Comments

1
Yeah, that makes perfect sense. Always has. But you're never going to sell the Bible-thumpers on it.
2
Amen Dan, and the only thing to add is strong unionization of sex workers as in the Netherlands.
3
Right, if we legalized sex work then it could be regulated, just like the oil industry and the nursing home industry and the banking industry...
4
@3: What do you think those industries would be like without regulation?
5
What @3 said.
6
But where will all the cheap, misogynist johns go under your system, Dan? Surely an unregulated industry would serve their needs better.
7
@3 Right, because some industries get away with almost everything under regulation (just think what the "everything" would look like, as @4 says), we should stop even trying. Fantastic.
8
Jeez Dan, next you'll say we should 'legalize marijuana', or some other crazy talk.
9
Dan,
Do you support marriage rights for polygamists?
10
Somebody should just start it. Start an underground, illegal organization that basically regulates sex work and the workers they employ under completely safe and ethical standards. Like a drug dealing pyramid, but with sex work and ethics.
11
@9: I do. What's your point? I mean, I'd hate for King Solomon to have been in a filthy degenerate heathen immoral relationships with the swaths of women he seems to have acquired....
12
Want to Stop the Sex Trafficking of Underage Girls? Legalize Prostitution.


I support legalization, but this is flat-out wrong. Countries that have legalized prostitution (even American liberals' precious Netherlands) have seen a huge increase in trafficking since legalization.

@6,

They'll go to the MANY brothels that flout the law and force women into sex slavery anyway.
13
Absolutely, decriminalize prostitution! I was never a hooker, but I was a sex-worker, and I would have gladly paid "sales tax" for every dick I sucked and every pussy I fucked. Taxes on a multi-billion dollar industry could fix every pothole in the City!
14
At first I thought that Goldy wrote this (although admittedly it makes more sense that Dan did) in response to the raucous diddly-sesh that went down behind his house again.
15
Good.

Now that we've legalized it, let's make an automatic 20 year sentence for any john who has sex with underage children and ship them to Iraq and Afghanistan to "defend" them while our troops come home.

Makes sense to me.
16
I /would/ agree, but according to what I've read, the highest rates of human trafficking in Europe are in...The Netherlands, where prostitution is legal. I'm not exactly sure what to think. Is that a coincidence, or is it because the cases are more often reported there? Some info from Wikipedia, which as well all know, is now God:

In Netherlands, it is estimated that there are from 1,000 to 7,000 trafficking victims a year. Most police investigations relate to legal sex businesses, with all sectors of prostitution being well represented, but with window brothels being particularly overrepresented.[115][116][117] In 2008, there were 809 registered trafficking victims, 763 were women and at least 60 percent of them were forced to work in the sex industry. All victims from Hungary were female and were forced into prostitution.[118][119] Out of all Amsterdam's 8,000 to 11,000 prostitutes, more than 75% are from Eastern Europe, Africa and Asia, according to a former prostitute who produced a report about the sex trade in Amsterdam, in 2008.[120] An article in Le Monde in 1997 found that 80% of prostitutes in the Netherlands were foreigners and 70% had no immigration papers.[121][122]
17
Dan, do you support herp rights for derp?
18
@3: "Right, if we legalized sex work then it could be regulated, just like the oil industry and the nursing home industry and the banking industry..."

Ron Paul fan spotted. "Obviously a lack of regulation is better than regulation because blah blah blah blah blah I'm a goddamned moron who lacks any imagination and intellectual curiosity"
19
@6 prostitutes in the Netherlands are much cheaper than they are in the states
20
@16: People are more likely to report and seek asylum when they're not afraid of being arrested and deported.
23
@16 makes a very sobering point. Legalization will not reduce exploitation at all. There simply aren't enough women to meet demand (and cannot be) and un-exploited women charge too much (i.e., a proper living wage), so it will always be easier and cheaper to traffic them and force them into it.

There are also many, many men who want underage girls. If prostitution by legal-age women is legalized, this traffic will continue unabated.

The notion of a "clean" sex industry separate from the depredations of the abusive one is unfortunately a fantasy. They're the same people running it. I support legalization in very limited circumstances but I have no illusions about it seriously impacting trafficking.
24
@23: "The notion of a "clean" sex industry separate from the depredations of the abusive one is unfortunately a fantasy. They're the same people running it. I support legalization in very limited circumstances but I have no illusions about it seriously impacting trafficking."

Legalizing drugs doesn't stop drug abuse, either.

Let's keep punishing the victims in both cases, forever.
25
@3, 5: As a number of people said, just because enforcement of regulations can be crappy (as Dan points out, regulation would not eliminate problems, and it's absurd to think that it would), it does allow for all of that lovely Neoliberal consumer activism about which everyone seems so excited (truth-in-advertising and over-18, STI-tested, forced into the work at worst by economic circumstance - something that's true of many jobs - licensing/certification would allow consumers to choose reputable businesses, as opposed to now, where there are no really reputable sex-work establishments, given that they're all completely illegal and unregulated). "People break laws, therefore we should have no laws" is just stupid.
26
@24, the point isn't that because legalization doesn't eliminate harm, we shouldn't do it. The point is that legalization appears to DRASTICALLY INCREASE harm. The Netherlands is a global center of and destination for female trafficking, WORSE THAN BEFORE. So maybe it's more complicated than you think.
27
@17, the thread overall seems to suggest Dan's notion sacrifices genuine concern for herp purely to curry favor on derp.
28
I agree with everything said here.

However, it must be stated - the rates of underage sex trafficking have been hugely and fraudulently overstated by a group who discovered they get more federal funding if they lie. They've drummed up national hysteria with their fake science similar to the whole immunization->autism fiasco.
29
The reason the Netherlands has higher amounts of human trafficking is because it's a sex tourism destination, which is increased demand which necessitates increased supply. Nevada has legalized prostitution but is not known as a sexual tourism destination and to the best of my knowledge doesn't have higher human trafficking than other Southwest states. Legalizing prostitution in Wa. State isn't going to make us a sexual tourism destination.

30
@28, but it's just as worth saying, then, that NONE of the figures quoted in this thread have anything to do with that small U.S. group you mention. For example, @16's figures from Wikipedia are immaculately sourced - the Netherlands figures are from the Dutch government itself, etc.
31
I agree we should legalize prostitution, but I give high marks to Fnarf for pointing out that legalization is no panacea. (I suppose that, politicaly, getting any policy change implemented requires painting it as a panacea.)
32
Everyone beat me to the punch on pointing out the problems in the Netherlands (and indeed, the current political climate there seems to strongly favor phasing out most of their liberalization policy, and it is widely perceived as a failure), but I'd like to underline the major point here: there is no fucking magic bullet. Reform of sex work laws will, by definition benefit only those who are already in a position of power and agency vis a vis the entire legal system. If you're not in a position to sue or go to the cops, it matters not how illegal whatever your pimp or john is doing is, and that goes as much for 'legal' prostitution as outlaws.

If you want to seriously make a dent in sex trafficking, you need to support the hard work of increasing the economic and legal status of women in the third world, and that's the unglamorous task of a generation, possibly more.

I'm not saying that prostitution shouldn't be legalized: I absolutely think it should be, if for no other reason that laws against common human behavior (exchanging sex or comfort for consideration) are absurd. But let's not pat ourselves on the back and claim that in doing so we're helping anybody but those least in need of our help.
33
Dan,
I agree with you, Kristof (BTW, I've read his book co-written with his wife, "Half the Sky") and virtually all the commentators. Prostitution should be legal. And, @29 & 32 have especially excellent points. I didn't know the Dutch are having second thoughts about their liberalization policy or that their policy might incite human trafficking.

There have been a few cases of human trafficking prosecuted right here in Washington state. Alas, Kristof is correct it is happening right under our noses.
34
basically, legalization ignores that we're literally using a high level of importation and coercive measures in such places as the Netherlands and Denmark - and even Seattle and NYC.

legalizing just avoids the underlying issue - in the old days we'd arrest the exploiters and johns/consumers, ship em off to Nam and they'd kill people and get killed doing it

and we could pretend it wasn't an issue.
35
it should be noted that the Netherlands and the US aren't the only option. By many standards, the most successful policy on prostitution is implemented in the Scandinavian countries, were _soliciting_ prostitution, but not prostitution is illegal. This way prostitutes still have legal protections, but John's don't - so essentially they're reversing the power dynamics.
There is a certain trade-off here, because, undoubtedly you're going to ban some mutually beneficial exchanges - the ones that Dan and Tyler Cowen highlight. But given the empirical experience, proponents of legalization need to own up to the fact that they're willing to accept the raped minor as a price for the freedom of the honest John.
36
@33, but Kristol doesn't think prostitution should be legal. In his followup to the column Dan linked to, Kristof argues (on his blog) that redirecting prosecution toward procurers and johns is the way to go - not legalization. Here:
Frankly, no model works particularly well in addressing this problem. But there’s a growing sense that the “legalize and regulate” approach doesn’t work particularly well (although Australia may be an exception), because it tends to create a parallel market in underage, trafficked girls. That’s certainly the experience in the Netherlands. Thus the approach that seems to be gathering steam is the Swedish model, in which johns are prosecuted but the women/girls themselves are treated as victims and are given social services but are not prosecuted. The advantage of this is that it cracks down on demand, which in turn reduces the incentive for trafficking girls in Sweden. A growing number of countries are moving to adopt that approach, and police officials in New York City are studying it as well.
http://kristof.blogs.nytimes.com/2011/04…
37
Oops - sorry my typo brought the odious name of Kristol (Bill, that is, aka "spawn of smarmy Satan") to Slog.
39
No one has addressed Flounder's (29's) point, which I think is quite salient. It matters where legalization happens, and how the market operates. I'm sure many of the victimized/pimp-ridden/trafficked women and girls working in the Netherlands, Bangkok, etc. have little motivation to go to the police because the circumstances they come from are no better than the ones they find themselves in, even with a pimp in the mix. But America *is* at least a little different, in terms of immigration, tourism, commonly accepted means of promoting sex work (i.e. personal ads), economic standards, and on and on. I think there's reason to believe that legalization - perhaps under a limited-license structure, like alcohol, could work better here than in the Netherlands.
40
@29,

You can't figure out why a county in a desert wasteland doesn't have the same rates of trafficking as a real city? You're fucking hilarious.

But America *is* at least a little different, in terms of immigration, tourism, commonly accepted means of promoting sex work (i.e. personal ads), economic standards, and on and on.


Economic standards are *better* in the Netherlands. And, I'm sorry, but you're going to have to do a lot to convince me that the United States, with its extreme allergy to any social justice programs, is going to do worse than the Netherlands to help exploited women.
41
Adult sex work is completely legal in Canada and the U.S., but only so long as it's filmed. Does no one see the inconsistency in the law as it applies to prostitution and pornography?

And sure, just because adult porn is legal doesn't mean that people don't make illegal child porn, but children coerced into pornography are regarded correctly as victims, while underage 'prostitutes' don't seem to be regarded by the law or society as victims of statutory rape and sexual exploitation.
42
@Gloomy Gus,
Well, that's news to me. Then Kristof changed his tune. I have it documented in a column a few years ago that he had no problem with "adults exchanging sex for money or other compensation". Thanks for the update.
43
11
Thank You for your support.

Dan.

Do you support marriage rights for polygamists?
44
Legalizing prostitution isn't going to suddenly stop people from paying for sex with underage girls, nor would that kind of sex be legal even if prostitution was made legal. So I guess I'm not seeing the obvious solution here.
45
11
Thank You for your support.

Dan.

Do you support Candlejack rights f
46
11
Thank you for your support hose.

Dan.

Do you support Munchkin rights?
47
45 46

oh look- they've mind-melded!
48
@ 29, 39 - well said. The countries where prostitution is legal are few and far between, and many have only legalized it recently - it makes perfect sense that countries where it has been legal for a while have become sex tourism destinations where local supply can't possibly meet the global/international demand.

Re: the Swedish model - I wonder if my brain is playing a trick on me or have I read somewhere that the UK was going to adopt a better and improved Swedish model - basically the john gets prosecuted if he solicits sex from an underage girl or trafficked woman, but mutually consensual exchanges are legal. I believe that creates incentive to go to licensed professionals rather than trafficked girls so I am not sure that it could cause an increase in trafficking.
49
@Everyone talking about Nevada: they also have an underground, illegal sex trade-- like the entirety of Vegas' sex work sector, for example. I have a friend who used to do sex work, and came to Nevada on a road trip, plying her trade to pay her way. Almost immediately got contacted by the mafia (at which point she hung up the phone, got in her car, and didn't stop until she hit Utah).
I'm all for some kind of regulation, since prostitution is one of those things that simply cannot be eradicated, and I don't even think that eradication is really a worthy goal with regards to sex work kept between consenting adults, but I don't know that either Amsterdam or Nevada are good examples of how to do it.
50
OK so I guess I remembered it correctly, this is from the BBC website:

"(Home Secretary Jacqui Smith) also wants England and Wales go further, by criminalising paying for sex with someone who is "controlled for another person's gain".

This will be a "strict liability" offence, and ignorance of the circumstances will be no defence in court.

An example: A man approaches a woman who is selling sex. She tells him that she is not being controlled. She gets in his car. Police charge the man with paying for sex. He insists he had no idea she had a pimp - but he still ends up in court and is found guilty. In other words, if you go to a prostitute, it doesn't matter whether or not you know that she is being controlled - you will be charged. "

"Why hasn't the government brought in an outright ban on paying for sex?

Ms Smith told the BBC ministers had considered a ban but had ruled it out as there was no public support for such a move.

Instead, she said the government's efforts would be focused on reducing demand for trafficked women, who were "effectively held as slaves", and there would be a marketing campaign aimed at men who used prostitutes. "
51
@48, as long as the licensed professional costs $250 and the illegal underage girl on 99 costs $25, the incentive will always be the other way around.
52
@41,
You are correct, we tolerate the "Adult Film Industry" here and barely blink. It is essentially regulated prostitution. I recall telling an acquaintance that several years ago and he looked at me and after thinking said "You're right!"

@50, I read a while ago that Britain was to tolerate "mini-brothels". I haven't followed up on that.
53
@ 51 - that argument can be made for all kinds of labor (illegal immigrants, anyone?), but it doesn't mean that it should be illegal to hire people to do stuff for you and pay them for their work.

Also, I remembered another problem with the Swedish model: as long as all paying for sex is criminalized, trafficking will flourish in neighboring countries, especially along the border - that was the sad outcome in the countries surrounding Sweden.
54
Individuals in an adult movie are being paid as actors and not for the sex.

If cities begin taking an arrest the "johns" approach then everyone better not start whining when rape and sexual assault start to grow percentage wise. Just look at what is happening right now in the area around New Jersey. Some speculation is that the serial killer might be a cop or former cop.
55
Dan,
Do you support marriage rights for polygamists?
56
Uh, 54, you might have missed it but whole COUNTRIES have taken the arrest the johns approach and their citizens didn't go on a mad rape rampage.
57
Yeah, yeah, legalizing prostitution always sounds fine. At least until some scary pimp offers your slightly daft 18 year old son or daughter a bus ticket to NYC, where they can live for free in an apartment, on a dirty mattress, giving old men blowjobs to pay for the rent and bus ticket.

Hey, all legal. What is your hang up, dad? Legalizing it sounds like all will be clean and above board. But watching "Deadwood" is a better characterization of what legalized prostitution looks like than "Pretty Woman."
58
I actually would like an answer from Dan about that polygamy question.

I support marriage for gays and lesbians, and would vigorously oppose polygamy, and think I could draw some distinctions as to why, but I would like to hear Mr. Savage's, and anyone else's, for that matter.
59
Dan,
Do you support shit was SO cash rights for Paulie Carbone?
60
I agree that prostitution should be decriminalized for consenting adults having sex for money. I do agree with Fnarf, @23, that legalization wouldn't necessarily solve the problem of human trafficking. However, if legalization were to be enacted appropriately,(maybe we could learn from mistakes that happened in the Netherlands) perhaps law enforcement could focus more of their resources on the abusive side of the sex industry, and hopefully greatly reduce the abomination of human trafficking.
61
@58

that's some run-on sentence. I do. why? because having regular three-ways would be pretty sick, brah!
62
I'm not sure why we are talking in hypotheticals? Just because people are going to break laws, doesn't mean there shouldn't be laws? DUH. Hence, why sex trafficking is illegal. It's already illegal, so now what? Legalizing prostitution for adults doesn't mean anything for men who still want underage girls or boys. I don't see the connection.

I don't buy the argument that men only want underage girls or boys because it's cheaper, some do. To ignore the desire for certain power dynamics and the desire for children is irresponsible. Some men want an 11-year old. Maybe the cause of sex trafficking underage girls could be helped by addressing the DESIRE FOR underage girls or boys?

I think what we are lacking is a conversation about this desire. Who knows a man (or woman) that actually wants the underage girl? What we're asking these men to do is ignore this desire…which we know from the Catholics, doesn't work.

Dan don't be silly and completely overlook desire, you tell us all the time that it means a helluva lot.

Also, @32 you make great points! I would go further and say that we need to work on the economic and legal status of women everywhere, not just in developing countries. I know we don't like to talk about gendered power dynamics, but so many of our issues (transgendered women, sexual violence, and even gay bullying ) require a nuanced understanding and discussion of sexism.
63
With legalized prostitution, the Netherlands offers a scarce and therefore precious good to traffickers: a potential shield. Once a girl/woman is deemed "legal"--even if she actually isn't--the trafficker needn't worry about law enforcement. Getting that legal status probably represents a pretty steep upfront cost, but once it's paid, they don't have to pay the ongoing costs of evading the law.

It is similar to driver's licenses and drinking in the United States. When I was 18 - 20, I had a fake ID made by a friend. It had rough edges and the forged barcode on the back got wet and the ink bled. But because I knew which bars didn't really care or pay attention, I got to break the law all I wanted, though an unknowing observer wouldn't have known that.

If other countries had legalized prostitution, traffickers would divert their "trade" to those places, too. The more places that legalize, the weaker the incentive for trafficking.

Of course there will be individuals and organizations who evade and corrupt the law--like the bars I used to frequent--but it would be worth the deterrent effect on other entities.
64
1/5280: Yeah, that makes perfect sense. Always has. But you're never going to sell the Bible-thumpers on it.

The problem is that it's not just Bible-thumpers opposed to it. Plenty of "liberals" and independents are too.

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