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

punishable by death[4]
to being legal and regulated as an occupation.

While the legality of adult prostitution varies between jurisdictions, the

prostitution of children
is illegal nearly everywhere in the world.

In 1949, the

the Netherlands,[6] New Zealand,[7] Greece[8] and Turkey[9]
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

Main article: 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

child labor. This convention
, adopted in 1999, provides that countries that had ratified it must eliminate the practice urgently. It enjoys the fastest pace of ratifications in the ILO's history since 1919.

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

Mexico have been identified as leading hotspots of child sexual exploitation.[12]

Human trafficking

Main article: 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 report by the

the Netherlands, Germany, Italy, Turkey and the United States.[14] The major sources of trafficked persons are Thailand, China, Nigeria, Albania, Bulgaria, Belarus, Moldova, and Ukraine.[14] Victims of cybersex trafficking are transported and then coerced to perform sexual acts and or raped in front of a webcam on live streams[15][16][17] that are often commercialized.[18]

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

member states of the European Union; of these, 69% were victims of sexual exploitation.[21]

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

Convention against Transnational Organized Crime and defines human trafficking as the "recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation."[23] For this reason, threat, coercion, or use of force is not necessary to constitute trafficking, the exploitation of an existing vulnerability – such as economic vulnerability or sexual vulnerability – is sufficient. Sigma Huda, UN special reporter on trafficking in persons, observed that "For the most part, prostitution as actually practiced in the world usually does satisfy the elements of trafficking."[24][25] However Save the Children see explicit trafficking and prostitution as different issues: "The issue [human trafficking] however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. From this standpoint then, trafficking and prostitution become conflated with each other".[26]

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

patriarchal social structures and power relations between men and women.[27]
William D. Angel finds that "most" prostitutes have been forced into the occupation through poverty, lack of education and employment possibilities.[28] Kathleen Barry argues that, "there should be no distinction between "free" and "coerced", "voluntary" and "involuntary" prostitution, since any form of prostitution is a human rights violation, an affront to womanhood that cannot be considered dignified labour".[29] France's Green Party argues: "The concept of "free choice" of the prostitute is indeed relative, in a society where gender inequality is institutionalized".[30] The proponents of the abolitionist view hold that prostitution is a practice which ultimately leads to the mental, emotional and physical destruction of the women who engage in it, and, as such, it should be abolished. As a result of such views on prostitution, Sweden,[7] Norway[31] and Iceland[32] have enacted laws which criminalize the clients of the prostitutes, but not the prostitutes themselves.

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

social benefits such as pensions.[34] As a result of such views on prostitution, countries such as Germany,[6] the Netherlands[7] and New Zealand[7]
have fully legalized prostitution. Prostitution is considered a job like any other.

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

U.S Constitution that has not yet been ratified. It would guarantee that equal rights could not be denied under the law on account of sex.[40] With this amendment in place, it would allow for sex workers and victims of human sex trafficking to have legal leverage when it comes to the discrepancies in how men and women (customers and prostitutes) are prosecuted. This is due to the fact that there would be legal grounds to argue the unequal legal treatment on account of sex, which is not currently outlawed by the U.S constitution. Although there are other acts and laws that protect against discrimination based on a variety of categories and identities, they are often not substantial enough, provide loopholes, and do not offer adequate protection.[41] This connects to liberal feminism and the more individualistic approach that comes with this theory. Liberal feminists believe that there should be equality between the sexes and this should be gained through equal legal rights, equal education, and women having "greater self value as individuals".[42]
This theory focuses on equality at a more individual level as supposed to rethinking legal systems themselves or systems of gender, just as the ERA works for the equality of sexes within an existing system.

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

the Netherlands, Germany, Italy, Turkey, the Middle East (Israel, the United Arab Emirates), Asia, Russia and the United States.[49][50]

Americas

Mobster Charles "Lucky" Luciano was convicted of compulsory prostitution and running a prostitution racket in the US in 1936.
See also:
Female homicides in Ciudad Juárez

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

Secretary of State Colin Powell said that "[h]ere and abroad, the victims of trafficking toil under inhuman conditions – in brothels, sweatshops, fields and even in private homes."[54] In addition to internationally trafficked victims, American citizens are also forced into prostitution. According to the National Center for Missing and Exploited Children, "100,000 to 293,000 children are in danger of becoming sexual commodities."[55]

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

Syrian Civil War. The clients come from wealthier countries in the Middle East.[63] High prices are offered for virgins.[63][64]

Asia

In Asia,

child prostitutes in the Philippines, describing Angeles City brothels as "notorious" for offering sex with children.[70]

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]

North Korea

Main article: Prostitution in North Korea

There have been allegations that the North Korean state engages in forced prostitution. It has been suggested that girls as young as 14 years old are drafted to work in the

prostitution of children. Other kippŭmjo activities are massaging and half-naked singing and dancing. According to the same source from April 2005, "60 to 70% of [North Korean] defectors [in the People's Republic of China] are women, 70 to 80% of whom are victims of human trafficking." North Korean authorities are said to severely punish or even kill repatriated prostitutes and kill their Chinese-fathered children, born and unborn alike.[76]

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

Diogenes Laërtius[81] he was ransomed by one of the friends of Socrates. He prominently appears in Plato's dialogue Phaedo
which takes its name from him, and later became a major philosopher in his own right.

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

See also:
Crimean slave trade

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

a sex slave trade that was still ongoing in the early 20th-century.[82]

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

personal sex slave, prostitution was practiced by a pimp selling his female slave on the slave market to a client, who returned his ownership of her after 1-2 days on the pretext of discontent after having had intercourse with her, which was a legal and accepted method for prostitution in the Islamic world.[83]
This form of prostitution was practiced by for example Ibn Batuta, who acquired several female slaves during his travels.

War of Canudos in Brazil

The

Salvador
. [86]

Nazi Germany

Main articles: German military brothels in World War II and German camp brothels in World War II

round ups called łapanka or rafle.[89][90]

In

Jewish women forced into such prostitution - even though German soldiers having sex with them thereby violated the Nazis' own Nuremberg Laws
.

Comfort women

ethnic Chinese woman from one of the Imperial Japanese Army's "comfort battalions" is interviewed by an Allied
officer.
Main article: Comfort women

Comfort women is a euphemism for women working in military brothels, especially by the Japanese military during World War II.[93][94]

Around 200,000 are typically estimated to have been involved, with estimates as low as 20,000 from some Japanese scholars

Burma, then New Guinea, Hong Kong, Macau, and what was then French Indochina.[99]

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.[100] It has been documented that the Japanese military itself recruited women by force.[101] However, Japanese historian Ikuhiko Hata stated that there was no organized forced recruitment of comfort women by the Japanese government or military.[102]

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.[103]

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.[104]

Religious attitudes

See also: Sacred prostitution

International legislation

See also

Notes

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  99. ^ Reuters & 2007-03-05.
  100. ^ Yoshimi 2000, pp. 100–101, 105–106, 110–111;
    Fackler 2007-03-06;
    BBC 2007-03-02;
    BBC 2007-03-08.
  101. ^ van Buitenlandse zaken 1994, pp. 6–9, 11, 13–14
  102. ^ Hata Ikuhiko, NO ORGANIZED OR FORCED RECRUITMENT: MISCONCEPTIONS ABOUT COMFORT WOMEN AND THE JAPANESE MILITARY (PDF), hassin.sejp.net, archived from the original (PDF) on 4 September 2008, retrieved 15 December 2008 (First published in Shokun May 2007 issue in Japanese. Translated by Society for the Dissemination of Historical Fact).
  103. ^ According to journalist Satoshi Ikeuchi: "Even though the forcible recruitment of women was not systematically implemented, the (Japanese) government should acknowledge its moral responsibility if any single woman victimized by the private operators through fraud, exploitation, violence or other acts of intimidation comes forward to tell her story. The government should do so because the military gave consent to set up brothels for soldiers and had responsibility for overseeing them.» «In this context, the issue of the so-called comfort women was invested with extreme importance as the epitome of Japanese sin from the viewpoint of some and became the focal point of contention, The excessive effort by leftists and liberals in politicizing this issue as one of the few means left to shake conservative dominance, by extending the notion of coercion to the extreme, resulted in alienating a large part of the nation. Their open intention to collude with rising tides of hostile nationalism in Korea and China also hardened the minds of many in Japan." 25 April 2007. Satoshi Ikeuchi, Overcoming postwar mind-set, Daily Yomuri Online, 25 April 2007.
  104. ^ Onishi 2007-03-08

References
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