San Francisco Considers Decriminalizing Prostitution

Published October 24, 2008 @ 05:42AM PT

On November 4, San Francisco voters will consider Proposition K - a ballot measure on decriminalizing of prostitution in the city. While prostitution would remain illegal in the state, the ballot measure would stop San Francisco law enforcement officers and prosecutors from arresting and prosecuting people for selling sex. Last year, city police officers made 1,583 prostitution arrests, but 95 percent of those arrests resulted in fines and diversion programs.

The move would make San Francisco the first major city to legalize prostitution in the U.S. (contrary to popular belief, it is illegal in Las Vegas, but legal in smaller Nevada counties). The proposed change has polarized the city - opponents say it make San Francisco a mecca for Johns and increase human trafficking problems and violence against prostitutes. The city's democratic party and the local chapter of the National Lawyers Guild support the initiative, saying it would allow prostitutes to organize, and would support their health and safety by allowing them to more freely access support networks, health services and law enforcement protection. Proponents also say it would free up $11 million in the police budget to focus on more pressing matters.

But the city's police chief and district attorney are against the measure (and not only - it seems - because they would lose business), as is the San Francisco Examiner. Police Capt. Al Pardini said the passage of Prop. K would harm victims of trafficking by further isolating them from police.

If the proposal passes, "we wouldn't be able to investigate prostitution, and it's going to be pretty difficult for us to locate these folks who are victims of trafficking otherwise," said Capt. Al Pardini, head of the police department's vice unit. "It's pretty rare that we get a call that says: 'I'm a victim of human trafficking' or 'I suspect human trafficking in my neighborhood.'"

Only in recent years have police departments finally begun to view victims of human trafficking - and many others working in sex trades - as the victims they often are. I don't think punishing prostitutes with jail or fines is doing much to help the problem, so on that level I would support Prop. K. But I think Pardini points to a serious problem with the measure. About 15,000 people are trafficked into the U.S. each year - most of them for the sex trade. The federal resources are spread thin, and it takes an ambitious local police force to investigate the international rings that run the nefarious world of human trafficking. By legalizing prostitution, San Francisco would certainly run the risk of attracting more traffickers, and police might be less-equipped to assist the victims.

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This is such a no-brainer... of course it needs to be decriminalized. The oldest profession in the world... and they still have no rights. Prostitution wouldn't exist if there wasn't a demand, right? Allow these women to manage themselves, their bodies, and their money... and it will keep the pervs from peeping in my window. :) Why would they peep, when they can get the real thing?

Posted by Heather Mansfield on 10/24/2008 @ 12:48PM PT
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I think you're right, Heather, and I think decriminalization would bring some level of regulation and organization to the trade that will exist whether it's legal or not. I support it for those reasons, and I would vote for it if I lived in SF, but deep down, I don't feel 100% comfortable with it.

What about those people who don't manage themselves, the prostitutes who are trafficked and/or exploited? If the demand were to expand dramatically in the SF, wouldn't trafficking, violence and exploitation expand too?

It's like decriminalizing drugs in some ways, I think. If you don't control the industry from top to bottom, there will still be ugliness in the supply chain. The decriminalization of prostitution would make life easier for Johns, who are usually pretty well-off. And it would help established, independent prostitutes make a living more safely if that is their choice, but it may also create more demand for human trafficking. And that would be a tragedy.

Posted by Matt Kelley on 10/24/2008 @ 03:13PM PT
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Some call it the oldest profession. Others call it the oldest oppression. Slavery has been around since the beginning of time. Does that mean we should figure out a way to make it legal and make money off of it?

Posted by Kristie Miller on 10/25/2008 @ 06:16PM PT
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It is very important for San Francisco voters to read the actual text of proposition K. Not many would argue that prostitutes should not be arrested for prostitution, but that is NOT what prop K says. Prop K says the city “shall stop enforcing laws against prostitution.” That goes FAR BEYOND consensual adults exchanging money for sex. “Prostitution” includes all aspects including pimping, pandering, human trafficking, etc.
Also, prop K will ’stop funding anti-prostitution programs.’ What are ‘anti-prostitution programs’ you ask? Well, they are social service programs that help women and girls to escape prostitution and obtain safe housing, vocational training, trauma and addiction recovery services, and mentorship opportunities. Why would a caring and compassionate person want to deny women and girls of these life-changing services?

Posted by Kristie Miller on 10/25/2008 @ 06:17PM PT
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As Siddharth Kara said in his talk at Harvard yesterday on Sex Trafficking: Legalizing prostitution is a boon for sex traffickers, because slave owners can use beatings and coercion to make a slave say she performs commercial sex acts voluntarily. As soon as she claims she is not a slave, all police inquiry about her status must stop.
Slave owners in India and Eastern Europe know to test their slaves by staging a visit from a fake anti-trafficking advocate or journalist, who shows up at the brothel and supposedly offers them help and escape. Slaves who pass the test are rewarded, those who divulge the truth to the planed journalist or social worker are severely punished.

Posted by Catherine Caldwell-Ha... on 02/06/2009 @ 10:57PM PT
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Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.