New Zealand Decrim - Possible Example for Canada & U.S.

New Zealand Decrim - Possible Example for Canada & U.S.

In my view much of the failure to decriminalize (decrim) private consenting adult sexwork in the U.S. is the street hooker issue. In Canada its been an obstacle for reforming the bawdy house and agency restrictions. New Zealand maybe has a balanced approach we can learn from and help reform movements in the U.S. and Canada.

New Zealand's public pressure to reverse decrim of street hookers.

New Zealand is used as an example by the decrim advocates of what they want to achieve in Canada and other countries. The decrim zealots want to make street solicitation legal which is a failed concept in almost all of the world where its been tried. Even special zones set up in Europe have mostly resulted in more crime, child trafficking and have been failures.

Yet the decrim zealots want to force the public to accept street hookers rights to be "in the face" of the public, regardless of how upset the public is.

Since private sexwork, with various restrictions for incalls, is already legal in most of the world except the U.S. the decrim issue in most countries centers on public street hookers.

Press Release: Manukau City Council (3rd largest city in New Zealand)
24 November 2005

Manukau City Council is seeking strong support from all MPs for the successful passage through Parliament of two local bills on prostitution which were introduced to the House on 22 November. The bills will undergo their first reading on 7 December and if successful will be referred to a select committee.

Mayor Sir Barry Curtis who has advocated long and hard on both issues says, “I appeal to Manukau residents: if you want change, lobby your local MP on both issues. In September a rally was held at Hunters Corner against prostitution and a petition was signed supporting both bills which has been sent to Parliament.

“You have the power to help bring about change and clean up your environment. Wednesday 7 December is our biggest hurdle to clear. We need to raise awareness of the bills’ importance for our city and gain support of MPs so that they pass their first reading. I, along with Councillors and Council officials, will be continuing to lobby hard to bring about change to improve the quality of life for our residents. “This week I am sending a letter to the Prime Minister, Ministers of the Crown and all Members of Parliament summarising the bills and requesting their support.”

The Local Bill on street prostitution aims to give authorities the powers to prevent street prostitution by prohibiting soliciting in public places in Manukau City. This applies to both street prostitutes and their clients and to nuisance conduct connected with street prostitution. It also provides Police with powers to request information, to issue instant fines of $500, to arrest suspected offenders, and to prosecute offenders in Court that may result in a fine of up to $10,000.

Sir Barry says, “The Bill is part of a multi-pronged approach to limit prostitution to legally established brothels. The Bill does not re-criminalise prostitution in the whole of the City. Prostitution would continue within safe, regulated and lawfully established brothels (outcalls have always been legal of course as in most of the world except the U.S.). Street prostitution is not conducive to any of the aims of the Prostitution Reform Act 2003, which aims to safeguard the health and safety of sex workers and limit persons in that industry to those over 18 years of age.”

Continued
 
Continued

The Prostitution Reform Act 2003 made ALL adult prostitution and brothels a legal occupation in New Zealand but may have too many restrictions on brothels. In fact the government has online their "Brothel Operator Certificates." There are reasonable health and safety requirements such as using condoms, local bylaws can restrict signage and brothel locations, and a provision to outlaw pimping. The entire Act is at http://www.sexinnz.co.nz/news2.htm#REFORM ACT 2003

The Accident Compensation Corporation (like our Workers Compensation) says," Both prostitutes and brothels will come under the ACC classification for "personal services not elsewhere classified" which is the category that also covers massage parlours. This classification falls within the broader Levy Risk Group 690, Personal and Other Services – Medium Risk Group.

ACC will cover the normal range of injuries, as it does already. Cover is unlikely to be available for sex workers who become pregnant in the course of their employment as this would not be considered a personal injury under the Injury Prevention, Rehabilitation, and Compensation Act 2001. But it may be available for a sexually transmitted infection if the tests are met that are set out in Section 30 IPRC Act 2001 for work-related gradual process, disease or infection."

However there is great concern that it also decriminalized street hookers and the legal situation is unclear. Section 14 of the Act allows local governments to make bylaws "regulating the location of brothels of any scale, but not extending to other businesses of prostitution." It was hoped that by making brothels legal women would choose to work from their own homes (as allowed as home business in zoning rules) and get off the streets. But after the Reform Act there are still many street hookers which it seems can't be restricted under the Act.

Dave says, this idea could be used for reform laws in Canada (and hopefully some day in the U.S.) Instead of insisting on total decriminalization, realize the overall public view that private consenting adult sex should not be a legal issue, yet public street soliciting is a huge public nuisance issue. Therefore, increase penalties for street solicitation, while providing safe legal alternatives.

In addition programs should be expanded to provide drug rehab for street hookers with diversion programs that would eliminate criminal street solicitation convictions. Provide help to the street hooker, who usually is desperate for drug money be a responsible citizen who can choose to work if she chooses in a safe incall or private sexwork as an option. But not stoned and not on the streets

In Canada, abolish the bawdy house law and make incalls subject to the same type of zoning requirements as any other legitimate business. Eliminate the living off the avails and procuring laws that can be used against agencies, but keep them for parasitic pimp type relationships.

Another concern with reforms that include legalization of brothels (vs. decriminalization) is in some countries requirements for legal brothels is too restrictive. In most of the world private sexwork has always been legal and without any medical testing or in most cases licensing requirements. There is no evidence that private sexwork has any above average health risks - in fact risk is probably far lower than having sex with a non sexworker.

The licensing and medical requirements may make some folks feel good but they are totally unneeded for public health issues. Yes include in the law that condoms are required. That is as far as a law should go.
 

yoniluvrca

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Peace4u said:
Does it worry you that in many parts of the world,even in the U.S and canada,many gals are being used in the sex trade industry against there will?
So what is a good christian like you doing cruising an escort review board?

Looking for Mary Magdalen?
 
Peace4u said:
Does it worry you that in many parts of the world,even in the U.S and canada,many gals are being used in the sex trade industry against there will?
That is not consenting adult sexwork that I support. Of course that would always be illegal i.e. kidnapping or pimping.

Maybe more common with street hookers with pimps and in third world countries but rare here. I am sure this happens but has been overly blown out of proportion by anti groups.

I've never met one or heard of one against her will. Other than when the EE's were kidnapped and held captive till they call police and the pimp/kidnapper in jail as he should be.
 
Peace4u said:
Does it worry you that in many parts of the world,even in the U.S and canada,many gals are being used in the sex trade industry against there will?
Is All this Sex Trafficking emotional issue overblown vs. the facts?
Good show on Canadian SexTV:
The situation of migrant sex workers in the West may be much debated, but it is little researched. While generalizations about human trafficking and sex slaves abound in the media, the situations of many of the women who emigrate and end up doing sex work are much more complicated than is usually assumed. Many of the women choose to migrate in order to seek out a better life, more money or even adventure. SexTV speaks to both scholars and activists about the complexities surrounding migrant sex work at http://www.qtonline.com/archives/episodeArchivesDisplay.asp?episodeID=90&segmentID=226&seasonID=6

The show interviews many activists in Europe etc who say the majority of these sex slave trafficked women are very much choosing their profession and know what they are doing. Yes, they often pay off big debts to their handlers and work long hours, like the Eastern Europeans in Toronto.

But they are choosing this option and benefit from it in the long term. The media is over blowing the negativism toward trafficking that is filling the media often from those that think sex is dirty and terrible unless in a monogamous married relationship. Yes, I am sure there are abuses and real trafficking going on. That should be a crime if not consenting adults. But it has nothing to do with most prostitution. Trafficking is not what the media has made it out to be with the negative bias against "prostitution" in any form.

On the other hand there does seem to be more and more under aged involvement such as:
Conference at UT focuses on prostitution, sex trade http://toledoblade.com/apps/pbcs.dll/article?AID=/20050930/NEWS21/509300360/-1/NEWS all about ""Pimps, predators, pedophiles"
Maybe this is expected since teen age girls more and more don't see sex as such a big terrible thing like they are "supposed to" until the reach age 18.

These programs are not about "prostitution". They are about the brutality of human trafficking when the women do not give fully informed consent and about under aged prostitution, not the consenting adult private sexwork that accounts for probably about 90% of all sexwork at least in the West.

But this is what is what the public hears about prostitution, not the 90% private adult sexworkers that almost no one except the religious right wants to waste police and court resources going after for what they do in private with consenting adults and which is legal with no major secondary effects issues in almost all the world except the U.S.
 
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