Canadian Public Policy

Prostitution: A Critical Analysis of Three Policy Approaches

Author(s): Frances M. Shaver
Source: Canadian Public Policy / Analyse de Politiques, Vol. 11, No. 3 (Sep., 1985), pp. 493-503
Published by: University of Toronto Press on behalf of Canadian Public Policy
Stable URL: http://www.jstor.org/stable/3550504 .
Accessed: 18/06/2014 00:47

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .
http://www.jstor.org/page/info/about/policies/terms.jsp

.
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of
content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms
of scholarship. For more information about JSTOR, please contact support@jstor.org.

University of Toronto Press and Canadian Public Policy are collaborating with JSTOR to digitize, preserve
and extend access to Canadian Public Policy / Analyse de Politiques.

http://www.jstor.org

This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM

All use subject to JSTOR Terms and Conditions
FRANCESM. SHAVER
PROSTITUTION: A CRITICAL
ANALYSIS OF THREE POLICY
APPROACHES*
M eme si les strategiesqu'on propose pour
luttercontre la prostitutionet les problemes
qui y sont associ6ssont tres nombreuses,elles
s'inscriventtoutes dans l'une ou I'autredes trois
grandesformes de contr6le: la criminalisation,
la legalisationet la decriminalisation.L'auteur
de cet article 6valueles trois formulesa I'aide
d'argumentset d'elements de preuve recueillis
aussi bien au Canadaqu'a I'etranger, elle presente
ensuite les gravesconsequences n6gativesqui
decouleraientde I'adoptionde politiques de
criminalisationou de legislation,et elle insiste
sur les merites de la decriminalisation.Elle
soutient en effet qu'un programmede reformes
sociales et juridiques instituees dans une
perspectivede decriminalisationcontitueraitle
moyen le plus efficace et le plus appropriepour
combattreles aspects negatifsde la prostitution
contemporaine.
I Introduction
The prostitution debate is not new to Cana-
dians. It has been a controversialissue for
more than a century. As early as 1851 pro-
vincial governmentspassed legislationenabling
municipalitiesto rule on such mattersas houses
of prostitution, prostitutes, inmates and fre-
quenters(CACSW,1984b:131). The earliestby-
law uncoveredto date was passedin Toronto in
1868.1
The most recent public protest began three
years ago in response to the increasein street
Canadian Public Policy - Analyse de Politiques, X1:3:493-503
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
A though there are many strategiescurrently
being proposedto combat prostitutionand
its attendant problems, all fall under one of
three basic systems of control: criminalization,
legalization, or decriminalization. These
systems are evaluated using argumentsand
evidencefrom both Canadianand international
sources.The discussionproceedsby presenting
the seriousnegativeeffects which will ensue if
criminalor legalizationpolicies are adopted and
then moves on to present the merits of
decriminalization.It is arguedthat a program
of social and legal reform based on a
decriminalizationpolicy will providethe most
effective and the most appropriatemeans of
combatting the negative aspects of
contemporaryprostitution.
prostitution in residentialareas.The legalstrat-
egies currentlybeingproposedvaryconsiderably
both in terms of effectiveness and appropriate-
ness. All, however, fall underone of three basic
systems of control: criminalization,legalization,
or decriminalization.
Crinlinalization,or prohibitionas it wascalled
in the 19th century, involvesthe use of criminal
sanction to control prostitutionand any related
activities.The underlyingassumptionin the early
days was that prostitutionwas a social evil which
could not be countenanced in any way. Today,
most advocates of the criminalizationapproach
1985 Printed in Canada/lmprime au Canada
are simply interested in changing the criminal
law with regard to street soliciting.
Under legalization, or regulation as it is some-
times called, attempts are made to license or
register prostitutes and bawdy-houses and to re-
quire that prostitutes be monitored and checked
for venereal diseases. The underlying assumption
here is that prostitution serves the different sex-
ual needs of men and women and must be regu-
lated so as to contain its worst side effects.
Under decriminalization, prostitution is re-
garded neither as a crime nor a licensable activ-
ity. Prostitution is considered to be a personal
choice and hence a private matter between con-
senting adults. The only role for the State is to
eradicate the objective conditions that force
people into it and to ensure that those profiteer-
ing from the prostitution of others are penalized.
Advocates of this approach call for the repeal
of existing legislation and argue that this will
provide the best context in which to prosecute
profiteers.
The specific options being proposed under
criminalization and legalization are similar to
the prohibition and regulatory schemes of a cen-
tury ago. It is highly unlikely that they will be
any more effective in the 20th century than
they were in the 19th century.2 Strong argu-
ments against both of these options are present-
ed in sections III and IV below.
In order to combat the negative aspects of
prostitution, we need to develop long-range pro-
grams aimed at eradicating the wider social prob-
lems it reflects (problems such as the socio-
economic disparity between women and men
and the double standard of sexual morality)3
and then to apply them in concert with legal re-
form based on the decriminalization of prostitu-
tion. Arguments supporting this position are
presented in section V, along with specific sug-
gestions for both social and legal reform.
II The Law
Prostitution per se has never been a crime in
Canada. However, various activities associated
with it are. Activities currently prohibited by
the Criminal Code include: soliciting in a public
place for the purpose of prostitution (Section
195.1); transporting or directing, or offering to
494 Frances M. Shaver
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
transport or direct, another person to a common
bawdy-house (Section 194); keeping, being an
inmate of, being found without lawful excuse
in, and allowing a place to be used for the pur-
poses of a common bawdy-house (Section 193);
and procuring and living off the avails of prostitu-
tion (Section 195).
The soliciting offence has been severely re-
stricted in scope by the Supreme Court of
Canada. In the Hutt case, decided in 1978, the
Court ruled that the behaviour of the prostitute
had to be 'pressing or persistent' in order for it
to constitute soliciting for the purposes of Sec-
tion 195.1. It also indicated that a private car
on a public throughfare did not constitute a
'public place'.
'Common bawdy-house,' 'place' and 'public
place' are defined in Section 179(1) of the Crim-
inal Code. 'Common bawdy-house' means a
place that is 'kept or occupied, or resorted to
by one or more persons for the purpose of pros-
titution or the practice of acts of indecency'.
Place includes any place, 'whether or not it is
covered or enclosed, it is used permanently or
temporarily, or any person has an exclusive right
of user with respect to it'. 'Public place includes
any place to which the public have access as of
right or by invitation, express or implied.'
III The Case Against Criminalization
Most advocates of criminalization are simply in-
terested in making changes to the soliciting sec-
tion: some want to reduce the requirements re-
garding pressing or persistent behaviour, some
want to expand the application of soliciting,
and still others want to have the law focus on
customers. Their concerns with the present sec-
tion are well-founded; it is ambiguous and, as a
result, largely unenforceable. The changes they
advocate, however, are likely to do more harm
than good.
The police, municipal governments, and res-
idents' groups have been lobbying Parliament to
strengthen the soliciting section. They want
three changes made: (1) that the section refer
clearly to both the buyer and seller of sexual
services; (2) that the definition of a 'public place'
be broadened to include vehicles in public places;
and (3) that the Hutt decision with respect to
 pressing or persistent soliciting be reversed.
At first glance the strengthening of the so-
liciting section appears acceptable. It would re-
duce the ambiguity in the law and render it en-
forceable, make it easier for the police to detain
and convict street prostitutes, and very likely
result in an immediate reduction in the visibility
of prostitution in residential areas. But at what
cost? Strengthening the soliciting section will
neither eliminate prostitution nor reduce the
exploitative conditions. Prostitution activity
will simply move to another area of the city,
possibly a poorer area: one where the residents
will have neither the money nor the time to
convince the politicians to come to their aid.
Strengthening the soliciting section will, in
addition, reinforce moral hypocrisy by crimi-
nalizing only some of the people who are selling
sexual services: those who sell it in public. Pros-
titutes are not committing any offence if they
advertise discreetly in publications; go alone in
response to a call to different places which they
do not rent, lease or own; are over 21; and if
they make sure their customer is over 21 (Platt,
1984:38). This same hypocrisy is reflected in
the enforcement statistics. Most of the individ-
uals detained on prostitution related charges are
street prostitutes even though street prostitution
probably represents only a small proportion of
total prostitution activity.4
Furthermore, if measures to strengthen the
soliciting section are introduced in conjunction
with programs to improve the socio-economic
conditions of women, a class of women (pros-
titute women) will continue to be doubly ex-
ploited as at present. Convictions will be dif-
ficult to avoid under the new section and once
convicted, it will become even more difficult
for prostitute women to find alternatives or to
take advantage of the opportunities offered by
social reform programs (see section V.2 below).
If the main objective of the police and resi-
idents is to keep prostitutes off the streets, con-
sideration should be given to a repeal of the
bawdy-house section. Evidence from Britain in-
dicates that the street is not the work setting of
choice. When other options are available (as they
would be if the bawdy-house section was re-
pealed) the working choice would be small, pri-
vate apartments ('trick pads') shared with 'one
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
or two girlfriends' (McLeod, 1982:23,99).5
The Canadian Advisory Council on the Status
of Women (CACSW) favours a different change
to the soliciting section. The Council has recom-
mended that it be expanded to include pressing
or persistent soliciting by anyone 'for whatever
purpose' and that the definition of a public place
be broadened to include 'a place which can be
seen from a public place' (CACSW, 1984a:23).
This would include the persistent politician on
a door-to-door campaign, the distributor of re-
ligious tracts, and the zealous Girl Guide selling
cookies.
A law such as this would seriously infringe
on the rights of individual liberty. Offensive and
persistent soliciting may merit some form of reg-
ulatory sanction but it does not merit criminal
sanction. It certainly would not be defined as a
crime under the guidelines of the Law Reform
Commission.
The Commission devised a set of four test
questions for determining what activities are
and are not crimes. They are as follows:
1. Does the act seriously harm other people?
2. Does it in some other way so seriously
contravene our fundamental values as to
be harmful to society?
3. Are we confident that the enforcement
measures necessary for using criminal law
against the act will not themselves serious-
ly contravene our fundamental values?
4. Given that we can answer yes to the above
three questions, are we satisfied that crim-
inal law can make a significant contribu-
tion in dealing with the problem? (Canada,
1982:44-45)
It is very difficult to answer 'yes' to all four
questions in the case of soliciting of any kind.
In the eyes of many prostitutes themselves,
prostitution is nothing more than a job, albeit a
very hazardous one. Many members of the
Alliance for the Safety of Prostitutes (ASP) refer
to it as 'work' and to themselves as 'working
girls'. An ASP organizer described it as follows:
They are all out there because they need the
money. It is a matter of economics, it is not
glamour. And it is not fast easy money like
Prostitution: Three Policy Approaches 495
 some people try to say.6
Prostitutes interviewed by other researchers ex-
pressed similar sentiments. (Woodward, 1980:
19; McLeod, 1982:27.)
Other groups are more interested in amend-
ing the soliciting section than in strengthening or
expanding it. They want to lift criminal sanc-
tions against the seller of sexual services but to
maintain and enforce them against those who
wish to purchase sexual services. They also want
to introduce a provision for more severe sanc-
tions against those seeking to purchase sexual
services from the young. The amount of under-
cover work required to enforce this latter provi-
sion would be phenomenal and in all likelihood
would render the section next to useless. Instead
of serving as an example for an important social
value, legal reform of this nature is more likely
to lead to a disrespect of the law.
A law focussing only on customers would be
highly undesirable for a number of other reasons
as well. It will have an indirect but highly neg-
ative effect on those individuals presently de-
pending upon prostitution as a means of income.
Since the social programs planned to correct this
situation will take some time to implement there
will be nothing to fill the gap. Such an amend-
ment will create the need for clandestine
customer-prostitute contacts. This type of need
is likely to create lucrative business possibilities
and contribute to the continued exploitation of
prostitutes by pimps and other profiteers.
This kind of reverse discrimination provides
one with the opportunity to oppress the alleged
oppressor but in the long run it does more social
harm than good. The implication of such a policy
is that the customers are the source of the prob-
lem. It is not they who cause the problem, but
our sex role socialization and the relative poverty
of women. Focussing on the alleged oppressor
tends to distort and evade the extent of the prob-
lem.
So long as prostitution related activities such
as soliciting in a public place; transporting or
directing another person to a bawdy-house; and
keeping, being an inmate of, and allowing a place
to be used as a common bawdy-house continue
to be illegal, the chance is increased that pimps
and profiteers will maintain control or that
496 Frances M. Shaver
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
organized crime will become involved.7 Illegality
impedes the flow of information, increases the
need for collusion between prostitute, customer,
and pimp, and results in higher profit margins
for those in control (Symanski, 1981). This was
the case during the prohibition era and is still
the case with drugs and abortions. It would con-
tinue to be the case with prostitution. It is rea-
sonable to assume, then, that a legal market
under decriminalization would reduce profits
and, as a consequence, reduce further the risk
of an organized crime takeover.
The illegality of prostitution related activities
also contributes to the problem prostitutes have
with respect to obtaining protection under the
law. In some cases they must depend upon the
help of a pimp to provide indirect protection
from other street criminals and abusive custom-
ers and will not give evidence against them even
when physically abused (James et al., 1977).
In other cases they are reluctant to report crimes
of robbery, assault or rape because they know
they will not get a fair hearing due to their 'out-
law status'.8 The situation is summed up by
Sally deQuadros, an ASP organizer: 'to be a
prostitute is to have no rights, no protection
under the law,' and justifies the position taken
by ASP in its presentation to the Fraser Com-
mitee: 'the justice system refuses to take seri-
ously any or most reports filed by prostitutes'
(ASP, 1984).9
Those in favour of criminalization often argue
that it will serve as a deterrent to keep people
out of the profession. What they fail to realize
is that there are already many deterrents in
place. It is not illegality that keeps people away;
it is much more likely to be their negative atti-
tude toward multiple sex partners, a general dis-
taste for the profession, and an awareness of
the social stigma currently attached to those
who are involved.
Finally, the enforcement of prostitution relat-
ed laws costs a great deal of public money. It
goes to police salaries, the court system and the
detention system. In Montreal in 1969 it cost
$85,000 to process 614 prostitution related
cases. In Toronto in the '70s, each arrest cost
over $165.00 and each court case an additional
$1,000 (Symanski, 1981:17,16). In Vancouver,
the cost of enforcing soliciting rose from
$72,000 in 1977, to $100,000 in 1979 in task
force wages alone.10 Could not this money be
more usefully channeled into services to benefit
prostitutes, rape crises centres, transition houses
for battered wives and programs for runaways?
Could not police time be more effectively and
efficiently spent in the investigation of more
serious crimes and in the detention of more
dangerous criminals?1 1
IV The Case Against Legalization
The legalization of prostitution through the
licensing of prostitutes and brothels is often put
forward (by non-prostitutes) as the solution
most likely to serve the interests of both the
public and the prostitutes. It would, it is argued,
serve to limit the public importuning and nui-
sance problems cited by the public as proble-
matic, and provide prostitutes with a safe and
legal working environment. Unfortunately, such
a solution is unlikely to satisfy the individuals
working as prostitutes. Marie Arrington, an
ASP organizer, described legalized prostitution
as tantamount to slavery. This sentiment was
also expressed by Peggi Miller of CORP in her
presentation to the Special Committee on Por-
nography and Prostitution (CORP, 1984).
Legalization as practised rarely provides a
habitable working environment for prostitutes.
It often involves the intervention of the police
in the ratification of the licences, a factor which
leads prostitutes to think of themselves as crim-
inals. And by all reports, the legalized brothels
in Nevada and West Germany serve only to
marginalize and stigmatize prostitutes. Two in-
dependent reports of the prison-like setting at
the Mustang Ranch in Nevada are available
(Barry, 1979:112-113; Symanski 1981:110,
118), and three different studies refer to the
degrading conditions in the Eros Centres in
West Germany (Sion, 1977:44; Yandorf, 1979;
Jaget 1980:171-172).
Regulation often includes compulsory medi-
cal check-ups for prostitutes. This is inappro-
priate on two counts. Most prostitutes are very
aware of the risks of infection from sexually
transmitted diseases and take measures to
protect themselves. They have regular medi-
cal check-ups, examine their customers for
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
symptoms and require them to use prophylactics
(McLeod, 1982; Prus and lrini,1980; Woodward,
1980; James etal., 1977; Layton, 1975). To do
otherwise would endanger their source of in-
come.
Furthermore, the risk of infection through
prostitution is much less than one would sus-
pect. In the United States in 1967, for example,
only 10-15 per cent of syphilis patients named
prostitutes as the source (Hart, 1977:70) and in
'the 12 month period ending June 30, 1971,
less than 3 per cent of more than 13,600 females
diagnosed with infectious syphilis were classi-
fied as prostitutes by occupation' (James et al.,
1977:46). The core of the problem is among
young adults whose sexual liberalization has not
been matched by health eduacation. It seems
imperative, therefore, that innovative education-
al and treatment programs be designed and
made available to all. The proper role for the
government is the establishment of facilities for
diagnosis and treatment, not in the periodic
inspection of prostitutes.
If prostitution is to be regulated, independent
prostitutes should be licensed similarly to any
other small business person. They should not be
singled out for regulation under the Criminal
Code. If brothels are to be legalized, the em-
ployees should be protected like any other
workers under the appropriate provincial labour
standards legislation. Regulation going beyond
this minimum is likely to contribute to the con-
tinued stigmatization of prostitutes and to the
institutionalization of yet another working
ghetto for women.1 2
In the light of the evidence and the argu-
ments available, it is apparent that neither the
criminalization nor the legalization of prostitu-
tion represents an appropriate legal response to
the situation. Neither one addresses the condi-
tions which create and maintain the exploitative
conditions and both will more than likely serve
only to maintain them,
V Appropriate Legal and Social Reform
In order to be both appropriate and effective,
programs for social and legal reform must meet
five objectives. They must:
- change the socio-economic conditions which
Prostitution: Three Policy Approaches 497
 create and maintain prostitution in its present
form;
- more adequately protect prostitutes from
the hazards involved in contemporary pros-
titution;
- provide for the prosecution of those individ-
uals who are coercing prostitutes;
- provide for the protection of the rights and
liberties of all citizens;
- fulfill the above criteria in such a manner that
it will not seriously contravene our funda-
mental social values.
Decriminalization is the only type of legal
reform which is congruent with all of these ob-
jectives. And, since legal reform alone cannot
change or modify the broader social problems
and attitudes which serve to maintain the in-
stitution in its present form, a full array of so-
cial reforms must also be developed and imple-
mented. Recommendations for programs of this
type are provided in the following sections.
1 Decriminalization
In order to facilitate the development of the
programs outlined in section 2 below certain
legal provisions must be adopted. These provi-
sions should decriminalize the activities of pros-
titutes and customers (unless they have com-
mitted some other criminal offence) while
penalizing those involved in their coercion.
Such provisions would have to include:
- the repeal of the soliciting provision in s.195.1
of the Criminal Code;
- the repeal of the bawdy-house provisions in
s.193;
- the repeal of the offence of transporting
found in s.194; and
- amendments to the procuring provisions in
s.195 of the Criminal Code.
There are a number of problems with the
procuring section which should be kept in mind
when making amendments. First, procuring re-
fers to any act or attempt to procure or solicit a
person 'to have illicit sexual intercourse with an-
other person irregardless of whether or not the
person or persons procured consented to the
act' In keeping with the underlying assumption of
decriminalization, that prostitution is a personal
choice and hence a private matter between con-
senting adults, only coercive (non-consensual)
498 Frances M. Shaver
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
procuring should be subject to criminal sanc-
tion. Furthermore, if coercive procuring is to be
considered an offence, protection under the law
should extend to all persons including 'common
prostitutes' and persons of 'known immoral
character' as well as persons 'whose usual place
of abode is a common bawdy-house'. Under the
present section, these persons are excluded
from protection.
Gain (s.195.1h) should not be an element in
the legal definition of this offence. When 'gain'
or 'for the purposes of gain' constitutes a neces-
sary element, lack of evidence of gainful intent
makes it very difficult, and in some cases im-
possible, to prosecute offenders.
A major problem with this section has to do
with the way in which the word 'pimp' is de-
fined. A pimp is legally defined as a person who
lives wholly or in part on the earnings of a
prostitute. Evidence that a person lives with or is
habitually in the company of prostitutes is, in
the absence of evidence to the contrary, proof
that the person lives on the avails of prostitution.
This definition creates problems for working
prostitutes (CORP, 1984). From their point of
view there are at least two types of situations:
the pimp as 'lover' and the pimp as 'business
manager or owner' (McLeod, 1982; Jaget, 1980;
Layton, 1975). The former situation includes
the boyfriend, the 'old man' and the husband
of the prostitute. Some of the men in this group
will resort to the harassment techniques worthy
of professional pimps, but they are the excep-
tion (Layton, 1975:148). Even so, they are not
defined as pimps by the women with whom
they live and furthermore, these women 'do not
feel their lovers to be any more unethical for
using their earnings than middle-class men en-
joying their wife's second income' (Layton,
1975:147).
Concentration on the socio-economic aspect
of prostitution tends to criminalize the husbands
and lovers of working prostitutes and to detract
from the more serious crimes which are perpe-
trated by the professional pimp. As Sylvie, a
member of the Alliance for the Safety of Pros-
titutes said:
There are pimps and there are pimps - the
police usually worry about the wrong kind.
 In order to ensure that the police worry about
the right kind (those who are actually using,
abusing and victimizing the person(s) they con-
trol), 'living wholly or in part off the avails of
prostitution' should not be an element in the
legal definition of this offence. Where necessary,
further prosecutions for assault (s.244), intim-
idation (s.381), extortion (s.305), or forceable
confinement (s.247), can be taken against in-
dividuals who are coercing prostitutes physically
or psychologically. It is much more appropriate
to charge such persons under these sections since
they more accurately reflect what is offensive
and harmful about pimping activities.
2 Preventive Social Policy
Since the institution of prostitution is inter-
laced with sexism, racism and discrimination on
the basis of income, we cannot depend entirely
upon the law to eliminate or reduce the exploit-
ative conditions - a full array of social reforms
must also be implemented. Needed reforms must
be undertaken at all levels of social responsibil-
ity, from community groups and schools to all
levels of government (federal, provincial and
municipal).
Measures to counteract the double standard
of sexuality must be developed. A number of
different approaches could be developed in-
cluding the provision of sex, health and mental
hygiene education in schools and colleges which
provide an emphasis on human rights and human
dignity. They should include the provision of
sex education and guidance programs aimed at
increasing the understanding of the nature of
human sexuality and its role in social relations.
Such education could also be made available to
women and men who have not yet received it
(perhaps through continuing education courses).
Measures aimed at increasing the public's aware-
ness of the sexual objectification of women and
children in its various forms (pornography, ad-
vertising, etc.) could also be introduced.
Measures aimed at improving the socio-
economic conditions of women and adolescents
must also be adopted. Highest on the list, of
course, is the removal of wage disparities be-
tween women and men and the improvement of
the status of women in relation to the political,
social and economic status of men. In some
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
cases this will mean developing affirmative action
programs; in others it will mean activating pro-
grams that are already in place.
Since individuals, especially adolescents, are
often led into prostitution while working as
masseurs, go-go dancers or night club entertain-
ers (GRIMP, 1982; Allen, 1983), special meas-
ures should be adopted to protect persons seek-
ing such work from being exposed involuntarily
to the dangers of prostitution through unscru-
pulous employment agencies or misleading ad-
vertisements or false employment offers. By the
same token, a systematic investigation of night
and dance clubs and similar places of entertain-
ment to ensure that women and adolescents
are not employed in contravention of employ-
ment standards legislation, liquor licensing regu-
lations, criminal provisions or other relevant
laws should also be undertaken.
Direct measures to counteract the present
conditions of prostitution must be developed.
They should ensure that prostitutes receive the
protection due to any citizen against assault,
rape, theft, breech of contract; are aided in their
attempts to protect themselves from the harm-
ful conditions of their environment; and are able
to care for their own nutritional and health
needs. They should also ensure that prostitutes
have the opportunity to gain access to another
trade or profession of their own choice if they
so wish; have the opportunity to find other
employment if they so choose; and are able to
find an alternative support network through fa-
cilities and programs that would link them to
the larger community.
Participation on the part of the prostitutes
in these programs should not be imposed. A
broad informational campaign should be de-
veloped to ensure that all prostitutes are aware
of all opportunities. The programs should be
made accessible to any who wish to make use
of them. Every effort should be made to extend
already existing programs to prostitutes rather
than to single them out for special attention.
3 Adolescent Prostitution
The disapproval commonly voiced about young-
sters involved in prostitution fails to recognize
their victimization by adults. The sometimes
tacit approval of these acts by other adults does
Prostitution: Three Policy Approaches 499
not acknowledge that juvenile prostitution in-
volves the sexual abuse of minors. It is more ap-
propriate then, to prosecute such activity under
the provisions of the Criminal Code which pro-
hibit the sexual abuse of children and minors.
Consequently, prostitution with minors should
not be treated as a separate crime.
Existing evidence indicates that almost all of
these youngsters are runaways and that many
of them are victims of incest or other forms of
physical abuse (Ruffo, 1983; GRIMP, 1982;
Boyer and James, 1980).13 Special measures
aimed at improving the conditions of adolescents
both before and after they end up on the street
should be developed. These programs would be
aided by increasing public awareness of the fac-
tors leading to the sexual exploitation of children
and juveniles. Measures should be explored
which lead to the prevention of the sexual abuse
of children with special emphasis on actions
which can be taken by young people on their
own behalf.
Since these programs will not reach all ado-
lescents in time, nor solve all the problems as-
sociated with sexual exploitation of children and
juvenile prostitution, more provisions must be
made for the establishment of alternative eco-
nomic and social support systems for adoles-
cents who cannot go home, as well as for voca-
tional counselling, job training and job finding.
Provisions should also be made for the hiring of
street workers, and the development of on-street
hostel programs designed to provide juveniles
with alternative life styles. Finally, provisions
must be made which address the serious health
problems of street based juveniles. Among the
problems known to exist are venereal disease,
pregnancy, chemical addictions and reactions,
mental health problems and inadequate nutri-
tion.
4 Protecting the Public
The urgency of the residents' petitions for legal
reform and their desire to maintain the quality
of their lifestyle is quite understandable. They
too have a right to live in peace. However, the
solutions they have proposed - the strengthen-
ing of the soliciting law and the removal of the
prostitutes - are entirely inappropriate. Other
strategies can and should be adopted to ensure
500 Frances M. Shaver
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
that the public realizes this right.
As argued earlier, there will probably be much
less street prostitution once the bawdy-house
provisions are repealed. Insofar as offensive so-
liciting remains a serious problem, enforcement
of existing sections of the Criminal Code can be
used. Causing a disturbance (s.171), indecent
acts (s.169), extortion (s.305) and intimidation
(s.381) are all appropriate. If, as is alleged by the
residents, these laws are not enforceable, re-
search should be conducted to determine why,
and the appropriate amendments should be
made. This would take the pressure off prosti-
tutes and place it more directly where it belongs
- on those individuals who are behaving offen-
sively whether they be customers, 'hooker-
lookers,' residents, or prostitutes.14
Offensive soliciting which does not amount
to criminal behaviour, but which continues to
be disruptive, can be curtailed through motor
vehicle legislation and municipal by-laws. The
problem with the earlier by-laws is that they
made it illegal to remain in a public place for the
purpose of prostitution thereby infringing upon
powers that are currently held by the federal
government.15 In the case of overlap, the fed-
eral rights and powers prevail. The repeal of the
soliciting and bawdy-house sections might leave
this type of legislation less open to challenge
from the Supreme Court of Canada. However,
given the spirit of decriminalization (that pros-
titution is a private matter between consenting
adults), care should be taken to ensure that these
by-laws are not aimed specifically and exclusive-
ly at prostitution activities. They should be aim-
ed at the specific activity deemed to be disrup-
tive (noise late at night or drunkenness, for ex-
ample).1 6
Provincial landlord and tenant laws can be
developed, if they are not already in place, to
protect tenants of apartments, or householders
from the 'disruptive' activity which might arise
if a brothel is established in the neighbourhood.
These same landlord and tenant acts could also
be used to curtail property-owners who are try-
ing to derive inflated rents from prostitutes. As
in the case of disruptive soliciting, care should
be taken to ensure that the legislation is aimed
at the specific activity deemed to be disruptive.
VI Conclusion
These social and legal reforms are intended to
reduce the economic disparity between women
and men and to eradicate the double standard
of sexual morality; they will not serve to elimi-
nate prostitution. There will always be some
people who are willing to buy sexual services
and others who are willing to sell them. What
these programs do provide, however, is the
chance to modify prostitution as we know it, to
remove many of the hazards and to offset much
of the sexual, race and class discrimination cur-
rently ingrained in the profession. If these pro-
grams result in a form of prostitution which is
free from emotional prejudice; where those who
become prostitutes are adults who are not com-
pelled to do so; where prostitutes are no more
economically exploited than other wage work-
ers; and where the buying and selling of sexual
services is equally available to both women and
men, then, more than half the battle will have
been won.
Notes
* This article is based on a brief prepared for the
Special Committee on Pornography and Prostitu-
tion and on interviews conducted while research-
ing prostitution for the Canadian Advisory Coun-
cil on the Status of Women.
1 Although I wish to thank one anonymous referee
in particular for bringing the 1868 by-law to my
attention, I am indeed grateful to all three, and to
Bill Reimer, for their helpful comments on an
earlier version.
2 See Backhouse (1984) for an assessement of the
main approaches to prostitution in 19th century
Canada. She maintains that they were unsuccess-
ful in eliminating the trade for two reasons. First,
they did not attack the major causes of prostitu-
tion -'The inequality of women in Canadian so-
ciety and the economic stratification which forced
some women to sell access to their bodies to sat-
isfy the sexual demands of men' (p.16). Second,
their formulation or enforcement was interlaced
with class, race and sex discrimination.
3 See McLeod (1982), Jaget (1980) and CACSW
(1984b) for a discussion of the way in which
these factors create and maintain the institution of
prostitution in its current form.
4 According to a recent study, street prostitution
in Toronto represented 'only 20% of all the
prostitution in the city and the figure is probably
closer to 5% in winter' (BMR, 1983). In England
it has been estimated as representing 30% of the
total (McLeod, 1982) and in the United States as
10-15% of the total (James et al., 1977).
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
5 Having a 'trick pad' on the block will not neces-
sarily result in a lot of traffic. Prostitutes current-
ly working the streets and saunas in Britain
average 20 clients a week; those working in clubs
and through escort agencies average 8 clients a
week (McLeod, 1982:12). Prostitutes working
the streets and bars in Vancouver averaged 14
customers a week (Forbes, 1977). The medical
doctor who operates out of her home in my neigh-
bourhood sees as many or more patients in one
day.
I interviewed members of ASP, a Vancouver-based
6
group, in June, 1983 while conducting research
on prostitution for the CACSW.
7 The definition of organized crime has become
somewhat blurred with reference to prostitution.
Police in the United States have stated on occasion
that the pimps operate an organized system of
control over their women and also that the Mafia
may be involved in prostitution (James et a/.,
1977). Except for a few references to the limited
involvement of some motorcycle gangs, there is
little Canadian evidence to suggest that organized
crime of any kind is currently involved in prosti-
tution (British Columbia, 1979).
8 Lynn's story is not uncommon. She was raped
and wanted to charge her assailant. 'The police
told me I was a prostitute and therefore couldn't
be raped.' Lynn is a pseudonym for a member of
ASP interviewed June 1983. Other members
interviewed at that time recounted similar tales
and several are described in 'Prostitution' (ASP,
1984). Other accounts appear in McLeod (1982)
and Jaget (1980). Sava Pinney, a prostitute
whose throat was slit by a customer five years
ago, applied to the Ontario Criminal Injuries
Compensation Board for financial assistance. She
was denied compensation for her injuries'because
she had knowingly chosen a dangerous profession'
(The Montreal Gazette, Oct. 25, 1984).
9 Such accounts clearly demonstrate the need for
social as well as legal reform. The beliefs which
undermine the credibility of prostitutes and
prevent active police protection must be changed
along with the law. Decriminalization, as will be
argued later, is a necessary first step toward
changing these attitudes.
10 These figures were taken from a presentation
made by the Vancouver Chief of Police to the
Standing Committee on Justice and Legal Affairs
in May 1982.
11 These ideas have also been expressed by the Can-
adian Organization for the Rights of Prostitutes
(CORP, 1984) and by ASP organizers.
12 Also argued in CORP (1984:5,6).
13 Street workers and hostel directors interviewed
for the CACSWstudy also felt this to be the case.
14 The prostitutes convicted under these provisions
will of course end up with criminal records. The
vast majority, however, would be able to avoid
criminalization since their behaviour does not
merit conviction under these provisions.
15 Between 1980-1982 Montreal, Calgary,Vancou-
ver, Niagara Falls and Halifax enacted by-laws
dealing with prostitution. The content of the
by-laws was quite similar. The first, enacted in
Prostitution: Three Policy Approaches 501
 Montreal in 1980, made it illegal to remain in
a public place for the purposes of prostitution, or
to approach others for the same pupose in such a
place. (In 1981 it was declared ultra vires by the
Superior Court of Quebec.) The Calgary by-law
enacted in 1981 forbade being, remaining or ap-
proaching another person on a street for the pur-
pose of prostitution. It became the model for
subsequent by-laws. In the Spring of 1983 the
Supreme Court of Canada (Westendorp v. The
Queen) found the Calgary by-law to be invalid
and ultra vires the power of the City of Calgary.
Consequently, the Calgary by-law and those
modeled after it were withdrawn.
16 The Westendorp decision, still valid in law, has
not deterred some municipalities from trying to
curtail prostitution activities. Montreal has had a
by-law in force since October 1983 which does
not mention prostitution but which prohibits
anyone from being in a public place to offer ser-
vices for a price, unless the activity is covered by
a city permit. This by-law, which was declared
legal by Quebec Superior Court in a decision
handed down on July 11, 1984, is generally used
against prostitutes. Vancouver requested an in-
terim injunction, declaring the conduct of the
West End's prostitutes a public nuisance. It was
granted on July 4, 1984 by BC Supreme Court
Justice Allan McEachern. The constitutional valid-
ity of these moves has not yet been challenged.
They do, however, violate the spirit of decrimi-
nalization.
References
Allen, Glen (1983) 'Prostitution Moves to the
Suburbs.' Pp. A-1 and A-2 in The Gazette,
Montreal, Saturday July 23.
ASP (1984) 'Prostitution.' A brief by the Alli-
ance for the Safety of Prostitutes presented
to the Special Commitee on Pornography
and Prostitution (Vancouver: ASP).
Backhouse, Constance (1984) 'Canadian Prosti-
tution Law 1839-1972.' Pp.7-18 in CACSW,
Prostitution in Canada (Ottawa: CACSW).
Barry, Kathleen (1979) Female Sexual Slavery
(New Jersey: Prentice Hall Inc.)
Boyer, D. and J. James (1980) 'Juvenile Prosti-
tution.' Pp.99-118 in Curt T. Griffiths and
Margit Nance (eds.) Female Offenders
(Burnaby, B.C.: Simon Fraser University
Criminology Research Centre).
British Columbia (1979) Third Findings on
Organized Crime in British Columbia (Vic-
toria: Ministry of the Attorney-General,
Co-ordinated Law Enforcement Unit).
Bureau of Municipal Research (BMR) (1983)
502 Frances M. Shaver
This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM
All use subject to JSTOR Terms and Conditions
Cities (Toronto: Bureau of Municipal Re-
Search).
(CACSW) Canadian Advisory Council on The
Status of Women (1984a) 'On Pornography
and Prostitution.' A Brief Presented to the
Special Commitee on Pornography and
Prostitution (Ottawa: CACSW).
(1984b) Prostitution In Canada (Otta-
wa: CACSW).
Canada (1982) The Criminal Law In Canadian
Society (Ottawa: Government of Canada,
Department of Justice).
CORP (1984) 'A Position Paper by the Canadian
Organization for the Rights of Prostitutes.'
A Brief Presented to the Special Committee
on Pornography and Prostitution (Toronto:
CORP).
Ericsson, Lars 0. (1980) 'Charges Against Pros-
titution: An Attempt at a Philosophical
Assessment,' Ethics, 90:335-366.
Forbes, G.A. (1977) Street Prostitution in
Vancouver's West End (Vancouver: Vancou-
ver Police Department).
G RIMP (1982) Rapportdu groupe de recherche-
intervention aupres des mineur(e)s prosti-
tu6(e)s (Montreal: Le Centre des services
sociaux du Montreal M6tropolitain).
Hart, Gavin (1977) Sexual Maladjustment and
Disease: An Introduction to Modern Vener-
ealogy (Chicago: Nelson-Hall Inc.).
Jaget, Claude (ed.) (1980) Prostitutes - Our
Life (Bristol, England: Falling Wall Press).
James, Jennifer et al. (1977) The Politics of
Prostitution (Seattle, Washington: Social Re-
search Associates).
Layton, Monique (1975) Prostitution in
Vancouver (1973-75) Official and Unofficial
Reports (Vancouver: Vancouver Police Com-
mission).
McLeod, Eileen (1982) Working Women: Pros-
titution Now (London: Croom Ltd.).
Platt, Priscilla (1984) 'Prostitution and the
Law Since 1972.' Pp. 19-39 in CACSW,
Prostitution in Canada (Ottawa: CACSW).
Prus, R. and S. Irini (1980) Hookers, Rounders
and Desk Clerks (Toronto: Gage).
Response (1983) Response, 6(4).
Ridington, Jillian and Barb Findlay (1981)
Pornography and Prostitution (Vancouver:
Vancouver Status of Women).
Ruffo, Andree (1983) La Prostitution des
mineurs: L 'enfant deposs&dede son enfance.
Document de base prepare pour le Conseil
consultatif canadien de la situation de la
femme (Ottawa: CCCSF).
Sion, Abraham A. (1977) Prostitution and the
Law (London: Faber and Faber).
Symanski, Richard (1981) The Immoral Land-
scape: Female Prostitution in Western
Societies (Toronto: Butterworths).
Woodward, Jean (1980) 'Prostitution from the
Inside: We Look at One Woman's Experi-
ence,' Kinesis, July.
Yandorf, Barbara (1979) 'Prostitution as a
Legal Activity: The West German Experience'
Policy Analysis, 5:4:417-433.

ANNOUNCEMENT

At l'Universite de Montreal, we offer an opportunity to obtain a graduate degree in

Economics and learn French at the same time. All the courses are given in French but many
textbooks and reading assignments are in English. In addition, examinations and term-papers
may, at the option of the student, be written in English.
The Department offers possibilities of studies in all major fields. At the Master's level, sub-
programs can be chosen. They represent different blends of course work and research, but
they are all designed to be completed in twelve months. At the Ph.D. level, a student must
follow a variable number of courses depending on his/her prior training; take qualifying exams
in micro, macro and one additional field; demonstrate competence in three additional fields,
taking one course in each; present a thesis proposal and write and defend a dissertation.
For a full-time Canadian or landed immigrant student enrolled in the Master's or Ph.D. pro-
gram, the tuition fees are $555.00 per year.
Also, a summer French school is run from the end of April to the end of August, with
variable starting dates.
If you are interested in knowing more about us, please do not hesitate to write or call. We
will send you a brochure and the formulaires:
Comite d'admission aux etudes sup6rieures
c/o Ms. Brigitte Daversin
Departement de Sciences economiques
Universite de Montreal
Case postale 6128, Succursale 'A'
Montreal, (Quebec), H3C 3J7
Tel.: (514) 343-6540

_ ___ __
I

Prostitution: Three Policy Approaches 503

This content downloaded from 188.72.126.181 on Wed, 18 Jun 2014 00:47:55 AM

All use subject to JSTOR Terms and Conditions