Feminism and Prostitution Diversion: Where is the Justice?

Transcription

1 Feminism and Prostitution Diversion: Where is the Justice? Marie Bailey-Kloch, MSW, LCSW-C Doctoral Candidate University of Maryland School of Social Work 2015 NOFSW Conference August 21, 2015 Promiscuity-Chastity-Inequality Model of Prostitution (Jolin, 1994) Promiscuity Chastity Inequality Male sexuality was defined to include promiscuity Female sexuality was defined to dictate chastity Men had the power to enforce both 1

2 Feminist Debate: Role of Prostitution in Women s Fight for Equality Sexual Equality First (SEF) Stress emancipation from male sexual oppression Radical Feminist Thought (Black Feminism, Marxist Feminism and Domination Theory) Prostitute as Exploited Victim Abolitionist framework Female sexual slavery; human trafficking Patriarchy contributes to the conditions under which sex work exist. Penalize johns Free Choice First (FCF) Stress freedom of choice as primary equity issue Liberal Feminist Thought Prostitute as Worker Decriminalize; Safe Conditions Empowerment framework Sex work as a social contract: sex worker contracts out a service for a certain amount of time and is a free worker just like any other wage laborer No difference between work in which a woman sells her hands, such as typing, and work in which a woman sells her vagina (Jenness, 1990) Prostitution is Illegal Prostitution has long been viewed as a crime in the United States, with the exception of Nevada that leaves the classification of prostitution up to local government (Weitzer, 2010). Criminal Classification varies from state to state: o Stems from morality: those engaged in prostitution who are perceived as needing rescue (Shdaimah & Weichelt, 2012) o Perceived danger and nuisance associated with prostitution: substance use, violence, solicitation of neighborhood residents, and used condoms and syringes found in the streets (Anderson, 2007; Shdaimah, Kaufman, Bright & Flower, 2012) o Exacerbated by the legal consequences of prostitution charges, which narrow women s choices for legal employment alternatives (Phoenix, 2007) 2

3 Problem-solving Court Movement Early 1990 s Rehabilitation through therapeutic intervention will change the habits of repeat offenders (Wolf, 2008) Most are drug courts, but there are also mental health courts, veterans courts, and domestic violence courts Designed to suspend or postpone punishment while offenders participate in some form of programming or treatment Participants required to engage with programs, make progress toward set goals such as therapy or drug treatment, undergo supervision such as reporting or urinalysis, in exchange for leniency. Critiques of Problem-solving framework Conflict between the adversarial model upon which the U.S. court system is based, and the problem-solving model that promotes teamwork and involvement in people s lives (Leon, 2007) COERCION: Defendants often required to plead guilty to participate and gain access to much-needed and often scarce resources (Shdaimah, 2010) Best outcomes found among program participants who were likely to succeed in treatment regardless of court involvement (Boldt, 2010) Have been found to have worse outcomes for participants who do not succeed, such as increased surveillance, longer incarcerations, or the effectual waiver of a trial with the activation of guilty pleas that are tendered as a prerequisite for program participation (Orr et al., 2009) Public shaming and moral condemnation may stigmatize participants and interfere with therapeutic goals (Nolan, 2010) 3

4 Examples of Prostitution Diversion Programs 3 Approaches to Social Justice (Sandel, 2009) Approach Meaning Prostitution Diversion Implications 1. Utilitarian Greatest happiness for greatest number 2. Freedom of Choice a) Libertarian Actual choices people make in a free market b) Liberal Equalitarian Hypothetical choices people would make in the original position of equality 3. Common Good Cultivation of virtue and reasoning around the common good Prostitution remains illegal and diversion programs help bad girls exit prostitution No need for regulation or Diversion Programs; Prostitution is legal in free market economy. Policies to remedy socially and economically disadvantaged and give everyone a fair chance at success. Views women engaged in prostitution as exploited and victimized. Selling sex for money or goods is based on virtue and reasoning. No need for court diversion, but programs should be available as a choice without criminal consequences 4

5 Implications Do no harm: not having defendants worse off for trying if they should fail Continuing evaluation of project to determine Who is the population being served and what are their needs How is the program working: What determines success? Process Outcome Decriminalize prostitution Must add availability of treatment resources to include housing and employment Provide harm reduction resources for current sex workers Ode to SPD by Blue I was tired of livin the way I was livin I was so busy gettin high I m tryin to think I wasn t motivated at all I didn t want to do nothing All I wanted to do was sit and smoke crack. I was neglecting my family I was neglecting my health, myself I just got to the end I would sit down I would get high I would sit down I would cry I was miserable. Get tired of bein on the corners I m thirty six I m not gettin any younger I was pullin the wool over their eyes I had the whole world covered. I thought I looked good I looked beat for real. I was gonna take somebody else s urine I just went ahead and let em get another dirty I need help I can t stop on my own I need help I took it I didn t want to go back to jail I ve done been to prison I just didn t want to go to jail. I took the program. 5

6 References Anderson, L. (2007, June 18). Prostitutes could find help, not jail time; City group wants court to reach out. The Baltimore Sun, p. 1A Boldt, R. C. (2010). The tomahawk and the healing balm : Drug treatment courts in theory and practice. University of Maryland Law Journal of Race, Religion, Gender and Class, 10(1), Jolin, A. (1994). On the backs of working prostitutes: Feminist theory and prostitution policy. Crime and Delinquency, 40(1), 69. Leon, C. S. (2007). Should courts solve problems? Connecting theory and practice. Criminal Law Bulletin, 43(6), Leon, C. S., & Shdaimah, C. S. (2012). JUSTifying Scrutiny: State Power in Prostitution Diversion Programs. Journal of Poverty, 16(3), Nolan, J. L. (2010). Harm reduction and the American difference: Drug treatment and problem solving courts in comparative perspective. Journal of Health Care Law and Policy, 12, Orr, C. H. et al. (2009). America s problem solving courts: The criminal costs for treatment and the case for reform. Washington, DC: National Association of Criminal Defense Lawyers. Retrieved from Phoenix, J. (2007). Governing prostitution: New formations, old agendas. Canadian Journal of Law and Society, 22(2), Sandel, M. (2009). Justice: What s the right thing to do? New York: Farrar, Straus and Giroux Shdaimah, C. S., Kaufman, B. R., Bright, C. L., & Flower, S. M. (2012). Neighborhood Assessment of Prostitution as a Pressing Social Problem and Appropriate Responses: Results from a Community Survey. Criminal Justice Policy Review. Shdaimah, C. S., & Wiechelt, S. A. (2012). Converging on Empathy: Perspectives on Baltimore City's Specialized Prostitution Diversion Program. Women & Criminal Justice, 22(2), Sloan, L., & Wahab, S. (2000). Feminist voices on sex work: Implications for social work. Affilia, 15(4), Weitzer, R. (Ed.). (2010). Sex for sale: Prostitution, pornography, and the sex industry. Routledge. Wolf, R. (2008). Breaking with tradition: Introducing problem solving in conventional courts. International Review of Law Computers & Technology, 22(1/2), 77. doi: /