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Prostitution: Legalized to the Limit?

Kelsey Haywood Posted on October 25, 2010

The world’s oldest trade.  Prostitution.  The debate continues as to what level of prostitution should be legal, for what purposes, and the consequences that come from it.  This may come as a surprise to some, but there has never been a time where the “buying and selling of sexual services” was illegal in Canada.

It is the fine limits and provisions put into practice within Canada’s criminal code dealing  with prostitution that makes some overlook the realism of prostitution being legal.

Until the past month,

  1. Buying and selling of sexual services

Has been LEGAL.

What has not been, has been sex workers

  1. being in public during their sexual activities (this includes  being in a car)
  2. soliciting in public
  3. being a part of a bawdy house
  4. solely living off of the sex trade

And furthermore, the reality is, their complaints have never been handled seriously through the police force.

On September 28th, Toronto’s Judge Himel, of Ontario’s Superior Court of Justice, wrote up a 131 page ruling that states in every way how the laws that we currently have in Canada are endangering sex workers safety.

“These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms”.

Sex workers are not able to be in a bawdy house in which security, screening of clients and a watchful eye would be around them throughout their jobs.  Their service has been forced to taking place in shady, dangerous, locations in which workers are being beaten, kidnapped, raped, or killed.

“By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance,” she said. “I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public.”

Sex workers has been restricted to such limitations to protect the citizens from being involved in their business, keeping children out of hindsight of this business, and to keep the streets safe.  However, with the right to security for every citizen in Canada, we have taken away the rights of safety in the workplace for sex workers.

In the changes that Judge Himel wishes to be made to the Canadian laws of prostitution, creating safer places for women, there is still a 30 day stay on the decision.  This is giving the public and those within the legal system a chance to state their opinions and refuse these provisions.

Opinions from The public:

This is very easy:

1. Parliament should approve exactly the request of the Judge with the following conditions:

a. Tax packages for whatever package is bought
b. Legal names of the Johns visiting
c. Requirement for any John buying the service for STD checks
d. The Johns medical doctor must be informed of the visits directly from the Bawdy house, otherwise licence must be revoked
e. Since government is liable for allowing the service, the spouse of all Johns must be notified of the visits to disclaim an event of STD transmission to spouse
f. The medical premium of all Johns MUST be increased
g. The Bawdy house must be placed in the middle of the city where every eye can see who goes in and comes out.
h. Any prostitute found using a non govt approved location (like residential home) for the service must get a jail time.
i. Mandatory STD checks for all Prostitutes

“It’s about time!!! These ladies of ‘the game’ can finally do their thing without being worried about getting a criminal record for just being human! There are two sexes for more than just populating the planet! We all know our world is already overpopulated. Sex is proven to relieve stress and for most folks is enjoyable. We are in a severe economic time in our countries history. Most women involved in ‘the game’ are just trying to make a buck with a buck!  Now we can regulate the trade by making std checks mandatory on a regular basis, and to the governments delight, be made taxable for both the ‘John, and his ‘date.”

“Prostitution is morally no different then what gold diggers do marrying rich guys for their money”

“You have to ask yourself why some people believe the act of sex is something sacred. If you remove the taboo implications around sex, usually imposed by religious folk, prostitution is simply giving of yourself to someone else for money. What is any different between that and busting your ass for a company 40+ hours a week for minimum wage? Or devoting yourself to a company for years, only to get the shaft cause some executive decided to save the shareholders 5 cents a share? Or working for a company for 40+ years and finding out that that pension and/or healthcare they promised you when you were hired is dried up?  If you remove the connotations around sex, we are all prostitutes and the companies we work for the Johns. Only difference is, the prostitutes are smart and actually get a fair pay for their time and there is no delusion up front, they know they are going to get screwed in the end.”

To read more on the issue, check out the Toronto Life article, Wikipedia on the whole court case, and Freakonomics blog post.

[Ed. - what's your opinion on the matter? Should we legalize it?  Should we make it illegal?  Are we endangering out health care systems? Leave your comments below!]

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