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  <title>Sienna Baskin and Melissa Ditmore's blog</title>
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  <updated>2008-11-02T15:15:22-05:00</updated>
  <entry>
    <title>SF&#039;s Proposition K: Changing the Landscape for Sex Workers</title>
    <link rel="alternate" type="text/html" href="http://www.rhrealitycheck.org/blog/2008/10/27/san-franciscos-proposition-k-starts-conversation-about-policing-sex-work" />
    <id>http://www.rhrealitycheck.org/blog/2008/10/27/san-franciscos-proposition-k-starts-conversation-about-policing-sex-work</id>
    <published>2008-10-28T09:00:00-04:00</published>
    <updated>2008-11-02T15:15:22-05:00</updated>
    <author>
      <name>Sienna Baskin and Melissa Ditmore</name>
    </author>
    <category term="Leading Voices" />
    <category term="Election 2008" />
    <category term="Sexuality Education" />
    <category term="Women’s Rights" />
    <category term="policing" />
    <category term="Proposition K" />
    <category term="Prostitution" />
    <category term="San Francisco" />
    <category term="sex work" />
    <category term="sex workers" />
    <category term="sex workers&#039; rights" />
    <summary type="html"><![CDATA[Proposition K, San Francisco's measure to prohibit the use of public funds to enforce laws criminalizing prostitution, would change the landscape for sex workers in the city in critical ways.    ]]></summary>
    <content type="html"><![CDATA[<p>
Next week, San Francisco voters 
will vote on <a href="http://www.smartvoter.org/2008/11/04/ca/sf/meas/K/">Proposition K</a>, which would prohibit the use 
of public funds to enforce laws criminalizing prostitution, and mandate 
that police investigate crimes against sex workers.  The passage 
of Proposition K would change the landscape for sex workers in San Francisco 
in critical ways.  
</p>
<p>
First, by removing police officers' 
power to arrest sex workers, it would reduce sex workers' vulnerability 
to all of the abuses of that power sex workers currently experience: 
police profiling and harassment, sexual harassment and assault, rape, 
and extortion of sexual favors under threat of arrest by police officers, 
and entrapment.  
</p>
<p>
Second, as a public statement 
that sex workers deserve the same protection from violence as any other 
person, it would reduce sex workers' vulnerability to violence at 
the hands of community members, employers, clients, partners and family 
members.  If this proposition is passed and enforced, not only 
would sex workers' vulnerability to police violence be decreased, 
but people who do sex work or trade sex for survival needs would also 
be less likely to have to take greater risks to avoid police attention, 
and would no longer be forced to run the risk of arrest when trying 
to report a violent crime committed against them. <br />
</p>
<p>
The assumption that criminalizing 
prostitution reduces its prevalence, or even more absurdly, helps those 
engaged in the sex trade, is fundamentally flawed. Prostitution arrests 
help no one, especially not the people arrested. Not only is arrest 
itself traumatic and often violent, it drives sex workers into a broken 
criminal justice system and comes with a host of collateral consequences. 
Sex workers who have been arrested may face the loss of their mainstream 
jobs, adverse impacts on their immigration status, eviction from their 
homes, or even problems retaining custody of their children. All of 
these factors may force them to return to the trade, if only to be able 
to pay fines and legal costs, or because their criminal record precludes 
them from securing other employment. Most people, when asked why they 
engage in sex work, cite <em>money</em> as the reason. Criminalization 
and arrests do nothing to address the lack of living wage alternatives 
to prostitution, which should be the real goal of anyone seeking to 
reduce its prevalence. In fact, criminalization is expensive, both for 
those arrested and for the city. One thing about Proposition K is that 
it gets right to the heart of the matter — the pocketbook — by prohibiting 
use of public funds to enforce laws against prostitution, it diverts 
money away from criminalizing and arresting sex workers and makes it 
available for more effective efforts to keep everyone safe and secure. 
These are compelling reasons, but the most compelling reason to stop 
arresting sex workers is to decrease their vulnerability to violence. <br />
</p>
<p>
&quot;<a href="http://www.sexworkersproject.org/publications/RevolvingDoor.html">Revolving Door</a>,&quot; 
a report from the <a href="http://www.sexworkersproject.org">Sex Workers Project</a> (SWP), found that 27% of New York City street-based 
sex workers interviewed had been subjected to police brutality. In &quot;<a href="http://www.sexworkersproject.org/publications/BehindClosedDoors.html">Behind 
Closed Doors</a>,&quot; the second report released by the SWP, 14% reported violence at the 
hands of the police. Sex workers described being thrown on the ground 
and stepped on, having food thrown at them, and being kicked hard enough 
to require a hospital visit. One sex worker interviewed for a <a href="http://www.sexworkersproject.org/downloads/SWPOutreach2005FS.pdf">2005 update 
to Revolving Door</a> described a police officer who routinely 
threatened sex workers with violence, telling them: &quot;You are not going 
to jail tonight, you are going to the hospital.&quot;  
</p>
<p>
These patterns are not isolated 
to New York:  A <a href="http://www.differentavenues.org/MoveAlongReport.pdf">2007 D.C. study</a> by community organization Different Avenues found that one in five 
actual or perceived sex workers surveyed who had been approached by 
police indicated that officers asked them for sex. Most indicated that 
this had been a negative or humiliating experience. A <a href="http://impactresearch.org/documents/sistersspeakout.pdf">2002 Chicago study</a> found that 30% of exotic dancers 
and 24% of street-based sex workers interviewed who had been raped 
identified a police officer as the rapist. Approximately 20% of other 
acts of sexual violence reported by study participants were committed 
by the police. It is clear that giving police the power to arrest sex 
workers increases, not decreases, their risk of sexual violence. <br />
</p>
<p>
Police harassment and police 
violence against sex workers let others know that if they prey on sex 
workers, they are unlikely to be apprehended. Indeed, sex workers routinely 
report that they cannot count on police to protect them.  One sex 
worker quoted in &quot;Revolving Door&quot; described her efforts to report violent 
crimes to the police. &quot;If I call them, they don't come. If I have 
a situation in the street, forget it. 'Nobody told you to be in the 
street.' After a girl was gang raped, they said 'Forget it, she works 
in the street.'&quot; In Behind Closed Doors, 46% of the sex workers 
interviewed had experienced violence in the course of their work, and 
42% had been threatened or beaten for being a sex worker. Sara, a respondent 
in the report, describes a client &quot;who came in and had a knife... 
I was cornered and I was about to be attacked and raped... I didn't 
go to the police because it would be coming out about what I've been 
doing.&quot; These types of experiences are heightened for transgender 
women who are or are perceived to be in the sex trades, who experience 
additional discrimination and abuse by law enforcement officers based 
on their gender-nonconformity.  
</p>
<p>
Current law enforcement 
efforts to police sex work have failed to eliminate prostitution. In 
fact, sex workers who are arrested are <em>more</em> likely to keep engaging 
in sex work in order to pay legal costs and because they are precluded 
from engaging in other employment by their criminal records. In other 
words, it is a largely ineffective use of public funds. Moreover, arrests 
increase, rather than decrease, sex workers' vulnerability to police 
and interpersonal violence alike, making them largely ineffective in 
&quot;protecting&quot; sex workers and trafficked persons from violence and 
abuse. 
</p>
<p>
As pointed out by Proposition K, existing laws against assault, 
battery, kidnapping, forced labor, rape and sexual assault can and should 
be used to address violence against sex workers and trafficked persons 
without criminalizing sex workers and subjecting them to the violence 
of law enforcement. Suddenly, Proposition K starts to make fiscal and 
social sense rather than seem like a far-fetched idea. <br />
</p>
<p>
Prostitution arrests make up 
only a small number of the charges brought against people involved in 
informal sexual economies. Sex workers in San Francisco are also charged 
with solicitation, loitering, and &quot;nuisance&quot; offenses, and could 
also be vulnerable to more serious criminal charges, including promoting 
prostitution. This means that Proposition K will not entirely eliminate 
sex workers' vulnerability to arrest or to police and interpersonal 
violence. However, the passage of Proposition K would be a critical 
first step toward reducing sex workers' vulnerability to violence 
in San Francisco. 
</p>
<p>
Next steps must address the arbitrary use of vaguely 
worded &quot;quality of life&quot; offenses and other crimes to accomplish 
the same result. And, most importantly, we must do the deeper work of 
changing the cultural perceptions of sex workers while increasing economic 
opportunity for everyone. All members of our society are deserving of 
human rights and a life free of violence.   
</p>    ]]></content>
  </entry>
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