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Kotiswaran, Prabha. „Do Feminists Need an Economic Sociology of Law?“ Journal of Law and Society 40(1) (2013): 115–36. https://doi.org/10.1111/j.1467-6478.2013.00615.x.
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Abstract
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Feminist legal scholars have long exposed the mutually constitutive relationship between the market and the social sphere, particularly, of the family, as mediated by the state. A peculiar division of labour has emerged in American feminist legal theorizing on the market in the context of care work, on the one hand, and sex work on the other. Care is valorized, thus entrenching the family‐market dichotomy while the sex‐work debates view the market as a source of harm and violence and therefore to be eliminated from the social. This produces a problematic feminist understanding of the market and generates legal reforms that produce unintended consequences for women themselves. The article offers an economic sociology of law pursued in legal ethnographic terms as a way of revitalizing contemporary feminist legal thought on the market and, indeed, the economy, illustrating its use in the context of international anti‐trafficking law and transnational surrogacy.

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Sex workers have reported a history of stigma associated with their identity and labor, which has resulted in numerous barriers to justice, social services, and healthcare. The current study aimed to experimentally investigate the effects of sex work stigma on observers’ victim blame and empathy toward sexual assault survivors. The participants included 197 undergraduate students from the Midwestern US who were randomly assigned to read a newspaper article reporting a sexual assault in which the victim’s identity was manipulated as a sex worker or a non-sex worker between the conditions. Results indicated participants assigned to the article describing the rape of a sex worker responded to the article with statistically less victim empathy and more victim blame than participants who read an article describing the rape of a non-sex worker. Integrating stigma theory and qualitative research on sex work stigma, the implications of the results demonstrate a significant barrier sex workers may face within the criminal justice system when reporting acts of violence against them. Recommendations for sex work decriminalization, changing the conversation of academic discourse on sex work, and educational initiatives are proposed to reduce the stigma of this marginalized population.

Abstract

The Legal Aid Society’s Exploitation Intervention Project (EIP) represents most individuals prosecuted for violating New York State prostitution laws. EIP also represents survivors of trafficking into prostitution and works to clear charges from their criminal records if they were a result of having been trafficked. Urban researchers gathered data from both groups of EIP clients to describe who is facing arrest in New York City for prostitution and who has faced arrest and prosecution for prostitution in the past. This study explores the background and needs of EIP clients, in addition to the challenges these clients face within the criminal legal system.

Full report available here.

Hynson, Rachel. “Count, Capture, and Reeducate”: The Campaign to Rehabilitate Cuba’s Female Sex Workers, 1959–1966, in: Journal of the History of Sexuality 24, 1, January 2015
pp. 125-153

In 1964 Cuba’s fledgling movie industry collaborated with Soviet filmmakers to create Soy Cuba (I am Cuba), a dizzying expressionist tale of four Cubans whose problems were ameliorated by the revolution. One vignette features María, a young prostitute abandoned by her boyfriend after he finds her entertaining a US businessman.1 The film insinuates that sex workers, once victims of US imperialism and capitalism, were rescued and reeducated by the government campaign against prostitution.2 However, Soy Cuba received a cool reception on the island. Moviegoers and critics rejected the dream-like aesthetic of the film and demanded more “realistic” depictions of their revolution.3 This perceived disconnect between cinematic representation and revolutionary reality parallels the disjuncture between the official discourse on prostitution and the complex experiences of female sex workers in early revolutionary Cuba. [End Page 125]

The Cuban government and the standard historical accounts both describe the campaign to rehabilitate prostitutes as one of the great successes of the revolution, a monolithic movement that supposedly originated at the top and was implemented uniformly across the island.4 But this story obscures the lived experiences of state officials, provincial reformers, and sex workers who participated in a campaign that was complex, diverse, and conflictive. The campaign officially lasted from 1959 to 1965, during which time officials in the Department of Social Ills (Departamento de Lacras Sociales) at the Ministry of the Interior (MININT) decided policies, as did regional government officials and members of the Federation of Cuban Women (FMC), the Committees for the Defense of the Revolution (CDRs), and other state organizations. Policies to combat sex work were initiated in all of the country’s six provinces, and while some provincial reformers acted on their own initiative, efforts at reeducation (reeducación) ultimately complemented the rehabilitation efforts of high-level government agents.

This article examines the revolutionaries’ initial attempts to rehabilitate the island’s thirty to forty thousand sex workers, paying special attention to the rhetoric and strategies deployed by reformers outside of the capital city of Havana.5 It argues that members from groups such as the FMC and National Revolutionary Police (PNR) helped initiate the antiprostitution campaign, often operating without official interference until 1962, when federal officials assumed greater control over the campaign and when penal work farms became a tool of reform. During the first six years of the revolution, official discourse transitioned from viewing sex workers as victims to categorizing them as counterrevolutionaries. Key to this analysis are the methods used to identify prostitutes (prostitutas). Rather than seeking confirmation that women exchanged sex for money, reformers identified sex workers according to their attire, behavior, race, place of residence, and sexual partners. I also demonstrate that the revolutionary campaign adopted a broad and flexible definition of prostituta, one that allowed government officials to target the behavior of all Cuban women, not merely that of those who identified as sex workers.

Full article available here. 

 

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)

 

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.

Wright, Micah. “‘Protection against the Lust of Men’: Progressivism, Prostitution and Rape in the Dominican Republic under US Occupation, 1916–24.” Gender & History 28, no. 3 (November 1, 2016): 623–40. doi:10.1111/1468-0424.12242.
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Abstract
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This article explains the disparity between the United States (US) military government’s efforts to defend and empower local women during the first occupation of the Dominican Republic (1916–24) and its reputation for tolerating sexual assault. It argues that US officials, inspired by a progressive ideology that linked the social, economic and political spheres, set out to reshape Dominican sexual and gender norms as a means to ensure political stability. Yet, these efforts fell victim to both Dominican and US Marines’ conceptions of gender and normative sexuality. Building upon a thriving body of scholarship that addresses the significance of US efforts to redefine Dominican gender norms, this article analyses the military government’s policies towards women and provost courts’ responses to sexual assault. It concludes that, combined with an aggressive anti-prostitution campaign, the military government’s reforms succeeded only in creating an atmosphere favourable to crimes against women. Moreover, rape and the way it was prosecuted revitalised the patriarchal norms that US officials had set out to transform, thus setting the stage for the regime of Rafael Leonidas Trujillo, whose thirty-year dictatorship depended on the conspicuous control of women. Thus, US policies and attitudes not only ensured the failure of progressive reform but also contributed to the ongoing subjugation of the very women the military government had pledged to empower.