Forced prostitution
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Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.[1][2]
Legal situation
Forced prostitution is illegal under
While the legality of adult prostitution varies between jurisdictions, the
In 1949, the
some forms of prostitution and pimping are legal and regulated as professional occupations.The Thirteen Amendment abolished slavery in the United States of America. "We see forced prostitution and slavery intertwining because they are similar. When slavery was illegal, they were forced into hard labor, and we see women being forced to perform sexual activities for their 'masters' or 'pimps.'"[2]
Child prostitution
Child prostitution is considered inherently non-consensual and exploitative, as children, because of their age, are not legally able to consent. In most countries child prostitution is illegal irrespective of the child reaching a lower statutory age of consent.
State parties to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography are required to prohibit child prostitution. The Protocol defines a child as any human being under the age of 18, "unless an earlier age of majority is recognized by a country's law". The Protocol entered into force on 18 January 2002,[10] and as of December 2013, 166 states are party to the Protocol and another 10 states have signed but not yet ratified it.[10]
The
In the United States, the Victims of Trafficking and Violence Protection Act of 2000 classifies any "commercial sex act [which] is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age" to be a "Severe Form of Trafficking in Persons".[11]
In poorer nations, child prostitution remains a serious issue; tourists from the
Human trafficking
Trafficking of women and children (and, more rarely, young men) for prostitution is a violation of human rights, but labor trafficking is probably more ´´widespread´´.[citation needed]
Evidence can be found in field studies of trafficking victims across the world and in the simple fact that the worldwide market for labor is far greater than that for sex. Statistics on the "end use" of trafficked people are often unreliable because they tend to overrepresent the sex trade.[13]
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Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery. According to a 2007 report by the
A 2010 United Nations Office on Drugs and Crime report estimates that globally, 79% of identified victims of human trafficking were trafficked for sexual exploitation, 18% for forced labor, and 3% for other forms of exploitation. In 2011, preliminary European Commission in September 2011 similarly estimated that among human-trafficking victims, 75% were trafficked for sexual exploitation and the rest for forced labor or other forms of exploitation.[19]
Due to the illegal nature of prostitution and the different methodologies used in separating forced prostitution from voluntary prostitution, the extent of this phenomenon is difficult to estimate accurately. According to a 2008 report by the
In 2004, The Economist claimed that only a small proportion of prostitutes were explicitly trafficked against their will.[6]
Elizabeth Pisani protested against the perceived hysteria around human trafficking preceding sport events such as the Super Bowl or FIFA World Cup.[22]
The
Attitudes towards whether prostitution can ever be voluntary
With regard to prostitution, three worldviews exist: abolitionism (where the prostitute is considered a victim), regulation (where the prostitute is considered a worker) and prohibitionism (where the prostitute is considered a criminal). Currently all these views are represented in some Western country.
For the proponents of the abolitionist view, prostitution is always a coercive practice, and the prostitute is seen as a victim. They argue that most prostitutes are forced into the practice, either directly, by
In contrast to the abolitionist view, those who are in favour of legalization do not consider the women who practice prostitution as victims, but as independent adult women who had made a choice which should be respected. Mariska Majoor, former prostitute and founder of the
In its understanding of the distinction between sex work and forced prostitution,[35] the Open Society Foundations organization states: "sex work is done by consenting adults, where the act of selling or buying sexual services is not a violation of human rights".[36]
Legal discrimination
Sexual discrimination happens to those who work both in sex work and forced prostitution. Historically, crimes involving violence against women and having to do with prostitution and sex work have been taken less seriously by the law. Although acts such as the Violence Against Women Act have been passed to take steps toward preventing such violence, there is still sexism rooted in the way that the legal system approaches these cases. Gender based violence is a serious form of discrimination that has slipped through many cracks in the legal system of the United States.[37] These efforts have fallen short due to the fact that there is no constitutional protection for women against discrimination.
There is often no evidence, according to police, that when men are arrested for soliciting a prostitute that it is a gender based crime. However, there are large discrepancies between the arrests of prostitutes and the arrests of men caught in the act. While 70% of prostitution related arrests are of woman prostitutes, only 10% of related arrests are men/customers.[38] Regardless if the girl or woman is either underage or forced into the exchange, she is still often arrested and victim blamed instead of being offered resources. The men who are charged with engaging in these illegal acts with woman who are prostitutes are able to pay for the exchange and therefore are usually able to pay for their release while the woman may not be able to. This generates a cycle of violence against women, as the situation's outcome favors the man. In one case, a nineteen-year-old woman in Oklahoma was charged with offering to engage in prostitution when the woman was known to have previously been a victim of human sex trafficking.[39] She is an example of how the criminalization of prostitution often leads to women being arrested multiple times due to the fact that they are often punished or arrested even when the victim of a situation.[39] Young women and girls have a much higher likelihood of getting arrested for prostitution than boys in general, and woman victims of human trafficking often end up being arrested upon multiple occasions, being registered as a sex offender, and being institutionalized. The lack of rehabilitation given to women after experiences with human sex trafficking contributes to the cycles of arrests that most woman who engage in prostitution face.
The ERA or
Global situation
Europe
In Europe, since the fall of the Iron Curtain in 1991, the former Eastern bloc countries such as Albania, Moldova, Bulgaria, Russia, Belarus and Ukraine have been identified as the major source countries for trafficking of women and children.[43][44] Young women and girls are often lured to wealthier countries by the promises of money and work and then reduced to sexual slavery.[45] It is estimated that two thirds of women trafficked for prostitution worldwide annually come from
Americas
In Mexico, many criminal organisations lure, and capture women and use them in brothels. Once the women become useless to the organisations, they are often killed. Often, the criminal organisations focus on poor, unemployed girls, and lure them via job offerings (regular jobs), done via billboards and posters, placed on the streets. In some cities, like Ciudad Juárez, there is a high degree of corruption in all levels on the social ladder (police, courts, ...) which makes it more difficult to combat this criminal activity. Hotels where women are kept and which are known by the police are often also not raided/closed down by police. Nor are the job offerings actively investigated.[51] Some NGO's such as Nuestras Hijas de Regreso a Casa A.C. are trying to fight back, often without much success.
In the US, in 2002, the US
In Prison
Transgender women in male prisons deal with the risk of forced prostitution by both prison staff and other prisoners. Forced prostitution can occur when a correction officer brings a transgender woman to the cell of a male inmate and locks them in so that the male inmate can rape her. The male inmate will then pay the correction officer in some way and sometimes the correction officer will give the woman a portion of the payment.[56] The prisoners serving as customers for these women are informally referred to as "husbands". Trans women who physically resist the customer's advances are often criminally charged with assault and placed in solitary confinement, the assault charge then being used to extend the woman's prison stay and deny her parole.[57] This practice is known as "V-coding", and has been described as so common that it is effectively "a central part of a trans woman's sentence".[58]
Middle East
Eastern European women are trafficked to several Middle Eastern countries, including Turkey and the United Arab Emirates.[59] Until 2004, Israel was a destination for human trafficking for the sex industry.[60]
A high number of the Iraqi women fleeing the
Asia
In Asia,
For the last decade it has been estimated that 6,000 - 7,000 girls are trafficked out of Nepal each year. But these numbers have recently risen substantially. Current numbers for girls trafficked out of the country are now 10,000 to 15,000 yearly. This is compounded as the US Central Intelligence Agency states that most trafficked girls are currently worth, in their span as a sex-worker, approx $250,000 (USD) on the sex-trades market.[71]
In Southern India & eastern Indian state of Odisha, devadasi is the practice of hierodulic prostitution, with similar customary forms such as basavi,[72] and involves dedicating pre-pubescent and young adolescent girls from villages in a ritual marriage to a deity or a temple, who then work in the temple and function as spiritual guides, dancers, and prostitutes servicing male devotees in the temple. Human Rights Watch reports claim that devadasis are forced into this service and, at least in some cases, to practice prostitution for upper-caste members.[73] Various state governments in India enacted laws to ban this practice both prior to India's independence and more recently. They include Bombay Devdasi Act, 1934, Devdasi (Prevention of dedication) Madras Act, 1947, Karnataka Devdasi (Prohibition of dedication) Act, 1982, and Andhra Pradesh Devdasi (Prohibition of dedication) Act, 1988.[74] However, the tradition continues in certain regions of India, particularly the states of Karnataka and Andhra Pradesh.[75]
History
Forced prostitution has existed throughout history. It is said to be the oldest form of slavery. [citation needed]
Slavery and prostitution – the example of Phaedo of Elis
The case of Phaedo got special attention due to these exceptional circumstances. Countless other slaves, male and female, were less lucky and lived out their lives in perpetual prostitution. The institution of slavery left a master with no need to ask a slave's consent for sex. Masters could and often did force their slaves into sex, but also had the option of forcing the slave into lucrative prostitution. Not only did the slaves have no choice about it, but they did not benefit from the payment clients made for their sexual services – it went into the master's pocket.
Middle East
In the Islamic world, sex outside of marriage was normally acquired by men not by paying for temporary sex from a free sex worker, but rather by personal sex slave called
Traditionally, prostitution in the Islamic world was historically practiced by way of the pimp temporarily selling his slave to her client, who then returned the ownership of the slave after intercourse. The Islamic Law formally prohibited prostitution. However, since Islamic Law allowed a man to have sexual intercourse with his
War of Canudos in Brazil
The
Nazi Germany
In
Comfort women
Comfort women is a euphemism for women working in military brothels, especially by the Japanese military during World War II.[92][93]
Around 200,000 are typically estimated to have been involved, with estimates as low as 20,000 from some Japanese scholars
Young women from countries under Japanese Imperial control were reportedly abducted from their homes. In some cases, women were also recruited with offers to work in the military.[99] It has been documented that the Japanese military itself recruited women by force.[100] However, Japanese historian Ikuhiko Hata stated that there was no organized forced recruitment of comfort women by the Japanese government or military.[101]
The number and nature of comfort women servicing the Japanese military during World War II is still being actively debated, and the matter is still highly political in both Japan and the rest of the Far East Asia.[102]
Many military brothels were run by private agents and supervised by the Korean Police. Some Japanese historians, using the testimony of ex-comfort women, have argued that the Imperial Japanese Army and Navy were either directly or indirectly involved in coercing, deceiving, luring, and sometimes kidnapping young women throughout Japan's Asian colonies and occupied territories.[103]
Religious attitudes
International legislation
- ILO Forced Labour Convention, 1930 (No. 29)
- ILO Abolition of Forced Labour Convention, 1957 (No. 105)
- ILO Minimum Age Convention, 1973 (No. 138)
- ILO Worst Forms of Child Labour Convention, 1999 (No. 182)
See also
- Comfort women
- Debt bondage
- Forced labour
- Human trafficking
- Trafficking of children
- International Day to End Violence Against Sex Workers
- Legality of prostitution
- Exploitation
- Prostitution
- Prostitution (criminology)
- Rochdale sex trafficking gang
- Wartime sexual violence
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{{cite news}}
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