Tag Archives: research

Sex at the Margins: holiday gift or way to escape the celebrations

zedcoversharpandbrightSex 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 in Dear Students of Sex Work and Trafficking, my ideas can’t easily be boiled down to bullet points or a FAQ.

This book is not out of date. Listening to recent arguments against allowing women to sell sex in France it struck me I would be making the same analysis as the one I made ten years ago if I were doing the research now in Europe. Abolitionists and other Rescue Industry folks fail to comprehend what motivates migrants just as hard-headedly as they did 20 years ago, when my attention was first caught by them. It would seem that middle-class Rescuers are blind to the lack of options available to so many migrants and refuse to believe they have learned about life through experience, instead projecting their own feelings without even a pretense of listening to them.

What study after study has found all over the world is that migrants often prefer to take up riskier, better-paying jobs when the alternatives also offer low prestige and much less money. In the course of my wanderings to try to understand, before it could be called research, I learned that many women not migrating look at the world and their places in it in the same way, and that has not changed either. The margins in this book are occupied not only by migrants but lots of people who haven’t travelled anywhere.

Although Sex at the Margins sells steadily without getting any 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:

Happy reading or listening!

–Laura Agustín, the Naked Anthropologist

Judge dismisses academic claim to sex-trafficking expertise

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

38 For those reasons I dismissed the application.

D.F. BALTMAN J.

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

–Laura Agustín, the Naked Anthropologist

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 interested in the idea of evidence – what qualifies, how it’s evaluated. Or read her full decision. Before discussing experts’ views she addresses conflicting evidence from women who sell sex.

Evidence from Prostitutes and Former Prostitutes

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

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

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

Expert Evidence

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

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

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

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

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

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

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

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

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

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

–Laura Agustín, the Naked Anthropologist

Law against buying sex: Yawn, not even on the timeline

Who cares about the law against buying sex? City, a free newspaper like Metro, ran a page recently on sex laws in Sweden.

17 steps to a softer vision of sex
A lot has happened on the sex front in the past 100 years.
Follow City’s timeline to see how the vision of sex has changed.

The choice of landmarks to put on this timeline is interesting; obviously not all legal events concerning sex in Sweden in the past 100 years were included. Those chosen reflect familiar forms of liberalisation most people are now comfortable with: contraception, abortion, homosexuality, discrimination, partnerships.

The law criminalising the purchase of sex, sexköpslagen, is absent, as are other laws that contradict the headline that says everything’s become ‘softer’ (more permissive/less strict; soft and softer aren’t Swedish words). One friend said editors would omit the sex-buying law as insignificant to 90% of the readers – just one of those odd laws ordinary people don’t understand and have no opinion about. City is an unpretentious, popular paper commuters pick up outside train stations.

If you only look at news sources that consider themselves to be Important, keeping the record of what national government figures say and do, you get a different impression – that laws like sexköpslagen are symbols of Swedish policy on equality. Some people think this hegemonic news is more important. Some think it’s significant that only one MP actively opposes the law, but my guess is the others just want to avoid trouble from aggressive state feminists. Then there’s the fact that most people just don’t know there are normal sex workers in their lives, because everyone keeps quiet about it. That’s what stigma accomplishes, and it’s the opposite of normalisation.

Anti-prostitutionists exaggerate effects of the law constantly, and claim that a single survey on ‘attitudes’ about it proves its popularity amongst Swedes (Kuosmanen 2010). But the author himself cautioned against believing his results, given that ‘of the 2500 questionnaires that were distributed, 1134 were returned, providing a response rate of 45.4% and a missing rate of 54.6% from the entire sample.’ It turns out a large proportion of males receiving the survey failed to respond, meaning, Kuosmanen warned, ‘the results should be interpreted with a degree of caution, particularly as regards questions that concern experiences of the purchase and sale of sex, where there is, in addition, a degree of internally missing data.’

I doubt most people who received the survey knew much or had ever thought about the law. What does it matter, then, how they answered the questions? I don’t understand the significance of an attitude survey, as though the population were a marketing focus group asked to indicate whether a new flavour of yogurt has a future amongst consumers.

It would be interesting to see a parallel timeline of ‘harder’ or less permissive visions of sex during the same period: laws widening the definition of rape and women’s sexual vulnerability (which sexköpslagen is grounded in). The presence of both tendencies at the same time shows how society tries to ‘progress’ vis-a-vis sex, deciding which forms of sexual liberation and control to promote, which kinds of sex are good and bad. Politicians make hay of this stuff, while everyone else gets on with doing what they want, mostly – as discussed the other day under the rubric Prohibition.

–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