Anti-prostitution hysteria threatens rights

April 19, 2000
Issue 

PERTH — The frenzy against street prostitution in the inner suburb of Highgate reached new heights when two women were served with restraining orders "on behalf of the general public" and police blockaded several surrounding streets.

The local media has added to the hype, with front-page headlines screaming "Whores must go". Newspaper hacks have claimed that prostitution endangers innocent residents' lives; letters to the editor screech about the immorality of prostitution.

New legislation to deal with prostitution is being drafted by the Western Australian parliament in response to pressure from both residents and street-based sex workers. The new legislation is to be debated in parliament in the next few months.

Laws passed last year have proven to be unacceptable to all sides. Current laws on prostitution are ambiguous and have led to increased harassment and abuse of sex workers, particularly street workers.

Under the current laws, women are allowed to work from their homes, as long as there is never more than one worker on the premises at one time, making sex workers vulnerable to rape and other violence by clients.

Police also have the power to stop and search women. Strip searches in particular are often used by police dealing with street workers, according to a spokesperson for Phoenix, a support group for sex workers. Last year, a police officer was charged with raping a sex worker after he demanded sex in exchange for not charging her.

According to Claudia Fuentes-Beltran, who is active in the recently formed Decriminalisation of Prostitution Action Group, these incidents are examples of why prostitution should be decriminalised.

"Women engage in prostitution for a variety of reasons, but the fact that the work they do is illegal massively inflates the risks associated with it, leaving workers open to rape, violence and abuse", she told 91×ÔÅÄÂÛ̳ Weekly.

According to Greens MLC Giz Watson, who is heavily involved in the moves to draft the new prostitution laws, the WA parliament "needs to look closely at decriminalisation" to increase workers' and public safety. Watson argues for greatly expanded drug rehabilitation programs, vastly improved economic choices for women, and the encouragement of safe sex in the industry.

Watson has proposed that the new laws include a clause on making unprotected sex illegal — a move not supported by sex workers' advocacy groups.

Prospects for full decriminalisation are not high, according to Watson. "The state government doesn't want to address pressing social and political problems", she said. This has been one reason why the present legislation was hastily passed before last Christmas with "unacceptable provisions".

In order to pass new legislation, the government will probably have to make a deal with either the Labor Party or former Labor and now independent MP, Mark Neville.

Labor has already agreed to allow entrapment of sex workers into the new laws, while Neville has indicated he would be prepared to allow police to have the power to detain people suspected of engaging in prostitution — workers and clients — without charge for 12 hours. As it stands, the legislation would also mean that people found by police to be carrying condoms could be suspected of engaging in prostitution.

Meanwhile, the lengths that the local council and police are going to to rid Highgate of prostitution are extraordinary. Roadblocks are being randomly set up each night, and anyone entering the area "without a lawful excuse" is questioned.

Police are threatening to inform wives and girlfriends that their partners are "kerb crawlers". Local newspapers have outlined plans by the local council — to cost $10,000 — to deprive sex workers of income and force them out of the area. The plan includes the employment of "temporary rangers", bicycle patrols and undercover police officers.

In response, actions have been organised to defend sex workers' rights. Two protests have been held to demand the decriminalisation of prostitution, and against the issuing of restraining orders against sex workers.

"This shouldn't be an issue regulated by morality", Fuentes-Beltran argues. "It's an issue of public health and the right of all workers to a safe workplace in which they are able to take action to defend their wages and conditions. Criminalisation of sex work only forces it underground, where women are more vulnerable to assault and exploitation by clients, pimps and corrupt cops."

A number of groups, including the International Women's Day Collective, are planning to campaign on the issue and more protests are likely in the lead up to the debate in parliament.

BY TRISHA REIMERS

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