The excitement of the latest Time's cover comes with mixed thoughts -- from "good for those brave women who cried "Me too!", to "why TF is Taylor on the cover?" Either way, sexual harassment awareness is here (finally!) to stay. The Silence Breakers have arrived. But did you know that the wrongdoings ain't new? Check out this research paper I put together during graduate school.
LABS 265 Research Paper
To Protect and Get Served: Prostitutes and Police Abuse
INTRODUCTION
“I was (then) handcuffed and physically beat
with (the policemen’s) fists in my chest and ribs. I started to cry and asked
if they would please stop. I was told ‘Bitch this is for you,’ and I was
repeatedly kicked within my upper right side chest.” (`Leigh 1)
This research
paper will serve to expose situations where prostitutes have been victimized by
law enforcement, explain the reasoning behind the abuse, and offer
recommendations to protect prostitutes and effectively removing ‘bad cops’,
such as Lieutenant Bill Young of the Las Vegas Metro Police:
“You get a penthouse at Caesar’s Palace with
six naked women frolicking in the room and then say: ‘Hey baby, you’re busted!’
That’s fun.”
The Coalition on Prostitution has compiled a
listing of typical complaints against the police when it comes to sex workers.
They include:
- Sexist, racist and homophobic verbal abuse on the streets, in police cruisers, and in police stations during bookings.
- Illegal use of 372 of the Penal Code, a public nuisance law which targets prostitutes.
- Physical abuse by the same officers.
(Presented to the
San Francisco
Board of Supervisors, for The Police
Accountability Hearing)
This
paper will examine stigmatizing of sex work and its effects, support for
prostitutes, and police corruption.
REASONS
“We can’t do
anything about it anyway. They know who we are and where to come get us,” (Hay
1) is one reason Donna, a San Francisco street prostitute gives for treating
police “run-ins” as nothing more than an occupational hazard.
Yet there are
things that are done about it, or because of it. In order to avoid being
handcuffed, many prostitutes have chosen to give in to police abuse. Sixteen
percent of sex workers interviewed for a New York City sex work report admitted
to having sex with law enforcement officials, conceptual or otherwise, to keep
from getting arrested. What’s more, although the NYPD would not confirm or deny
this, fourteen percent of workers said they have had violent encounters with
the police. Prostitutes have the notion that the police hold the key to their
livelihoods. The precincts are well aware of this, too, thus giving police the
okay to have sex, become violent, or falsely arrest sex workers.
When thirty New
York sex workers took part in a different study for the Urban Justice Center, Revolving Door, seventy percent of
respondents told researchers that the police makes contact with them on a daily
basis, whether it is crime-related or not.
When it comes to
police handling those accused of prostitution, city and statewide policies are
either unclear and not concise, or completely ignored. For example, in Florida it is against
the law for police officers to fondle exotic dancers during a prostitution
sting, although some local agencies allow this. In Tampa , a detective testified during a racketeering
case against a strip club owner, that touching in the pubic area is accepted as
long as there is no penetration. “We don’t penetrate. We don’t; that’s
basically about it..., declared Dale Tuvell, a detective who led a two-year
investigation against four Tampa
gentlemen’s clubs. (Good)
In New York City , a recent
study revealed that over fifteen percent of “indoor sex workers” – those who
work under the title of escort, stripper, dominatrix and prostitute – had sex
with an officer, whether it was consensual or not. Fourteen percent of those
interviewed for the study revealed they have endured police violence. The New
York Police Department (NYPD) has no comment on the findings, stating that the
report, titled “Behind Closed Doors: An
Analysis of Indoor Sex Work in New
York City
However, stories
of police abuse are explained in report:
“I got beat up twice, both times with a cop.
Both of them wanted me to suck their d—cks for free, right in the car…they said
I had to…and just grabbed my head and pushed me down there. (Thukral, et. al)
Therefore, denial
is another reason for ongoing police abuse towards prostitutes. When denying
that abuse occurs, officers tend to explain that mandates regarding the
handling of prostitutes have been amended. In San Francisco , for example, police there are
given permission to request certain services from sex workers in order to find
evidence to strengthen a prostitution court case. “…He said he wasn’t a cop. He
asked if he could feel between her legs…he put his mouth on her left breast and
licked her nipple. Michelle suggested sixty dollars for a blowjob and he
agreed… ‘Give me back the money and I’ll pay more for the full thing,’ he
asked. Great she thought, and handed the money back just in time for him
express his sorrow for having to arrest her.” (Hay 2)
Lack
of police training to handle prostitutes is also a reason behind the abuse of
power. In Brazil , where prostitution is
legal, there are “military police” units implemented within the country by each
state, in addition to “municipal guards” hired by the mayors of approximately
300 cities. However, except for the federal officers, no police department in Brazil “has the
training, equipment or structure to do its job properly.” It is safe to assume
that prostitutes routinely face harassment, unwanted sexual encounters, and
violence from these groups. In San
Francisco , vice squad assignments are voluntary and
are usually handed to officers with little support to carry out the job in the
correct manner. “…no special training is provided beyond that which is required
of every other police officer.” (Hay 3)
Perhaps police
corruption has always been a time-honored tradition within agencies. The
earliest reports of wrongdoings date back to the 1800s, following the
incorporation of the NYPD (Newham 7). In Latin America ,
historical reports show that police treated their occupation as a militant one.
In order to keep peace, officers believed forceful tactics would get the job
done. Most likely, police then thrived on the poorer communities for ridding
the cities and towns of criminal behavior, since most illegal activities would
be found there, as it would today.
Obviously the
greatest reason for what seems to be acceptable abuse is the stigma attached to
prostitution in society as a whole. “Prostitutes have (thus) come to epitomize
social illegitimacy and are thereby designated fair game for scrutiny and
outright disgust by lawmakers, police, the public at large…” (Auxiliary 2) Those
who do not look at sex work as another form of employment or see “…its
realities objectively and impartially,” (Auxiliary 1) could never fully
understand the problem of police mistreatment of prostitutes. Just causes for lawsuits among “legitimate”
women would not qualify as abuse among prostitutes. (Auxiliary 3)
SUPPORT FOR PROSTITUTES (or lack thereof)
One of the major problems
for prostitutes, where in New York
73% of sex workers are women (Thukral, et. al), is violence. (Prostitutes’
Education Network) Prostitutes in the United States are murdered each
year more than anywhere else in the world. (Auxiliary 4) Research suggests that
sexual assaults against those in prostitution were, in comparison to those who
are considered to be “legitimate women”, “more physically violent and more
frequently involved weapons.” (1098)
Rapes of
prostitute women are of little concern. For example, in El Salvador ,
and Paraguay ,
a sentencing for a rape conviction is reduced by one-fifth if a prostitute is
the victim. (Farley 1096) Many believe that when a prostitute is raped, it is
commonplace among the occupation and that it is deserved or even asked for. In California , a judge
overturned a jury’s verdict of guilty in a rape case against a customer because
“a woman who goes out on the street and makes a whore of herself opens herself
up to anybody.” (1096)
Some feminist
groups have chosen not to support prostitution rights, because to them,
prostitution is “the literal act of objectifying women.” (Auxiliary 7) However,
those who agree upon this argument do not take into account the women who are
well into the business who don’t know a better way to make good money. How can
one be objectified if she doesn’t feel
objectified? Feminists who believe prostitution is ‘wrong’, “…only reinforce
the stigma put forth by organized religions – the stigma which makes
prostitution (such) a dangerous occupation.” (Auxiliary 7)
Probably because
they too stigmatize prostitutes, healthcare agencies aren’t doing enough to
help sex workers as some news stories suggest. Half of Canadian prostitutes who
responded to researchers say that they have endured assaults to their heads
which have led to an “alteration in consciousness” (1098) It is not known how
many of the assaults were due to police encounters.
There are support
groups working for prostitutes’ rights. For example, The Sex Workers’ Project provides legal information to sex workers
so that when an arrest is made the prostitute will be knowledgeable of her
legal rights. However, “if the political
organizing of prostitutes evolves much further…any doctrinal errors made or
refinements not implemented now will strengthen the backbone of opponents’
arguments in restraining (prostitution).” (feministissues.com) Statements made by prostitutes for
legalization or decriminalization will obviously be met with “intense skepticism.”
(feministissues.com)
Even in instances
where prostitution is legal, there appears to be a lack of support to combat
prostitute abuse. For example, in the United Kingdom , police constantly
harass sex workers, whether they are working or not:
“…I walked off up
the road to get a taxi planning to go home. Got in the taxi and got nicked by
vice…they had me (arrested) for loitering. They said the taxi wasn’t
pre-booked.”
Another example of
what seems to be a failing support system towards prostitutes is the idea of
self-determination. Self-rule – autonomy -- continues to be sought by sex work
activists but there are problems that arise in doing this. From Greek times,
autonomy has been linked to “reason, freedom, virtue and deliberation,”
(feministissues.com) but in a world of prostitution stigmatizing, it would be
safe to say a prostitute’s call for “reason,
freedom, virtue and deliberation”
would fall on deaf ears.
RECOMMENDATIONS
Many prostitutes
are chalking up police abuse to something that comes with the territory. The
reasoning behind this comes from fear of getting arrested. If prostitution was
no longer a reason for going to jail, unnecessary and violent police encounters
would not only be reported, but would become just cause for a lawsuit.
Decriminalization – the act of removing laws against consensual sex
(Prostitutes’ Education Network) -- is the key to bringing police abuse toward
prostitutes to a halt. “Prostitutes could conduct their business in safety and
with respect…and could also choose and refuse their clients, stipulate what
services they offer, and be free to negotiate these preferences safely and
professionally.” (Auxiliary 5)
In Australia , the first country in the
world to decriminalize prostitution, sex workers there “have significantly
improved the quality of their lives and work…” (Auxiliary 6) It is safe to
assume that not only would police encounters be less of a problem, but
prostitutes would become more likely to report police corruption and help
remove ‘bad cops’ from their respective departments.
Decriminalization
of prostitution also means allowing unionization of prostitutes. This gives
them access to better working conditions, such as health and safety services.
(Auxiliary 9)
An argument for
the legalization of prostitution –
the act of governmental control and regulation of sex work – would not be
strong enough to combat police abuse, as this could only lead to more
interaction between police and prostitutes. “…in reality, in most “legalized”
systems the police are relegated the job of prostitution control through criminal
codes.” (Prostitutes’ Education Network)
Those against
prostitution claim that there is evidence proving that decriminalization would not keep sex workers from physical
harm. However, there are virtually no studies to show this. For example, reports
suggest that 62% of Asian women in San
Francisco massage parlors reported customers assaulted
them physically, but the report only reflects data from half of the brothels
located in San Francisco .
Police officers
who interact with sex workers must receive special attention. In places where
prostitution is legal, police are criticized for displacement of prostitution.
In other words, police harass workers so much that they decide to move into
another geographical location, places that are not “meant” to harbor
prostitution, areas that are unsafe.
Law enforcement
leaders must make subordinates aware that acts of violence will be taken
seriously. However, using the “bad apple approach” -- blaming wrong doings on
individual officers or ‘bad apples’ – is not sufficient. “It is common for
police agencies to claim that 10% of your officers create 90% of your
problems.” (Newham 8) Since “corrupt police officers are not natural-born
criminals” (Newham 12), a full investigation of an entire police department
should take place. In addition, it is imperative that police are properly
educated on how to deal with violence against sex workers from customers,
spouses, or other officers.
In Mexico and Brazil reform
experiments are underway in local departments. In central Mexico , the
police academy has turned into a university of sorts, where professionals are
qualified to spot and eliminate “Hollywood
types”, those who are mainly interested in firing guns and those who are
destined to turn to crime themselves. (Economist) Since officers are hired to protect their city
or town, “they should act as liaisons to place sex workers’ complaints.”
(Ditmore 3)
Not all
prostitution experiences with the police are bad ones. In Behind Closed Doors: An Analysis of Indoor Sex Work in New York City”,
a few sex worker respondents said they did have “positive experiences” with
officers. (Thukral et al) perhaps these interactions – the personalities and
backgrounds of the ‘good cops’ -- should serve as part a model when designing
best practice techniques. “It is clear that when police view sex workers as
legitimate members of society, they are more likely to offer the same level of
assistance that they would offer another complainant and follow-through on
appropriate procedures.” (Thukral)
If one is to fully
support prostitution rights, “prostitutes must begin a conventional fight with
the disadvantage of being profoundly morally stigmatized.” An incorporation of
new tactics is needed to assist prostitutes before complaints of police abuse are
heard. This begins with being open and
fair about the issues at hand. (feministissues.com)
CONCLUSION
Police abuse
towards prostitutes does matter. Stigmatizing prostitution only opens the door
for more mistreatment by those hired to
protect and serve. There are a few support groups for sex workers
available, but without careful strategizing, fighting to protect prostitutes
will fail. Although one might be against the act of prostitution, one should be
all for protecting women from the
hands of abuse.
Works Cited
Brovard, James. “The Legalization of Prostitution.” Freedom
Daily, The Future of
Freedom
Foundation, found at www.fff.org, access May
2005.
Destefano, Anthony M. “New study shows sex work dangerous.” Newsday,
March 30,
2005.
Ditmore,
Melissa and Catherine Poulcallec-Gordon. “Human
rights violations: The acceptance of violence against sex workers in New York
Farkey,
Melissa. “Bad for the Body, Bad for the
Heart: Prostituion Harms Women Even if Legalized or Decriminalized.” Violence
Against Women, volume 10, number 10, October 2004.
Good, Joshua. “Courts Weigh How Far Police Can Go With Prostitutes.” Tampa
Tribune, August 3, 2004 .
Hay, Jeremy. “Police Abuse of Prostitutes in San
Francisco
Gauntlet
Magazine, Issue 7, Volume 1, 1994. Found at www.bayswan.org/jeremy1.html.
Ladies Auxiliary Corps of Truth
Seekers, The. “The Feminist Argument for
Decriminalizing Prostitution.” Found at www.brianmclark.com, accessed May 2005.
Newham, Gareth. “Tackling Police Corruption in South Africa
Centre for the
Study of Violence and Reconciliation, June 2002.
“Prostitution
Law Reform: Defining Terms.” Prostitutes’
Education Network, found at
“Prostitution
in the United States
found at www.bayswan.org.
Sanders, Teela. “The Risks of Street Prostitution: Punters,
Police and Protesters.” Urban
Studies:
Carfax Publishing, Volume 41, number 9, August 2004.
“The
battle for safer streets.” Economist,
Volume 372, issue 8395, October
2, 2004 .
“The
Evolution of Human Rights.” The Politics of Prostitutes’ Rights, found
at
www.feministissues.com, accessed May
2005.
Thukral, Juhu, Melissa Ditmore, and
Alexzndra Murphy. “Behind Closed Doors:
An
Analysis of Indoor Sex Work in New York
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