RH Reality Check
Font Size: A |  A |  A

Jamaican Health Official Calls for Sex Work Decriminalization

Danielle Toppin's picture

When I was a teenager, some of my male friends (with me in tow) would, on occasion, drive through the dark streets around Barbados' horseracing track in search of prostitutes. For us it was a joke to drive by these women and try to see their faces. I don't think that at any point I ever saw those women as human, but rather as mythical figures that represented the ultimate taboo. The silhouettes of these unknown women standing on the side of the streets and looking defiantly at a group of obviously bored teenagers was like our venture into an unknown and highly forbidden world, a world that I personally found both captivating and scary all at once.

For many people, prostitution still maintains that almost-mythical status, a practice that many see as the ultimate representation of the under-bellies of our societies. Despite the pervasive nature of commercial sex work , which is commonly referred to as "the oldest profession in the world," the pracitce typically remains hidden. As with most hidden acts, in particular those of a sexual nature, attempts to bring them to light are met with vehement opposition from moralists, who fear the impact that such exposures will have on already "decaying" societies.

We saw this dynamic play out recently in Jamaica, following the assertion by Dr. Keith Harvey, a senior public health official, in the Government that prostitution should be decriminalized, and further, that commercial sex workers should be taxed as a means of generating income to promote sexual health care.

As expected, the suggestion that the taxation of sex workers could provide much-needed funds to support education and rehabilitation programs to improve the sexual health of vulnerable groups, such as sex workers themselves, has been met with strong opposition. Responding to the proposal, leader of the Opposition Party, the People's National Party (PNP) Portia Simpson-Miller forcefully stated that sex workers need more skills training opportunities, calling on the government to invest its energy in this area rather than in the decriminalization and regulation of sex work.

Similarly, the Jamaican Prime Minister, Bruce Golding, has openly condemned the statement made by Dr. Harvey, assuring the public that his government has no such intentions. Golding also went a step further to warn that in the future, public officials can face serious sanctions if they make public statements that run "counter to Government policy."

The suggested decriminalization of commercial sex work was proposed as a viable form of regulating the now-unofficial industry, potentially bringing in approximately up to JMD 3 billion (approximately USD 428 million) annually. These much needed resources could then be used to educate sex workers about effective condom use, and also towards the facilitation of a safer, regulated sex work environment, thereby reducing the transmission of HIV and other STIs within this vulnerable group.

This comes against the backdrop of a political and policy environment in which there has typically been "little support...for messages of intervention dealing with risk reduction and increased access to treatment and care targeted at certain at risk groups, among them sexually active minors, men who have sex with men, incarcerated men, commercial sex workers and those in places where other forms of transactional sex are practiced."

The absence of an enabling environment has translated into inefficient support to make substantial changes in protecting the rights and lives of those who fall within these groups.

Admittedly, Jamaica, with its strong presence of a vocal fundamentalist Christian society, is not a country in which I can see the legalization of sex work happening without a fight. However, with research showing that (i) one in every four HIV-positive poersons reported having had sex with a sex worker at some point, and (ii) that the rate of infection in the sex industry is three times that of the general population; it would be remiss of us as a society to ignore the urgent health care challenges that the lack of regulation presents.

It is one thing to criticize the suggestion to decriminalize and regulate the commercial sex work industry, but the lack of strong alternative solutions to protect the lives of this vulnerable group becomes a glaring shortfall in the arguments put forward by moralistic factions. If not regulation, then what? The recent debate has highlighted the need for wide-scale consultations that will address alternatives. We cannot stand on moral principles alone. Let's face it; such approaches have not typically had a strong history of success in protecting the lives and liberties of vulnerable groups, who by their very existence challenge the status quo.

. . . . .
4 comments

While I don't live in Jamaica nor have I ever visited, this discussion comes up regularly across the globe and in American where I do live. As a prostitute, I must respectfully disagree with the above assessment and here are my reasons why.


While prostitutes in Jamaica may experience a higher rate of STD infections, this does not hold true in all countries, particularly among many so-called First World nations. In more developed nations where prostitution has become more "sophisticated" over time, condoms are regularly used and STD rates may be lower than among the general population.


My major concern is with formalizing the idea that it's all right for governments and the public to exploit prostitutes further. By leveraging taxes and effectively controlling prostitution, have we created a system any different than sanctioned sexual slavery? Is this really our best bet for reducing the exploitation that's currently run amok? To me it seems little more than transference where the State and public now have a vested interested in promoting prostitution as a means of generating tax revenue.


This is truly scary, from one prostitute's perspective anyway. Not because I'm opposed to paying taxes (I do) or because I think that public campaigns for STD prevention are irrelevant (they certainly are sorely-needed for ALL groups of people), but because I don't trust the State in ANY country to focus near enough attention on the interests of the sex workers themselves and see much room for potential abuses. Prostitution can be difficult enough without additional hassles and constraints levied on the prostitutes.


Besides this, the system seems unfairly biased. Female prostitutes may come into this line of work for a variety of reasons and from all walks of life, but most who do so aren't rolling in dough. The clients are the ones with expendable income and who create the demand. Policies for legalizing prostitution always focus their attention on depriving the sex workers of their income through taxation while saying little if nothing about the male clientèle who are the ones financially capable of shouldering this additional tax burden. But is there a way to tax the clients without regulating the industry? Not to my knowledge.


Another concern is the poor conditions typically offered in brothels where many legalization advocates say prostituted women ought to work. In Nevada brothels, prostitutes are often required to sign a contract with the agreement that they will not leave the premises during the contracted period. This can be weeks or months. By keeping the women on premise, the brothel is in the unique position of gouging prices for goods and services that must be delivered. They also have been known to charge high rents, effectively creating a situation where the women owe debts to the House. Also, without freedom to come and go, the prostitute's finances are often handled by people on the outside whether that be a husband, boyfriend, or family member, which strips the woman further of her financial freedom and independence. This setup has been abused plenty already and there's little reason for me to think that the government's involvement would improve matters.


And finally, it seems to me that our public understanding of what actually constitutes prostitution remains severely ignorant. How does one go about regulating something of this nature? How do we police the private lives of our citizens to ensure they aren't accepting money in exchange for sexual behaviors, and where do the lines blur? Policing efforts have only been marginally successful thus far in rooting out prostitutes, so why should we assume this will improve? If policing improvements are possible, in what ways will they violate our collective right to privacy? It's not as if all prostitutes are standing on a corner somewhere, advertising their status.


Prostitution is a much more complicated matter than we give it credit. I do agree with the author that programs do need to be established to encourage condom use and STD testing simply for the sake of general public health. Perhaps a grassroots effort could accomplish much of the necessary training, though that would involve us as individuals choosing to interact with prostitutes, which I personally am in favor of. It would help if the public actually knew the people they claim to be trying to help. But legalization for the purposes of taxation and regulation is not something I personally can support.

Submitted by AM on July 8, 2008 - 5:43am.

Please excuse the typos in the previous post. I thought I had caught them all.


The author states:

Let's face it; such approaches have not typically had a strong history of success in protecting the lives and liberties of vulnerable groups, who by their very existence challenge the status quo.



Exactly my point. So we do agree more than my previous post implied.


As for alternative approaches...I've been wondering about this one for years. I used to be in the Decriminalization camp but after years of experience in this industry have had to abandon that position. You too may find it to be quite unpopular among prostitutes. The only approach likely to be effective is providing public education on these matters, not just on prostitution per se but also on gender relations, power and corruption, and encouraging critical thinking in terms of social, economic and political hierarchies that we all are born into. In other words, prostitution isn't the real problem but instead a persistent symptom born out of deep-rooted inequality within a patriarchal social system. I've come to believe there isn't any other way to combat the negative effects of prostitution without giving serious consideration to the social underpinnings that perpetuate the demand throughout the ages.


The problem isn't merely sex, and it isn't money and commerce. I'd say the problem is directly related to corrupted power and a lack of respect for the roles of women in all societies. That sounds so simplistic but I would argue that it's anything but. These concepts are interrelated with virtually all of our social ills, deserving more in-depth exploration from all members of the general public rather than remaining reserved for theoretical discussions among academics.

Submitted by AM on July 8, 2008 - 6:13am.

Dear AM,

Decriminalization of Sex Work comes before anything else, no matter what. Sex Workers are real people, not academic subjects.

Submitted by Anonymous on July 13, 2008 - 11:39pm.

I was offering my opinion as a sex worker who's worked in this industry for over 5 years, not someone pushing the notion that sex workers are "academic subjects." Your brash statement could have been avoided had you actually read what I posted.


You're talking about deciding policy for prostituted people, so I thought this discussion was open to opinions from prostitutes who do have given serious thought to issue of decrimalization.


Would I like to see prostitution decriminalized? Sure, but unfortunately as conditions stand, there are drawbacks to going that route, namely the threat of too much government intervention to where people wind up in more repressive conditions. Because we are people and deserve not to be treated (in our persons) as just another commodity is the reason I'm torn on the subject.


When the public attempts to decide for a minority whether safety should take precedence over their personal freedom and autonomy, things tend to get out of hand in a hurry. Safety matters, but it's not the only, or even necessarily the most important, factor we take into consideration. It's an individual matter, hence why the development of any proposed solutions ought to involve the voices of the people its intended to help. For some prostitutes, freedom to choose for ourselves is preferred over state protection, especially since it tends to be a tradeoff. I'm just saying that before jumping to hasty decisions, in Jamaica or wherever else, it makes sense to ask the prostitutes about what measures they'd like to see taken instead of automatically assuming decriminalization (or rather, legalization since it's unlikely to ever be decriminalized) is the special clearance we unanimously seek.

Submitted by AM on August 6, 2008 - 5:27am.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <iframe> <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <p> <h2> <h3> <h4> <br> <img> <blockquote> <b> <i> <span> <div> <center> <strike> <del>
  • Images can be added to this post.
  • Lines and paragraphs break automatically.
  • Glossary terms will be automatically marked with links to their descriptions.

More information about formatting options

CAPTCHA
Are you human?
Image CAPTCHA
Copy the characters (respecting upper/lower case) from the image.