using the most old-fashioned and clichéd image in its publicity: that of Violetta on the floor in the classic pose of Fallen Women. Yes, I know the opera and I know the novel it’s based on (La dame aux camélias 1848) and I am capable of appreciating romantic imagery and tradition. But to choose just this pathetic and highly charged pose to advertise a supposedly innovative film seems perverse and uncreative to me.

I’ve written before about the iconography of the Fallen Woman: her position on the ground, sometimes twisted, sometimes being reached out to by a kind person (usually a man). In La Traviata (1853) Violetta is dying of consumption, so she’s also seen in pathetic poses in bed, but using the floor image in publicity photos drives home the idea that her essence is this: morally low, a kept woman, demi-mondaine, courtesan or woman

who’s gone astray (traviata). At the beginning of the story Violetta is a happy-go-lucky good-time girl (though ill). Finding true love with Alfredo she is portrayed as morally redeemed and self-sacrificing.

Possibly the gay lady may come to the ‘bitter end’ some day, but at present, except from the moral point of view, she is not an object for commiseration. She at least has all that she deliberately bargains for—fine clothes, rich food, plenty of money, a carriage to ride in, the slave-like obedience of her ‘inferiors’, and the ful­some adulation of those who deal with her for her worth. Very often (though under the circumstances it is doubtful if from any aspect this is an advantage) she finds a fool with money who is willing to marry her; but whether she is content to accept the decent change, and to abide by it, of course depends on her nature. – James Greenwood, The Seven Curses of London, Curse IV: Fallen Women, 1869

Whether the staging is brought into the present or not, Violetta always has a scene on the floor to drive home her moral abjection. Why else would she be on the floor? People who fall get back up right away; if they can’t, they are too injured. In Violetta’s case the injury is moral. Of course people also play on the floor, but Violetta is not playing in these scenes.

A limp Violetta can signify death but also helplessness, unconsciousness, submissiveness, despite the fact that she is tremendously strong both before and after redemption through love. In the beginning she is so good at gaiety that everyone around her has fun. Later she remains faithful to Alfredo despite his father’s meanness and sacrifices her own happiness for her lover. I dislike this plot, but there is no doubt Violetta is not a limp rag of a woman.

Observe the similar pose used to portray a woman hypnotised by Charcot: drooping, weak, the passive object of every male student’s gaze. She was diagnosed as suffering from ‘hysteria’, considered to be a sexual dysfunction at the time (1885). If he were not holding her up, she would fall to the ground. I personally wish all these images of traditional passive femininity would stop being used by anyone in the present, especially someone making the film of an opera and story full of other possibilities.

–Laura Agustín, the Naked Anthropologist

The irrationality of prostitution laws

Brothel, Turkey, circa 1950s

Everyone thinks they know what prostitution is, but conversations quickly break down over what gets included and what doesn’t. Is it prostitution if you only do hand jobs? Phone sex? Webcam performances? Peep-shows, stripping, lap-dancing? Some people include everything, others are very specific. To me, all the hullaballoo about which prostitution law is best is bizarre, given how many different kinds of commercial sex exist. Some of these appear in photos on this page: consider which you think should be called prostitution if you like, or note when you start placing conditions such as ‘If so-and-so exists, then thus-and-such, but if it’s only this-and-that, then…’

Pinks Theater, Times Square, G Alessandrini, 1995

In 2008 I published an academic article that tears into the ground on which prostitution laws are written: Sex and the Limits of Enlightenment The Irrationality of Legal Regimes to Control Prostitution, in Vol 5, No 4 of Sexuality Research & Social Policy. Its language is academic, though I always tried to avoid the worst, most pretentious and opaque language. The references cited are, I see, quite extensive and not the usual stuff in this odd field – and nothing from law journals, which I generally find unhelpful and self-serving, by which I mean they refer only to themselves and pieces of existing law, rarely with any insight into why the laws exist in the first place.

Barbershop, China

Abstract: To assess the reasonableness of projects to improve the governance of commercial sex, the author explores how rationality in its current hegemonic Western sense is a cultural construction, perceived differently across time and space within Europe. The author examines some aspects of how varying conclusions are reached about which legal prostitution regime to impose, taking into account the role of cultures, worldviews, and interpretation. The author avoids the conventional classification of policy by country that results in unsubtle and overdetermined nationalistic explanations. Current projects to govern prostitution show how the traditional Western idea of rationality fails to lead to social betterment. Worldwide, social policy on prostitution tends to follow Western cues, in seeming acceptance that West is the best, with the most progressive, most enlightened approach. The rational project is, therefore, not limited to European geography.

Key words: rationality; licensing; trafficking; evidence; interpretation

Massage parlour, Kathmandu

It begins: In this article, I examine concepts of rationality and social progress (in their hegemonic Western sense) as cultural constructions so as to assess the reasonableness of projects to improve the governance of commercial sex. Such projects take the form of legal regimes to control prostitution. The word prostitutionis neither a precise job description nor the designation of unequivocal or definite acts but rather an idea loaded with ambiguities and moral judgments. Social and feminist debates on this idea repeat themselves fruitlessly because there is no agreement on a single definition of prostitution; in fact, profoundly opposed worldviews come into play, with the result that participants talk at cross-purposes. The situation is even less viable when debates pretend to arrive at a system to govern prostitution.

I reveal how rationality is perceived differently across time and space by examining a few different European sites and cultural contexts. To look at some aspects of how varying and conflicting conclusions are reached regarding what to do about prostitution, I focus particularly on two concepts, trafficking and sex, taking into account the role of culture, worldviews, and interpretation in explaining varying perceptions.

I avoid the conventional approach that treats countries as wholly separable entities—an approach that results in unsubtle, overdetermined nationalistic explanations. I discuss the fact that many of those to be regulated avoid participating in regulatory projects (if they even know about them), rather prioritizing their personal convenience, goals, and financial advantage (apparently preferring to be marginalized, pitied, vilified, and criminalized). Finally, I reflect on how current projects to rationalize the governance of prostitution show the ways that rationality fails to lead to social betterment.

Local European phenomena provide the case study here, but these so-called systems are debated, and in theory applied, all over the world. The fact that the projects do not work in European contexts is suggestive. A strong panEuropean tradition holds that enlightenment rules social policymaking and that, once the right policy is identified, problems will be solved, at least for all supposedly reasonable members of society. Continue reading here.

Free sex after the 9th wash

As it happens, I did not know this article, difficult for ordinary mortals to even know about, has been hanging on a Columbia Law School website since 2009. It is very odd to think of people discussing my work who knows where, without my knowing about it. I’ve proposed other ways to think about things under the concept of The Cultural Study of Commercial Sex. More ambiguous pictures there and by following links.

Anyway, please share and cite the original article – there’s little like it out there, that’s for sure.

–Laura Agustín, the Naked Anthropologist

Cry with trafficked women: Colonial prurience and 3-star hotels

I’ve been ill a great deal this year and for the past month bowed down by a death, but the imminence of August cranked me up sufficiently to vent my now annual disgust at tours from the US that take well-paying travellers to gawk at and pity poorer people in Other Countries (who always smile in the photos taken, of course). If there is anything I hate it’s this. In 2011 I wrote Have fun, take a tour to meet victims of sex trafficking, learn to be a saviour, illustrating it with the egregious Kristof, who has not a jot of shame about looking like a Teddy Roosevelt Rough Rider. Given the sexual aspect, the word prurience came to mind: socially-sanctioned permission to be a voyeur, to go to bars abroad you wouldn’t set foot in at home as part of a do-gooding ‘social justice’ trip. To my mind, this is sex tourism.

This year’s tour to Thailand Delegation to End Modern Slavery and Human Trafficking is aimed at aspiring individuals. What might they mean by that? And why do they call this a delegation to end trafficking rather than, if not pure tourism, a first step towards understanding trafficking? The pretension is obviously meant to provide something to add to CVs, the way internships in impressive-sounding organisations do, though at least those last some months, whereas this tour takes a week (5 -12 August). Look at the rhetoric:

Global Exchange Reality Tours is facilitating this delegation to Thailand geared specifically to confronting the realities of the global trade in human beings. Participants will receive a comprehensive education in the mechanics of human trafficking, as well an understanding of its underlying causes. Participants will meet with those who have been freed from slavery and learn what it means to rebuild one’s life after having been a victim of trafficking, and will also engage directly with groups and individuals on the frontlines of the struggle to expose and ultimately end the trade in human lives.

This is B-movie-type public-relations prose: facilitating – delegation – geared – confronting – realities – global trade – human beings – comprehensive education – mechanics – human trafficking – participants – comprehensive education – mechanics – underlying causes – freed from slavery – rebuild one’s life – frontlines of the struggle – expose – end the trade – human lives. Nothing concrete, nothing real.

For those who aren’t clear as to why I call this colonialism, note the clear differentiation between Subject (tourist) and Object (exotic other). I believe this is the first time they claim tourists will talk with people who have been freed from slavery – an obvious pitch to the cheapest of sentiments. I am appalled that Global Exchange maintains any credibility. Last year I wrote the following in Summertime Imperialism: Meet sex-trafficking victims and other sad folk, because online sales of folkloric and supposedly authentic third-worldish objects is how GE started:

Gift-buying and helping projects wrapped together: One can see how the founders leapt to the idea of taking people on tours. Global Exchange says We are an international human rights organization dedicated to promoting social, economic and environmental justice around the world. Easily said. A list of current tours includes Caring for Cuba’s Cats and New Journey of a Lifetime to India with Vandana Shiva. Sound harmless?

I had doubts back then and still do, but those in favour argue the tours are a way for folks who know something is wrong with what they read in the media to see the truth. That’s in theory; the question is how easy is it to provide the truth with anything called a tour? Who decides where to go, what the focus of tours will be and which natives will provide entertainment? Is the idea that all middle-class people have to do is arrive in a poor country and set their eyes upon poverty and suffering in order to experience enlightenment? It’s a short jump from that lack of politics to becoming an Expert who knows What To Do about other people’s lives. Imperialist projects to interfere follow quickly.

Although individual tourists may learn good things from conscientious tour guides, a tour is a holiday, a vacation, whether you set out to see the temples of Bangkok or the bargirls or the trafficking victims. You take a tour for your own benefit and pleasure, even if your pleasure consists in feeling angry and sorry and guilty about what your own government does to people in poorer countries. You go to look at exotic others, and you can’t help drawing conclusions about whole cultures based on what you see – just as tourists and business travellers do. If you happen to talk with someone not on the tour agenda – on a bus, in a bar – then you probably feel chuffed that you saw real people and experienced authentic culture. This is all relatively harmless unless you happen to add this experience to your CV, claiming temples, bar girls or sex trafficking are subjects you are expert in.

This year they provide an itinerary, which includes:

In the morning drive to Chiang Mai: Check into Guesthouse
Visit local project
At night visit nightclubs and bars to observe night activities

It’s been made clear to me that ordinary people in the US have no understanding of what colonialism means and how they themselves perpetuate it. That needs work. Perhaps having broken the spell of not writing I’ll begin again now, even if it is August.

Laura Agustín, the Naked Anthropologist

Remembering Judge Himel: Bold assertions and inflammatory language not useful to the court

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

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

Evidence from Prostitutes and Former Prostitutes

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

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

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

Expert Evidence

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

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

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

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

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

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

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

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

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

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

–Laura Agustín, the Naked Anthropologist

My Erotic Award as Campaigner: win for a reasonable point of view

In the evening’s opening act a woman emerges from a plastic Chinese bag – those big plaid ones, but still, not easy to fold oneself into. With her head only showing she expels a ping-pong ball from her mouth, a sex-tourism joke that gets a huge laugh. Fully emerged, she holds up a series of signs indicating she is Lilly from Thailand, looking for a husband, wanting a British passport. The audience love it.

What a pleasure, that these jokes could be the cheery opening to the night’s events, unaccompanied by politically correct disclaimers like Remember there is a lot of misery and oppression in this horrible patriarchal world of capitalism. Just hijinks from Lilly, who keeps grinning and bowing. Instead, the audience is assumed capable of appreciating ironies. The event was the Erotic Awards taking place at the Night of the Senses, the 26th year of a kinky charity ball held to benefit Outsiders, which raises awareness about sex and disability.

I have never once thought of myself as a campaigner: mostly I just talk and write about ideas that are considered shocking by a lot of people who are campaigning for something: tighter migration controls, the abolition of prostitution, criminal penalties for people who engage in sex-money transactions. Campaigns have a clearly stated goal, like the slogans in this photo, whereas my work can be described as encouraging critical thinking about sex, money and migration and public policies affecting them. I require people to think for themselves rather than swallow a neatly digestible slogan. Campaigns are assumed to be energetic, focussed and goal-oriented, whereas I’m more meditative and reflexive.

Nonetheless, as I watch Lilly onstage I do feel I’ve contributed to the possibility that her act could be appreciated in this place at this time. I understand my win of the 2013 Erotic Award for Campaigner as the win of a point of view: that anti-trafficking rhetoric and policymaking have strayed too far from what most ordinary people know about their own friends, neighbours and communities, wherever they live in the world. Marriages of convenience, sex shows with ping-pong balls, exchanging sex for benefits, ‘help’ needed to get visas and passports are now widely understood to be part of ordinary and undemonic everyday life – not narratives of horror or slavery.

If you don’t know why I might have won as Campaigner, here are a few links:
My book Sex at the Margins: Migration, Labour Markets and the Rescue Industry
Other publications of mine
Videos of some of my talks

Award to Laura Agustín, Photo by Charlotte Cooper

–Laura Agustín, the Naked Anthropologist

Intellectual influence (or grooming, if you feel paranoid)

Recently I was accused of ‘academic grooming’ by someone disappointed that everyone who writes and talks about sex does not agree with her. The idea of grooming isn’t developed but interests me. It means preparing someone for a specific purpose, but in the world of concern about sexual abuse grooming is the process by which a victim is manipulated into a sexual relationship. To use the word about teachers or writers and students, university students have to be seen as so passive and gullible they unquestioningly accept everything they hear and read (only on the subject of sex?) and then become – what? practitioners of the perversion? This is puzzling, since no amount of narrow-mindedness can prevent students from hearing contradictory opinions about every topic all the time. Well, maybe it isn’t like that in some religious schools, I don’t know.

After I published Dear Students of Sex Work and Trafficking, one student wrote to me:

I was moved by your recent post regarding students. I am studying for a masters degree in sociology at the university of Copenhagen. For a couple of years i have followed your blog with great interest.

Last semester i did a project where we interviewed migrant women selling sexual services in Denmark. Your blog, articles and of course your book was a great inspiration as to how we approached the subject.
Because of your work, we were inspired to use feminist standpoint epistemology as a starting point. You also inspired us to be critical to our own positions.

If it was not for your expertise and work, we would probably have produced a boring paper repeating nasty stereotypes and neglecting the voices of women in marginalized positions. Actually, i really doubt we could have produced a paper without you. I doubt we would have been able to arrange interviews without being aware of various issues which you have highlighted in your book.

I am basically writing in order to thank you, and to let you know, that there are some students who do not expect you to do our work or anwer stupid questions.

So thank you Laura!

I wrote and thanked him for this message of support and got his permission to publish it here.

Remember those students in Basel that heard Catharine MacKinnon on prostitution one day and me the next? They may have felt quite disoriented or confused but then perhaps had to think for themselves and make up their own minds about the issues – a good thing, on my view. I’m optimistic about people’s ability to figure things out, including girls and young women like those a man is possibly observing closely in the Lewis Hine photo. I also take a conservative view about the power of my words to affect those who hear or read them. I remember, however, the gender-studies expert at Sussex who told me it was irresponsible of me to talk the way I do.

Anyway, the idea of academic grooming seems to be another example of psy concepts twisted and imposed to suit the needs of campaigners – like justifying resistance to rescue or rehabilitation as Stockholm syndrome or brainwashing.

The complaint ends I really do despair for young people today. Heavens, as long as amateur psychobabble is allowed, I’d like to suggest that such a statement is paranoid, seeing demons and dragons where only opinions exist – not to mention a failure to believe in university students to think and make judgements.

–Laura Agustín, the Naked Anthropologist

Video of Sex Work as Work: some ideas on labour policy and organising

Last month I spoke at the Dublin Anarchist Bookfair, held in Liberty Tower on the Liffey. There was some resistance to my insistence on sticking to the programme from a couple of audience members during the Q&A, but I was firm. I had been invited to talk about sex work as work for 30 minutes, which isn’t long, and it isn’t a definitive presentation. But in my experience these conversations rarely get further than the affirmation sex work is work, and I was glad to have the opportunity to begin to talk about practical issues of different sorts, not feminist or moralist issues and not trafficking! This video comes from the Workers Solidarity Movement (Ireland) and includes the Q&A session at the end.

A few people have complained the sound is bad. This must be an unfortunate conflict of softwares combined with Internet connections, because most people can’t hear any problem. Sorry if you are unlucky.

Other videos of me talking are on my Youtube channel.

–Laura Agustín, the Naked Anthropologist

Good-time girls and other non-professionals taking money for sex

Formalised money-sex exchanges get the attention and conflict: debates about exploitation and violence. Lots of other exchanges are ignored, a line is drawn between commercial and non-commercial sex. But that line is imaginary. Many people who expect to be compensated for their company will never call themselves sex workers or escorts, on the basis that they never ask for money. In Breakfast at Tiffany’s (the book, not the romanticised film), Holly Golightly distinguishes between professionals and others:

He asked me how I’d like to cheer up a lonely old man, at the same time pick up a hundred a week. I told him look, darling, you’ve got the wrong Miss Golightly, I’m not a nurse that does tricks on the side. I wasn’t impressed by the honorarium either; you can do as well as that on trips to the powder room: any gent with the slightest chic will give you fifty for the girl’s john, and I always ask for cab fare too, that’s another fifty.

Good-time girl (or guy) is only one of the names less professional people have been called. A few years ago I quoted a character in a  Lawrence Block book who described herself as a girlfriend taking money from friends. Another time I ran excerpts from a 1950s investigation that describes B-girls (B for bar) who are said to have drifted into prostitution after the easy promiscuity of bars. The police are perplexed because the girls look clean-cut.

Here’s another example, from The Sins of Our Fathers (1976), also by Lawrence Block. A young woman has been murdered, and there’s ambiguity about whether or not she was a prostitute. The investigator asks someone who had been her roommate a while back and then left the flat:

“What did she do, pass on one of her dates to you?”

Her eyes flared. She closed them briefly, drew on her cigarette. “It was almost like that,” she said. “Not quite, but that’s pretty close. She told me a friend of hers had a business associate in from out of town and asked if I’d like to date the guy, to double with her and her friend. I said I didn’t think so, and she talked about how we would see a good show and have a good dinner and everything. And then she said, ‘Be sensible, Marcia. You’ll have a good time, and you’ll make a few dollars out of it.’ . . . Well, I wasn’t shocked. So I must have suspected all along that she was getting money. I asked her what she meant, which was a pretty stupid question at that point, and she said that the men she dated all had plenty of money, and they realized it was tough for a young woman to earn a decent living, and at the end of the evening they would generally give you something. I said something about wasn’t that prostitution, and she said she never asked men for money, nothing like that, but they always gave her something. I wanted to ask how much but I didn’t and then she told me anyway. She said they always gave at least twenty dollars and sometimes a man would give her as much as a hundred. The man she was going to be seeing always gave her fifty dollars, she said, so if I went along it would mean that his friend would be almost certain to give me fifty dollars, and she asked if I didn’t think that was a good return on an evening that involved nothing but eating a great dinner and seeing a good show and then spending a half hour or so in bed with a nice, dignified gentleman. That was her phrase. A nice, dignified gentleman. . . I was earning eighty dollars a week. Nobody was taking me to great dinners or Broadway shows. And I hadn’t even met anyone I wanted to sleep with.”

“Did you enjoy the evening?”

“No. All I could think about was that I was going to have to sleep with this man. And he was old. . . Fifty-five, sixty. I’m never good at guessing how old people are. He was too old for me, that’s all I knew.”

“But you went along with it.”

“Yes. I had agreed to go, and I didn’t want to spoil the party. Dinner was good, and my date was charming enough. I didn’t pay much attention to the show. I couldn’t. I was too anxious about the rest of the evening.” She paused, focused her eyes over my shoulder. “Yes, I slept with him. And yes, he gave me fifty dollars. And yes, I took it. . . Aren’t you going to ask me why I took the money? . . . I wanted the damned money. And I wanted to know how it felt. Being a whore.”

“Did you feel that you were a whore?”

“Well, that’s what I was, isn’t it? I let a man fuck me, and I took money for it.”

I didn’t say anything. After a few moments she said, “Oh, the hell with it. I took a few more dates. Maybe one a week on the average. I don’t know why. It wasn’t the money. Not exactly. It was, I don’t know. Call it an experiment. I wanted to know how I felt about it. I wanted to… learn certain things about myself. . . That I’m a little squarer than I thought. That I didn’t care for the things I kept finding hiding in corners of my mind. That I wanted, oh, a cleaner life. That I wanted to fall in love with somebody. Get married, make babies, that whole trip. It turned out to be what I wanted. When I realized that, I knew I had to move out on my own. I couldn’t go on rooming with Wendy.”

This woman finds out about herself through an informal sex-money exchange some people call prostitution while others don’t. Another roommate might have been more enthusiastic about Wendy’s offer to share her lifestyle. Modest amounts of money are involved, but Wendy is spared taking a dull, ill-paid full-time job. Not much like more lucrative sugar-daddy arrangements? Or the same on a different scale? And does it matter?

–Laura Agustín, the Naked Anthropologist

I am not Michael O’Leary, and other meditations on public performance

Photo of Laura Agustín by Workers Solidarity Movement (Ireland)

Doing public gigs exposes one to all sorts of comment, some nice and some not so nice. At University College Dublin I sketched out the ideas in Sex at the Margins – a book that began in the early 90s with me listening to Dominican villagers, ten years later became a doctorate on the Rescue Industry and three years after a published book. At the Anarchist Bookfair I talked about Sex Work as Work (a video of the talk will be online soon).

This talk was only 30 minutes long so I had warned I didn’t intend to get bogged down in arguments about the meaning of prostitution. Nevertheless, the first person called on after my talk began to lay out an argument that prostitution is oppression of women and so on, so after not long I interrupted her from the stage to ask Do you have a question? No, she said, she wanted to debate. I said, This time is for questions about my talk. She quickly framed one, which was

Will you condemn the sex industry as patriarchy?

I said no, because that question is too broad and general to have meaning for me. It’s a bottom-line question, and by saying no without explaining all the ins and outs of my thinking I will have sounded like an anti-feminist to some. But if I travel so far to speak without pay I really do want to hear audience reaction to what I do say, not to what I don’t say.

All other questions asked were interesting, but at the end there was

How can we move toward a society in which sex is not commodified?

Photo by Workers Solidarity Movement (Ireland)

Anarchism takes in a wide variety of ways of thinking. I accept that talking about revolution and how things would be afterwards is really interesting and important to many, but my talk had been about feet-on-the-ground ways to better the lives of people who sell sex through employment policy and organising. So I replied

I don’t know. Everything else is commodified, why should sex be different?

This provoked a tweeter to say

Michael O’Leary, the million or billionaire owner of Ryanair, is widely hated in Ireland. I can’t find a single significant thing he and I have in common. When I have more time to talk about commodification I discuss the odd point that even mother love is accepted by most of the same objectors as being ok to buy and sell in the form of nannying and caring for children and older and sick people. The same tweeter said

Although an interest in revolution and utopia are only one of many possible topics subsumed by feminism or anarchism or any other ism, those wanting to discuss them always assume the moral high ground. Practical, pragmatic arguments about the here and now would seem to occupy a lower place in the hierarchy according to some. But not according to me, and I also dislike being challenged to show I am a good or righteous person publicly, merely as an exercise to label me – really to show I’ve failed some ethical test.

People ask me how I deal with being disliked or vilified. I accept that appearing in public exposes me, and I don’t always express myself perfectly. I don’t read prepared papers and I avoid standing behind protective podiums. I’m not a trained performer. But beyond those reasons, in order to talk about the formal-informal sector divide in government accounting and how it affects employment policy, the ILO’s conclusions in its report The Sex Sector and what the term ‘sex industry’ comprises, in 30 minutes, one has to omit the disclaimers. I could begin every point by condemning inequality, sexism, racism, imperialism, the oppression of women and poor people, but then I would lose a big chunk of the time I’ve got for the talk, and I’m not willing to do that. So I regret when I am misinterpreted badly, but I accept that it comes with the territory.

–Laura Agustín, the Naked Anthropologist

Coda

The prohibition of things: Deterrence, Punishment and Rescue

The idea of a government outlawing activities accomplishes only one thing clearly: It tells citizens that government has decided something is Wrong and now outlaws doing it. Sending A Message is the principle act behind the Swedish state’s promotion of its law against buying sex, and it is the principle act behind all the other politicians and would-be policymakers who want the law for their countries. Everyone wants to be seen to be Taking a Stand against immoral behaviour. Try bringing evidence into the conversation and you will quickly learn how irrelevant it is; you can find Swedish promoters themselves saying things like We know it doesn’t work but we want to be in the forefront of Gender Justice. This is about standing up for how you think society should be and doing it publicly, and trying to save people from their own immoral selves by outlawing bad things that attract them.

Any other claim about what prohibitionist laws achieve when they outlaw social activities like sex, drinking and drugs is not supported by evidence. That’s because, after the law is passed and the message is sent, individuals deal with prohibition deviously. That is, social pressure is strong to go along with the moral stand taken, but on the private level folks don’t intend or aren’t able to stop taking their own pleasures. So buyers and sellers of drugs, alcohol and sex become creative, some of them maintaining a disapproving stance in public at the same time.

The main claim made by prohibitionism is its deterrent effect, which holds that people will be put off breaking the law a) simply because it is illegal; b) because they are afraid of being put in prison; c) because they do not want to be publicly shamed and lose social status, whether they go to prison or not. In Foucauldian terms a punishment has to be threatened that can rob the crime of all attraction, so the potential perpetrator stops. Shaming is thus proposed by those who would prohibit buying sex (names and photos published on a website, for instance). Heart-rending pictures of victims are distributed to add to the shame at wanting to participate. When those don’t seem to work, or when perpetrators go ahead and pay fines when they are caught instead of resisting charges, prohibitionists propose the ante be upped to obligatory jail sentences.

I wrote about deterrence early on in Sex Workers and Violence Against Women: Utopic Visions or Battle of the Sexes? The theory of deterrence sounds as though it might work to put people off getting punished, but people are not very logical or sensible when it comes to their bodily pleasures – eating, smoking, drinking, drug-taking, sex. I hope someone is documenting the techniques being used as part of a criminology project somewhere – let me know if you are! [Other uses of deterrence are more complicated, see Deterrence in Criminal Justice.] I do wish Foucault were here to talk with me about this.

The prohibition of alcohol in the USA provides insights, though we shouldn’t generalise about everything and everywhere on the basis of them. I only bring it up because Slate just published these elegant cards patrons could carry and show at the door of drinking clubs in midtown New York between 1920 and 1933, the years when making and selling alcohol was prohibited. Calling it a club didn’t make drinking there legal, but if drinkers belonged to insider networks they would get a card, and doormen felt safer letting them inside the venues (the theory being that police and their informants wouldn’t manage to get a card).

Slate says

These cards represent clubs both famous and obscure. The card on the upper right would have admitted a partygoer to the glamorous Stork Club in its second home, which it moved into after it had been “raided out” of its first on West 58th Street. . . All of these cards are for establishments located on roughly the same latitude in midtown Manhattan. In the Prohibition years, according to Irving L. Allen, the blocks between 40th and 60th streets in Manhattan were rife with speakeasies.

The cards show how deviance develops when a market exists for an outlawed activity. Buyers and sellers find each other, including in upper social registers where patrons obviously must include some of the very people who have Taken a Stand and voted in a prohibitionist law. The cards also show how little deterred alcohol-drinkers were.

Then, of course, and far more convincing: all kinds of buying and selling sex are prohibited by criminal law all over the US, except in those few rural counties of Nevada where brothels are allowed. How in the world anyone could propose prohibiting the buying of sex as a deterrent is beyond me.

–Laura Agustín, the Naked Anthropologist

Sex at the Margins: The book that named the Rescue Industry

Sex at the Margins: Migration, Labour Markets and the Rescue Industry was published by Zed Books in London in 2007 and is distributed in the US through Palgrave Macmillan. I blog often about issues covered in the book, and many of my published articles are available on this website, but to get the full picture, to see how the different topics join up, you need to read the book. As I said recently in Dear Students of Sex Work and Trafficking, my ideas can’t easily be boiled down to bullet points or a FAQ.

Although the book sells steadily despite getting no real promotion and is on many university reading lists, you are unlikely to find it in bookstores. But it is easily available to buy online in several formats:

  • Sex at the Margins as a hardback and paperback on Amazon.
  • Sex at the Margins at Audible.com, where you can listen to a sample. The whole book occupies 6 hours and 45 minutes.
  • Sex at the Margins on the Kindle.
  • Sex at the Margins on the Nook.
  • Sex at the Margins on the Kobo.

Audible Editor-at-Large Susie Bright entitled her announcement

The Rescue Industry is Built on Migrant Sex Workers’ Backs:
Laura Agustín’s Rip Roaring Exposé – by Susie Bright

Laura Agustín has almost singlehandedly changed the international debate about the definition and exploitation of the “sex trafficking” world as it is manipulated and exploited by NGOs, the Rescue Industry and major political players.

The corruption and dissembling that is going in the name of “saving victims” is truly shocking, and that’s why Sex at the Margins has been on every feminist, public policy, and migrant rights desk since its first appearance.

“This groundbreaking book explodes several myths: that selling sex is completely different from any other kind of work; that migrants who sell sex are passive victims; and that the multitude of people out to save them are without self-interest.”

The fact that Agustín is an international multi-lingual genius [ Susie a bit over the top here], who can appear in Sweden or Italy or Nairobi at a moment’s notice to speak truth to power, has turned the world on its ear when the usual liars come out to press their sanctimonious case on “fallen women.” She will not suffer fools gladly and she WILL demand evidence.  (Check out her debate with Mira Sorvino at the UN!)

Whatever Laura does next, Margins will remain as the classic that started the fireworks. As far as I’m concerned, this book is the vanguard of feminism and the bleeding edge of migration consciousness.

You can of course also order it in any bookstore.

Laura Agustín, the Naked Anthropologist

A Migrant World of Services: the emotional, sexual and caring services of women

Since I’ll be talking about sex work as a labour issue at the Anarchist Bookfair, I thought I would re-run an early academic publication of mine, A Migrant World of Services. In my quest to understand why so many people disqualify selling sex as a potential job, I looked critically at traditional economic concepts such as the distinctions between productive and unproductive labour and between formal and informal employment sectors. I discovered these concepts are entirely arbitrary and out-dated and produce oppression for no good reason. For example, the majority of women’s work inside homes is labelled unproductive, and probably the majority of women’s jobs outside the home are also disqualified as real and productive by relegating them to the informal sector of the economy. I couldn’t see, and still cannot, how an economic sector  named Services, which takes in a raft of jobs, could exclude so many women’s jobs, so I also investigated ideas about emotional and caring work. Not only migrants are ripped off by these disqualifications – all are, and when men do these jobs they are as well.

A Migrant World of Services (pdf)

Social Politics, 10, 3, 377-96 (2003)

Laura Maria Agustín

Abstract: There is a strong demand for women’s domestic, caring and sexual labour in Europe which promotes migrations from many parts of the world. This paper examines the history of concepts that marginalise these as unproductive services (and not really ‘work’) and questions why the west accepts the semi-feudal conditions and lack of regulations pertaining to this sector. The moral panic on ‘trafficking’ and the limited feminist debate on ‘prostitution’ contribute to a climate that ignores the social problems of the majority of women migrants.

In a variety of scenarios in different parts of Europe, non-Europeans are arriving with the intention to work; these are largely migrant women and transgender people from the ‘third world’ or from Central and Eastern Europe and countries of the former Soviet Union. The jobs available to these women in the labour market are overwhelmingly limited to three basic types: domestic work (cleaning, cooking and general housekeeping), ‘caring’ for people in their homes (children, the elderly, the sick and disabled) and providing sexual experiences in a wide range of venues known as the sex industry. All these jobs are generally said to be services.

In the majority of press accounts, migrant women are presented as selling sex in the street, while in public forums and academic writing, they are constructed as ‘victims of trafficking.’ The obsession with ‘trafficking’ obliterates not only all the human agency necessary to undertake migrations but the experiences of migrants who do not engage in sex work. Many thousands of women who more or less chose to sell sex as well as all women working in domestic or caring service are ‘disappeared’ when moralistic and often sensationalistic topics are the only ones discussed. One of the many erased subjects concerns the labour market—the demand—for the services of all these women. The context to which migrants arrive is not less important than the context from which they leave, often carelessly described as ‘poverty’ or ‘violence.’ This article addresses the European context for women migrants’ employment in these occupations. Though domestic and caring work are usually treated as two separate jobs, very often workers do both, and these jobs also often require sexual labour, though this is seldom recognised. All this confusion and ambiguity occurs within a frame that so far has escaped definition.

For the rest, get the pdf.

–Laura Agustín, the Naked Anthropologist

Sex on Sunday: Beware of the Anarchist Bookfair & its devilish talk on sex work

The Anarchist Bookfair is next Saturday 6 April, and I am looking forward to talking specifically about ideas related to sex work as a job or occupation or livelihood or profession – without giving centre-stage to feminist arguments, or any other -isms for that matter. That does not mean I think feminisms are irrelevant, but the focus on them has impeded dealing with labour policy on commercial sex for donkey’s years. All my ideas are infused with concepts of social justice whether they come from anti-racist, anti-imperialist, anarchist, socialist or feminist traditions. I’ve been a second-wave and third-wave feminist in my own way and plan to belong to future waves, as well – but consider arguing about which specific ideas are ideologically correct a waste of my time.

At University College Dublin on the 4th I’ll talk about Sex at the Margins, the full monty.

–Laura Agustín, the Naked Anthropologist

Dear Students of Sex Work and Trafficking

I receive ever more messages from students doing advanced degrees. Almost invariably they request that I answer their personal questions – usually fundamental, 101-level questions I have written about many times and that one could probably find the answer to by googling (including my name if the question is what would I say). The messages sent me also tell where writers have been on my website before arriving at the contact form, and most often they haven’t been anywhere at all.

I used to reply by pointing them to the various kinds of resources on my website:

But I have grown tired of sending such obvious messages; this website is clear and easy to navigate. Someone suggested I write a FAQ, and I was once asked for a list of bullet points summarising my knowledge. I will never provide either of those. Not on principle, no, but because pretty much the whole thrust of what I do is refuse to reduce complex questions to easy summaries or snappy slogans. What would bullet points say, anyway?

  • The average age of entry into prostitution is not 13.
  • There are not 30 million slaves in the world.
  • Some people like selling sex, some dislike it and some don’t mind much.
  • Poorer people are also capable of deciding what to do with their own lives.

You see? Ridiculous. I’ve heard numerous theories about what this need for spoon-feeding means: the Internet makes it too easy to write and ask, these are elitist kids with a huge sense of entitlement, people think it’s part of an academic’s job to help all students, reading is dead, helicopter-parenting teaches students to expect continual mentoring, people think women are born to serve, kids are just arrogant or impolite, it’s a type of intellectual exploitation or plagiarism, they think answering questions is part of every activist’s job. Since I’m not an academic and work freelance, I’m specially bothered when it’s assumed I should take time to do unpaid work on their behalf (for example, and I’m not kidding, act as their supervisor during their phd).

Suggestions of how to handle these queries include delete instantly, send a standard reply, give a price for the consultation. Here is the delightful form-letter author Robert Heinlein sent out 35 years ago. Like Heinlein, I do engage with people who show they have been reading me, who express gratitude and who offer an interesting insight – even one in question-form. In an attempt to fend off the usual ‘Talk with me about trafficking’ messages, I placed this notice for contacting me on this website:

Laura Agustín regrets that she cannot help students with papers or theses or act as a sounding-board for ideas and doubts, no matter how interesting they may be. If your enquiry relates to migration, labour markets, trafficking or sex work then use this website and you’ll find answers.

That was before I went to bed; when I awoke and opened my mail the next day alas, there was a fresh message someone had just written directly underneath the disclaimer.

l am a graduate student at… I am studying trafficking and the sex industry. I realize you are busy, but would you answer my questions about sex work? I could really use some help in making sense of it.

Conclusion? Some people don’t read. This would be banal except that they are supposed to be reading for a living, as (post)graduate students, teaching assistants, would-be professors. I suppose a lot of them have no sense of vocation but hope doing a degree will facilitate getting a good job (. . . ). The contradiction here is that if I do send an answer they have to read it. Perhaps they are more willing to if they have been spoon-fed.

Anyway I’ve decided: I won’t worry about and will now delete questions of this kind. Thanks to all others, including students, who write to me with interesting tit-bits, suggestions, encouragement and even the occasional job. I love getting mail.

–Laura Agustín, the Naked Anthropologist

The Em- of Empowerment: Neoliberal missionaries and maternalism

I remember where I first heard the word empowerment. It was a poor, not very attractive place, the kind celebrities visit to have feel-good photos taken of themselves hugging children who appear to adore them. The girls at Somaly Mam’s over-visited home for ex-victims of trafficking are regularly required to perform the emotional work of gazing happily at rich visitors from abroad (as in this shot the US State Department has the nerve to call ‘diplomacy’).

Celebrity Rescuers like Shay Mitchell imagine they are experiencing Love:

My friends and I went to [a Mam] center, and we literally got out of the truck and the younger girls were running to me and my friends. They hadn’t met us before, they had no idea who we were. They didn’t care. It was just the fact we’d come to visit — that was enough for them to come up and give us a hug. They were saying, “Sister, sister.” That was unconditional love like I’ve never felt in my entire life.

That’s a lot of naiveté, even for a missionary. Do these folks actually not know that oft-visited residents learn how they are meant to greet fat-cat visitors? And there’s a jolly neoliberal proposition:

Somaly has heart-and-hand necklaces . . . They’re survivor-made products and when you purchase them, you’re helping a survivor become financially self-sufficient.

Self-sufficient – Is she kidding? Mam’s website is characterised by statements like We help victims of sex slavery to become survivors, and empower survivors as part of the solution. Thirteen years ago I wrote the following piece daring to doubt the idea of empowerment, and I haven’t changed my mind today. (More repellent feel-good photos here, if you can stomach them. Below, I do believe some of the faces from another Mam photo shoot are the same as above)

The Em- of Empowerment: Injecting pride in unwilling subjects?

Laura Agustín, Research for Sex Work, 3, 15-16 (2000).

The verb is transitive: someone gives power to another, or encourages them to take power or find power in themselves. It’s used among those who want to help others identified as oppressed. In Latin America, in educación popular, one of the great cradles of this kind of concept, the word itself didn’t exist until it was translated back from English. To many people, if they know it at all, the word empoderamiento sounds strange. It’s an NGO word, used by either volunteer or paid educators who view themselves as helpers of others or fighters for social justice, and is understood to represent the current politically correct way of thinking about ‘third world’, subaltern or marginalised people. But it remains a transitive verb, which places emphasis on the helper and her vision of her capacity to help, encourage and show the way. These good intentions, held also by 19th-century European missionaries, we know from experience do not ensure non-exploitation.

In the current version of these good intentions, ‘first-world’ people and entities use their funds to help or empower those less privileged. They spend money to set up offices and pay salaries, many to people who remain in offices, often engaged in writing proposals that will allow them to stay in business. These organisations have hierarchies, and those engaged in education or organisation at the grassroots level often are the last to influence how funds will be used. Those closer to the top, who attend conferences, live in Europe or have career interests in the organisation, know how proposals must be written to compete in the crowded funding world. This condition of structural power should not be overlooked by those concerned with empowerment, who more often view themselves as embattled, as non-government, as crusaders situated against conservative policies. Yet, when a concept like empowerment comes from above in this way, we needn’t be surprised at the kind of contradictions that result—literacy programmes that don’t keep people interested in reading, AIDS education that doesn’t stop people from refusing to use condoms.

To empower me as a sex worker you assume the role of acting on me and you assume that I see myself as an individual engaged in sex work. If I don’t see myself this way, then I am disqualified from the empowerment project, despite your best intentions. The identity issue here is crucial; funders and activists alike are currently interested in valorising cultural and individual difference. While it is a great advance to recognise and ‘give voice to’ human subjects who were before marginalised or disappeared, the problem remains that if you want to inject pride in me that I am a worker and supporter of my family and I don’t recognise or want to think of myself that way, the advance won’t occur, in my case.

But, you say, those are the real conditions, we live in a world of funders and partial successes. We’re doing the best we can, and we acknowledge that these empowerment projects often fail. Since it’s to no one’s benefit that successes be quite so partial, let’s consider whether there is any way which this empowerment concept might be conceived differently, forgetting for the moment the funder and his funds.

In educación popular, in programmes sometimes called capacitación [capacity-building], people get together to talk, sometimes with the encouragement of a person from ‘outside’. This person might be called an animadora or an educator, her job to facilitate conditions where subjects might realise they have a problem in common which, if they acted together, they might be able to move toward solving. I’m describing a very fundamental, ‘pure’ version, perhaps, now complicated in many places in many ways by different histories, international contacts, hybrid forms. Still, it’s worth considering what the most basic idea always has been.

Here, the most the outsider does is provide the suggestion of a time and place, with perhaps a very basic reason for getting together, perhaps just ‘meeting neighbours’. Who finds out about this meeting? Everyone who lives there, if it’s a village or small barrio and people talk to each other fairly freely. Letting people know can be an important task of the outsider. Sometimes, in larger places, an ‘identity’ is targeted, but it can be a very general identity, such as everyone concerned to improve conditions in the community.

The educator/animator might suggest the group talk about a topic such as how to get running water, bus service or rubbish collection—topics of concern to everyone, including sex workers. Or she might present a question—such as why everyone is talking about migrating to work somewhere else—and hope people will respond. But if they don’t, and if nothing seems to happen, her job is to resist the temptation to push the conversation. The hope is rather that if people feel free to talk, they will, eventually, if only to see if others share their feelings. This process can be extremely slow and even invisible, and no money or materials from outside are required. The profound assumption is rather that people themselves already know a lot—what they want, what they need. If they agree after some time that a technical fact or help is needed that none of them possess, then they might feel ‘empowered’ to search for that fact on the outside.

Does the ‘outsider’actually need to be there during this process? The answer depends on the person, on how quietly encouraging she is, on how patient and undisappointed if the group doesn’t take off, agree on anything or if it agrees to a programme the opposite of what the funders want.

Can this vision be applied when funders seem concerned solely with the sex organs of people assumed to ‘identify’ themselves as sex workers? If educators must ‘target’ prostitutes as those who come to a meeting? Perhaps, if the same kind of mostly undirected sharing of experiences is encouraged. Many times sex workers will then be heard to discuss not sex, clients and condoms—the topics always brought up by funders—but all the other aspects of their lives, which are not peculiar to them as sex workers. They might talk about a new song, a new dress, a new club—or a new idea for getting together to protect and help each other.

Laura Agustín, the Naked Anthropologist