APLE
Explains Reforming
Hawaii's
Prostitution Laws
Why should Hawaii's prostitution laws be reformed?
APLE believes laws should further some legitimate interest of the
community and not simply harass citizens designated as outcasts. Criminal
prostitution laws are a hold over from an era when there were laws
against sodomy and adultery, and debtors were sent to prison. Today
laws against prostitution are defended on the grounds that they keep
prostitutes from walking the streets and offending people who don't
want to see them there. However, these laws are ineffectual at preventing
prostitution and in fact, make it more difficult to address the harms
of prostitution since they simply drive the problems underground.
What do the different terms such as legalization, defacto
legalization, and decriminalization mean?
Decriminalization means a simple repeal of existing criminal laws.
Prostitution would be legal in that it was no longer illegal. In such
a model prostitutes and their customers would not be subject for arrest
unless they engaged in other illegal activities such as assault or
theft. Pimps and others who abuse and exploit prostitutes would still
be held accountable for their harmful actions. Legalization refers
to setting up a regulated system of prostitution such as is now seen
in Nevada. "Defacto" legalization means a regulated system
is set up without bothering to remove laws forbidding such a system.
Between 1930 and 1944 Hawaii had a defacto legal system of prostitution.
Prostitution laws existed, but the police and the military regulated
brothels in the Hotel Street and River Street area.
So how can neighborhoods keep prostitutes from creating trouble
in their area?
The so called "prostitute free zones" ballyhooed by the
government were designed to force prostitutes out of certain parts
of the city. This attempt at zoning created new problems because there
was no clear idea where prostitutes would go when they moved. Instead
of prostitutes working in commercial areas late at night many moved
into quiet residential areas where noise and other issues bothered
residents. The government has not come to grips with the simple fact
that illegal activities cannot be effectively zoned. Only the establishment
of legal zones could be effective as a zoning measure.
Isn't decriminalizing prostitution an untried and potentially
problematic idea?
No. Regulated legal prostitution, defacto legal prostitution, and
unregulated non criminal prostitution have been widespread throughout
history. Pacific neighbors Australia and New Zealand and many countries
in Europe and Asia have legal systems of prostitution. Among US states
only Nevada has no state law banning prostitution, but it should be
remembered that Hawaii had de-facto legalization until 1944.
Would bringing back the regulated system Hawaii had during
World War II be a good idea?
There are many advocates of a regulated brothel system. It tends to
allow communities to keep the industry from spreading into unwanted
areas. Generally problematic are the working conditions for prostitutes.
Regulations seldom take their well being and individual rights into
consideration. In Hawaii's system the police made such rules as a
prostitute may not visit Waikiki Beach, patronize any bars or better
class cafes, own property or an automobile, have a steady "boyfriend",
marry service personnel, attend dances, and so forth. Substantial
fees were paid by the brothels to the vice squad. The chief of police
had to give his permission to anyone who wanted to open a brothel.
Many prostitutes chaffed at the arbitrary rules made by the police.
There was actually a three week strike. The military supported much
of the demands for change the working women demanded and the strike
was settled largely in their favor.
APLE is not in favor of systems of prostitution that deny persons
working in this industry the rights enjoyed by other citizens.
How should prostitution be addressed to protect the community?
We should first recognize that the current criminal model has done
nothing to protect the community. It has wasted valuable police resources,
harmed persons working in this industry, created opportunities for
official corruption, and done nothing constructive to create the type
of zoning that communities seem to desire. Off street prostitution
that goes on in massage parlors, hostess bars, and through escort
services already is subject to the same business rules and zoning
that the government can apply to all businesses. Streetwalking can
be zoned out of residential areas if alternative areas are available.
The criminal laws don't help.
What about public health concerns? Shouldn't prostitutes be
routinely tested for sexually transmitted diseases?
You don't need laws to ensure public health. No one has a greater
vested interest in avoiding sexually transmitted diseases than prostitutes.
Hawaii has a very good system of health outreach workers providing
STD counseling and prevention to this population. Hawaii's prostitutes
have a low rate of disease. There is no need to force people to take
basic precautions that may save their own lives. It is the clients
who most often insist on practicing unsafe sex and who usually are
the vectors of transmission to sex workers, not the other way around.
What about the clients or "Johns"? Aren't they the source
of this whole industry? Why don't we just arrest them?
Johns are the source of the industry, but that doesn't mean they should
be arrested either. In the first place unless they assault or otherwise
abuse a prostitute they are engaging in a consensual act. If the prostitute
feels compelled to meet a quota by a pimp or is in need of money to
feed a drug habit arresting her customers will most likely cause her
to turn to thievery or other acts much worse for society than prostitution.
By eliminating the current prostitution law it should become easier
for prostitutes to report to the police when they have been abused
by a john or a pimp.
What about the effect of prostitution on tourism? Shouldn't
we worry that too many prostitutes in Waikiki will harm our visitor
industry?
There are some tourists who don't like seeing prostitutes just as
there are others who patronize them. To our knowledge no scientific
study of visitor attitudes towards this industry has ever been done.
It does seem troubling that a society would be willing to imprison
people simply because they don't fit into some other person's marketing
plan.Don't prostitutes offend people by soliciting them for sex on
the street?
Yes, but this is no more a crime than the hundreds of other types
of solicitation we are all subjected to. Women receive unsolicited
and unwanted sexual advances from men as a routine part of their lives.
Why is it that when a woman does the soliciting the "offense"
is so unacceptable that she should be sent to jail?
Bill to legalize prostitution looks for more support 2/12/07
Questions and Answers About Prostitution
Prostitution
and The Visitor Industry:
Libertarian
View
9-27-07
Honolulu
Star Bulletin:
Police in Drag
Chinatown Entrapment
Response
Flawed Theory and Method in Studies of Prostitution by Ronald Weitzer, George Washington University
Anti-Trafficking
Rhetoric and the Making of a Global Apartheid
by
Nandita Sharma
Taking
The Pledge: Bush Administration Stops HIV Funding for Sex Worker Organizations:
Airs on Olelo
Community Television-Watch Now!
A Response to Janice Raymond's "10 Reasons for Not Legalizing Prostitution"
New Zealand Prostitution Reform Act 2003
Australian Capital Territory-Prostitution Regulation 1993
Committee to Decriminalise Prostitution in South Australia 1996 (not in effect)
Summaries
APLEHawaii website
by carol@bayswan.org