Strong support of the Proposition to Decriminalize Prostitution in San Francisco

The statement by the California STD Controllers’ Association Executive Committee is based upon a questionable understanding of a very select subset of studies on commercial sex. Their statement also causes one to wonder whether they understand what Proposition K actually proposes. First, there is a big difference between decriminalizing and legalizing prostitution, a distinction the autrhors iof this statement blur as if it is unimportant. Legalization establishes commercial sex as a legitimate business, subject to taxation and regulatory oversight, while decriminalization simply strips its criminal status without providing for the establishment of a regulated sex industry. What proponents of legalization allege is that legalized prostitution is safe and healthy. What proponents of legalization fail to realize or mention is that legalizing prostitution does not do away with illegal prostitution. The taxes and infrastructure necessary to do health screening and safety inspections drive up the price; market forces ensure the coexistence of a robust illegal commerce in sex, right alongside the vastly more expensive but legal version. Very few sex acts can be purchased for under $100 or $150 dolalrs in Nevada's legal brothels, but intercourse and oral sex can be obtained for $5 to $40 dollars on the streets. Las Vegas has an enormously robust illegal sex industry, even though legal alternatives are nearby. The probelm with Proposition K is that it calls for decriminalization, offering the worst of both worlds: neither the criminal justice interventions of criminalization, nor the potential safeguards of legalization.

Second, comparisons of the health status of prostituted women and girls in areas with legalized versus illegal prostitution fail to account for the tremendous biases in selection and disclosure. The California STD Controllers’ Association Executive Committee may be correct in stating that women working in legal brothels that are required to have health screenings routinely are probalby healtheir, but what of the portion that operate in the illegal portion of the sex trade that will never be eradicated? Legalized prostitution leads to police essentially ignore illegal street prostitution, and women who would sometimes be routed to health and other services in the criminal justice system now no longer have even that meager level of access to services. The gains made in the relatively elite legal brothels may be offset by the furhter degredation of conditions among those in illicit street prostitution.

I think Michael Shively is misunderstanding what decriminalization would actually do. There WOULD be regulation of prostitution. ALL businesses are subject to regulation, including taxation, zoning, and labor regulations.

Prop K does not duplicate the Nevada brothel system. That system wouldn't work here anyway. That's why the San Francisco Task Force on Prostitution recommended decriminalization, not "legalization" like in Nevada.

A recent study from New South Wales, Australia, found that Sex workers there have the lowest rates of STD's of any state in Australia. Different states in Australia have different levels of legalization or decriminalization. New South Wales has complete decriminalization. Now as a result of this study, they are talking about decriminalization all over Australia.

http://www.abc.net.au/worldtoday/content/2008/s2365943.htm

Also, here is a more complete article from Dr. Klausner:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/07/EDTK12P3QO.DTL