OFF THE WIRE
By Rich_Maloof
A tricky question as news from Maine unfolds.
The prostitution scandal in small-town Maine has been deteriorating into a case
of she-said / he-paid. The question of who broke the law has already taken a
second seat to who should be shamed, the alleged
prostitute at a Zumba fitness studio and her business
partner or the dozens of male customers on the Zumba
defamed former IMF director, revolves around the fairness of “criminalizing
lust.”
For a country with a strong puritanical streak,
America has proven remarkably tolerant of sex workers and their clientele. Hugh
Grant is still a movie star, Heidi Fleiss enjoyed as much celebrity as
notoriety, and Eliot Spitzer navigated a transition from disgraced politician to
nightly political commentator. In
the Kennebunk case, attorneys for the male johns are fighting to protect the
release of their names, characterizing them as victims
of privacy invasion.
The case for decriminalizing prostitution has not held sway in the U.S.
despite the apparent leniency in the court of public opinion. With the exception
of laws in parts of Nevada, lawmakers maintain that prostitution is inherently
demeaning and that legalization would contribute to the expansion of human
trafficking. Even with regulations in place, women could not be adequately
protected against exploitation and the violence perpetrated by johns, pimps and
traffickers. Poor women desperate for income might find themselves with no
option other than turning tricks, and ever-younger girls would be drawn into
dark and dangerous circles.
Proponents, meantime, have said that prostitution
should be sanctioned and regulated in part because the world’s oldest profession
will never go out of business. It is inevitable, the argument goes, so we’re
better off improving the conditions than pretending we can control the trade.
Unionizing sex workers would yield legal rights protecting them against
traffickers and regulating health standards to stem the tide of sexually
transmitted diseases. While those opposed to legalization (notably Nicholas
Kristof of NYT)
cite the rampant victimization and increased risk of HIV in countries India and
Cambodia, those in favor point to Germany, the Netherlands and our own state of
Nevada for evidence that legalization would not increase human-slave
trafficking.
If ever the U.S. were to rethink prostitution laws and regulations, they
might look something like the law Sweden enacted in 1999. The Kvinnofrid law
made it legal to sell sex but not to buy it. That is, prostitutes couldn’t be
charged with a crime but their clients would be charged, as would traffickers,
pimps and brothel operators. Hotly debated, with even advocates of women’s
rights on both sides, the law was passed based on the belief that prostitution
would always prevail with or without a ban. As our slack-jawed nation watches
the news unfold in a scenic, tourist-friendly town in Maine, that much seems to
be beyond debate.
Photo: Chas Ray Krider/Getty Images
Bing: Get the latest on the Zumba scandal.