Forced or free – the issue of consent and compliance

4.

P ROSTITUTION AS SO CALLED

FREE

CHOICE

 Women and girls do sometimes appear to enter into prostitution ‘voluntarily’.

Consent, in the majority of cases, is linked to earlier traumatic sexual and or emotional abuse.

The significance of that voluntariness or choice is dubious, it is most often a choice between severely limited options.

Prostitution is more a question of exploitation than coercion, of compliance rather than consent.

The real issue regarding choice is why so many men choose to buy women and children in prostitution.

 Prostitution promotes customers’ choice and not women’s choices and rights.

 Distinctions between forced and free are dangerous – they can be used to make some forms of prostitution more acceptable and legitimate, thereby legitimating and normalising the exploitation of the sex industry.

Challenging the operation and marketing of the sex industry is part of the political battle for women’s rights to choose and find sustainable work.

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4.

P ROSTITUTION AS A CHOICE

‘Except for a small minority of people, prostitution is not a positive career choice like deciding to become a brain surgeon, or an aromatherapist, but a condition either forced upon individuals by third parties or selected as the best of a bunch of bad option s’.

1

The reality is that women and girls do sometimes report entering prostitution voluntarily.

However, whether that voluntariness has any significance is dubious, given the powerful social forces of poverty violence and inequality that constrain this choice. For many, if not most women, their so-called choice is preceded by and conditioned on earlier traumatic abuse and an interplay of personal and economic factors. Factors such as childhood sexual, physical and emotional abuse, lack of resources, drug addiction, low self-worth, manipulation and sometimes coercion all combine to make the question of free choice almost meaningless. (see paper 6 prostitution as a systemic issue) The question of consent or choice needs to be framed, not only in terms of the degree of freedom involved, but also in terms of the range of choices open to a particular individual i.e. a choice between what options. Further, the harsh experience of many women is that they do not realize how hard it is to leave until it is too late .

2

Consent to be exploited

The very raising of the question of consent, or drawing a distinction between forced and free, can serve the sex industry. The question itself can function to legitimize and dignify the sex industry and to trivialize the harm inherent in the trade in sexual exploitation. The key question is whether someone can freely consent to be exploited. If one accepts the premise that prostitution is part of an exploitative sex industry, freedom is meaningless in this context. The real issue for focus is that of exploitation, not coercion or force. Barry

(1995) points out that if we consider sexual exploitation only in terms of force – as violation of consent and physical violence, the industrial and social saturation of sexual exploitation is obscured. ‘Harm to its victims is rendered invisible and treated as non-existent’.

3 ,

Further, as Hynes and Raymond argue, we miss the systemic nature and global enormity

1 O’Connell Davidson, J., (1998) p.198

2 Lawless, K., and Wayne, A., (2005), Ruhama Report ‘The Next Step Initiative’ Chapter 6. ‘Choice and the

Absence of Alternatives’, Dublin: Ruhama also see Mansson, S.A. & Hedin, U.C. (1999)

3 Barry, K.(1996) p.101.

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of the global industry that propels women and children into prostitution when we examine it as an individual act or choice.

4

Compliance is not consent

‘The minimum conditions for sexual consent are in sex that is a human experience of personal dignity and one that is enjoyed with respect and pleasure’ 5

Insisting that to enter or remain in prostitution is not a rational choice, CATW (the Coalition

Against Trafficking in Women ) 6 draws a distinction between compliance and consent.

Women in prostitution comply with customers’ demands. Rather than ask why, or if, women choose prostitution, attention needs to be focused on why so many men choose to buy women and children in prostitution. While women in prostitution do comply with demands, in fact it is the user’s choices that are promoted in prostitution. Clients are only too happy to believe that women become involved in prostitution by choice or because they like it and not out of need, as is shown by all the investigations. (see paper 3 on the users) The illusion of choice and desire is part of the ‘contract’.

Prostitution as ‘work’

There is a growing call for the legalisation of prostitution, from a variety of. Some operate from genuine concern for the welfare of women. The unexamined assumption is that if prostitution can be constructed as work it will thereby lessen the threats of harm and stigmatization. Others making this argument, however, are promoters of the sex trade, who are in effect pimps, procurers and traffickers.

Sex work and sex worker are part of a terminology and rhetoric used by those who seek to normalize prostitution. They promise that women in prostitution will achieve respect when prostitution itself is accepted as normal legitimate activity. It argues that prostitution is ordinary work, a legitimate form of work for women and a valid form of female economic empowerment. It presents prostitution as a job like any other, using traditionally female, low-paying service jobs as comparisons.

It is argued that the more ‘professional’ the sex worker the more care she will take of herself.

4 Hynes and Raymond (2002) p.223

5 Barry (1995) p.68

6 Raymond, J.,(1995), p.7

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Prostitution as a right

Another pro-prostitution position presents prostitution as a right. It is proposed that instead of seeing prostitution as a human rights violation, the assumption should be that prostitution is a human right, a right of a woman to do what she wants with her body.

7

(paper 5 on prostitution as a violation of human rights)

This position has been advanced in international fora such as Beijing by drawing distinctions between forced and free, adult and child, third world and first world and between prostitution and trafficking. These distinctions are used then to make some forms of prostitution acceptable and legitimate. They seek to reframe the harm that is done to women in prostitution into a consenting act and to exclude prostitution from the category of violence against women. Ultimately, these arguments allow the sex industry to thrive as they lessen society’s resistance to the sexual exploitation of women. The irony is that coming from some human rights activists and some feminists it gives the sex industry more dignity than it has ever had or could get anyplace else. They ratify prostitution as simply another form of work; a way of making a living, but for most women and children in prostitution, its not living it is barely surviving.

8

Prostitution is not work but exploitation

Inconsistencies abound in the arguments above. It is argued that prostitution is a human right yet there is agreement, right across the spectrum of ideological stances about the need to support those women who wish to exit this work. This does not exist in any other area of work. If prostitution is a right there is no need to encourage and support people to find an alternative. However, because of the abusive nature and damage of prostitution, it is immensely difficult, and often impossible, for many women to breakaway from that life and immense resources are needed to support the move.

If prostitution is ordinary work we should be able to speak about what the skills of prostitution are. According to WHISPER (organisation of women who have survived prostitution) such skills would include: performing sex acts, feigning sexual enjoyment, enduring all manner of bodily violation, and allowing your body to be used in any

7 Raymond, J., (1998)

8 Raymond , J., (1998)

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imaginable way by another person.

9 Such acts are labelled harassment and abuse when money does not change hands. Prostitution is not recommended as a career option to young girls. It is not promoted as a career by guidance counsellors and parents. Work experience at brothels is not recommended, unemployed people are not asked to work in prostitution. The actual reality, which the sex industry tries to obscure, is that those with the power, and personal agency, to do so would not choose prostitution as a way of life.

Prostitution is not inevitable

To adopt the language of sex work and sex workers is to concede that there will always be women for whom there is no other option. It is to surrender the political battle for women’s rights to sustainable work, and to tolerate women’s bodies being increasingly bought for sex and used as m erchandise in the marketplace.’ 10 As Barry argues, ‘the alternative to desperate conditions is not to validate them’.

11 The reality is that the sex industry exploits women from the most oppressed and vulnerable groups in society. The women involved are economically and racially marginalized and become ensnared in the sex trade because of the lack of viable, reasonable alternatives.

Those with the fewest alternatives are least able to exit prostitution once involved. Effecting change for women ensnared in, and at risk of, prostitution requires a multi-layered, determined and targeted approach involving measures such as:

research into the extent and nature of the sex trade

research into the demand by men for women in prostitution

public education about the harm and the intrinsic violence of prostitution

support programs for exit for those who want them

analysing and addressing the social conditions that drive women into prostitution

research into the legal measures necessary to protect women and effect cultural change e.g. the Swedish Law prohibiting the purchase of sexual services 12

treatment to deal with the resultant trauma and the preceding abuse and neglect

drug and alcohol addiction treatment and health care

support (extending to asylum) and job training for those who wish to exit prostitution.

9 Giobbe, E., (WHISPER) (1990)

10 Hynes and Raymond (2002) p.223.

11 Barry (1995) p.299

12 ‘The Swedish Law That Prohibits the Purchase of Sexual Services’ www.sweden.gov.se

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Sources and further reading:

Barry, K. (1995) The Prostitution of Sexuality: The Global Exploitation of Women . New

York: New York University Press

Barry, K., (1996) ‘The Prostitution of Sexuality: A Cause for New International Human

Rights’ in Hayes, A., Lyons, A., Shaughnessy L., (eds) Review , Vol 4. Galway:UCG

Women’s Studies Centre.

Giobbe, E., (1990) ‘Confronting the Liberal Lies About Prostitution’, in Leidhold, D., &

Raymond, J., (eds) Sexual Liberals and the Attack on Feminism.

New York: Pergamon

Press and WHISPER at www.prostitutionresearch.com

Hynes, P., & Raymond, J., (2002), ‘Put in Harms Way: The Neglected Consequences of

Sex Trafficking in The U nited States’, in Silliman, J. & Bhattacharjee, A., (eds) Policing the

National Body:Sex, Race and Criminalisation . Cambridge, Massachusetts: South End

Press

Lawless, K., and Wayne, A., (2005), for TSA Consultancy and Ruhama. The Next Step

Initiative : Research Report on the Barriers affecting Women in Prostitution . Dublin:

Ruhama

Mansson, S.A. and Hedin U.C.(1999) ‘Breaking the Matthew Effect – on women leaving prostitution’ in International Journal of Social Welfare , 8, at 67-77

O’Connell Davidson, J., (1998) Prostitution, Power and Freedom.

Ann Arbour: The

University of Michigan.

Raymond, J., (1995) Report to the Special Rapporteur on Violence against Women .

Geneva:United Nations

Raymond, Janice, (1998) ‘Prostitution as Violence against women: NGO stonewalling in

Beijing and elsewhere’, www.catwinternational.org

Web sites:

www.catwinternational.org

www.sweden.gov.se

www.prostitutionresearch.com

www.uri/edu/artsci/wms/hughes

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