Archive

Tag Archives: Criminalization and Police

Abstract

The Archives de la Préfecture de Police de Paris have served as an important source base for historians of both female prostitution and male homosexuality during the nineteenth century. Although the archives often place these two forms of sexual marginality in the same series, cartons, and dossiers, historians have almost always treated the two as distinct social categories. This article argues that this separation results from an overreliance on the modern sexual identity categories that serve as our point of departure. Instead, we should approach the archive without identifying with it in order to formulate a vision of the sexual past that may or may not reflect our own sexual organization. In dialogue with a broader discourse that conflated male same-sex sexual activity with female prostitution, these archives participate in the production of a sexual category that has as much to do with the selling of sex as it does with same-sex sexual desire.

Les historiens de la prostitution féminine et de l’homosexualité masculine au dix-neuvième siècle ont abondamment utilisé les archives de la Préfecture de police de Paris. Bien que les archives situent souvent de ces deux formes de marginalité sexuelle dans les mêmes séries, cartons, et dossiers, les historiens les ont presque toujours traitées comme des catégories sociales distinctes. Le présent article affirme que cette séparation repose sur une dépendance des catégories qui fournissent le point de départ des enquêtes historiques. Le refus de s’identifier à l’archive est une étape nécessaire pour formuler une vision du passé sexuel qui peut—ou pas—refléter notre propre organisation sexuelle. En dialogue avec un discours combinant les activités sexuelles entre hommes avec la prostitution féminine, ces archives participent en effet à la production d’une catégorie sexuelle qui a autant à voir avec le commerce du sexe qu’avec le désir homosexuel.

Rachel Marshall, Sex Workers and Human Rights: A Critical Analysis of Laws Regarding Sex Work, 23 Wm. & Mary J. Women & L. 47 (2016), http://scholarship.law.wm.edu/wmjowl/vol23/iss1/5

From:

2016 Special Issue: Combating Human Trafficking Through Law and Social Policy, William & Mary Journal of Women and the Law, Volume 23 (2016-2017), Issue 1 (2016)

 

Lyons, Tara, Andrea Krüsi, Leslie Pierre, Will Small, and Kate Shannon. “The Impact of Construction and Gentrification on an Outdoor Trans Sex Work Environment: Violence, Displacement and Policing.” Sexualities, January 10, 2017, 1363460716676990. doi:10.1177/1363460716676990.

Abstract

The objective of this study was to investigate how environmental and structural changes to a trans outdoor work environment impacted sex workers in Vancouver, Canada. The issue of changes to the work area arose during qualitative interviews with 33 trans sex workers. In response, ethnographic walks that incorporated photography were undertaken with trans sex workers. Changes to the work environment were found to increase vulnerabilities to client violence, displace trans sex workers, and affect policing practices. Within a criminalized context, construction and gentrification enhanced vulnerabilities to violence and harassment from police and residents.

Künkel, Jenny. “Gentrification and the Flexibilisation of Spatial Control: Policing Sex Work in Germany.” Urban Studies, December 6, 2016, 42098016682427. doi:10.1177/0042098016682427.
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Abstract
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Gentrification has often been linked to the spatial displacement of the marginalised, including prostitutes. However, in Germany, the legal spaces of prostitution are to a certain extent defensible, and gentrification processes often cover larger parts of inner cities, leaving little room for displacement. Using the example of prostitution in Frankfurt, this paper analyses how police make sense of and shape the shifting geographies of gentrification. It shows how spatial displacement is partially subsumed by two additional police strategies: intensifying attempts to discursively appease protesting citizens, and flexibilising the containment of prostitution in the inner city (e.g. by keeping street scenes on the move and lobbying for temporary brothel licenses).
Abstract
This chapter describes my experiences of conducting research on commercial sex in Belfast, Northern Ireland, which was conducted as part of a larger British Academy–Leverhulme Trust-funded study that examined the policing and legal regulation of commercial sex in Belfast (Northern Ireland) along with three other cities: Manchester (England), Berlin (Germany) and Prague (Czech Republic). This study provided the first empirical analysis of commercial sex in the jurisdiction and was instrumental in shedding light on prevalence rates for those involved in the industry as well as providing demographic information on the age, nationality and sexual orientation of sex workers along with the sector worked in, whether on-street or off-street (Ellison 2015). While academics and researchers are now well attuned to the varieties and differences in the organisation of commercial sex both within and between jurisdictions, what is less well studied and understood are the ways in which attitudes to commercial sex are deeply embedded in local political cultures (Ellison 2015; Zimmerman 2012). In the chapter, I consider my role as a researcher and highlight some of the difficulties that I experienced conducting what was seen as controversial research in the politically, socially and culturally conservative context of Northern Ireland. In this respect, I situate the discussion within the Northern Ireland Assembly’s decision to legislate for Lord Morrow’s (of the Democratic Unionist Party, henceforth DUP) Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill that included a number of provisions to provide support to victims of human trafficking but controversially also included specific provisions to make it a criminal offence to ‘pay for the sexual services of a person’ (Clause 15) in emulation of the so-called ‘Nordic model’ of criminalisation of demand.

Hamish Stewart. The Constitutionality of the New Sex Work LawAlberta Law Review (ALR) 54(1):69-88.

Abstract

In this article, the author considers the constitutionality of Canada’s new law on prostitution: Bill C-36. When the new sex work law was first introduced into Parliament, a number of advocacy groups and commentators argued that it was unconstitutional because of its failure to respond to the concerns raised in Bedford v. Canada, a case where the Supreme Court of Canada struck down the old sex work law on the ground that its negative impact on sex workers’ security of the person outweighed its nuisance abatement objective. This author agrees that Bill C-36 may be unconstitutional, but for a different reason. The new sex work law adheres to the constitutional norms invoked in Bedford by making use of two novel policy objectives: discouraging sex work and reducing the danger of sex work to sex workers. In practice, however, these objectives are likely to conflict with one another. As a result, Bill C-36 is an incoherent piece of legislation that may be unconstitutional for creating arbitrary and grossly disproportionate effects on the security of the person of sex workers.

Abstract

This article examines the vicissitudes that affect the migration trajectories of many Nigerian women who experienced trafficking before arriving in Italy, and end up in Centers for Identification and Expulsion (CIE) for undocumented migrants. Their life stories, collected within the CIE of Ponte Galeria (Rome), revealed violence as “a rule of action” with which these women are obliged to cope with at different levels. Moreover, they highlighted the failure of traditional security approaches to human trafficking, and the necessity to rethink the measures adopted to ensure survivors’ protection and rights. As it is conceived, the system of immigration control prevents the full guarantee of survivors’ rights, often labelling them as “illegal migrants”. Finally, there is the need to extend protection to all survivors of human trafficking even if the crime against them has not happened in Italy.