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Articles 1 - 30 of 45
Full-Text Articles in Law
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …
Sexkopslagen In The States: An American Version Of The Nordic Model To Address Sex Trafficking In The United States, Olivia Hartjen
Sexkopslagen In The States: An American Version Of The Nordic Model To Address Sex Trafficking In The United States, Olivia Hartjen
Vanderbilt Journal of Transnational Law
Prostitution, and the widely-encompassing commercial sex industry, has been a staple of all societies for centuries. Although the typical narrative regarding prostitution is one of moral abhorrence and criminalization, prostitution's spotlight has been recast with the acknowledgment and advocacy against related conduct: sex trafficking. Traffickers earn about $150 million annually from trafficking operations, $99 million of which is accounted for by sex trafficking. Although the United States officially criminalized trafficking in 2000, those engaged in prostitution, whether voluntarily or via trafficking, continue to be criminalized and further victimized through legal schemes perpetuated by the federal and state governments. Various other …
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Brigham Young University Prelaw Review
In June of 2008, Jeffrey Epstein plead guilty in a Florida court on
two counts of felony prostitution for nonconsensual sex acts against
two girls under eighteen. Evidence showed, however, that the true
scope of his crime encompassed dozens of underage girls. He
was sentenced to eighteen months in jail but ended up only serving
thirteen. Because of the terms of his prison sentence, Epstein
was allowed to leave the jail during the day for work release.
Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo
Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo
Cleveland State Law Review
On April 11, 2018, President Donald Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law, passed with bipartisan support, created a new federal offense that prohibits the use or operation of websites with the intent to "promote" or "facilitate" prostitution, expanded existing liability for federal sex trafficking offenses, and amended Section 230 of the Communications Decency Act. Touted as the "most important law protecting Internet speech," section 230 provides broad protection for online intermediaries that host or republish speech. It immunizes online intermediaries from liability for the things that third-party users …
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes
Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes
Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …
"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas
"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas
Dignity: A Journal of Analysis of Exploitation and Violence
This article is a description of the research I conducted on the sex industry in Manitoba, Canada, from 2016-2017. I interviewed 61 people, of which six were political leaders, 23 were social workers, 24 were police officers, and eight were sex industry survivors. About half of the practitioners I interviewed are also sex industry survivors. As a veteran police officer with 35 years of law enforcement experience, my research journey was unique from conducting the interviews to reporting my findings. These are some of my experiences and the lessons I learned about gathering and sharing the stories of sex industry …
Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter
Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter
Dignity: A Journal of Analysis of Exploitation and Violence
Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
Dignity: A Journal of Analysis of Exploitation and Violence
In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full decriminalization …
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Working Sex Words, Anita Bernstein
Working Sex Words, Anita Bernstein
Michigan Journal of Gender & Law
Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one …
Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime
Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes
Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin
Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin
University of Michigan Journal of Law Reform
Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …
The Freedom To Film Pornography, Marc J. Randazza
The Freedom To Film Pornography, Marc J. Randazza
Nevada Law Journal
No abstract provided.
When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani
When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani
Cleveland State Law Review
Victims of sex-market trafficking are often criminalized under anti-prostitution statutes rather than protected under anti-trafficking laws. As a result, trafficking victims suffer ramifications resulting from both the exploitation of their captors and the social stigma of criminalization. The combined hardships make it exponentially more difficult for victims to overcome their past and safely reintegrate into society. This Article first identifies the sources of the double-victimization problem, including the perpetuated stereotypes regarding trafficking victims and the methods of exploitation, inadequate law enforcement training, and statutes that conflate sex-market victims with prostitution. Having identified the source of the problem, the author proposes …
Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick
Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick
Pepperdine Law Review
Like the Thirteenth Amendment, which made slavery punishable by law, additional statutes that protect victims and punish those involved in sex trafficking are needed in the United States to abolish modern-day slavery. This Comment focuses specifically on California's laws relating to sex trafficking for two reasons. First, California's laws fail to adequately address the demand for sex trafficking. Second, California has a unique relationship to pornography, which is intrinsically linked to sex trafficking. Part II explains the definition and realities of sex trafficking with a special focus on buyers creating demand for sex trafficking. Part III discusses the current state …
Filling The Gap: Refining Sex Trafficking Legislation To Address The Problem Of Pimping, John Elrod
Filling The Gap: Refining Sex Trafficking Legislation To Address The Problem Of Pimping, John Elrod
Vanderbilt Law Review
Nearly twenty-one million men, women, and children worldwide are victims of human trafficking,' earning an estimated $31.6 billion in profits for the perpetrators of these crimes. Human trafficking is the third-largest and the fastest-growing criminal enterprise in the world. Of the nearly twenty-one million trafficking victims, approximately 4.5 million are victims of some form of sex trafficking. Although human trafficking primarily takes place outside of the developed world, the International Labour Organization estimates there are some 1.5 million trafficking victims in developed countries. In particular, as many as 17,500 foreign nationals are trafficked into the United States annually. However, the …
On “Trafficking And Health”, Dominique Stewart
On “Trafficking And Health”, Dominique Stewart
e-Research: A Journal of Undergraduate Work
This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …
Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson
Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson
Seattle University Law Review
This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …