Solves Case - openCaselist 2015-16

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1NC
Topic Wording
Resolved: The United States should legalize all or nearly all of one or more of the following in
the United States: marihuana, prostitution, online gambling, the sale of human organs, physician
assisted suicide.
Nearly All—Prostitution Violation
A) The affirmative must legalize all or nearly all of one of the topic areas –
which is 100% minus one or two exceptions
Rodgers and Cooper, 06 – professors of counseling at Strathclyde University
(Brian and Mick, “Proposed Scoring Scheme for Qualitative Thematic Analysis”,
https://pure.strath.ac.uk/portal/files/2767391/Proposed_Scoring_Scheme_for_Qualitative_The
matic_Analysis_Mick_Cooper.pdf)
Drawing on the work of psychotherapy researchers Robert Elliott, Clara Hill and colleagues, the
following scheme has been proposed for the write up of qualitative thematic analysis when
describing the ‘weighting’ of codes or categories (i.e. the number of interviews that the
code/category appeared in). The intention is to use ‘plain English’ terms to describe the
frequency of occurrence. For example the term ‘around half’ is used to describe 50% plus or
minus one interview, and ‘ nearly all’ is used to describe 100% minus one or two interviews .
B) Violation: Nearly all prostitution includes sex trafficked prostitutes:
Alexandra Garfinkle, 11/18/2011 (staff writer, “Feminist legal scholar argues against
prostitution,” http://chicagomaroon.com/2011/11/18/feminist-legal-scholar-arguesagainst-prostitution/, Accessed 8/21/2014, rwg)
Although some say sex work allows for agency and sexual liberation for women, MacKinnon
argued that nearly all
forms of prostitution are actually sex trafficking. Prostitution is little more than a form of serial
rape, MacKinnon said, and more than 89 percent of prostitutes want to leave “the life,” but don’t know how.
C) Standards
1) Limits: They allow a near infinite variety of individual acts to be
legalized.
2) Ground: Core of DA ground deals with trafficking of prostitutes.
D) Voting Issue: Fairness & Education
Politics
AUMF Shell
A) AUMF will pass now—but it’s a tough fight:
John Bennett, 2/24/2015 (staff writer, “Optimism on AUMF Ahead of Kerry Testimony,”
http://www.defensenews.com/story/defense/policy-budget/congress/2015/02/24/aumfislamic-state-senate/23933701/, Accessed 2/26/2015, rwg)
WASHINGTON — US
lawmakers are expected to question Secretary of State John Kerry Tuesday about the
Islamic State fight, the first step in a complicated process that key members believe will result in a new
authorization for the use of military force ( AUMF) . Kerry will testify before the Senate Foreign Relations Committee at 2:30 p.m.
EST. When Kerry last appeared before the panel about an AUMF tailored for the Islamic State conflict, a major rift among senators
developed over language about US ground forces. One on side were Kerry and Republicans, arguing against passing a measure that
might leave the commander in chief and military brass hamstrung in fighting the violent Sunni group. On the other were Democrats,
concerned a lack of such limits might lead to another large-scale US ground war in the Middle East. Even as lawmakers passionately
make their cases at Tuesday's hearing, those
that will spearhead the effort to pass America's first new warauthorization measure in 13 years say they are optimistic about passing a major piece of legislation ,
something the Senate has struggled with in the Obama era. DEFENSE NEWS Ground Troops, Strategy Top Use-of-Force Issues "I think
as long as the White House is willing to take into consideration the concerns of members, there's a
way to get there,"
Senate Foreign Relations Committee Ranking Member Bob Menendez, D-N.J., said during a recent interview. "But it's going to
take some work," he told CongressWatch. "And it's, you know, admittedly a tough job to strike a balance …
that gets you the broad bipartisan support. But I think it's possible."
Prostitution Links
(--) Prostitution legalization massively unpopular – stigma, intensity of opinion
and polls
Salam, 7-31 [Reihan Salam is a columnist for Slate. 7-31-2014
http://www.slate.com/articles/news_and_politics/politics/2014/07/legalized_prostitution_ther
e_s_no_way_to_end_demand_for_sex_work_so_why.single.html]
Sex work is a different story. The stigma associated with selling sex remains strong, as is the stigma
against buying it. This is despite the growing evidence that decriminalizing the buying and selling of sex has significant public health
benefits. A pair of economists, Scott Cunningham and Manisha Shah, recently found that when Rhode Island accidentally
decriminalized indoor prostitution due to a quirk of statutory language, cases of female gonorrhea plummeted, as did the number of
rape offenses. A recent study drawing on data from Vancouver, British Columbia, found that the decriminalization of sex work has
the potential to greatly reduce the spread of HIV. So will
Americans soon start clamoring for legalized
prostitution? I doubt it, because it’s going to be very hard for people to stop looking down on
those who buy and sell sex. There is relatively little polling on how Americans feel about
legalizing the buying and selling of sex. The main reason, presumably, is that outside of a few rural counties in Nevada,
the idea seems exotic, strange, and very far off the political radar. Back in 2012, however, YouGov found that
legalization was surprisingly popular: While 48 percent of respondents said that prostitution should
definitely or probably remain illegal, 38 percent of Americans said it should definitely or probably be legalized, with the
remaining 13 percent on the fence. Far more respondents maintained that prostitution should “definitely
not” be legalized (31 percent) than that it definitely should (12 percent), and this intensity of opinion
does matter, as we’ve learned from the debate over gun rights and other hotly contested issues.
Intriguingly, a substantial majority of women (57 percent) opposed legalization, while only 40 percent of men
felt the same way.
(--) Plan drains capital – uphill and polarized battle against powerful opponents
Kate O’Keeffe 6-13-14, Journalist, “Amaya Gaming to Buy PokerStars Owner”, WALL STREET
JOURNAL, http://online.wsj.com/articles/amaya-gaming-to-buy-pokerstars-owner-1402654740
However, some remained skeptical about PokerStars' ability to expand in the U.S. Even with the new structure under Amaya,
PokerStars' history means "it's going to be an uphill battle to get into most states," said Adam Krejcik, managing director
at Eilers Research, a specialist research firm focused on gaming equipment, technology and interactive gaming. A representative
from a rival online gambling operator said that although the company is concerned about PokerStars cutting into its market share, it
welcomes the "800-pound gorilla's" significant resources in
fighting powerful opponents of online gambling,
including Las Vegas Sands's Mr. Adelson, who has said the practice hurts society because it lets people gamble from home.
Nevada heavyweights MGM Resorts International and Caesars Entertainment Corp. favor legalizing the practice. They say
regulations are needed to protect consumers who will play anyway. The
issue had become so polarizing that even
the American Gaming Association—a once-powerful advocate for expanding online gambling—recently
decided to drop its support for the cause.
C) Political capital key to new AUMF against ISIS:
Alexandra Jaffe, 2/5/2015 (staff writer, “White House to request permission to fight ISIS,”
http://www.cnn.com/2015/02/05/politics/isis-war-authority-vote/, Accessed 2/22/2015, rwg)
Washington (CNN)President Barack Obama
will send Congress a proposal to authorize the use of force
against ISIS shortly, both the White House and House Speaker John Boehner said Thursday, setting up a what's sure
to be a fierce political fight on Capitol Hill . White House press secretary Josh Earnest told reporters the
administration will send "specific language" of an Authorization for the Use of Military Force to Congress "relatively soon." And
Boehner told Capitol Hill reporters he's "expecting ... [an AUMF] sent up here in the coming days." The President is required by law
to secure congressional approval for prolonged military operations, by passing an AUMF -- war authority -- on Capitol Hill. "When it
comes to fighting a war, Congress should not tie the President's hands," Boehner said. "And we're going to go through a rigorous set
of hearings, and continue to discuss this." The time line for the bill remains murky. On Wednesday, Senate Foreign Relations
Committee Chairman Bob Corker, said he expects to see the outlines of an AUMF "sometime between now and the end of next
week." But the early contours of the authorization are already taking shape behind closed doors. She outlined three key components
of a new AUMF: The length of time for U.S. involvement in the Mideast conflict against ISIS, the geography and the scope of the
authorization. She also said a new measure by Congress would repeal the 2002 authorization to go into Iraq, but would likely retain
the 2001 authorization to send U.S. troops to Afghanistan. Obama went forward with airstrikes in Iraq and Syria, however, without
Congress weighing in. The President is required by law to ask Congress for war authority within 60 days of initiation, but the White
House has argued that under the 2001 AUMF, which authorized war against the 9/11 perpetrators, he has the authority to attack
ISIS because it's an offshoot of al Qaeda. But as far back as September and again in his January State of the Union address, Obama
has urged Congress to pass the new authorization. "We are strongest as a nation when the President and Congress work together,"
he said in September. That approval won't be easy to get. Another military effort in Iraq isn't particularly appealing to members of
the President's own party, and many in both parties remember how politically damaging the 2001 AUMF vote became for
lawmakers after the public soured on the Iraq War. On Thursday, Pelosi mentioned that language authorizing boots on the ground
was another issue that was still under debate. "I think it's going to be a challenge, but we will have a solution to it," she said.
Boehner said the President is going to have to sell the measure both to Americans and on
Capitol Hill, suggesting the responsibility for success or failure lies on his shoulders. "It's also going to
be incumbent upon the President to make the case to the American people for why we have to fight this fight," he said. "His actions
are going to be an important part of trying ... to get the votes to actually pass an authorization." He acknowledged: " This
is not
going to be an easy vote."
D) New AUMF authorization necessary to destroy ISIS:
Mieke Eoyang and Peter Billerbeck, 9/16/2014 (Director of Third Way's National Security
Program, “Making the Case: Congress Should Pass New Authorization for Use of Force Against
ISIS,” http://www.thirdway.org/report/making-the-case-congress-should-pass-newauthorization-for-use-of-force-against-isis, Accessed 2/22/2015, rwg)
2. Because
defeating ISIS will be a difficult, long-term effort, it is incumbent on Congress to pass a new
authorization for the use of force . In his September 10 remarks, the President asserted that he has all the authority he
needs to attack ISIS under the 2001 AUMF and with his constitutional authority.11 Some legal experts have raised concerns about
relying on the 2001 AUMF, because ISIS is not an associated force of al Qaeda and did not exist at the time that authorization was
passed.12 13 Key Members Calling for An Authorization Vote Whether one believes that the President currently has full authority,
limited authority, or no authority to act against ISIS, Congress should provide a new, specific AUMF against ISIS.14 The President has
welcomed such action, and he has asked that Congress update the AUMF to address emerging terrorist threats.15 Given the threat
ISIS poses to the region, and potentially to the US, Congress should provide specific authorization for use of force against the group
for three reasons: The
campaign against ISIS will not be over quickly. We will have victories and suffer setbacks.
Before our military engages in a sustained and difficult conflict, America’s leaders should reach
consensus about the need to send our troops into harm’s way. Congress will have to repeatedly make
decisions about action against ISIS, from funding the military, to reprogramming existing funds, to explaining the campaign to their
constituents. Members of Congress should be on record with their position on a war of this magnitude.16 The President’s
efforts to build an international coalition to effectively defeat ISIS will be strengthened if
Congress has clearly shown its support for this action. Currently, the world believes that the
President is weakened by partisan gridlock in Congress.17 In confronting a threat like ISIS, where the
nation has consensus, Congress should not let partisanship stand in the way. Congress must own its
Constitutional responsibility to authorize military action. 3. Congress should pass a new, tailored authorization
as part of a broader political and military to degrade and ultimately destroy ISIS . Congress should
assert its authority as a co-equal branch of government to debate and vote on plans for war and, through authorizing and
appropriations legislation, define and clarify the scope and limits upon what is certain to be an extended military campaign. A new
authorization should be carefully tailored to avoid past mistakes. Congress must avoid the mistakes of the past and pass an
authorization that clearly defines the scope and limits. Third Way recommends that Congress focus on the following parameters:
Specificity: the authorization should be limited to ISIS and not used as an attempt to go after a wider range of terrorist groups.
Geographic limits: The authorization should be limited to Iraq (and eventually Syria). Before commencing action in Syria, the
President should be required to satisfy certain concerns about international law, the impact on the Syrian civil war, and the Syrian
opposition. Avoiding a ground war: The authorization should specify that no ground troops are to be used in direct combat
operations. If a President were to deem it necessary to send ground troops, the Administration should return to Congress for further
authorization. Reporting requirements: At regular intervals, the Administration should be required to report to Congress on the
broader political, military and humanitarian plan for the military campaign, including the legal rationale for such action. Expiration:
The authorization should expire that so that each session of Congress would vote on authorizing continued action—every 18 months
or two years. Congress should act this fall after careful deliberation. War Powers Act Timeline Hitting ISIS in Syria could raise some
sticky legal questions. Because the United States has the consent of the Iraqi government, strikes in that country are clearly in
keeping with international law. But in Syria, strikes against ISIS would be viewed as an act of war by the Assad regime and, perhaps,
by their allies; Russia and Iran.18 Congress should carefully consider these questions before authorizing strikes inside Syria as striking
Assad’s adversaries would raise questions about the U.S. long-term commitment to a political transition away from the Assad
regime. Most importantly, Congress must seek clearly defined end-goals for any proposed military action. Members can learn the
lessons from the Iraq War by forcing greater clarity of thinking about ensuring the executive acts with clear objectives
communicated to Congress and the American people with a deliberate plan to address the longer term strategy necessary to defeat
ISIS. The need for Congress to pass an AUMF this fall is real, but it is not immediate. For now, the President can continue to act in
Iraq under the War Powers Act (WPA) which gives the executive 60 days to conduct military action. That clock began running on
August 8. After that, he would have in effect another 30 days to “withdraw” from the use of force. That means that after November
6 (and immediately after the midterm election), the President would need Congressional authorization to continue to battle ISIS
militarily.19 Conclusion ISIS
is a barbaric terrorist group that is also a sprawling and effective military
and criminal enterprise. Its growth and recent actions have made it a paramount threat to our allies, our people in the
region, and potentially to the U.S. homeland. The President was right to strike ISIS when he did and present an initial plan to combat
ISIS. Now, Congress
should pass legislation further specifying and defining the goals and extent of
continuing military action. But all too often since the invasion of Iraq, U.S. policy has been shaped by a pursuit of means,
not ends. The lack of clearly defined objectives—regionally, nationally, and locally—has hamstrung the effective implementation of
policies in that region. Military action must come in the context of a broader political strategy that addresses the underlying drivers
behind the growth of ISIS. Lawmakers should work to clearly define such strategic ends and political objectives while providing a
tailored authorization for military force.
E) ISIS causes great power war
Addam Corre 6-17-14, Inquisitr writer, “World War 3: Forget Ukraine, Iraq Is The Most Likely Flash
Point”, Inquisitr, 06/17/2014, http://www.inquisitr.com/1303680/world-war-3-forget-ukraine-iraq-is-themost-likely-flash-point/
Over the past few months speculation has been rife that the events in Ukraine could trigger the next World War. Numerous articles have proclaimed that to be the most likely
ISIS – has created a new situation
on the ground which has a far greater potential for setting off a world conflict than Ukraine
could ever have. Despite all the world posturing and tut-tutting about the Crimea, it is, after all, simply a piece of land whose ownership is disputed. Viewed
scenario. But is it? The actions of the Islamic militant group calling itself ” The Islamic State of Iraq and Syria” – or
objectively, given the demographic structure of the area, the Russians have at least an arguable case to justify its annexation. Whether the fears of the local Russian speaking
population were real or imagined, it’s now a fait-accompli, and no one is going to do anything to change the situation any time soon. Even that the expansion of Russian interests
in other parts of Ukraine have similar elements of justification, which might keep the diplomats busy for a few months, but are unlikely to include any significant military
the situation in the Middle East is completely different. It is far more volatile and
dangerous because it is not really a question of land. What the world is witnessing, not for the first time – and certainly not for the last – is
dimension. But
a clash of ideologies within Islam. Some may feel that while they are busy butchering and beheading each other at least they are not a threat to the rest of the world. That is
mistaken and shortsighted thinking. With every passing year, the theories of Samuel P. Huntington that people’s cultural and religious identities will be the primary source of
conflict in the post-Cold War world, gain even more credence. Huntington’s concept, which he aptly termed “The Clash of Civilizations” was first proposed in 1992. Since then,
the world has witnessed with growing horror the expansion of ever increasingly radical Islamic groups in almost every corner of the globe. Islamic militant groups are active in
Somalia, Afghanistan, Pakistan, Syria, Nigeria, Kenya, Lebanon, The Palestinian territories, and Gaza, just to list a few. Although Russia nominally crushed the Islamists of
Chechnya, remnants of them still manage the odd bombing atrocity in Russia. Islamic activity in China also appears to have been suppressed, but facts from there are almost
impossible to verify. But Islamic extremism and terrorism is not confined to countries with mainly Muslim populations. From the attack on the Twin Towers in New York to the
London bus bombings to the Madrid train bombings, Islam carried its war to the rest of the world. And the world cleaned up the sites, mourned – and moved on. Some might
argue that the U.S., and one or two other countries, tried to do something about those atrocities by invading Iraq, toppling Saddam Hussein, fighting the Taliban in Afghanistan
and (eventually) killing their leader, Osama bin-Laden. History will judge whether those tactics succeeded or not; currently, the legacy is not looking too good. Why could the
actions of ISIS trigger a third world war? It all depends on which group, or groups, the major powers
ally themselves with and support diplomatically, financially, or militarily. We are today witnessing the truth of the adage that adversity makes
strange bedfellows. Even a week ago, who could have envisaged a scenario in which the U.S. and Iran could share a mutual interest, and possibly support each other in actions
Apart from the fact that Russia, and sometimes China, have an almost knee-jerk reaction
against any direction the U.S. might take in the international arena, Israel is the wild card in the
pack. If it senses that – for whatever reason – the U.S. and Iran will find themselves allies, it will
understand that the U.S. will be constrained in taking further action against Iran regarding its
efforts to manufacture a nuclear bomb. Facing such a situation, The Israeli government may feel that he
window of opportunity to take military action against Iran is rapidly closing. Although, until now, the prevailing
belief has been that Israel could not act alone – and succeed – it could be, and probably is the fact, that Israel will be left with no alternative.
Diplomatic efforts to stop the Iranian nuclear program have palpably failed. The danger of such a course of action
is that it would almost certainly result in the Islamist factions stopping their mutual bloodletting in order to
confront their joint enemy, Israel. From that point, it does not require too much imagination to
project what will be the effect of world and regional governments aligning themselves with one side or
the other. World War 3 starting in the Middle East as an indirect result of the actions of ISIS is
not such a fanciful prediction!
against ISIS?
*** Sweden CP ***
Text: The U.S. should decriminalize prostitution with legislation modeled on the
Swedish prostitution regime
Counter plan solves the AFF – there is no need for full legalization
Scott Anderson – 2002. (Assistant Professor of Philosophy at the University of British Columbia; Chicago Journals,
“Prostitution and Sexual Autonomy: Making Sense of the Prohibition of Prostitution,” 2002,
http://www.jstor.org/stable/10.1086/339672, Accessed 8/28/2014, WSH) *Note: Anderson’s radical feminists favor prohibiting
prostitution due to the violence it does against women
If we compare prohibition to normalization with respect to the narrower set of harms, it is clear that the current legal regime makes
it difficult for many prostitutes to avoid the harms meted out to them by clients, pimps, psychopaths, and even many police officers.
It also puts many prostitutes at a bargaining disadvantage in negotiating prices.37 The
normalization of prostitution
would surely go some ways toward protecting prostitutes from such misconduct and
exploitation by ending the prostitute’s outlaw status.38 What is less often noted is that we
could achieve significant progress in this direction without accepting the normalization of
prostitution. As radical feminists have urged, society could undertake legal reform to ameliorate these
problems by, for instance, removing the legal sanctions that now threaten prostitutes and
instead increasing sanctions and enforcement against prostitutes’ customers and exploitative
pimps and procurers. We might also, as has occasionally been proposed, increase the ability of prostitutes to sue for
damages those who harm or abuse them.39 Finally, we might revise laws covering rape and other sex crimes to ensure that they
protect prostitutes the same as anyone else and insist that police and prosecutors treat prostitutes with respect and concern. In
other words, we
could improve the lives of prostitutes by redirecting the onus of our legal system
away from those who are already disadvantaged and placing it on those whose misconduct
makes prostitution dangerous, degrading, and exploitative.40
Solves Case
The counter plan is a middle road between the AFF and the SQUO – Extend the
Anderson 2002 evidence – he argues that we could normalize prostitution by
allowing women to legitimately sell sex, but solve the problems the AFF
identifies by sifting the onus of our legal regime onto the preventing the
exploitation of prostitutes
CP is the best option based on empirics – Plan exacerbates all the harms
Mary Sullivan and Sheila Jeffreys – 2001 (Ph.D in political science and author of ‘Should Prostitution be Legal?”, Jeffreys is a
Professor of Political Science at the University of Melbourne in Australia and is best known for her work on the intersection of politics and sexuality;
COALITION AGAINST TRAFFICKING IN WOMEN (AUSTRALIA), “LEGALISING PROSTITUTION IS NOT THE ANSWER: THE EXAMPLE OF VICTORIA,
AUSTRALIA,” 2000, http://www.catwinternational.org/content/images/article/95/attachment.pdf, Accessed 9/3/2014, WSH)
The reality is that prostitution cannot be made respectable. Legalization does not make it so. Prostitution is an industry that arises
from the historical subordination of women and the historical right of men to buy and exchange women simply as objects for sexual
use. It thrives on poverty, drug abuse, the trafficking in vulnerable women and children. Prostitution teaches men how to mistreat
women and damages the lives of both the women who are used, the women whose partners, sons, brothers and workmates are the
Legalization causes the business of sexual exploitation to
flourish. As more and more women and children are drawn into the industry, and more and more men become abusers, the
abusers, and the status of all women in the state.
profits from the abuse become an indispensable part of the state’s revenue. The sex “businessmen” network with judges and
politicians, and float their brothels on the stock exchange. Once prostitution is legalized, ending it becomes much more difficult, as a
lobby of “respectable” businessmen would have to be put out of business, and the government would have to tax the rich instead of
living off women’s bodies.¶ Ultimately
the best way forward in Victoria would be to follow the example of
Sweden where model legislation in 1998 penalizes the men who “buy sexual services” and decriminalizes
the women. In combination with generous services to support prostituted women in getting out, this would be
effective. Unfortunately it will take some time to create a social understanding of prostitution in Victoria that will make this
possible. Countries that have not yet gone down the path of legalization are in a position to
develop policies to end the harms of prostitution. Legalization compounds the harms of
prostitution rather than relieving them. It is not the answer.
Solves Trafficking
Decriminalizing supply side solves trafficking – Sweden empirically proves
Chelsea-Lyn Rudder – 2010. (Author, communications specialist, journalist and blogger, Huffington Post, “Sex for Sale:
Legalized Prostitution Hurts Human Trafficking Victims,” 2010, http://www.huffingtonpost.com/chelsealyn-rudder/sex-for-salelegalized-pr_b_769779.html, Accessed 8/24/2014, WSH)
Amsterdam's experience has shown that regulation of prostitution is not an effective means of cessation against global human
trafficking. In contrast, Sweden's
method of decriminalizing prostitution while criminalizing the
purchase of sex and pimping has lead to a decrease in the number of human trafficking cases. The
criminalization of the purchase of sexual services was made into law in 1999. In the decade since the law was enacted, reports
indicate that Sweden
appears to be the only country in the E uropean U nion where sex trafficking
and prostitution have not increased. By criminalizing the purchase of sex, and decriminalizing
prostitution authorities show that the law is on the side of the victim who is exploited in the
process. In Sweden, prostitution is considered to be a form of violence against women. Under the Swedish law, jail terms are
permitted. Although, to date most purchasers have been punished with fines. The primary deterrent of the law is
being publicly labeled as a john.¶ When johns fear the loss of their privacy, prostitution becomes
less profitable for traffickers. Sweden's model shows that criminalizing everything about prostitution
except for the prostitutes themselves, works. Variations on Sweden's prostitution decriminalization model have
been adopted into law in Iceland and Norway. In spite of this trend, a recent court ruling in Canada may legalize brothels and
pimping. Prostitution is legal under Canadian law. However, in September an Ontario justice ruled that Canada's laws against
pimping, brothels and communicating for the purposes of prostitution violated women's rights to "freedom of expression and
security of the person." Canada's federal government has filed an appeal against this ruling.¶
Swedish model solves – makes prostitution unattractive for the majority of
Johns and kills traffickers potential profits
Niklas Jakobsson and Andreas Kotsadam - 2011 (Research Professor at Norwegian Social Research (NOVA), PhD
in ECONOMICS, and Assistant Professor at Karlstad University in Sweden; Kotsadam is an economics researcher; European Journal of
Law and Economics, “The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation,”
2011, http://download.springer.com/static/pdf/604/art%253A10.1007%252Fs10657-011-92320.pdf?auth66=1409358086_73fd27fa5fbc826ba6ff02bf9fd767c7&ext=.pdf, Accessed 8/27/2014, WSH)
In Sweden, it has been illegal to buy sex, but not to sell it, since 1999. According to the Swedish government, trafficking was reduced
following this criminalization (Friesendorf 2007). Ekberg (2004) argues that the Swedish law decreased the demand for buying sex
and thereby made the Swedish market less lucrative for traffickers. She has interviewed, among others, the Director for the antitrafficking group at the Swedish Police and leading Swedish scholars and concludes that the number of women involved in street
prostitution has declined by between 30 and 50 percent and the
number of buyers decreased by as much as 75–
80 percent between the year the law was passed and 2006 when she wrote her article. In a recent survey,
Kousmanen (2010) find that some Swedish sex buyers claim that they have stopped buying sex or
reduced the amount bought as a result of the criminalization.¶ Ekberg (2004) also refers to police reports and
to the NetSex project at the University of Gothenburg, arguing that the number of people selling sex on the Internet is a stable figure
and that it has not increased as in other countries. Danna (2007), however, notes that there has been an increase in the number of
people selling sex on the Internet: in 2003 the figure was 80–100 persons; in 2005 the figure was 200–250 persons. This increase
took place, though, several years after the passing of the Swedish law and it is hard to assess these numbers without comparison
with other countries, as an upward trend in sex advertising on the Internet could be expected in most developed countries as a
result of increased Internet traffic in general. Furthermore, Danna (2007) cites findings indicating considerable decreases in
Stockholm street prostitution from the year before the reform to the year after—a decrease from 280 in 1998 to 170 in 1999—and
this number has been stable since. Based on this it is highly plausible that the
quantity of prostitution decreased in
Sweden in the years after the passing of the law, but there seems to have been a later increase in the amount of
Internet sex advertising.¶ The prostitution group in Stockholm argues in their evaluation that there were almost no foreign women
seen in street prostitution in 2001 and the National Rapporteur for Trafficking in Women in Sweden writes in her reports from 2003
and 2004 that it
is clear that the law has limited the amount of trafficking to Sweden (Ekberg 2004).¶ The
Swedish case thus seems to support the claim of a causal link from law to reduced trafficking.
Furthermore, there are indications that traffickers consider the legal rules surrounding
prostitution when choosing destination countries. For instance, Swedish police investigations using taped phone
conversations show that traffickers have problems due to the Swedish law which criminalizes buying
sex since; (i) time is lost because street prostitution is not viable; (ii) Swedish men fear being
arrested which requires a lot of (costly) discretion; (iii) to avoid detection, several apartment
brothels have to be used; this is costly and often requires more local contacts. Furthermore, victim
testimonies have shown that traffickers prefer to operate in countries where prostitution is
tolerated or legalized and the Latvian police have concluded that Latvian traffickers avoid
Sweden due to the effect the Swedish law has on the profitability of their business (Ekberg 2004).
CP solves – kills traffickers profit margins and deters “johns”
Sally
Colton – 2011. (Associate Editor, Law Journal of Social Justice, “LEGAL PROSTITUTION ENCOURAGES HUMAN
TRAFFICKING,” 2011, http://ljsj.wordpress.com/2011/09/08/legal-prostitution-encourages-human-trafficking/, Accessed 8/24/2014,
WSH)
Instead of legalizing prostitution, one solution to the human trafficking problem might be to
penalize the johns that actually necessitate the services. Sweden has taken a strong approach in
this regard, claiming that the johns requiring a variety of sexual partners create the incentive for
human traffickers to “stock” a large supply of prostitutes, and the best way to solve the human
trafficking issue is to cut off financial resources provided by consumers. This approach seems to
make sense, considering that human traffickers wouldn’t be in the business of trafficking if they
couldn’t get paid for it
Sweden’s law is super awesome
Dianne Post – 2013 (Dianne Post received her J.D. from the University of Wisconsin in 1979. She was a family LAWYER IN
ARIZONA for 18 years, representing mostly battered women and abused children, before beginning a career in international law
primarily doing gender-based violence work including training, drafting, and analysis.; Cato Unbounded: A Journal of Debate,
“Prostitution Cannot Be Squared with Human Rights or the Equality of Women,” 12/6/2013, http://www.catounbound.org/2013/12/06/dianne-post/prostitution-cannot-be-squared-human-rights-or-equality-women, Accessed 9/6/2014, WSH)
By contrast, in Sweden when the buyers were criminalized, rather than the prostituted women, trafficking significantly decreased. In
its 2004 report, the National Criminal Investigation Department estimated that roughly 400 to 600 women are trafficked into
Sweden each year, compared with the 10,000 to 15,000 women trafficked into Finland. Norway ADOPTED the Nordic Model in 2009
and has seen a 20% decrease in street prostitution, a 16% decrease in indoor prostitution, and a 60% decrease in advertisements for
sexual activities.¶ The
Nordic Model of targeting demand has proven thus far to be the only
successful tool to decrease prostitution and sex trafficking. The effect of the Swedish law has
been dramatic. With a population of nine million, Sweden has only one-tenth the number of
street prostitutes than that of neighboring Denmark, which has half the population. Of
Denmark’s street prostitutes, 50% are estimated to be trafficked.
Only the CP solves trafficking
Donna M. Hughes – 2000. (Chair and Director of Women’s Studies at the University of Rhode Island. She has been involved
in community work, education and research on violence against women and sexual exploitation for fifteen years. Currently, she is
conducting research on trafficking in women into the United States and is a member of the U.S. National Institute of Justice and
Ukrainian Academy of Law Ukrainian-US Research Partnership, where she is researching trafficking in women from Ukraine; Journal
of International Affairs, “The “Natasha” Trade: The Transnational Shadow Market of Trafficking in Women,” 2000, PDF Accessed
8/27/2014, WSH)
Another approach to ending trafficking is to intervene in the demand for women to be used in
prostitution. In 1998, Sweden passed a law on violence against women that created a new offense-“gross violation of a
woman’s integrity.” Prostitution was included as a type of violence against women. As of January 1, 1999, the “purchase of
sexual services” was prohibited, punishable by fines and/or imprisonment up to six months. The Swedish
government was clear that this new offense marked Sweden’s attitude toward prostitution as an
“undesirable social phenomenon” and an act of violence against women. The new offense of
gross violation of a woman’s integrity and the prohibition on purchase of sexual services aims to
eliminate acts of violence that stand in the way of equality for women.¶ Sweden’s approach
recognizes the harm done to women under conditions of sexual exploitation. Their approach starts
from the premise that women have the right to dignity, integrity and equality. This new law is the first that aims to
protect women from violence by holding men accountable and thereby addressing the demand
for women to be trafficked for prostitution. There are indications that Norway is also considering this approach as a
way to combat the trafficking of¶ 100 women for sexual exploitation.
Penalizing Johns solves trafficking
Sally Colton – 2011. (Associate Editor, Law Journal of Social Justice, “LEGAL PROSTITUTION ENCOURAGES HUMAN
TRAFFICKING,” 2011, http://ljsj.wordpress.com/2011/09/08/legal-prostitution-encourages-human-trafficking/, Accessed 8/24/2014,
WSH)
Instead of legalizing prostitution, one solution to the human trafficking problem might be to
penalize the johns that actually necessitate the services. Sweden has taken a strong approach in
this regard, claiming that the johns requiring a variety of sexual partners create the incentive for
human traffickers to “stock” a large supply of prostitutes, and the best way to solve the human
trafficking issue is to cut off financial resources provided by consumers. This approach seems to
make sense, considering that human traffickers wouldn’t be in the business of trafficking if they
couldn’t get paid for it.¶ The answer to suppress human sex trafficking is not to promote the
degradation of women by saying that prostitution is okay; nor is the answer to make the world’s
stance on sexual slavery muddied and unclear. The only way we’re going to be able to stop
traffickers is by squashing laws that legalize prostitution and promote global laws that enforce the rights of
women to equality.
Advantage 1: Health Answers
(--) AIDS deaths are decreasing now—epidemic will be controlled by 2030:
Al Jazeera, 7/16/2014 (“UN: HIV infections decreasing, epidemic could be contained by
2030,” http://america.aljazeera.com/articles/2014/7/16/hiv-crisis-un0.html, Accessed
2/25/2015, rwg)
New HIV infections and deaths from AIDS are decreasing, the United Nations said on Wednesday,
making it possible to control the epidemic by 2030 and eventually end it "in every region, every
country." "More than ever before, there is hope that ending AIDS is possible. However, a business-as-usual approach or simply
sustaining the AIDS response at its current pace cannot end the epidemic," the U.N. program UNAIDS said in a global report issued
ahead of an AIDS conference in Melbourne, Australia, next week. Despite the promising signs of progress, the U.N. also said that HIV
was still at epidemic levels across much of the world, and that without access to treatments in poorer countries, the virus was likely
to continue to spread. The U.N.’s report said the number of people infected with HIV was stabilizing at around 35 million worldwide.
The epidemic has killed some 39 million of the 78 million people it has affected since it began in the 1980s. "The
AIDS
epidemic can be ended in every region, every country, in every location, in every population and
every community," Michel Sidibe, the director of UNAIDS, said in the report. "There are multiple reasons why there is hope
and conviction about this goal."
Legalization of prostitution won’t prevent the spread of HIV:
Janice G. Raymond, 3/25/2003 (Coalition Against Trafficking in Women International (CATW),
http://www.prostitutionresearch.com/10%20reasons%20for%20not%20legalizing%20prostitution.pdf,
Accessed 3/12/2015, rwg)
8. Legalization/decriminalization of prostitution does not promote women's health. A legalized system
of prostitution that mandates health checks and certification only for women and not for clients is blatantly discriminatory to women.
Women only health checks make no public health sense because monitoring prostituted women
does not pr otect them from HIV/AIDS or STDs, since male clients can and do originally transmit
disease to the women. It is argued that legalized brothels or other controlled prostitution
establishments protect women through enforceable condom policies. In one of CATW 's studies,
U.S. women in prostitution interviewed reported the following: 47% stated that men expected
sex without a condom; 73% reported that men offered to pay more for sex without a condom;
45% of women said they were abused if they insisted that men u se condoms. Some women said that
certain establishments may have rules that men wear condoms but, in reality, men still try to
have sex without them. One woman stated: It's regulation to wear a condom at the sauna, but negotiable between parties on
the sid e. Most guys expected blow jobs without a condom (Raymond and Hughes: 2001). In reality, the enforcement of condom
policy was left to the individual women in prostitution, and the offer of extra money was an insistent pressure. One woman stated: ;I'd
be on e of those liars if I said "Oh I always used a condom." If there was extra money coming in, then the condom would be out the
window. I was looking for the extra money. Many factors militate against condom use: the need of women to make money; older
women's decline in attractiveness to men; competition from places that do not require condoms; pimp pressure on women to have sex
with no condom for more money; money needed for a drug habit or to pay off the pimp; and the general lack of control that prostituted
women have over their bodies in prostitution venues. So called "safety policies" in brothels did not protect women from harm. Even
where brothels supposedly monitored the "customers" and utilized "bouncers," women stated that they were injured by buyers a nd, at
times, by brothel owners and their friends. Even when someone intervened to control buyers' abuse, women lived in a climate of fear.
IV drug users is a huge alternate cause to AIDS:
ANDRÉ PICARD, 8/29/2014 (staff writer, “The 90-90-90 solution to AIDS pandemic,”
http://www.theglobeandmail.com/life/health-and-fitness/health/the-90-90-90-solution-to-aidspandemic/article20285035/, Accessed 3/12/2015, rwg)
Where everyone
agrees is that the key to reining in the epidemic is to focus on marginalized
populations where infections and deaths continue to rise, such as intravenous drug users
(where HIV is 28 times more prevalent than in the general population) and sex workers (12 times higher).
Other countries are an alternate cause to the spread of AIDS:
ANDRÉ PICARD, 8/29/2014 (staff writer, “The 90-90-90 solution to AIDS pandemic,”
http://www.theglobeandmail.com/life/health-and-fitness/health/the-90-90-90-solution-to-aidspandemic/article20285035/, Accessed 3/12/2015, rwg)
Special attention also needs to be paid to the few countries that are still driving the epidemic.
Fifteen countries, chief among them South Africa, Nigeria, Uganda and India, account for 75 per
cent of new cases.
Extensions: AIDS Deaths Decreasing Now
Extend our Al Jazeera evidence—AIDS deaths are decreasing now—we control
the direction of uniqueness—the status quo is solving AIDS now.
(--) AIDS deaths are decreasing now:
Al Jazeera, 7/16/2014 (“UN: HIV infections decreasing, epidemic could be contained by
2030,” http://america.aljazeera.com/articles/2014/7/16/hiv-crisis-un0.html, Accessed
2/25/2015, rwg)
Since 2001, new HIV infections have fallen by 38 percent, it said. AIDS deaths have fallen 35
percent since a peak in 2005. "The world has witnessed extraordinary changes in the AIDS
landscape. There have been more achievements in the past five years than in the preceding 23 years," the report said. The U.N.
report said ending the AIDS epidemic by 2030 would mean the spread of HIV was being controlled or contained, and that the impact
of the virus in societies and in people's lives had been reduced by significant declines in ill health, stigma, deaths and the number of
AIDS orphans.
(--) AIDS deaths are decreasing now:
ANDRÉ PICARD, 8/29/2014 (staff writer, “The 90-90-90 solution to AIDS pandemic,”
http://www.theglobeandmail.com/life/health-and-fitness/health/the-90-90-90-solution-to-aidspandemic/article20285035/, Accessed 3/12/2015, rwg)
The AIDS world is dealing with something unprecedented: good news. Bear in mind that “good” is a
relative term, especially when dealing with the worst pandemic in human history. But the data are still noteworthy:
There were 1.5 million AIDS deaths last year, down from 2.4 million a decade ago; There were
2.1 million new infections, down from a peak of 3.4 million; The number of people living with HIV has held
steady at 35 million.
Stigma Advantage Answers
(--) Maximizing as many lives as possible is the best way to give meaning to life:
Cummiskey 1996 (David, Associate Philosophy Professor at Bates College. Kantian
Consequentialism. Pp. 145-146)
We must not obscure the issue by characterizing this type of case as the sacrifice of individuals
for some abstract “social entity.” It is not a question of some persons having to bear the cost for
some elusive “overall social good.” Instead, the question is whether some persons must bear
the inescapable cost for the sake of other persons. Robert Nozick, for example, argues that “to
use a person in this way does not sufficiently respect and take account of the fact that he is a
separate person, that his is the only life he has.” But why is this not equally true of all those
whom we do not save through our failure to act? By emphasizing solely the one who must bear
the cost if we act, we fail to sufficiently respect and take account of the many other separate
persons, each with only one life, who will bear the cost of our inaction. In such a situation, what
would a conscientious Kantian agent, an agent motivated by the unconditional value of rational
beings, choose? A morally good agent recognizes that the basis of all particular duties is the
principle that “rational nature exists as an end in itself” (GMM 429). Rational nature as such is
the supreme objective end of all conduct. If one truly believes that all rational beings have an
equal value, then the rational solution to such a dilemma involves maximally promoting the lives
and liberties of as many rational beings as possible (chapter 5). In order to avoid this conclusion,
the non-consequentialist Kantian needs to justify agent-centered constraints. As we saw in
chapter 1, however, even most Kantian deontologists recognize that agent-centered constraints
require a non- value-based rationale. But we have seen that Kant’s normative theory is based on
an unconditionally valuable end. How can a concern for the value of rational beings lead to a
refusal to sacrifice rational beings even when this would prevent other more extensive losses of
rational beings? If the moral law is based on the value of rational beings and their ends, then
what is the rationale for prohibiting a moral agent from maximally promoting these two tiers of
value? If I sacrifice some for the sake of others, I do not use them arbitrarily, and I do not deny
the unconditional value of rational beings. Persons may have “dignity, that is, an unconditional
and incomparable worth” that transcends any market value (GMM 436), but persons also have a
fundamental equality that dictates that some must sometimes give way for the sake of others
(chapters 5 and 7). The concept of the end-in-itself does not support the view that we may
never force another to bear some cost in order to benefit others. If one focuses on the equal
value of all rational beings, then equal consideration suggests that one may have to sacrifice
some to save many.
(--) They don’t solve the root cause of conflict—ISIS isn’t threatening us because
of sex trafficking—they are threatening us because of an ideological dispute
with America.
(--) Legalization won’t reduce stigma—women will refuse to register and just
become street prostitutes:
Lauren Hersh, 9/23/2013 (former prosecutor at the Kings County District Attorney’s Office,
“Legalized prostitution has not reduced stigma or exploitation,”
http://womennewsnetwork.net/2013/09/23/legalized-prostitution-stigma/, Accessed
3/12/2015, rwg)
For Rachel and countless survivors worldwide, societal stigma is a concept that they have faced all too often. It arises because
society dehumanizes people in prostitution, treating them as second class citizens at best. Stigma prevents prostituted people from
accessing adequate health care and places them at higher risk of violence by abusers who often act with impunity. To some, the
solution is simple — legalize the commercial sex industry and stigma will vanish. But experts,
government reports and
academic publications are increasingly confirming what survivors have been saying for a long time — that the
legalization or decriminalization of the commercial sex industry does not reduce stigma , does not eliminate
violence and fails to make things safer for people in prostitution. In an effort “to put an end to the exploitation of people for the
purposes of prostitution: human trafficking,” the Netherlands introduced legislation in 2000, which legalized prostitution. For the
last 13 years, the world has watched this important experiment to reduce stigma and violence. The Netherlands is a known
destination for sex tourism and continues to experience the commercial sexual exploitation of children and trafficking in both its
legal and illegal sectors. In
an attempt to normalize prostitution and “bring it out in the open,” women
are encouraged to register for tax purposes in the Netherlands. And yet, only a small number of
women actually register.
Rachel Moran describes the reasons for this in her book, Paid For: I understand exactly why
many reject that and work illegally to avoid it, because if
I had been forced to choose between working in
secret or being officially tagged a prostitute, I would have done exactly the same thing. The proprostitution lobby would say I was suffering from the ill-effects of ‘whore stigma.’ No. The only ill-effects I was suffering from were
the ill-effects of prostitution. But the Netherlands is not alone in recognizing the huge failings in what was intended to de-stigmatize
prostitution, to bring it “out of the shadows” and to reduce exploitation. In
New Zealand, where prostitution and
activities surrounding it were decriminalized in 2003, Prime Minister John Key has said this has not
resulted in significant reductions in street and underage prostitution. In a government report, women in
prostitution also said that the deregulation of prostitution did not reduce violence in the sex industry and that “abuse and
harassment of street-based sex workers by drunken members of the public is common.” Meanwhile, a service provider in Victoria,
Australia, where prostitution was legalized in the 1980s, said, “Women constantly
tell us that their status as
having done prostitution is used against them.” Germany is the latest country to openly discuss the failure of
legalization in its national media.
(--) Multiple countries that have legalized prostitution proves: legalization
doesn’t decrease stigma:
Equality Now, 12/19/2012
(http://www.equalitynow.org/sites/default/files/Does_Legalizing_Prostitution_Protect_Women
_and_Girls_EN.pdf, Accessed 3/12/2015, rwg)
DISCRIMINATION AND STIGMA NETHERLANDS: A 2007 government repor t found that “the
prostitutes’ emotional well-being is now lower than in 2001 on all measured aspects, and the
VICTORIA (AUSTRALIA): The government admitted in 2010
that people in prostitution continued to face stigma and discrimination, despite prostitution
now being legal. One service provider noted that “women constantly tell us that their status as
having done prostitution is used against them
SENEGAL: A 2010 report found that a large
majority of wo men in prostitution did not to register as they fear stigma from the public and
harassment from the police. xxii Women in prostitution are considered socia
NEW ZEALAND: A government report noted that “despite decriminalisation, the social stigma
surrounding involvement in the sex industry continues” xxiv and “ abuse and harassment of
street-based sex workers by drunken members of the public is common.
(--) Prefer our evidence—it comes from women in the prostitution industry:
Janice G. Raymond, 3/25/2003 (Coalition Against Trafficking in Women International (CATW),
http://www.prostitutionresearch.com/10%20reasons%20for%20not%20legalizing%20prostitution.pdf,
Accessed 3/12/2015, rwg)
In the Netherlands, women in prostitution point out that legalization or decriminalization of the
sex industry cannot erase the stigma of prostitution but, instead, makes women more
vulnerable to abuse because they must register and lose anonymity. Thus, the majority of
women in prostitution still choose to operate illegally and underground. Members of Parliament
who originally supported the legalization of brothels on the grounds that this would liberate
women are now seeing that legalization actually reinforces the oppression of women (Daley,
2001: A1).
(--) Turn: registration increases stigma because women must give up their
anonymity:
Janice G. Raymond, 2003 (“Ten Reasons for Not Legalizing Prostitution,”
http://www.embracedignity.org/uploads/10Reasons.pdf, Accessed 2/27/2015, rwg)
In the Netherlands, women in prostitution point out that legalization or decriminalization of the
sex industry does not erase the stigma of prostitution. Because they must register and lose their
anonymity, women are more vulnerable to being stigmatized as “whores,” and this identity
follows them everyplace. Thus, the majority of women in prostitution still operate illegally and
underground. Some members of Parliament who originally supported the legalization of
brothels on the grounds that this would liberate women are now seeing that legalization
actually reinforces the oppression of women (Daley, 2001, p. A1)
Stigma
2nc—Legalization Won’t Reduce Stigma
Extend our Hersh evidence—multiple countries prove that women won’t
register and come above board as a prostitute—this is because of the fear of
being labeled a prostitute—a label that they don’t get rid of.
(--) Legalization doesn’t solve the gender bias which creates stigma:
Lauren Hersh, 9/23/2013 (former prosecutor at the Kings County District Attorney’s Office,
“Legalized prostitution has not reduced stigma or exploitation,”
http://womennewsnetwork.net/2013/09/23/legalized-prostitution-stigma/, Accessed
3/12/2015, rwg)
Neither legalization nor decriminalization cures the inherent gender inequality that arises when
a buyer purchases the body of a woman or girl. Stella Marr, a survivor of prostitution and
founder of Sex Trafficking Survivors United, emphasizes that stigma originates on the demand
side “from the buyers who use their political and financial power to buy the younger, poorer,
disadvantaged and more vulnerable. The secrecy demanded by these buyers to conceal the
harm they cause creates an especially devastating form of stigma: a suffocating silence enforced
by fear and shame.”
(--) Legalizing prostitution only condones humiliation:
Lauren Hersh, 9/23/2013 (former prosecutor at the Kings County District Attorney’s Office,
“Legalized prostitution has not reduced stigma or exploitation,”
http://womennewsnetwork.net/2013/09/23/legalized-prostitution-stigma/, Accessed
3/12/2015, rwg)
After courageously exiting the commercial sex industry, Rachel Moran explains what is
fundamentally wrong about government attempts to legalize prostitution rather than focus on
demand: “To be prostituted is humiliating enough; to legalize prostitution is to condone that
humiliation, and to absolve those who inflict it. It is an agonizing insult.”
(--) Legalization of prostitution means legalizing all aspects of the sex industry:
Janice G. Raymond, 3/25/2003 (Coalition Against Trafficking in Women International (CATW),
http://www.prostitutionresearch.com/10%20reasons%20for%20not%20legalizing%20prostitution.pdf,
Accessed 3/12/2015, rwg)
ARGUMENTS: 1. Legalization/decriminalization of prostitution is a gift to pimps, traffickers and the sex industry. What does
legalization of prostitution or decrimi nalization of the sex industry mean? In the Netherlands, legalization amounts
to
sanctioning all aspects of the sex industry: the women themselves, the so - called clients and the
pimps who, under the regime of legalization, are transformed into third party businessmen and
legitimate sexual entrepreneurs.
(--) Other countries prove: legalization won’t reduce stigma—just empowers
pimps and traffickers:
Lauren Hersh, 9/23/2013 (former prosecutor at the Kings County District Attorney’s Office,
“Legalized prostitution has not reduced stigma or exploitation,”
http://womennewsnetwork.net/2013/09/23/legalized-prostitution-stigma/, Accessed
3/12/2015, rwg)
” The failed experiment to decriminalize or legalize the purchase of sex in several countries
around the world has not brought things ‘above ground’. Nor has it reduced stigma or made
things safer, as was originally intended. Instead, it has empowered buyers, pimps and traffickers
and ignored the voices of survivors of prostitution and sex trafficking, who tell us every day that
the purchase of sex should be criminalized”.
(--) The plan only dignifies the sex industry:
Janice G. Raymond, 3/25/2003 (Coalition Against Trafficking in Women International (CATW),
http://www.prostitutionresearch.com/10%20reasons%20for%20not%20legalizing%20prostitution.pdf,
Accessed 3/12/2015, rwg)
Legalization/decriminalization of the sex industry also converts brothels, sex clubs, massage parlors and
other sites of prostitution activities into legitimate venues where commercial sexual acts are allowed to
flourish legally with few restraints. Ordinary people believe that, in calling for legalization or
decriminalization of prostitution, they are dignifying and professionalizing the women in prostitution. But
dignifying prostitution as work doesn't dignify the women, it simply dignifies the sex industry.
People often don't realize that decriminalization, for example, means decriminalization of the
whole sex industry not just the women. And they haven't thought through the consequences of
legalizing pimps as legitimate sex entrepreneurs or third party businessmen, or the fact that
men who buy women for sexual activity are now accepted as legitimate consumers of sex.
2nc—Other nations prove our argument
(--) Extend our Equality Now evidence—multiple other countries have legalized
prostitution and stigma has not decreased—our evidence cites the Netherlands,
Australia and New Zealand where the status of women being a prostitute is
used against them.
(--) You should prefer the voices of women in systems of prostitution—they don’t want it legalized:
Janice G. Raymond, 3/25/2003 (Coalition Against Trafficking in Women International (CATW),
http://www.prostitutionresearch.com/10%20reasons%20for%20not%20legalizing%20prostitution.pdf,
Accessed 3/12/2015, rwg)
10. Women in systems of prostitution do not want the sex industry legalized or decriminalized. In
a 5 - country study on sex trafficking done by the Coalition Against Trafficking in Women and funded
by the Ford Foundation, most of the 146 women interviewed strongly stated that prostitution
should not be legalized and considered legitimate work, warning that legalization would create
more risks and harm for women from already violent customer and pimps (Raymond et al, 2002).
"No way. It's not a profession. It is humiliating and violence from the men's side. Not one woman
interviewed wanted her children, family or friends to have to earn money by entering the sex
industry. One stated: Prostitution stripped me of my life, my health, everything.
(--) Prostitution will not liberate women:
Melissa Farley, 2009 (“Myths and Facts about Trafficking for Legal and Illegal Prostitution,”
http://www.prostitutionresearch.com/pdfs/Myths%20&%20Facts%20Legal%20&%20Illegal%20Prostituti
on%203-09.pdf, Accessed 2/27/2015, rwg)
3. MYTH: Prostitution is sexual liberation FACT: Prostitution is sexual exploitation. The sex acts
performed in prostitution may be liberating to the john (although over the long term, it is likely
that prostitution harms johns). However, women in prostitution tell us that the sex acts of
prostitution are not sex for her. They tell us that prostitution involves acting and usually also
dissociating the mind from the body. One of the long - term effects of prostitution is the
destruction of women’s sexuality.
(--) Doesn’t solve stigma:
Melissa Farley, 2009 (“Myths and Facts about Trafficking for Legal and Illegal Prostitution,”
http://www.prostitutionresearch.com/pdfs/Myths%20&%20Facts%20Legal%20&%20Illegal%20Prostituti
on%203-09.pdf, Accessed 2/27/2015, rwg)
Women don't want to be prostitutes and the shame and stigma of prostitution persists despite legalization.
Altho ugh they would have been earning retirement benefits if they registered, women in Dutch prostitution did not register as legal
prostitutes because they are ashamed to be publicly known as prostitutes. Regardless of
its legal status, women
would prefer to get out of prostitution and usually feel ashamed of it. Does any woman in prostitution
deserve to be treated disrespectfully or stigmatized? Of course not. But prostitution inevitably means that you’re treated like an
object to be masturbated into. In
Germany, the service union ver.di offered union membership to
Germany's sex workers. They would have been be entitled to health care, legal aid, thirty paid holiday days a year, a five day workweek, and Christmas and holiday bonuses. Out of an estimated 400,000 sex workers, only 100 joined
the union. That's .00025% of German sex workers. The same phenomenon (not joining prostitute unions) is true in the
Netherlands. Legalisation
does not erase the stigma of prostitution and could even make women
more vulnerable because they must lose anonymity.
Stigma/Rape Culture/Misogyny
Stigma Still Exists post the plan
By Lauren Hersh, September 2nd, 2013 Special for CNN Editor’s note: Lauren Hersh is New York Director of Equality Now
and head of its Sex Trafficking program combatting violence against women and girls. She is a former prosecutor at the Kings County
District Attorney’s Office which covers Brooklyn. Misguided attempts to reduce stigma through legalization mean governments benefit
financially from sex trafficking at the expense of people in prostitution.
http://thecnnfreedomproject.blogs.cnn.com/2013/09/02/legal-prostitution-condones-humiliationon-women/
My friend Rachel Moran describes in her book, “Paid For,” how she was taken into state custody at
14 and within a year, was homeless, hungry and vulnerable. Her lack of choice fed her into the belly
of prostitution. For the next seven years, she lived through repeated rapes from buyers and relentless
violence. But physical harm and exploitation were not all she endured. For Rachel and countless
survivors worldwide, societal stigma is a concept that they have faced all too often. It arises
because society dehumanizes people in prostitution, treating them as second class citizens at
best. Stigma prevents prostituted people from accessing adequate health care and places them
at higher risk of violence by abusers who often act with impunity. To some, the solution is
simple - legalize the commercial sex industry and stigma will vanish. But experts, government
reports and academic publications are increasingly confirming what survivors have been saying
for a long time – that the legalization or decriminalization of the commercial sex industry does
not reduce stigma, does not eliminate violence and fails to make things safer for people in
prostitution. In an effort “to put an end to the exploitation of people for the purposes of
prostitution: human trafficking,” the Netherlands introduced legislation in 2000, which legalized
prostitution. For the last 13 years, the world has watched this important experiment to reduce
stigma and violence. The Netherlands is a known destination for sex tourism and continues to
experience the commercial sexual exploitation of children and trafficking in both its legal and illegal
sectors. In an attempt to normalize prostitution and ‘bring it out in the open,’ women are
encouraged to register for tax purposes in the Netherlands. And yet, only a small number of
women actually register. Rachel Moran describes the reasons for this in her book “Paid For:” “I
understand exactly why many reject that and work illegally to avoid it, because if I had been forced to
choose between working in secret or being officially tagged a prostitute I would have done exactly
the same thing. The pro-prostitution lobby would say I was suffering from the ill-effects of ‘whore
stigma.’ No. The only ill-effects I was suffering from were the ill-effects of prostitution.” But the
Netherlands is not alone in recognizing the huge failings in what was intended to de-stigmatize
prostitution, to bring it ‘out of the shadows’ and to reduce exploitation. In New Zealand, where
prostitution and activities surrounding it were decriminalized in 2003, Prime Minister John Key has
said this has not resulted in significant reductions in street and underage prostitution. In a
government report, women in prostitution also said that the deregulation of prostitution did not
reduce violence in the sex industry and that “abuse and harassment of street-based sex workers by
drunken members of the public is common." Meanwhile, a service provider in Victoria, Australia,
where prostitution was legalized in the 1980s, said that "women constantly tell us that their status as
having done prostitution is used against them”. Germany is the latest country to openly discuss the
failure of legalization in its national media. Neither legalization nor decriminalization cures the
inherent gender inequality that arises when a buyer purchases the body of a woman or girl. Stella
Marr, a survivor of prostitution and founder of Sex Trafficking Survivors United, emphasizes that
stigma originates on the demand side “from the buyers who use their political and financial power to
buy the younger, poorer, disadvantaged and more vulnerable. The secrecy demanded by these buyers
to conceal the harm they cause creates an especially devastating form of stigma: a suffocating silence
enforced by fear and shame.” When governments fail to tackle the demand side of the commercial
sex industry, they not only fail to protect people in prostitution, they also financially benefit through
the increased tax income generated from the exploitation of people. But they are not the only ones to
benefit. By bringing the commercial sex industry ‘above ground’, traffickers, pimps, brothel owners
and sex buyers all profit in this billion dollar business. In an effort to prioritize the human rights and
safety of people in prostitution, Sweden, Norway and Iceland have adopted the Nordic Model, an
approach that criminalizes the purchase of sex, decriminalizes the sale of sex and provides exit
strategies for those who are being purchased. At the launch of the EU Civil Society Platform against
Trafficking in Human Beings in Brussels this May, Myria Vassiladou, EU Anti-Trafficking
Coordinator suggested that: “Member states of the EU are legally obligated to take measures to
tackle the demand that fuels trafficking." Yet, few have done so. After courageously exiting the
commercial sex industry, Rachel Moran explains in “Paid For” what is fundamentally wrong about
government attempts to legalize prostitution rather than focus on demand: “To be prostituted is
humiliating enough; to legalize prostitution is to condone that humiliation, and to absolve those
who inflict it. It is an agonizing insult.”
Legalization has proven to make sex trafficking worse, reinforce the stigma, and exploit
vulnerable people
Donal Dorr NoDate http://www.aptireland.org/unacceptable-effects-legalising-prostitution/
A revealing account in www.examiner.com tells of the quite horrifying effects of the legalization
of prostitution in Germany. Those who had advocated legalized prostitution had argued that
legalization would improve the rights of women (and men) in prostitution and would eliminate
discrimination against them. In practice, however, quite the reverse has occurred. The chief
officer of the police said recently that sex trafficking has increased 11 percent from last year and
has increased by 70% over a period of five years. In fact, the so-called ‘sex industry’ in Germany
has attracted sex traffickers from Eastern Europe and African countries. The police report
pointed out that many African women are manipulated or coerced into prostitution by using
voodoo rituals to intimate them and inhibit them from escaping from this slavery. Furthermore,
this so-called ‘industry’ actually has become a source of exploitation not only of foreign women
but also of German women as well. Even more alarmingly, the police reported that out of 534
reported cases of trafficking in the past year, 65 of them were cases of child trafficking—and the
majority of them were less than fourteen years old. Contrary to expectations, legalization has
not only increased sex trafficking of women and children but has also failed to change the
stigma attached to prostitution. Legalization did not succeed in protecting the human rights of
women in prostitution; most of them still live in very poor conditions and they are still exploited
by the pimps and the landlords who take most of the money they earn. What is perhaps even
worse is that because prostitution is now considered a regular employment, women who are
unemployed may now be told by government employment agencies that they should take up
the ‘work’ of prostitution; otherwise they may lose their unemployment benefits! The Telegraph
newspaper has given an account of how some brothel owners have reacted to a drop in their
‘business’ due to the recession. They now offer the ‘customers’ a flat-rate price for the right to
have sex with as many of the women as they wish. This has caused outrage among many
politicians who have come to realize that the whole ‘business’ is a gross exploitation of
vulnerable people. One further result of the legalization of prostitution in Germany is that
enormous brothels have developed in towns near the border with France. For instance the city
of Saarbrücken now has a six-storey 15,000 square foot building designed to attract ‘customers’
from over the French border. Germany has become the sex-capital of Europe. Surely it past time
for the government to re-think its policy of the legalization of prostitution?
Solvency
Attacks on women arent a legal problem, it’s a cultural problem. Just because you
legalize prostitution it won’t change the mindset that allows people to be comfortable
raping and abusing women. Its rape culture that teaches men “women are asking for
it” and teaches women that if they get raped it’s their own fault. They try to
distinguish between trafficked women and prosittitues but as we have shown in the
cross ex it is a difficult to make that distinction.
The link turns their arguments about women who choose prostitution
Donna M. Hughes – 2000. (Chair and Director of Women’s Studies at the University of Rhode Island. She has been involved
in community work, education and research on violence against women and sexual exploitation for fifteen years. Currently, she is
conducting research on trafficking in women into the United States and is a member of the U.S. National Institute of Justice and
Ukrainian Academy of Law Ukrainian-US Research Partnership, where she is researching trafficking in women from Ukraine; Journal
of International Affairs, “The “Natasha” Trade: The Transnational Shadow Market of Trafficking in Women,” 2000, PDF Accessed
8/27/2014, WSH)
Trafficking and prostitution are highly gendered systems that result from structural inequality
between women and men on a world scale. Men create the demand and women are the
supply. In¶ this gendered system of supply and demand, little or no attention is paid to the legitimacy of the demand. The
ultimate consumers of trafficked and prostituted women are men who use them for entertainment, sexual gratification, and acts of
violence. Victims and advocacy groups for survivors of prostitution compare the dynamics of prostitution to battering and sexual
assault. Survivors often recount their experiences spent in sex industries as being abusive, degrading, and harmful to their¶ 75
health and well being.¶ The most crucial factor in determining where trafficking will occur is the activity of traffickers. Poverty,
unemployment, inflation, war and lack of a promising future are compelling factors that
facilitate the ease with which traffickers recruit women, but they are not the cause of
trafficking. Many regions of the world are poor and chaotic, but not every region becomes a
major supplier of women trafficked into the sex industry. Traffickers take advantage of poverty,
unemployment and a desire to emigrate to recruit and traffic women into sex industries. Women, in large numbers, do
not make their way across borders to enter prostitution, nor do they traffic themselves or
organize themselves en masse to travel internationally to enter prostitution. Women do not
voluntarily put themselves in situations where they are exploited, beaten, raped and
enslaved. Without recruiters, traffickers and pimps, trafficking in women would not exist.
According to Michèle Hirsch, a barrister in Brussels in her report to the Council of Europe: “Poverty does not automatically and in
every case lead to traffic in human beings and in fact¶ only creates the necessary conditions. ...Trafficking will appear only when
criminal elements¶ take advantage of this desire to emigrate to entice people, particularly women, to the West¶ under false
pretences.”
¶ 77¶ More than 120 million people in Eastern Europe earn less that US$4 per day. Where old¶ Soviet economic
systems have been disrupted or discarded, there has been economic contraction and¶ hyperinflation, which has wiped out people’s
savings and security. In Ukraine, over 60 percent of the¶ unemployed are women, and of those who have lost their job since 1991,
more than 80 percent are¶ women. The average salary in Ukraine is about US$30 a month, but in many small towns, it is only ¶ 78
half that.¶ Women’s NGOs report that the economic hard times has lead to a depression of women’s¶ psychological state with loss
of self-esteem and hope for the future. Women accept unlikely offers of¶ employment in unskilled jobs at high salaries with the
resignation that “it cannot be worse” than their¶ 79¶ present lives. Recruiters for the sex industry target the most economically
depressed areas.¶ According to an estimate by a Ukrainian women’s NGO, one-third of unemployed young women get¶ 80 involved
in illegal sex businesses.¶ There also tends to be a paucity of information about the problem in sending countries. MiraMed, an anti-
trafficking NGO, asserts that there has been a “relative media blackout” on the subject of trafficking in women, which has left
women without information about what is happening¶ 81 to women who have gone abroad.¶ The International Organization for
Migration (IOM) conducted a survey of 1,189 women and girls, aged 15 to 35, in ten urban regions of Ukraine. The purpose was to
assess women’s attitudes and intentions toward migration. The IOM concluded that 40 percent of the women in Ukraine are at risk
of becoming victims of trafficking mainly due to their interest in emigrating or seeking employment abroad. Although
many
young women are eager to travel to seek jobs, prostitution was viewed as absolutely
unacceptable. When asked if “a job in the sex industry” was an “acceptable job abroad,” none
of the women and girls in any age group (Ages 15-17, 18-19, 20-24, 25-15) said yes. When asked if
being a “dancer” or “stripper” was an “acceptable job abroad,” however, all of the girls¶ 82 aged 15-17 indicated that it was, while
none of the older women said yes.¶ These findings indicate that when
accurate naming of activities, such as “job
in the sex industry” occurs, rather than the use of euphemisms, such as “hostess” or
“entertainer,” women are not interested in these “jobs.”
Even when there is “voluntary trafficking” victims don’t know how bad its going
to be – means the “voluntariness” of the act loses all meaning
Donna M. Hughes – 2000. (Chair and Director of Women’s Studies at the University of Rhode Island. She has been involved
in community work, education and research on violence against women and sexual exploitation for fifteen years. Currently, she is
conducting research on trafficking in women into the United States and is a member of the U.S. National Institute of Justice and
Ukrainian Academy of Law Ukrainian-US Research Partnership, where she is researching trafficking in women from Ukraine; Journal
of International Affairs, “The “Natasha” Trade: The Transnational Shadow Market of Trafficking in Women,” 2000, PDF Accessed
8/27/2014, WSH)
Even women who voluntarily travel to engage in prostitution do not anticipate the level of
manipulation, deception and coercion to which they will be subjected. According to Narcisa Escaler,
Deputy Director General of the International Organization for Migration:¶ “...the question of the voluntariness of the movement of
trafficked migrants merits particular attention. For many migrants who are eager to escape poverty or political and social insecurity,
and who are unaware or unmindful of the pitfalls of irregular migration ... But, in
many instances, trafficked migrants
are lured by false promises, misled by misinformation concerning migration regulations, or
driven by economic despair or large scale violence. In such cases, the migrant’s freedom of
choice is so seriously impaired that the “voluntariness”¶ 48 of the transaction must be
questioned.”¶ The networks that traffic women are modern day slave traders. There are even aspects of trafficking in womensuch as auctions-that are reminiscent of the 18 and 19¶ century African slave trade. In Milan, Italy in December 1997, police
uncovered a gang that was holding auctions of¶ trafficked women from the former Soviet Union. The women were stripped partially
naked, displayed¶ 49¶ and sold for an average price of US$1000.¶ Traffickers and pimps use extreme violence to control¶ their
women and territory. In Italy, police report that one woman in prostitution is murdered each¶ 50¶ month. Women
are
mutilated and murdered as warnings to competing traffickers and pimps and as¶ punishment
for refusing to engage in prostitution. In two reported cases, women who resisted were killed as an example to other
women. In Istanbul, Turkey, two Ukrainian women were thrown off a balcony and killed, while six of their Russian friends watched.
Levels of violence and discrimination
against women trafficked into prostitution are extreme. Trafficked women get little sympathy or assistance
In Serbia, a Ukrainian woman who¶ 51 resisted was beheaded in public.¶
once they are under the control of traffickers and pimps, either from the general public or social service agencies. In receiving
countries, they are treated as criminals, either as prostitutes or illegal immigrants. When they are discovered, often in police raids,
they are arrested or jailed pending deportation. Almost no services exist that address the needs of victims of trafficking who are
suffering from trauma, poor health, and physical injuries.¶ Assistance to victims is hampered by the lack of recognition of the harm
to trafficked and¶ 52¶ prostituted women. Studies
on the health of women in the sex industry indicate
that many women¶ ¶ have serious health problems and are exposed to life-threatening risks.
Women suffer from infectious¶ diseases, sexually transmitted diseases, injuries from violence, drug
and alcohol addictions,¶ 53 depression and other mental health problems as a result of
trauma.¶ Many people view the women as complicit in the trafficking, as immoral or as
workers - a wide span of perspectives, all of which ignore the harm to the victims. An investigation
on trafficking and prostitution in the Czech Republic found that people had little sympathy for victims of trafficking and assumed
they were getting rich.
Legalization invariably increases demand for prostitution – particularly foreign
nationals – taxation is irrelevant
SEO-YOUNG CHO et. al. – 2013. (Of the German Institute for Economic Research-DIW Berlin, Germany, AXEL DREHER is
affiliated with the KOF Swiss Economic Institute and Heidelberg University, and ERIC NEUMAYER is affiliated with the London School
of Economics and Political Science; Elsevier Institute, “Does Legalized Prostitution Increase Human Trafficking?,” 2013,
http://www.lse.ac.uk/geographyAndEnvironment/whosWho/profiles/neumayer/pdf/Article-for-World-Development_prostitution_-anonymous-REVISED.pdf, Accessed 8/25/2014, WSH)
What will be the effect of legalizing prostitution on the demand, supply, and thus equilibrium quantity of prostitution? Starting with
the demand effect, some
clients will be deterred from consuming commercial sex services if
prostitution is illegal and they expect that there is a reasonable probability of being prosecuted,
as this raises the costs of engaging in such activities. Legalizing prostitution will therefore
almost invariably increase demand for prostitution .8 Concerning supply, legalizing prostitution will
induce some potential sex workers (or their pimps) to enter the market, namely those who were
deterred from offering such services by the threat of prosecution and for whom the pay
premium that arose from the illegality of prostitution represented insufficient compensation—
i.e., the risk of prosecution creates costs that are not easily ex- pressed in monetary terms and
can therefore not be compensated for with a higher wage. One might conjecture that supply
could also decrease given that the state will want to raise taxes from legalized prostitution,
whereas illegal prostitution, by definition, does not entail payment of taxes. However, this is
not the case. Those unwilling or unable to operate legally (including meeting the legal
obligation to pay taxes), can continue to operate illegally. Before, their business was illegal
because prostitution was illegal; now their business is illegal due to their tax evasion in the
shadow economy. Supply could only decrease under the assumption that the state prosecutes tax evasion more vigorously
than it prosecuted illegal prostitution before, which, we believe, will not be the case. 9 As is the case with demand, supply will
therefore increase as well. With demand and supply both increasing, the equilibrium quantity of
prostitution will be higher in the legalized regime compared to the situation where prostitution
is illegal.
Prostitution encourages men to treat women like destructible commodities –
these attitudes spill over into normal relationships
Leslie Bennetts – 2011 (Journalist and Author of ‘The Feminine Mistake: Are We Giving Up Too Much,’ and she is citing a
study by Melissa Farley who is a clinical psychologist who directs the Prostitution Research Service; NewsWeek, “The Growing
Demand for Prostitution,” 7/18/2011, http://www.newsweek.com/growing-demand-prostitution-68493, Accessed 9/3/2014, WSH)
Overall, the
attitudes and habits of sex buyers reveal them as men who dehumanize and
commodify women, view them with anger and contempt, lack empathy for their suffering, and
relish their own ability to inflict pain and degradation.¶ Farley found that sex buyers were more
likely to view sex as DIVORCED from personal relationships than nonbuyers, and they enjoyed
the absence of emotional involvement with prostitutes, whom they saw as commodities.
“Prostitution treats women as objects and not ... humans,” said one john interviewed for the
study.¶ In their interviews, the sex buyers often voiced aggression toward women, and were
nearly eight times as likely as nonbuyers to say they would rape a woman if they could get
away with it. Asked why he bought sex, one man said he liked “to beat women up.” Sex buyers
in the study committed more crimes of every kind than nonbuyers, and all the crimes associated
with violence against women were committed by the johns.¶ Prostitution has always been risky for women;
the average age of death is 34, and the American Journal of Epidemiology reported that prostitutes suffer a “workplace homicide
rate” 51 times higher than that of the next most dangerous occupation, working in a liquor store.¶ Farley’s findings suggest that the
use of prostitution and pornography may cause men to become more aggressive. Sex buyers in the study used significantly more
pornography than nonbuyers, and three quarters of them said they received their sex education from pornography, compared with
slightly more than half of the nonbuyers. “Over time, as a result of their prostitution and pornography use, sex buyers reported that
their sexual preferences changed and they sought more sadomasochistic and anal sex,” the study reported.¶ “Prostitution
can
get you to think that things you may have done with a prostitute you should expect in a mutual
loving relationship,” said one john who was interviewed. Such beliefs inspire anger toward other women
if they don’t comply, impairing men’s ability to sustain relationships with nonprostitutes.¶ Sex
buyers often prefer the license they have with prostitutes. “You’re the boss, the total boss,” said another john. “Even us normal guys
want to say something and have it done no questions asked. No ‘I don’t feel like it.’ No ‘I’m tired.’ Unquestionable obedience. I mean
that’s powerful. Power is like a drug.”¶ Many
johns view their payment as giving them unfettered
permission to degrade and assault women . “You get to treat a ho like a ho,” one john said. “You can find a ho for
any type of need—slapping, choking, aggressive sex beyond what your girlfriend will do.”
Structural violence first (a) its systematically undervalued and outweighs over
time (b) it spins up into larger wars
Rob Nixon 11 (Rachel Carson Professor of English, University of Wisconsin-Madison; “Slow Violence and the Environmentalism
of the Poor,” pg. 2-3)
Three primary concerns animate this book, chief among them my conviction that we urgently need to rethink-politically, imaginatively,
and theoretically-what I call "slow violence." By slow violence I mean a violence that occurs gradually and out of sight, a violence of
delayed destruction that is dispersed across time and space, an attritional violence that is typically not viewed as violence at all.
Violence is customarily conceived as an event or action that is immediate in time, explosive and
spectacular in space, and as erupting into instant sensational visibility. We need, I believe, to engage a different kind of violence, a
violence that is neither spectacular nor instantaneous, but rather incremental and accretive, its
calamitous repercussions playing out across a range of temporal scales. In so doing, we also need to engage the representational,
narrative, and strategic challenges posed by the relative invisibility of slow violence. Climate change, the thawing cryosphere, toxic drift,
biomagnification, deforestation, the radioactive aftermaths of wars, acidifying oceans, and a host of other slowly unfolding environmental catastrophes
present formidable representational obstacles that can hinder our efforts to mobilize and act decisively. The long dyings-the staggered and staggeringly
discounted casualties, both human and ecological that result from war's toxic aftermaths or climate change-are underrepresented in strategic planning
as well as in human memory. Had Summers advocated invading Africa with weapons of mass destruction, his proposal would have fallen under
conventional definitions of violence and been perceived as a military or even an imperial invasion. Advocating
invading countries
with mass forms of slow-motion toxicity, however, requires rethinking our accepted
assumptions of violence to include slow violence. Such a rethinking requires that we complicate
conventional assumptions about violence as a highly visible act that is newsworthy because it is event
focused, time bound, and body bound. We need to account for how the temporal dispersion of
slow violence affects the way we perceive and respond to a variety of social afflictions-from domestic abuse to
posttraumatic stress and, in particular, environmental calamities. A major challenge is representational: how to devise arresting stories, images, and
symbols adequate to the pervasive but elusive violence of delayed effects. Crucially, slow
violence is often not just attritional but also
exponential, operating as a major threat multiplier; it can fuel long-term, proliferating conflicts
in situations where the conditions for sustaining life become increasingly but gradually
degraded.
Change rape culture, and then we can talk about solvency
Theres a bigger internal link to your impact you don’t solve for
Jinan Younis Tuesday 28 October 2014
Media coverage of sexual violence never seems to be higher, yet it paints an inconsistent
and incomplete picture that has left many of us confused. From reports that complaints of
sexual violence are on the rise, to the public naming for the second time of the woman
who was raped by professional footballer, Ched Evans, we learn that more women are
coming forward but that they are far from always being believed.
Police figures released by the Office for National Statistics reveal that the number of
rapes reported increased by 29% in the year to June. The police are quick to point to the
growing confidence in victims to come forward and report rape. Yet police forces
continue to woefully underperform when it comes to investigating rapes through to
successful convictions. In the year 2013-14, a third of rape cases were dropped. This
continued record of failure discourages women from reporting rape as institutions
repeatedly demonstrate that they cannot deliver justice.
Beyond police forces, universities too are failing rape victims. One in four students at
university receive unwanted sexual advances, yet only a tiny proportion of these incidents
are reported.
In the Cambridge University Student Union’s women’s campaign survey into sexual
harassment at the university, 88% of respondents who said they had experienced
sexual harassment did not report the incident. Moreover, in many institutions
policies to stamp out sexual harassment fail to provide adequate support for victims
or to encourage them to come forward.
At my college in Cambridge, for instance, the harassment policy fails to state that it will
investigate any complaint that is made, or that students who do make a complaint will be
protected from adverse social or academic consequences. Instead, it warns that those who
make false accusations will face severe consequences for disrupting the college
community and “causing much stress. This is emphasised more than once in the policy.
The focus on false accusations feeds into the culture of fear that intimidates victims from
reporting rape.
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The harassment policy also suggests one should speak to the perpetrator of the
harassment to “reconcile”. It says: “Complaints of harassment may often, it is hoped, be
resolved informally in consultation with the complainant.” This is obviously a distressing
and potentially traumatising prospect for most victims of rape or sexual assault. What’s
more, the policy does not even list what constitutes sexual harassment, thus leaving any
victim feeling helpless and cautious when considering whether or not to report an
incident. The body of support that is so desperately needed to encourage victims to come
forward does not exist in most universities.
The cultural context that we live in also plays a role in discouraging the reporting of
rape, along with adequate penalties for rapists. Men convicted of rape are often
pitied in the media and, like Evans, quickly vault back to positions of fame. When
US National Football League player, Ray Rice, viciously beat his fiancé unconscious, the
media circulated a video to feed the public’s morbid curiosity. When men kill their
partners, (twice a week in the UK) the world forgets the woman victim’s name as in the
case ofReeva Steenkamp.
Coming forward in a culture that devalues female experiences of violence is
extremely difficult, and if we really want to see a dramatic shift in how rape is dealt
with as a crime we need to change our society’s treatment of violence against
women. But there are still so many women who are terrified of reporting rape
because the institutions that ought to be helping them threaten, traumatise, vilify
and ultimately fail them. The attitudes of institutions and the backdrop of popular
culture leads rape victims to doubt themselves, internalise feelings of shame and
guilt and to suppress their experiences.
Legalizing prostitution is literally adding lighter fluid to the
flame, the status quo isn’t suited for this industry
S. Henry Wild
2010 by Woman's Justice Center
http://justicewomen.com/handbook/part2_d.html
No other crime is handled more poorly by the criminal justice system than rape. And not
surprisingly, no other serious crime is more under-reported. The vast majority of rape victims,
in fact, never do report to police. And of those cases that are reported, the prosecution rate is
lower than for any other serious crime. In no other crime is your skillful advocacy more
needed, and in no other crime are your advocacy skills more challenged. The good news is that rapid
changes, as uneven as they've been, are beginning to bring protection and justice within the reach of many rape victims. Victims
themselves are much more able to find support and to speak out. Law enforcement sex crimes investigation techniques and training
have improved. And here and there throughout the system there are individuals and units who take sex crimes seriously. Still,
successfully advocating for rape victims requires a full awareness of the generally hostile dynamics that rape victims face and
requires your unflinching willingness to confront them. As a crime, rape is in a class by itself; in the experience of the crime, in
people's response to the victim, and in the law enforcement skills needed to investigate and prosecute the crime. ** No
other
crime ignites such a firestorm of sexist hostility against the victim. Even group discussions of rape in the
abstract generally end in high voltage charges against girls' behaviors, not boys'. And discussions of rape prevention
still tend to revolve around how girls should restrict their behaviors, while virtually ignoring
what should be the obvious fact that preventing rape requires that it's boy's behavior that
must change. As such, our social environments are charged against rape victims before they
even come forward. And when a rape victim does come forward, the accused male will usually
has no trouble at all galvanizing that generalized hostility into a crushing attack on the victim.
Unlike victims of any other crime, rape victims are often subject to concerted ostracizing,
disbelief, and blame. Hostilities against the victim quickly gather steam. These hostilities are
frequently bolstered by powerful (male dominated) institutions such as schools, churches,
businesses, families, and authorities. It's not at all unusual for the rapists to be actively
protected by these institutions, while the victims are easily sacrificed and aggressively swept
off the stage. ** No other crime so thoroughly splits the human race in two. On one side, 98%
of rape perpetrators are male. On the other side, 94% of rape victims are women and children.
As such, when looked at squarely, no other crime more clearly exposes the violent nature of
male oppression of females. At least with domestic violence, the sexism that drives the crime
can be camouflaged with a simple shift to gender neutral discussion of violence in general. But
rape cannot so easily be folded into any other human experience. When a rape victim comes
forward in whichever social environment, her mere existence serves to unmask men's violent
domination of females. So there is a rush to drive her and her credibility off the stage. The
dynamic is particularly intense in the most common form of rape, rape perpetrated by
someone known to the victim. Exposing fathers, brothers, male teachers, neighbors, coworkers, and classmates as rapists is more than our male dominated social environments will
tolerate. Rape's raw display of sexism is a big part of the reason why so much energy is
expended to keep rape and its victims hidden and off the human agenda. Even task forces and
committees on violence against women quickly tend to limit their discussions to domestic
violence. And the discussion of domestic violence itself rarely broaches the sexual violence
that is so often a significant element of the domestic violence. The fact is rape is present in
approximately a third of domestic violence cases. Moreover, rape and sexual violence is a key
indicator of domestic violence lethality. Still, three years into the third millennium of
civilization, and the crime of rape remains shrouded in myths, fears, and taboos, all of which
one way or other serve to ostracize the victims and protect the perpetrators. ** And no other
crime cries out more for justice. The outrage of rape to the victim and society goes deeper
than physical violence. Rape violates and degrades the human right to self determination on
the most intimate level. Rape and its aftermath leave such deep psychic wounds on its victims that six months following a
rape 50% of rape victims have lost their jobs and 50% have suffered the break-up of a primary relationship. In a study in the late
1990's, the American Medical Association using a number of life indicators found that rape is the most costly of all crimes, both to
society and the victims. To be sure, a rape victim will need your strong advocacy in many areas of her life. But our focus here is the
criminal justice system. And perhaps no other system fails her more. When you ask women why they don't report rape, many say
they don't believe law enforcement will do anything about it. Unfortunately, to a great extent the women are right. ** Law
enforcement frequently excuses their poor record on rape by themselves attacking the victim. The victims won't cooperate, the
victims were drinking, the victims have credibility problems, the victims drop out of the prosecution. Or law enforcement resorts to
variations of the old dictum that 'rape is a very easy accusation to make, but very difficult to prove'. (This centuries old dictum, by
the way, was only recently removed from California's standard jury instructions in rape cases.) Most rapes, many officials will tell
you, are a "He said, she said" situation and therefore lack the necessary evidence to proceed. Law enforcement officials level this
generalization against rape even though it should be obvious that in all crimes the accused usually contradicts the victim. And while
it's true that rape often lacks the usual kind of physical evidence available in other violent crimes, what officials neglect to mention is
that rape also has many investigatory advantages which other crimes lack. For example, in most rape cases there is no who-done-it.
In most rape cases, the victim can easily identify the perpetrator, and, in fact, knows the perpetrator well. And that victim
knowledge of the perpetrator is an enormous investigatory advantage. Rape can be solved as easily as any other crime, and many
times more easily. It's just that the techniques required to solve rape cases are unique, and require the kind of law enforcement
skills that are unfortunately the skills most ignored or devalued in the law enforcement culture. Successful rape investigation
depends not so much on forensics and physical evidence as it does on the ability of the investigator to communicate and partner
effectively with the victims. It requires a comprehensive insight into the perpetrator and victim dynamics of rape. It requires a very
special understanding and finesse working with severely traumatized young females, since it is females between the ages of 16 and
24 years of age who make up the overwhelming majority of rape victims. Successful rape investigation also requires that officers
have a confidence and comfort with the many languages of sex: an ability to adapt to any culture and age level on the full range of
sexual and reproductive topics from anal sex, oral sex, vaginal sex, menstruation, ejaculation, pregnancy, STD's, and more, and to do
so in a tone that is truly empathetic to the female point of view. As you might imagine, this requirement alone keeps many even well
intentioned officers from being able to handle sex crimes well. On the face of it, given the hyper-male culture of law enforcement,
and the unique and intensely female experience of rape, it's hard to think of a worse match than law enforcement and rape victims.
So many police and prosecutors don't want to do rape cases, are ill-at-ease with these cases, ill-suited and ill-recruited to handle
these cases, and insufficiently trained in rape's unique investigatory techniques. ** One other unique characteristic of rape helps
explain why so few rape cases are prosecuted. No victim is easier to make go away than a rape victim. Instead of protesting system
mistreatment, most rape victims are so mortified and wounded by the additional trauma of being re-victimized by the people who
are supposed to help, they retreat. One of the most maddening scenarios of a rape case is when the victim is mistreated by officials,
the victim understandably retreats from the process, and the officials smugly bellow, "See, how uncooperative these rape victims
are." Clearly, profound, top-to-bottom changes are needed in law enforcement before rape victims routinely receive the justice and
protection that is their constitutional right. In the meantime, you, the rape victim's advocate, are pivotal. Nowhere is the advocate's
role more critical than in rape cases. The simple fact is that very few rape victims will get a proper criminal justice system response
without the help of a vigilant and skillful advocate at her side every step of the way. Because of the unique course of most rape
investigations we begin by outlining a typical rape case police investigation.
We have to control rape culture
Upriser 2014 http://upriser.com/posts/rape-culture-prostitution-and-social-justice
There is a global feminist uprising brewing. It is difficult to dispute one simple fact: our culture,
globally, leaves an overwhelming number of women shattered, broken, abused and destroyed.
Regardless of what we think the causes or solutions are, I believe it is apparent that something must be done. The social media
conversation has grown to a cacophony, and those conversations have been progressing towards a thorough analysis at impressive
speed. Enough people are motivated to act that - given a consensus on how to proceed - a real change in culture appears to be on
the horizon. But what consensus should be reached, and how do we get there? I’ve read a number of articles recently exploring
some proposed solutions for ameliorating the problem. Contrast, for example, these two essays (both culled from social media
conversations): Prostitution and the Reform of the Criminal Code in Brazil: A Debate Sweden's Prostitution Solution: Why Hasn't
Anyone Tried This Before? The former is a debate over whether or not legalized prostitution is right for
Brazil. The latter describes the approach taken in Sweden, and provides empirical evidence in favor of implementing their approach
(humanize sex workers, criminalize those that exploit them) in other jurisdictions.
Underneath the ‘socialism’ rhetoric
that dominates debates about Obama’s health care plan in the US is the (far less often
discussed) question of whether or not access to birth control is a fundamental human right (as, for
example, the UN has claimed). The Catholic lobby has been pushing a narrative wherein birth control
enables the culture of rape and does injustice upon women, whereas many others are claiming
that access to tools that enable reproductive freedom would be a step forward in ending the
Culture of Rape. There are also conversations happening relating birth control access to sustainability (outside the bounds of
human rights) - controlling population growth, reducing crime rates, breaking the cycle of poverty and ensuring that children are
born in circumstances that enable the next generation to do better than the present one. And there are counter-arguments that
compare this position to previous, unpopular eugenics programs. Another
dominant narrative is the idea that
ending the Culture of Rape necessarily requires that we take a hard look at how we raise our
sons, and what we teach young boys about masculinity. The gang rape in Steubenville is alleged to have been
closely tied to the school’s football team, and there is a heated discussion about alleged rapes committed by football players at the
University of Notre Dame. Scandals in the Catholic Church, the Boy Scouts, the Indian Military and the US Military are relevant to this
(and many other) social justice narratives. I’m of the opinion that a call to action for a global protest has a great deal of potential for
serious impact.
Pulling this off would involve consolidating a lot of different movements into a
unified front. How might we impact this process? And how can we aid in driving a conversation that moves
towards a consensus on some mass action? And is there any synergy to be found between the Feminist Uprising and, say, #Occupy,
or #IdleNoMore, or the Labor movement?
Politics
Kick out of Politics No link.
CP
2nc: Conditionality Good
1. KEY TO EDUCATION
a. ONLY CONDITIONALITY ALLOWS SIMULTANEOUS CRITICAL AND POLICY
2.
3.
4.
EVALUATION OF THE PLAN WHICH IS GOOD TO FULLY TEST ACADEMIC
PRESENTATION.
b. TIME PRESSURE GOOD- FORCES THE 2AC TO MAKE INTELLIGENT STRATEGIC
CHOICES.
c. BEST POLICY OPTION- PINNING DOWN THE NEGATIVE IN THE 1NC
FORECLOSES OUR ABILITY TO FULLY TEST THE 1AC.
d. ERR NEGATIVE- INFINITE PREP, AFFIRMATIVE WINS 60% OF ROUNDS, AND
FIRST/LAST SPEECH PROVE IT IS HARD TO BE NEGATIVE.
COUNTER INTERPRETATION- THE NEGATIVE GETS ONLY 1 CONDITIONAL
COUNTERPLAN- THIS CHECKS INFINITE REGRESSION.
REASONABILITY CHECKS- EVEN IF WE LOSE OFFENSIVE VOTERS THEY SHOULD HAVE
TO PROVE THAT CONDITIONALITY IS SUBSTANTIALLY WORSE FOR DEBATE THAN
UNCONDITIONALITY.
REJECT THE ARGUMENT NOT THE TEAM- W E’VE INVESTED TIME ON THE THEORY
DEBATE TOO; THE PUNISHMENT SHOULD FIT THE CRIME.
A2: Perm – Do both
First, the Swedish legislation is not full legalization and it works
Michelle Jeffs – 2013 (J.D. Candidate 2014, BYU Law School, B.S. in English and Political Science, The BYU Journal of Public
Law, “Punishing Pimps and Johns: Sex Trafficking and Utah's Laws,” 2013, Accessed via LexisNexis on 9/2/2014, WSH)
In contrast, in 1999, Sweden
passed legislation that criminalized the purchase of sex but decriminalized
the selling of sex . n71 The government officially stated that prostitution was a form of exploitation of [*229] women and children. n72
Sweden's rationale was that prostitution would exist so long as men buy and sell women and children, and therefore shifting the focus from the sellers
to the buyers would better combat the social ill. n73¶ Under Sweden's "Sex Purchase Law," a
conviction can result in fines or up
to six months in prison, coupled with public embarrassment. n74 In a recent official report analyzing the success of
the law, there were suggestions that these punishments are too lenient and should be doubled. n75 Pimps and brothel keepers are
also prosecuted, but not the actual prostitutes. n76 Under the new law, they are viewed as victims. n77 The report also
indicated that Sweden's approach has dramatically reduced trafficking. n78 The Swedish government estimates that
since 1999, only two hundred to four hundred women and girls have been trafficked annually into
Sweden for prostitution, as opposed to neighboring Finland, which reports fifteen thousand to
seventeen thousand annually. n79 Sweden's success in dealing with the problem has persuaded
other countries to follow suit; laws modeling Sweden's have recently passed in South Korea,
Norway, and Iceland.
Second, at best the perm results in confused legislation that makes prostitution
semi legal and provides traffickers legal safeguards
Donna M. Hughes – 2000. (Chair and Director of Women’s Studies at the University of Rhode Island. She has been involved
in community work, education and research on violence against women and sexual exploitation for fifteen years. Currently, she is
conducting research on trafficking in women into the United States and is a member of the U.S. National Institute of Justice and
Ukrainian Academy of Law Ukrainian-US Research Partnership, where she is researching trafficking in women from Ukraine; Journal
of International Affairs, “The “Natasha” Trade: The Transnational Shadow Market of Trafficking in Women,” 2000, PDF Accessed
8/27/2014, WSH) *note: the green highlighting is in the answer to “Perm – do both” block on the decrim CP – only read the green if
you are not reading that block
Legalized prostitution makes it difficult to hold traffickers accountable for their activities.
Trijntje Kootstra, from La Strada, said that traffickers evade prosecution by claiming the women
knew what they were getting into and that prosecutors generally have a hard time establishing
the line between voluntary and forced prostitution. When prostitution is legal the prosecution’s
case depends¶ on proving that the woman did not consent. Considering how vulnerable the
women are in these slave-like circumstances and that women often do initially consent to traveling
or even being in prostitution, it makes the case much more difficult to prove. According to Michael Platzer, Head of Operations for
the United Nation’s Center for International Crime Prevention, “The
laws help the gangsters. Prostitution is semi-
legal in many places and that makes enforcement tricky. In most cases punishment is very light.” In the Plan of
Action Against Traffic in Women and Forced Prostitution for the Council of Europe, Michele Hirsch stated, “where only forced
prostitution is illegal; inability¶ 94 to prove constraint has repeatedly led to international procurers being acquitted by the courts.
A2: Perm – Do the CP
Perm severs the agent of the plan text - that’s a voting issue because it makes
the plan a moving target and allows the aff to circumvent all neg ground by
altering the plan’s meaning or text - that discourages specific research which
diminishes the quality of rounds
A2: Regulations solve
Sweden has decreased trafficking with its laws – legalizing to regulate doesn’t
solve
A. J. Neilson – 2002. (Australia’s National University Law Journal, “Criminal Behaviour? A Comparison of Prostitution Policy
in Sweden and the Australian Capital Territory,” 2002, https://eview.anu.edu.au/cross-sections/vol7/pdf/ch09.pdf, Accessed
8/29/2014, WSH)
One way in which criminalization legislation has achieved success is in the area of people
trafficking for the purposes of prostitution. Swedish figures from the National Criminal Investigation Department
(NCID) show that there are ‘clear indications that the Law has had direct and positive effects on
trafficking of human beings for sexual services’. Figures show difficulties of organized trafficking
networks establishing large-scale prostitution networks in the country due to increased police
monitoring.25 Australia, unfortunately, has made little progress in securing similar successes to
Sweden, and it must be acknowledged that by its very nature the regulation of prostitution is a
difficult task . The ACT, however, through legally enforced registration of prostitutes creates a significant roadblock for illegal
prostitution activities.
A2: Unenforceable/Underground
Counter plan solves enforcement problems and has had success in other
countries and states
Michelle Jeffs – 2013 (J.D. Candidate 2014, BYU Law School, B.S. in English and Political Science, The BYU Journal of Public
Law, “Punishing Pimps and Johns: Sex Trafficking and Utah's Laws,” 2013, Accessed via LexisNexis on 9/2/2014, WSH)
Some critics suggest that criminalizing the demand side could potentially overtax the c riminal
j ustice s ystem in terms of investigations, prosecutions, and the jails or worse, sex trafficking
could just be driven further underground. While criminalizing the demand side has found success
internationally and in other states, an alternate solution would be to legislate large fines in place of probation or jail
time for those caught purchasing sex. This money could then be used to fund victim advocates and other resources to help women
who have been trafficked. An article in the Boston Globe indicated that legislators in Boston are considering, "increasing maximum
fines for purchasing sex from $ 500 to $ 5,000, setting a minimum fine of $ 1,000, and calling clearly for the use of "john schools', a
one-or two-day first-offender education program." n185 According to the research, these changes would significantly curb demand.
n186¶ Since
research indicates that in addition to sentencing offenders to jail time or probation,
fines and public exposure could also deter the demand side of sex trafficking, Utah lawmakers should
explore the options to determine what would be the most effective means of utilizing Utah's resources to curb demand and thereby
fight sex trafficking. Regardless of whether a fine or jail time is attached, Utah should amend current statutes to unambiguously
make purchasing commercial sex a crime. Additionally, Utah should amend or enact a law to [*247] specifically criminalize
purchasing commercial sex acts with a minor. The penalties attached, whether in jail time or fines, should act as a deterrent against
future demand. Further, investigative efforts in Utah should
mirror the paradigm shift suggested by the FBI,
focusing first on removing the victims providing help for them, and then focusing on investigating
the johns and pimps.
A2: Can’t Model
Sweden’s decriminalized regime has worked wonderfully – it would be a great
model for the U.S.
Michelle Jeffs – 2013 (J.D. Candidate 2014, BYU Law School, B.S. in English and Political Science, The BYU Journal of Public
Law, “Punishing Pimps and Johns: Sex Trafficking and Utah's Laws,” 2013, Accessed via LexisNexis on 9/2/2014, WSH)
A few states have taken such steps. For example, California has gone beyond making prostitution illegal and has criminalized the
purchase of sex acts. n171 Under
the California Penal Code, any person who procures another person
for prostitution is guilty of a felony. n172 The crime is punishable by three, four, or six years in prison. n173 While the
statute is broad and criminalizes acts used to entice or solicit prostitution, it does not criminalize the act of selling
sex. n174¶ Similarly, Illinois has laws that, following federal precedent, could be applied to buyers who obtain a minor for a
commercial sex act. n175 [*245] The statute also includes a means of prosecuting "buyers who use the Internet to solicit minors for
illegal sex acts, which may include trafficking offenses." n176 A
buyer convicted of patronizing a minor is required
to register as a sex offender. n177 In Missouri, state laws can be used to prosecute buyers who cause a minor to engage
in commercial sex acts, and the law provides enhanced penalties for buying sex with minors under 18. n178 Convicted buyers of sex
with minors are required to register as sex offenders. n179¶ However, Missouri has lenient penalties for purchasing sex acts with
minors, carrying a maximum sentence of only one year for purchasing a commercial sex with a minor fifteen to seventeen years of
age, and only four years for purchasing a commercial sex act with a minor under the age of fifteen. n180 Conversely, being convicted
for possession of child pornography carries a maximum sentence of seven years. n181 This oddity demonstrates that even in the
more progressive states, engaging in commercial sex with a minor is still not being punished as harshly across the states as the
federal Trafficking Persons Protection Act suggests it should be. n182¶ In
addition to the examples of other states,
Utah could look to international efforts. Sweden has criminalized the act of purchasing sex while
simultaneously decriminalizing the act of selling it. n183 This [*246] unique approach has been
extraordinarily successful in Sweden n184 and lawmakers here should consider this approach
when amending state laws to better combat sex trafficking. This approach would help ease the
burden on the system by reducing the need to investigate and prosecute the sellers of sex and
permit the resources to be shifted to investigating and prosecuting the buyers. As this approach
has been successful internationally, it could provide a progressive solution to combating
trafficking in the United States as well.¶
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