Form4D - AFFIDAVIT Rulesof Civil Procedure(Rule 4.06)

07-cv-329807PD1

ONTARIO SUPERIORGOURT OF JUSTICE

BETWEEN:

TERRIJEAN BEDFORD,AMY LEBOVITCH,VALERIE SGOTT

Applicants

and

ATTORNEYGENERAL OF GANADA

Respondent

AFFIDAVITOF DR.MELISSA FARLEY

l, MelissaFarley, of theCity of SanFrancisco, in theState of California, UnitedStates, make oath and say:

OVERVIEWOF MYAFFIDAVIT

1. The purposeof myaffidavit is to describe,on the basisof my40 yearsof researchand practice as a clinicalpsychologist, the conclusionsthat I have reachedon the harmfuleffects that prostitution has on the physicaland psychologicalhealth of womenthat are engaged in it. -2-

OVERVIEWOF MY EXPERTISE

2. I haveworked as a researchand clinicalpsychologist in practicefor 40 years. From 1993-2000,I was a principalinvestigator on researchgrants at a largehealth care systemin the US where I collaboratedwith a team of researchers studyingthe longterm effectsof violenceagainst women on their healthand how that violenceimpacts preventive health care for women. Severalpeer-reviewed publicationshave resultedfrom this work. Attachedto this my affidavitas Exhibit "A" is a copy of my curriculumvitae

3. My opinionis basedon my yearsin practiceas a researchand clinical psychologist,on studyof and experttestimony on the topic of sexualexploitation, posttraumaticstress disorder ('PTSD'), and prostitution.I have consultedwith and presentedworkshops and seminarsfor universities,governmental agencies, and communitygroups addressing prostitution.

4. My opinionis basedon approximately900 interviewswith women, girls, men,boys, and transgenderedpeople in prostitutionin 10 countries.My opinionis also basedon severalhundred interviews with johns. Most of what I have learned about prostitutionis a resultof talkingwith these peoplein depth abouttheir experiences.

5. I am currentlyon the editorialboard of the Journalof PsychologicalTrauma. I also reviewarticles on prostitutionand traffickingfor governmentaland nongovernmentalagencies. I reviewarticles submitted for publicationon the topic of prostitutionand tnaffickingfor other peer reviewedjournals such as Violence against Women,lnterpersonal Violence, AIDS Care, Women and CriminalJustice, and British Medical Journal. -3-

6. I am an associatescholar with the Center for World lndigenous Studies, locatedjust south of Vancouverin Olympia,Washington.

7. Since1995, my work has focused on researchwhich has contributed to a greaterknowledge of prostitutionand sex trafficking. As a resultof my research andcollaborations with other researchers, I have published 17 peer-reviewed articleson prostitution,and an additional12peer reviewed articles on related topics.

8. I amthe ExecutiveDirector of ProstitutionResearch & Education,a nonprofit organizationthat is dedicatedto providingeducational resources and information aboutprostitution and trafficking to survivorsof prostitution,law enforcement personneljudges,mental health professionals, college and high school and graduatestudents, governmental agencies, and the public. Our website, www.prostitutionresearch.com,receives about 50,000 page views per month. The organizationis fundedby privatefoundations, research grants and individual donors.

9. I haveprovided testimony on prostitutionto the governmentsof SouthAfrica and NewZealand. My researchhas been used by othergovernments as they grapplewith prostitution policy, including the government of lsrael.I recently (2007)provided a researchreport to the U.S.government in a Congressional Hearingon prostitutionand trafficking in Nevada.The researchwas produced for theTrafficking in PersonsOffice of the U.S.State Department.

10. In myaffidavit, based principally on myown research and that of other expertsin thefield of prostitution,I shall address the following:

o the linksbetween prostitution and violence, in differentcultural contexts, differentcountries, and in cl,ifferentphysical locations (indoor and outdoor 4-

prostitution),in illegaland legalcontexts; o the relationof childhoodsexual abuse and childhoodphysical abuse to later prostitution; e the fact that mostwomen in prostitutionwant to escapeit, regardlessof prostitution'slocation or legalstatus; o the extremelyhigh HIV risk and other healthrisks posed by prostitution, regardlessof its legalstatus or physicallocation; . the psychologicalconsequences of prostitution,specifically posttraumatic stressdisorder (PTSD) and dissociation; o the ways that prostitutiondamages women's sexuality; . verbalabuse and the use of drugsand alcoholas a defenseagainst the emotionalabuse and the physicalpain of prostitution; o prostitutionmore severelyharms indigenous women becauseof their economicvulnerability, because of socialand legaldiscrimination against them,and becauseof theirlack of alternatives; . the pervasivenessof pimpsin all prostitution,and their violence against prostitutedwomen; r the bond/ relationshipbetween pimp and prostituteas similarto that between battererand that betweenbatterer and a batteredpartner; o the mistakenassumption that women in prostitutionare alwayslocated either outdoorsor indoors; . that johns pose seriousthreats of physicaland emotionalviolence to women in prostitution,and presentsome new data on johnsin Scotland; . that legalizationdoes not reducethe stigmaof prostitution,using examples from Nevadaand elsewhere,and that legal prostitutionhas not been shown to make prostitutionsafer than illegalprostitution; o that pimpsuse meansto controlthe womenwho workfor themas victims., usingmethods that are similarto those used by torturers; -5-

o the reasonswhy prostitution cannot be considereda freechoice in the usual meaningof thatword; o thatrecent research in Scotlandhas revealed that there is a statistical correlationbetween men's purchase of sexand their sexually violent behaviorstoward wives and girlfriends; and . finally,some of theassertions by Dr.John Lowman in hisaffidavit.

11. Myexpert opinion is basedin parton thefollowing research. Additional sourcesare footnoted in the bodyof my affidavit:

o Farley,M., Cotton, A., Lynne, J., Zumbeck, S., Spiwak, F., Reyes, M.E., Alvarez,D., Sezgin, U. (2003)Prostitution and Trafficking in 9 Countries: Updateon Violenceand Posttraumatic Stress Disorder. Journal of Trauma Practice2 Qla):33-74

. Farley,M. (2006)Prostitution, Trafficking, and Cultural Amnesia: What We MustNof Know in OrderTo Keepthe Business of SexualExploitation Running Smoothly.Yale Journal of Lawand Feminism 18:109-144.

. Farley,M. (2007)Prostitution and Traffickino in Nevada:Makino the Connections.San Francisco: Prostitution Research and Education.

. Farley,M, Lynne,J, andCotton, A (2005)Prostitution in Vancouver:Violence andthe Colonizationof FirstNations Women. Transcultural Psvchiatrv 42: 242-271.

. Farley,M. (2004)"Bad for the Body,Bad for the Heart:"Prostitution Harms WomenEven lf Legalizedor Decriminalized.Violence Aqainst Womenl0: 1087-1125

. Farley,Melissa (2005) Prostitution Harms Women Even if Indoors. ViolenceAqainst Women 11 (7\:950-964 July 2005

o Farley,M. (2003)Prostitution and the Invisibilityof Harm.Women & Therapy26(31 4\: 247-280.

. Farley,M. andSeo, S. (2006)Prostitution and Trafficking in Asia. Harvard AsiaPacific Review Volume 8 Number2 pages9-12 -6-

. Farley,Melissa (2004) Prostitution is SexualViolence. Psychiatric Times. October2004 Special Edition. p7-10

. Farley,M (2003)(Editor) Prostitution. Traffickinq. and Traumatic Stress. Binghamton,NY: Haworth.

. Farley,M andKelly, V (2000)Prostitution: a critical review of the medicaland socialsciences literature Women & CriminalJustice, 11 (4):29-64.

o Cotton,A, Farley,M and Baron,R (2002)Attitudes toward Prostitution and Acceptanceof RapeMyths. Journal of AppliedSocial Psycholoqy 32 (9):1790- 1796.

o Ross,C., Farley, M., & Schwartz,H. (2003)Dissociation among Women in ProstitutionJournal of TraumaPractice 2(3/4).

o Ugarte,M.8., Zarate, L., & Farley,M. (2003)Prostitution and Trafficking of Womenand Children from Mexico to the UnitedStates. Journal of Trauma Practice2(314\. "8" "O" Attachedas Exhibits throughto arecopies of eachof thesereports or articles,except that, for mytwo books("D" and "K"), only copies of theTable of

Contentsare appended.

Vocabulary

12. lt is importantfor the purposesof thisaffidavit to definea numberof

keyterms relating to my researchon the psychologicalharms of prostitution:

a) Diagnosisof posttraumaticstress disorder ("PTSD") PTSDencompasses symptoms resulting from traumatic events, including thetrauma of prostitution.PTSD can result when people have experienced "extreme traumaticsfressors involving direct personalexperience of an eventthat involvesactual or threateneddeath or seriousinjury; or other threatto one's personalintegrity; or witnessingan eventthat involves death, -7- injury,or a threatto the physicalintegrity of anotherperson; or learning aboutunexpected or violentdeath, serious harm, or threatof deathor injury experiencedby a familymember or otherc/ose associafe."l PTSD is characterizedby anxiety,depression, insomnia, irritability, flashbacks, emotionalnumbing, and hyperalertness. Symptoms are more severe and longlastingwhen the stressor is of humandesign.

Exposureto paidor unpaidsexual violence may result in symptomsof PTSD. Symptomsare grouped into three categories: 1) traumatic re-experiencing of events,or flashbacks;2) avoidanceof situationswhich are reminiscentof the traumaticevents, and a protectiveemotional numbing of responsiveness;and 3) autonomicnervous system hyperarousal (such as jittery irritability, being super- alertor insomnia).The symptoms of PTSDmay accumulate over one's lifetime. PTSDis notonly related to the overallnumber of traumaticevents, but it is also directlyrelated to the severityof thatviolence. b) Dissociation Dissociationis a compartmentalizationof memory, a psychologicalprocess that occursin responseto ovenruhelmingand inescapable threat to the self,most often in responseto prolongedand intense coercive persuasion. lt permits psychologicalsurvival by meansof a shatteringof the self. ln prostitution,multiple selvesare createdso thatthe prostitutingself is separatefrom the restof theself. Symptomsof dissociationinclude memory loss, "blanking out," numbing, inability to recallinformation that is too extensiveto be explainedby ordinaryforgetfulness. Dissociationis commonin prisonersof warwho are tortured, children who have beenvictims of incest,and women who are prostituted.

1 AmericanPsychiatric Association. (1994). Diaqnostic and statisticalmanual of mental disorders.(4th ed.).Washington, DC: AmericanPsychiatric Press -8- c) Somatoform dissociation Somatoformdissociation is the numbingof specificareas of the bodythat are exploitedor harmedby johns. This processserves the same purposeas other kindsof dissociation,through the traumaof a womanprostituting her body. Becauseof the traumaof prostitutionitself, the body is compartmentalized in the sameway that traumaticemotions and memoriesexist in statesof dissociated consciousness. d) Pimp A pimp is a person,most oftena man,who procureswomen in prostitutionby enticingor kidnappingthem intoit, andwho physicallycontrols women in prostitutionvia rapeor other violence.A pimpexploits women financially, at times "a takingall theirmoney. A commonlyused definition of pimpis personwho is supportedby the earningsof a prostitute". e) John The termjohn was first used by men who buy sex to concealtheir identities.lt is now used in a slightlyderogatory manner by women in prostitutionto referto all menwho buy sex.

f) Stockholm Syndrome StockholmSyndrome is the emotionalbonding to an abuserunder conditions of captivityhas been describedas the StockholmSyndrome. Attitudes and behaviors whichare partof this syndromeinclude: 1) intensegratefulness for smallfavors when the captorholds life and deathpower over the captive;2) denialof the extent of violenceand harmwhich the captorhas inflictedor is obviouslycapable of inflicting;3) hypervigilancewith respectto the captoror pimp'sneeds and identificationwith the pimp'sperspective on the world (an exampleof this was PattyHearst's identification with her captors'ideology); 4) perceptionof those tryingto assistin escapeas enemiesand perceptionof captorsas friends;5) -9- extremedifficulty leaving one's captor/pimp,even afterphysical release has occurred. Paradoxically,women in prostitutionmay feel that they owe their livesto pimps. g) Traumaticbrain injury (TBl) TBI is an injuryto the brainthat occurs as a resultof physicaltrauma to the head. TBIis oneconsequence of intimatepartner violence. ln prostitution,TBI is caused by closed-fistedblows to the heador faceby pimpsor johns,kicks to the head,or thewoman's head slammed against walls or dashboardsof cars. h) lndooror OutdoorProstitution Theterms indoor or outdoorprostitution refer to the physicallocation of the purchaseof sexby the john. Indoorlocations include lap dance clubs, brothels (bothlegal and illegal), massage parlors, the john's or theprostitute's home. Outdoorlocations include vehicle or street.In mostof the literatureon prostitution, theterm indoor prostitution refers to the locationof the personin prostitutionat the timethe researcherinterviewed her or at thetime of herarrest. The term does not includeconcurrent locations where the personprostituted (the same day), and it doesnot reference locations where the personprostituted on the previousday or in previousyears.

13. The conclusionsthat I have reachedbased on the researchI have conductedand basedon a reviewof the medicaland socialscience literature on prostitutionare as follows.

A. Prostitutionis internationallyrecognized as a form of violenceagainst womenthat is linkedto manyother forms of violenceagainst women.

B. Prostitutionis linkedto violencearound the world, in manydifferent culturalcontexts. -10-

ENTRYINTO PROSTITUTION

C. Childhoodsexual abuse overwhelmingly precedes entry into prostitution.

D. Batteringin childhoodis commonamong women who laterenter prostitution.

VIOLENCEIN PROSTITUTIONAND ITS CONSEQUENCES

E. Prostitutioncauses severe emotional stress at a levelequivalent to the most emotionallytraumatized populations ever studied by psychologists.

F, Prostitutedwomen use dissociationas a psychologicaldefense againstovenarhelming physical pain, emotional distress, and the feelingthat prostitutionis inescapable.

G. Prostitutionmore severelyharms indigenous women because of theireconomic vulnerability, because of socialand legal discriminationagainst them, and becauseof theirlack of alternatives.

PIMPS

H. A majorityof womenin legaland illegalprostitution have pimps who control them eithermentally or physically.

l. Pimpsuse manyof the methodsused by torturersto mentallycontrol women in prostitution.

J. Pimpscommonly engage in mentallyand physicallyviolent behavior againstwomen in prostitution.These behaviors are the sameas the behaviorsexperts currently define as beingcharacteristic of relationshipsinvolving domestic violence.

K. The traumaticbond establishedbetween women in prostitution and their pimp/captors is the sameas the bond betweenbattered women and their batterersor kidnappedwomen and their captors.

L. Drug and alcoholabuse are associatedwith prostitution- but not in the ways commonlyassumed. -11-

M.Womenin prostitutionsuffer from seriousphysical health problemsthat are unrelatedto prostitution'slegal status or to its indooror outdoorlocation.

N. Prostitutionin any legalcontext places women in prostitutionat the highestrisk for HIVof anygroup that has beenstudied.

INDOORAND OUTDOOR PROSTITUTION GOMPARED

O. Thereis little differencein prostitution'slink with violence whetherthe prostitutiontakes placeindoors or outdoors.

P. Thereis no evidencefor the assumptionthat womeneither prostituteindoors or outdoorsbut not both. The samewomen are prostitutedin both indoorand outdoorlocations.

Q. Prostitutiondamages women's sexuality, regardless of its physicallocation or its legalstatus.

R. Most researchcomparing indoor to outdoorprostitution has addressedonly physicalviolence and not emotionalviolence.

S. Thereare anecdotaland also empiricalresearch accounts from manycountries that johns in indoorprostitution present serious threatsof physicaland emotionalviolence to prostitutedwomen.

T. Theemotional harm of prostitutionis the sa'mein indoorand outdoor prostitution,accoriling to both researchevidence and anecdotalreports.

U. Verbalabuse from johns in indoor prostitutionposes a threatto prostitutedwomen's mental health.

V. The overwhelmingmajority of women in prostitutionwant to escapeit, regardlessof prostitution'slegal status.

W. Legalizationof prostitutiondoes not reducethe stigmaof prostitution.

X. In Nevada,despite legal prostitution, the womenin it arestrongly stigmatized.They are treatedas socialoutcasts. -12-

Y. Legalization of prostitution does not make prostitution safer than illegal prostitution.

JOHNS

Z. Men who strongly support the institutionof prostitutionalso tend to express a tolerance for rape.

AA.Recent research provides new empirical findings on the attitudes and behaviors of men who buy sex in indoor and outdoor prostitution.

BB. Men who paid for sex in Scotland held deeply contradictory attitudes about prostitution.

GG.The johns we interviewed endorsed a number of rape-tolerant attitudes.

DD. The johns' frequencyof use of women in prostitutionimpacted their behavior toward non-prostituting women.

EE.Prostitution is not a choice accordingto the usual definitionof the word choice which implies free selection of an option among several availablealternatives.

14. My affidavitis organizedin the followingway:

1. I shalladdress each one of the aboveconclusions;

ll. I shalladdress the methodologythat I haveused in my empirical researchand the specificsof the rigorsof peer-reviewto which it has been subjected;and, finally,

lll. I shalldirectly address a numberof the specificassertions made by Dr. John Lowmanin his affidavit. 13-

I. MYCONCLUSIONS

A. Prostitutionis internationallyrecognized as a form of violenceagainst womenthat is linkedto manyother forms of violenceagainst women.

15. Violenceis commonplacein prostitution whether it is legalor illegal.The followingtable2 summarizes the violenceI willbe discussing,based on my own research,and that of others.

CliniralFindings Regarding Violnnce in All Typesof Prostitulion . 95?1,ofthnse in prostitution experienced sexual harassrnent thatu*sulcl he legally actionableinanother iob setting. . B5?;-95%ofthose in prastitutinn r,,rant tnescape it,hut have n0 othef options fnr survival. " 80?;-gfl%0fthose in prnstitution have experienred verbalabLrse andsocial contempt,which has adversely alfected them. . 75%of thnse in prnstitution have been hameless atsorne paint. . 70%-95%lvere physically assaulted lnprostitution. . 68%nf 854 people inseveral different types of prostitution innine countries met criteriafnr PTSD. . 65$'o-S51:oofthnse in prostitLrtion i',lere sexually assaulted aschildren. . 6\oh-75oloviere raped in prostitrrtion.

Sourcu:Farley Mi2tJCI4i: data lrnm FarlBy 0tal. (2ili3l.

16. Prostitutionis betterunderstood as domesticviolence than as a job. One woman explainedthat prostitutionis "/rke domesticviolence taken to the extreme."3

'Table "J" 1 found in Exhibit (Farley,Melissa (2004) Prostitution is SexualViolence. Times.October 2004 SpecialEdition. pages 7-10) "lsychiatric Leone,D. (2001)1 in 100 Childrenin Sex Trade,Study Says. Honolulu Star Bulletin MondaySeptember 10,2001. Quoting Jayne B. -14-

B Prostitutionis linkedto violencearound the world, in manydifferent culturalcontexts.

17. A Canadianobserver noted that 99% women in prostitutionwere victims of "than violence,with morefrequent injuries workersin [those]occupations considered. . . mostdangerous, like mining, forestry, and firefighting.'a

18. ln a Canadianstudy, we foundthat 90% of womenin prostitutionhad been physicallyassaulted in prostitution,78% had been raped in prostitution.

19. In the UnitedStates, 70% of womenin prostitutionin San Francisco,

Californiawere raped.5A studyin Portland,Oregon found that prostitutedwomen were rapedon averageonce a week.6 Eighty-fivepercent of women in

Minneapolis,Minnesota had beenraped in prostitution.T

20. ln the Netherlands(where prostitution is legal),60% of prostitutedwomen sufferedphysical assaults; 70o/o experienced verbal threats of assault,40o/o experiencedsexual violence and 40o/o were forcedinto prostitutionand/ or sexual abuseby acquaintances.Vanwesenbeeck found that two factorswere associated with greaterviolence in prostitution.The greaterthe poverty,the greaterthe o Gibbs,Erin, Van Brunschot et al. (1999)lmages of Prostitution:The Prostitute and Print Media,Women and CriminalJustice 10:47 uSilbert, M.H. & Pines,A. M. (1982)Victimization of streetprostitutes. Victimotogy-7 (1-4). 122-133 6Hunter, S. K. (1994)Prostitution is cruelty and abuse to womenand children. Michiqan Journalof Genderand Law 1. 1-14. ' ParriottR. (1994)Health Experiences of Twin CitiesWomen Used ln Prostitution. Unpublishedsurvey initiated by WHISPER,Minneapolis, MN. -15- violence;and the longerone is in prostitution,the morelikely one is to experience violence.s

21. I conductedresearch on prostitutionin 9 countrieswith colleaguesin Canada,Colombia, Germany, Mexico, South Africa, Thailand, Turkey, United States,and Zambia. We foundthat prostitutionwas multitraumatic:71o/o of 854 peoplein prostitutionhad been physicallyassaulted in prostitution;63% were raped;75%had beenhomeless.s

ENTRYINTO PROSTITUTION

G. Ghildhoodsexual abuse overwhelminglyprecedes entry into prostitution.

22. Prostitutedchildren are oftentermed "child prostitutes" in psychological, sociological,and legalliterature, referring to those prostitutedwhile underthe age of majority(18 in most places).The age of consentfor sexualactivity varies from countryto country. Nonetheless,the term "childprostitute" obscures the fact that when prostituted,a childis by definitionbeing sexually abused and is a victimof sexualexploitation.

23. Most prostitutedpeople enter the sex industryas adolescents.Adult and child prostitutesare thus not two differentclasses of people,but the same people at two differentpoints in time. lt is questionablethat an abusivesituation one entersas a childsuddenly disappears when one turns18.

I Vanwesenbeeckl. (1994) Prostitutes'Well-Beino and Risk. Amsterdam: VU University Press; Vanwesenbeeck1.,de Graaf,R., van Zessen, G., Straver, C.J. & Visser,J.H. (1995). ProfessionalHIV risk taking, levels of victimization,and well-being in femaleprostitutes in the Netherlands.Archives of SexualBehavior 24(5):503-515 nSeerxnioiynne,J',Zumbeck,S.,Spiwak,F',Reyes,M'E', Alvarez, D.,Sezgin, U. (2003)Prostitution and Trafficking in 9 Countries:Update on Violenceand PosttraumaticStress Disorder. Journal of TraumaPractice 2 Ql4):33-74) -16-

24. In Canada,S2o/o of 100women prostituting in Vancouverhad a history of childhoodsexual abuse. The womentold us that on average,they had sufferedsexual abuse from an averageof 4 perpetrators.lo

25. Seventypercent of the adultwomen in prostitutionin anotherstudy saidthat their childhood sexual abuse led to entryinto prostitution.ll

26. Boyerand colleaguesinterviewed 60 women prostitutingin escort, street,strip club, phone sex, and massageparlors (brothels) in seatile, washington.All of them beganprostituting between the agesof i2 andi4.12

27. Nadonfound that 89% had begunprostitution before the age of 16.13

28. In anotherresearch study, 78% of 200adult women in prostitution beganprostituting as juveniles and 68% began prostitution when they were youngerthan 16 years of age.1a

tosee ""E" Exhibit (Farley,M, Lynne,J, andcotton, A (2005)prostitution in Vancouver: Violenceand the Colonization of FirstNations tt Women.Transcultural Psvchiatrv 42:242-271) MimiH. Silbert& AyalaM. Pines,Early SexualExploitation as an tnftuenCei Prostitution,28 SoclALWonx 285(1983). See also Mrvrr H. SrLeERrEr AL.,Srxunl AssRulroF PRosrlrures (National Center for the Prevention and Control of Rape, Nationallnstitute of MentalHealth, Washington, '2 D.C.1gB2) Boyer,D., Chapman, L., & Marshall,B.K:(1993). Survival Sex in KinqCountv: Helpinqwomen out. ReportSubmitted to Kingcounty women's Advisory Board. Seattle:Northwest Resource Associates tt Nadon,S.M., Koverola, C., Schludermann, E.H. (1gg8). Antecedents to Prostitution:Childhood Victimization. Journal 1o of InterpersonalViolence 13.206-221 Silbert,M.H.& Pines, A.M. (1g82a).Entrance into Prostitution. Youih & Societv13: 471-500 -17-

29. 23ohof a groupof womenthat I interviewedin Nevadalegal prostitutionhad enteredprostitution as children.l5

30. One Canadianstudy indicated that women enter prostitution as childrenat an averageage of 15.16Another Canadian study found that75% of 50 Canadianyouth (mostly female) entered prostitution before the age of 16.17

D. Batteringin childhood is common among women who laterenter prostitution.

31. In two separatestudies of hundredsof women,both found that 90% of prostitutedwomen had beenphysically battered in childhood.ls

VIOLENCEIN PROSTITUTIONAND ITS CONSEQUENGES

E. Prostitution causes severe emotional stress at a level equivalent to the most emotionally traumatized populations ever studied by psychologists.

32. Althoughthe physicalviolence of prostitutionis brutaland pervasive,the emotionaltrauma of prostitutionis worse.

tuSee Exhibit "D" (Farley, Melissa (2007) Prostitution and Traffickinq in Nevada:Making the Connections.San Francisco: Prostitution Research and Education) c nssistantOeputy Ministers' Committee on Prostitutionand the SexualExploitation of Youth,(2000) Sexual exploitation of vouthin BritishColumbia. Vancouver: Ministry of the AttorneyGeneral tt Mclntyre,S. (1995)The youngesf profess ion: Theo/dest oppression Doctora, dissertation,Department of Law,University of Sheffield 18Giobbe, E., Harrigafl, M., Ryan, J. & Gamache,D. (1990). Prostitution: A Matter of Violenceaqainst Women. Minneapolis: WHISPER, Hunter, S. K. (1994) Prostitutionis crueltyand abuse to womenand children. Michiqan Journal of Gender andLaw 1:1-14 -18-

33. Thediagnosis of posttraumaticstress disorder (PTSD) encompasses symptomsresulting from traumatic events, including the trauma of prostitution.PTSD can result when people have experienced "extreme traumaticstressors involving direct personal experience of an eventthat involvesactual or threateneddeath or seriousinjury; or otherthreat to one's personalintegrity; or witnessingan eventthat involves death, injury, or a threatto the physicalintegrity of anotherperson; or learningabout unexpectedor violentdeath, serious harm, or threatof deathor injury experiencedby a familymember or otherclose associate." PTSD is characterizedby anxiety, depression, insomnia, irritability, flashbacks, emotionalnumbing, and hyperalertness. Symptoms are more severe and longlastingwhen the stressor is of humandesign.

34. We founda PTSDprevalence rate of 68%among those in prostitution in 9 countries.Two thirds of thosein prostitutionmet clinical criteria for a diagnosisof PTSD.This rate was among the highest for any group of people whosetraumatic stress was evaluated. This rate of PTSDis comparableto the ratesof PTSDamong battered women seeking shelter, rape survivors, combatveterans, and survivors of state-sponsoredtorture.ls

35. Vanwesenbeecknoted symptoms among women in legalDutch prostitution thatare consistent with symptoms of PTSD.2oResults from two studies of

tn ""B" See Exhibit (Farley,M., Cotton, A., Lynne,J., Zumbeck,S., Spiwak, F., Reyes, M.E.,Alvarez , D., Sezgin,U. (2003)Prostitution and Traffickingin 9 Countries:Update on Violenceand PosttraumaticStress Disorder. Journal of TraumaPractice 2 Qlfl.33-74) 2oVanwesenbeeck found that ninetypercent of womenwho were prostitutedprimarily in clubs,brothels, and windowsreported "extreme nervousness." -19- prostitutedKorean women reflectthe women'sintense psychological distress with

PTSD prevalencerates of 78% and B0%seventy-eight and eightypercent.2l

F. Prostitutedwomen use dissociation as a psychologicaldefense against overwhelmingphysical pain, emotional distress, and the feelingthat prostitutionis inescapable.

36. Dissociationoccurs during extreme stress among prisoners of warwho are tortured,among children who are being sexually assaulted, and among women being battered,raped, or prostituted.22

37. Dissociativedisorders are common among those in escort,street, massage, stripclub and brothel prostitution. Women report that they cannot prostitute unless theydissociate since the dissociationprotects them from the massiveinvasion they aresubjected to byjohns who, as one put it, "rent an organfor 10minutes" in prostitution.Chemical dissociation via use of drugsand alcohol facilitates psychologicaldissociation, and also functions as analgesicfor injuries from violence.

38. Dissociationin prostitutionresults from both childhood sexual violence and sexualviolence in adultprostitution. The dissociation that is necessaryto surviverape in prostitutionisthe same as that used to endurefamilial sexual assault. Vanwesenbeecknoted that a dissociativeproficiency contributed to whatshe "professional describedas attitudes"among women in prostitutionin the Netherlands.

39. A womanI interviewedexplained the gradual development of a dissociated identityduring the years she prostituted in stripclubs, an indoorprostitution venue.

" "l" See Exhibit (Farley,M. and Seo,S. (2006)Prostitution and Traffickingin Asia. Harvard Asia PacificReview Volume 8 Number2 pages9-12) @2) Traumaand Recoverv.New york, BasicBooks. -20-

You start changing yourself to fit a fantasy role of what they think a woman should be. In the real world, fhese women don't exisf. They sfare at you with this staruing hunger. It sucks you dry; you become this empty shell. They'renot really looking at you, you're not you. You'renot even there.'"

40. Anotherwoman described a dissociativeresponse to the traumaof prostitution: Prostitution is like rape. lt's like when I was 15 years old and I was raped. I used to experienceleaving my body. I mean that's what I did when that man raped me. I went to the ceilingand I numbed myself becauseI didnt want to feelwhat I was feeling. I was very frightened. And while lwas a prostitutedI usedto do that allthe time. I would numb my feelings. I wouldn't even feel like I was in my body. I would actually leave my body and go somewheree/se with my thoughtsand with my feelings until he got off and it was over with. I donT know how else to explainit except that it felt like rape. lt was rape to me. 'o

41. And also:

lf anything a prostitutetreats herselflike a chair for someone to sit on. Her mind goes blank. Sheiusf /ies there. You becomeTusfan obiect....Aftera whileit becomesjust a normal thing.'"

42, A womanin a legalNew Zealand massage parlor explained:

Memory is an amazingthing. I leave here [brothel]and I cant remembera thing.'"

" SeeExhibit "F" (Farley, M. "Badfor the Body,Bad for the Heart: Prostitution Harms WomenEven if Legalizedor Decriminalized"Violence Aqainst Women 10: 1087-1125 '" Giobbe,E. (1991)Prostitution, Buying the Right to Rape,in Burgess,A.W. (ed.) Rape andSexual Assault lll: a ResearchHandbook. New York: Garland Press 25 Mcleod, E. 91982)Women working: Prostitution Now. London: Croom Helm 26Farley, M. (2003)Preliminary Report: New Zealand Prostitution. Unpublished Paper: Wellington,New Zealand. May 14,2003 attached to thismy Affidavit as Exhibit"P" -21-

G. Prostitutionmore severely harms indigenous women because of their economicvulnerability, because of socialand legaldiscrimination against them,and becauseof their lack of alternatives.

43. Race,sex, and class are multiplicativerisk factors for prostitution. Nonetheless,those who promote legal prostitution rarely address class, race, and ethnicityas factorsthat make women significantly more vulnerable to theviolence and healthrisks of prostitution.

44 Withinthe gendered institution of prostitution,race and class create a familiarhierarchy with indigenous women at itslowest point. Especially vulnerable to violencefrom wars or economicdevastation, indigenous women are brutally exploitedin prostitution- for exampleMayan women in MexicoCity, Hmong womenin Minneapolis,Atayal girls in Taipei,Karen or Shanwomen in Bangkok, andFirst Nations women in Vancouver.

45. Aboriginalor FirstNations women in Canadaare at higherrisk for all of the factorsthat increase vulnerability to prostitution: family violence including an epidemicof sexualviolence, life-threatening poverty including homelessness, lack of educationaland job opportunities, lack of healthservices throughout their lifetimes,and lack of culturallyappropriate social services.

46. Indigenouspeople of Canadahave suffered the brutal harms of colonization thataffect every aspect of theirlives. Comparedto othergroups, indigenous people in NorthAmerica have suffered multiple and cumulative trauma. Prostitution is one specificlegacy of colonizationalthough it is infrequentlyunderstood or analyzedas such.

47. When we comparedMaorii Pacific lslander New Zealanders in prostitutionto European-originNew Zealanders in prostitution,the Pacificlslander/ Maoriwere -22-

more likelyto have been homelessand to haveentered prostitution at a youngage. Mama Tere,an Aucklandcommunity activist, referred to NZ prostitutionas an "apartheid system."27Plumridge & Abelsimilarly described the NewZealand sex "segmented" industryas notingthatT% of the populationin Christchurchwere Maori, but 19%of thosein Christchurchprostitution were Maori.28 Similar findings from Australiahave been reported.

48. Amongwomen in legalprostitution in NewSouth Wales, Australia, Aboriginal women in prostitutionwere more likelyto have enteredprostitution at a very young age, more likelyto have been homeless,and to have significantlymore symptomsof depressionthan non-Aboriginal women in prostitution.2e

49. ln a studyof Vancouverprostitution, we notedthat 52o/oof the women in prostitutionwe interviewedwere womenfrom Canada'sFirst Nations. Yet First Nationspeople in Vancouvergenerally comprise only 1.7-7%of the population. They experienceda horrificviolence in prostitution:90% had been physically assaultedin prostitutionand 78o/ohad been rapedin prostitution.72% of the Canadianwomen we interviewedmet clinicalcriteria for a diagnosisof PTSD (symptomaticof intenseemotional distress), which is amongthe highestof any groupsstudied.

50. A retrospectivestudy of violencein the livesof 47 women in prostitutionin three WesternCanadian provinces indicates that Aboriginal Canadians are overrepresentedin prostitutionrelative to their representationin the general

" SeeExhibit "P" Farley, M. (2003)Preliminary Report: New Zealand Prostitution. UnpublishedPaper: Wellington, New Zealand. May 14, 2003 28Plumridge, L & Abel,G. (2001)A "segmented"sex industry in NewZealand: sexual and personalsafety of femalesex workers . Australianand NewZealand Journal of Public Health15(1): 78-83. 2eRoxburgh, A., Degenhardt,L. andCopeland, J. (2000)Posttraumatic stress disorder amongfemale street-based sex workers in thegreater Sydney area, Australia. BMC Psychiatry6:24. Availableat http://wlw.pubmedcentral.nih. gov/articlerender.fcgi?artid= 148 1 550 -24- prostitute,drugging and forcedaddiction, and forced pregnancy.

J. Pimps commonly engagein mentallyand physicallyviolent behavior against women in prostitution. These behaviors are the same as the behaviors experts currently define as being characteristic of relationships involving domestic violence.

54. Prostitutedwomen are unrecognizedvictims of domesticviolence by pimps.31Pimps use methodsof coercionand controljustlike those of other batterers:economic exploitation, social isolation, verbal abuse, threats, physical violence,sexual assault, captivity, minimization and denialof physicalviolence and abuse.32

55. Recruitmentof womeninto prostitutionoften beginswith brutalviolence designedto breakthe victim'swill. Afterphysical control is gained,pimps use psychologicaldomination and brainwashing.Pimps establish emotional dependencyas quicklyas possible,beginning with changinga woman'sname. This removesher previousidentity and history,and also isolatesher from her community.The purposeof pimps'violence is to convincewomen of their worthlessnessand socialinvisibility, as wellas to establishphysical control and captivity.Over time, escapefrom prostitutionbecomes more difficultas the woman is repeatedlyoverwhelmed with terror. She is forcedto commitacts which are sexuallyhumiliating and thatcause her to betrayher own principles.The contempt and violenceaimed at her are eventuallyinternalized, resulting in a virulentself- hatredwhich then makesit even more difficultto defendherself. Survivorsreport a

31 Stark,C. & Hodgson,C. (2003)Sister Oppressions: A Comparisonof Wife Batteringand Prostitution.ln M. Farley(ed.) Prostitution, Traffickinq, and TraumaticStress. Binghamton: Haworth(see Exhibit"K") 32Giobbe, E. (1991)Prostitution, Buying the Rightto Rape,in AnnW. Burgess,(ed.) Raoe and SexualAssault lll: a ResearchHandbook. New York: Garland Press p 143-160; Giobbe,E. (1993)An Analysisof Individual,lnstitutionaland Cultural Pimping, Michiqan Journalof Gender& Law 1:33-57.;Giobbe, E., Harrigan,M., Ryan,J., Gamache,D. (1990) Prostitution:A Matterof Violenceaqainst Women. WHISPER, Minneapolis, MN. -25_ senseof contamination,of beingdifferent from others, and self-loathing which last manyyears after breaking away from prostitution.

56. Sometimespimps deliberately exploit the shame associated with prostituting.

K. The traumaticbond establishedbetween women in prostitutionand their pimp/captors is the sameas the bond betweenbattered women and theirbatterers or kidnappedwomen and their captors.

57. Unlesshuman behavior under conditions of captivityis understood,the emotionalbond between those prostituted and pimps is difficultto comprehend.In escapablesituations, humans form bonds with their captors. ln theabsence of otheremotional attachments, women appear to choosetheir relationships with pimpsand may be psychologicallyat home with men who exercise coercive control overthem.

58. The terrorcreated in the prostitutedwoman by the pimp causesa senseof helplessness,dependence, and paradoxically,bonding with the kidnapper/ batterer/pimp. The Stockholmsyndrome is a psychologicalstrategy for survivalin captivity.Attitudes and behaviorswhich are partof this syndromeinclude: 1) intensegratefulness for smallfavors when the captorholds life and death power over the captive;2) denialof the extentof violenceand harmwhich the captorhas inflictedor is obviouslycapable of inflicting;3) hypervigilancewith respectto the pimp'sneeds and identificationwith the pimp'sperspective on the world;4) perceptionof thosetrying to assistin escapeas enemiesand perceptionof captors as friends;5) extremedifficulty leaving one's captor/pimp,even afterphysical releasehas occurred. Paradoxically,women in prostitutionmay feel that they owe theirlives to pimps. -26-

59. ln orderfor a womanto surviveprostitution on a day-to-daybasis, she mustdeny the extentof harmthat pimps and johns are capable of inflicting. sinceher survival may depend on herability to predictothers' behavior, she vigilanflyattends to the pimp'sneeds and may ultimately identify with his worldview.This increases her chances for survival,as in the caseof Patty Hearstwho temporarily identified with her captors' ideology.33

- L. Drug and alcoholabuse are associatedwith prostitution but not in the wayscommonly assumed.

60. A misconceptionabout prostitution is thata largemajority of prostitutesare drug-abusingwomen who begin prostituting to payfor a drughabit' Women in prostitutionuse drugs and alcohol to dealwiththe overwhelming emotions experiencedwhile turning tricks. Drugs and alcohol function as analgesicsfor the traumaticphysical and sexual assaults by johns and pimps that commonly occur in prostitution.A numberof studieshave shown that women increase recreational drug useto the pointof addictionafter entry into prostitution.

61. Onegroup of addictionresearchers found that B% of womenreceiving treatmentfor addictionreported that their drug abuse preceded prostitution, whereas 39%reported that the prostitutionpreceded drug abuse'34

62. ln anotherstudy, 60% of a groupof Venezuelanwomen in prostitutionbegan abusingdrugs and alcohol only after entry into prostitution.35

.. Barry,K. (1995)The Prostitution of SexualitvNEY Y9Y, NYUPRESS *r-,nti"'w.n.,B;@der,F.R',&Cone,E.J.(1989)TheLexington addicti, ig1i-1g72:'Demographiccharacteiistics drug use patterns, an! s-el^e^c!edinfectious diseaseexperience. The liteinationalJournal ofthe AddicJions 24(7).609-626 ";d;ililJ.c',o'ynes,H.P',Rodriguez,Z'R.,andSantos, A.2OO2\AComparative Studv of Womenirafficked in theMiqration Process. Amherst, MA' CoalitionAgainst Trafficking in Women -27-

63. Pimpsand traffickerscontrol prostitutes by coercivelyaddicting them to drugs. In a similarway, perpetratorsof sexualabuse against children drug them in orderto facilitatesexual attacks or to disorientand silencethem.

M. Women in prostitution suffer from serious physical health problems that are unrelated to prostitution's legal status or to its indoor or outdoor location.

64. Chronichealth problems result from sexualassault, battering, untreated health problems,and ovenruhelmingstress and violence. Prostitutedwomen suffer from all of these. Manyof the chronicsymptoms of womenin prostitutionare similarto the physicaland emotionalconsequences of torture.

65. The longerwomen remained in prostitution,the highertheir rates of sexually transmitteddiseases. Women in the Netherlandswho servicedmore customers in prostitutionreported more severephysical symptoms.

66. Cervicalcancer is commonamong women who havebeen in prostitution. Two riskfactors for cervicalcancer are youngerage at first sexualactivity and overallnumber of sexualpartners. Prostitutedwomen have an increasedrisk of cervicalcancer and alsochronic hepatitis.

67. Traumaticbrain injury (TBl) occurs in prostitutionas a resultof beingbeaten, hit,kicked in the head, strangled, or havingone's head slammed into objects such aswalls or furnitureor cardashboards. Strangulation is relatively more common in indoorprostitution.

68. 75o/oof the Canadianwomen we interviewedsuffered injuries from violence thatoccurred during prostitution. These included stabbings and beatings, concussions,broken bones (broken jaws, ribs, collar bones, fingers, spines, skulls). 50%of the Canadianwomen in prostitutionreported traumatic and violent assaults -28- to theirheads during prostitution that resulted in alterationof consciousness.36 Longterm symptoms resulting form injuries to theirbrains reported by the Canadian womenincluded trouble concentrating, memory problems, headaches, pain/numbnessin hands/feet, vision problems, dizziness, problems with balance, andhearing problems.

69. ln a studyof prostitutedwomen from three countries, 30% of Filipinowomen, 33%of Russianwomen, andTToh of USwomen reported head injuries.3T

70. Commonmedical problems of womenin prostitutionincluded tuberculosis, HlV,diabetes, cancer, arthritis, tachycardia, syphilis, malaria, asthma, anemia, and hepatitis.Across many countries, about 25% of womenin prostitutionreported reproductivesymptoms including sexually transmitted diseases (STD), uterine infections,menstrual problems, ovarian pain, abortion complications, pregnancy, hepatitisB, hepatitisC, infertility,syphilis, and HlV.

71. 15%reported stress-related gastrointestinal symptoms such as ulcers,chronic stomachache,diarrhea, and colitis. 14% of thesewomen and children in prostitution reportedrespiratory problems such as asthma,lung disease, bronchitis, and pneumonia.14% reported joint pain, including hip pain, knee pain, backache, arthritis,rheumatism, and nonspecific multiple-site joint pain.

72. We comparedwomen in prostitution,with those who had escaped and who hadbeen out of prostitutionon av?rage1.5 years. once womenwere out of prostitution,awareness of the severityof theviolence increased, with, for example, tu "E" See Exhibit (Farley,M, Lynne,J, and Cotton,A (2005)Prostitution in Vancouver: Violenceand the Colonizationof FirstNations Women. Transcultural Psvchiatry 42:242-271) .'Raymond,J.,D'CUnha,J'Dzuhayatin,S.R'.,Hynes,@z,Z',and Santos,A. (2002).A ComparativeStudy of WomenTrafficked in the MigrationProcess: Patterns,Profiles and HealthConsequences of SexualExploitation in FiveCountries (lndonesia,the Philippines,Thailand, Venezuela and the UnitedStates). N. Amherst,MA: CoalitionAgainst Trafficking in Women (CATW) -29- g5% of the exitedwomen reportingviolent injuries resulting from prostitution, includinga95% incidenceof traumatichead injury.38

N. prostitutionin any legalcontext places women in prostitutionat the highestrisk for Hlv of anygroup that has beenstudied.

73. Currentscience regarding HIV is that womenwith multiplepartners are at

highestrisk.3e The greater the number of sexpartners, the higher that person's

riskfor HlV. Sincewomen in prostitutionhave many sex partners, some having

servicedthousands of johns, they are at thehighest risk for HlV. Womenin

prostitutionare frequently raped, and since rape also poses a graveHIV threat, this

is an additionalHIV risk factor for them.

74. Ina studyof prostitutionin Cambodia and Thailand, the more johns serviced,and the greaterthe numberof sexpartners, the greater the riskfor HIV. Larsonand Narain found that the higher the number of johns, and the higher the numberof overallsex partners, the higher women's rate of HIVin Cambodiaand Thailand.ao

75. Whilesome people assume that johns generally use condoms, this is a myth.A numberof studiesindicate that a majorityof johnsdo notuse condoms.

"B" ,uSee Exhibit (Farley,M., Cotton,A., Lynne,J., Zumbeck,S., Spiwak,F., Reyes, M.E., on Alvarez, D., Sezgin,U. (2003)Prostitution and Traffickingin 9 Countries:Update Violenceand PosttraumaticSiress Disorder. Journal of TraumaPractice 2 Ql4):33-74) 3eTerri Coles (2006) Muttiptepartnerships fueting A/DS epidemic.Reuters U.K. August 15, 2006. Discussinga'paper by DanielHalperin, USAID, Southern Africa, presented at the 16thGlobal AIDS conferencein Toronto,Canada. o0Heidi J. Larsonand Jai P. Narain(2001) Beyond 2000:Responding to HIV/AIDSin the new millennium.New Delhi: World HealthOrganization (WHO) Regional Office for South- EastAsia. Retrieved November 15, 2005 from http://w3.whosea.org/EN/Sectionl0/SectionlS/Section356/Section410.htm, page 17 -30-

Eighty-ninepercent of Canadianjohns refused condoms in one study.alGiven the povertyand homelessnessassociated with prostitution-- 75% of women in prostitutionhad beenhomeless in the 9-countrystudy which included Canada - womenin prostitutionare vulnerableto beingpressured or coercedby johnsand pimpsinto not usingcondoms.

76. An economicanalysis of condomuse in Indiafound that when womenused condoms, they were paid 66% to 79% lessby johns.a' UK researchersconcluded that becausecustomers paid more moneyfor not using "can condoms,extremely risky sex acts alwaysbe purchased."43

77. ln anotherstudy, 47% of womenin U.S.prostitution stated that men expectedsex withouta condom:73o/oreported that men offeredto pay morefor sex withouta condom;and 45%of women said that men becameabusive if they insistedthat men use condoms.oo

INDOORAND OUTDOOR PROSTITUTION COMPARED

O. Thereis littledifference in prostitution'slink with violencewhether the prostitutiontakes placeindoors or outdoors.

78 Thesex industry morphs and expands in partas a resultof developmentsin webtechnology, law, and community opinion. Phone sex and Internet sex via live ot Cunningham,L.C. & Christense1,C. (2001)Viotence against women in Vancouver's streeflevel sextrade and the police response. Vancouver: PACE Society o' Rao,V, Gupta,l, Lokshin,M, Jana, S. (2003)Sex Workers and the Cost of SafeSex: TheCompensating Differentialfor Condom Use in Calcutta.Journal of Development Economics.Vol 7 1 (2):585-603 ot Loff,B, Overs,C, and Longo,P (2003) Can healthprogrammes lead to mistreatmentof sex workers? Lancet36: 1982-3. June 7 2003. oo Raymond,J., Hughes,D. & Gomez,C. (2001).Sex Traffickingof Women in the United States:Links Between International and DomesticSex lndustries.N. Amherst.MA: CoalitionAgainst Trafficking in Women -31-

videochat are forms of prostitutionthat were not developed at thetime that the lawswere enacted. lndoor prostitution includes massage brothels, escort prostitution,gentlemen's clubs, topless clubs, the commercial marriage market, saunaand nail parlor prostitution, strip clubs, lap dance clubs, and peep shows. Outdoorprostitution includes street locations, and automobiles or vansowned by johnsor pimps.

79 Homesor apartmentsare rented for useas brothelsfor escortprostitution. Therelative invisibility of indoorprostitution may increase its danger. When womenprostitute indoors, the community is lesslikely to seethen or noticetheir abuse.Sometimes when prostitution is indoors, neighbors do noteven know that prostitutionis occurring next door. Noone lodges complaints until neighbors becomeirritated about a lackof parkingspace or untilneighbors become suspiciousabout the steady stream of mengoing in andout of thehouse in 20 minuteintervals.

80. Reportsfrom many countries indicate that residential brothels and massage parlorsare locationsto whichwomen are secretly trafficked from other countries andused in prostitution.

81. Womenand children can be controlledin indoorprostitution inways that they cannot be controlledon the street.They can be lockedin theirrooms, heavily drugged,restrained, and beaten. Pimps who run indoor prostitution are no less dangerousthan pimps who are visible on thestreet.

82. Thereis a myththat class privilege protects some women in prostitution.

Demystifyingthis, Giobbe explained what lies beneath the trappings of classin

prostitution: -32-

My experience in prostitution gives the lie to . . . common beliefs about the hierarchyof prostitution,the sfreefs being the worst-casescen ario and ...[escort] seruicebeing the best. ... all I can say is, whetheryou turn tricksin a car by the Holland tunnel or in the Plaza Hotel, you stillhave to take off your clothes,get on yourknees or lie on yourback, and letthis stranger use you in any way he pleases....a5

P. There is no evidence for the assumption that women either prostitute indoors or outdoors but not both. The same women are prostituted in both indoor and outdoor locations.

83. lt is an errorto assumethat women prostitutein one locationand staythere. In fact,they move betweendifferent kinds of prostitution,depending on the locationof johns,the levelof policeharassment, and where the mostmoney can be made- for example,near military bases or at sportsevents or businessconventions.

84. Kramerfound that 59% of 119 womenin the US had been in one or moretype of indoorprostitution - stripclub, massageparlor, and/or escort prostitution - in additionto streetprostitution. 33% had been prostitutedindoors for the longestperiod of time while 66% were involvedin streetprostitution for the longesttime.a6

85. ln similarfindings, I foundthat 46 NZ intervieweeshad beenprostituted in manydifferent kinds of prostitution,including escort, strip club, phone sex, internet prostitution,peep show,bar prostitution,street prostitution, brothel prostitution, and prostitutionassociated with a militarybase.aT

86. In Nevada'ssystem of legalprostitution, half of the womenwe interviewedhad also prostitutedin stripclubs or lap danceclubs, and another50% alsoprostituted via

a5 Giobbe,E. (1991)the Vox Fights,Vox, Winter 1991 ou Kramer,L. (2003)Emotional Experiences of PerformingProstitution. ln M. Farley (ed.)Prostitution. Trafffickinq, and TraumaticStress. Binghamton: Haworth. ot "P" See Exhibit (Farley,fr4. tZOOg) Preliminary Report: New ZealandProstitutron. UnpublishedPaper: Wellington, New Zealand. May 14,2003) -33- escortagencies. Many had prostituted in illegalmassage parlors, street prostitution, phonesex venues, peep shows, and at militarybases.as

8T. Thesefindings are paralleledby a recentstudy of Scottishmen who bought sex. 56%bought sex outdoors and 80% bought sex indoors, with many men buying sexboth in andoutdoors. ae

O. Prostitutiondamages women's sexuality, regardless of its physical locationor its legalstatus.

88. Forthe personin it, prostitutionis harmfulto hersexuality. Women in "paid prostitutionhave described it as rape"and experts have understood it as sexualannihilation. Most people who havebeen in prostitutionfor anylength of timehave tremendous difficulty with sexual intimacy. Sex becomes a job,rather thanan actof loveor passion.Since the sexacts of prostitutionmimic the sexacts of freelychosen sex, her chosen partner feels to herlike a john.

89. Menwho prostitute experience similar damage to theirsexuality and to their senseof self,as wellas symptomsof traumaticstress that are identical to women's.

gO. Theassault on women'ssexuality in prostitutionis overwhelming, yet invisibleto mostpeople. Survivors of prostitutionand those analyzing and researchingprostitution from the Netherlands,Norway, Australia, and the United Stateshave described this process of sexualdestruction. When women are turnedinto objects that men masturbate into or as an organthat is rentedfor 10

"D" ouSee Exhibit (Farley,Melissa (2007) Prostitution and Traffickinqin Nevada:Makinq the Connections.San Francisco:Prostitution Research and Education. 40MacleodJ=arley, M.,Anderson, L., andGolding, J. (2008)Challenqinq Men's Demand for Prostitutionin Scotland:A ResearchReport Based on lnterviewswith 110 MenWho Bouqht Womenin Prostitution.Glasgow:Women's Support Project -34- minutes,as onejohn explained- it causesimmense harm to the personwho is actingas receptacle. Prostitutionand sexualliberation have got nothing to do with each other, they'reexactly the opposite. I donT feel free with my body, I feel bad about it, I feel se/f-conscious./ donT really feel like my,Qody'salive, I think of it more as bruised, as a weight.""

91. Womenin prostitutionat firstmay makea consciousdecision to mentally disconnectthemselves from the specificparts of the body rentedout by johns. "l Stating, save my vaginafor my lover,"one woman performedonly oral sex or masturbation.slOver time, however,this piecing-outof partsof the body in prostitution(johns get this part of the body,lovers get that one) resultsin somatoformdissociation. Sexual and otherareas of her bodyare numbed.Her body itselfbecomes an internalizedcommodity. Her body itselfis compartmentalizedbecause of the traumaof prostitution.

R. Most research comparing indoor to outdoor prostitution has addressed only physicalviolence and not emotionalviolence.

92. On pages1099-1 103 of the researchreview article, "'Bad for the Body,Bad for the Heart:'Prostitution Harms Women Even if Legalizedor Decriminalized" 'F"), (Exhibit I reviewed10 publishedreports and researchstudies that address violencein indoorprostitution, including discussion of similaritiesand differences betweenindoor and outdoorprostitution. Several studies found either no differences betweenthe violencein indoorand outdoorprostitution or increasedpsychiatric symptomsamong women in stripclub prostitution.

50 Jaget,C. (1980).Prostitutes - Our Life.Bristol: Falling Wall Press. ut Pheterson,G. (1996).The ProstitutionPrism. Amsterdam: Amsterdam University Press -35-

93. The samefrequency of rape is reportedby women in bothescort and street prostitution.s2Although some studiesreport greater physical violence in outdoor prostitution,other studiesreport equal violence regardless of the physicallocation of prostitution(see SouthAfrican research study below).

94. Whenwe thinkof what mostpeople consider to be reasonablephysical risk

- the differencesbetween indoor and outdoorprostitution are minimal. 81% of women prostitutingon the streetin Glasgowexperienced violence at the handsof johns. Yet 48% of the womenprostituting indoors were subjectto frequentand seyere violence.s3

S. Thereare anecdotal and also empirical research accounts from many countriesthat johns in indoor prostitutionpresent serious threats of physical and emotionalviolence to prostitutedwomen.

95. Boyer,Chapman & Marshallsuggested that *or"n in indoor prostitution(such as stripclubs, massage brothels and pornography) had /esscontrol over the conditionsof theirlives and probablyfaced greater risks of exploitation,enslavement, and physical harm, than women prostituting on thestreet.sa

52 Raphael,J. & Shapiro,D.L. (2002) Sisters Speak Out: The Livesand Needs of ProstitutedWomen in Chicago.Chicago, lllinois: Center for lmpactResearch 53 ChurchS, HendersonM, BarnardM, HartG. Violenceby clientstowards female prostitutesin differentwork settings. questionnaire survey. BMJ. 2001;322:524-525. (3 March.) uo Boyer,D., Chapman, L., & Marshall,B.K. (1993). Suruival Sex in KingCounty: HelpingWomen Ouf. Report Submitted to KingCounty Women's Advisory Board. Seattle.Northwest Resource Associates -36-

96. Some women in prostitutionhave told me that they felt saferin streetprostitution as comparedto indoorbrothels in USA and in New Zealandwhere they were not permittedby legalpimps to rejectpotentialjohns. They explainedthat on the streetthey could refuseviolent-appearing or intoxicatedcustomers. On the street,they reported, friendscould also make a showof writingdown the john'scar licenseplate number, whichthey considereda deterrentto customerviolence. A john couldbe easilytraced usingsuch methods,whereas a brotheljohn'sidentity would likely be protectedby the brothelowning pimps, making it difficultto identifyor prosecutehim for violentbehavior.

97. Womenin brothelsor escortagencies or stripclubs are not encouragedto complainabout violence to pimp/owners.Sometimes, even afterjohns rapethem, they are firedfor their protests.

98. Sex Workers'Education and AdvocacyTaskforce (SWEAT) in SouthAfrica addressedthe dangersof indoorescort prostitution by distributinga listof safetytips. Theseincluded the recommendationthat while undressing, the prostituteshould "accidentally" kicka shoeunder the bed,and whilerefrieving it, shouldcheck for knives, handcuffsor rope. The SWEATflyer also notedthat fluffingup the pillowon the bed wouldpermit searching there for weapons.

99. An indoorbrothel owner in the Netherlandscomplained about an ordinance "You requiringthat brothelshave pillowsin the rooms: don't want a pillowin the " 55 [brothe|s] room. lt's a murder weapon Familiarwith how customerstreated women in prostitution,the Dutchpimp understoodthat johns are regularlymurderous toward women.

" Daley,S. (2001)New Rightsfor DutchProstitutes, but No Gain.Neyv York Times. August 12,2001.Accessed 8-25-2001 at: http://www.nyti mes. co m12001 | 081 1 2linternalional/1 2D UTC. html -37 -

100. A San Franciscoorganization suggested to womenin indoorescort prostitution: "be aware of exitsand avoid lettingyour customerblock access to those exits,""be aware of where your client (trick)is at alltimes, as much as possib/e,""shoes should "avoid come off easily or be appropriatefor runningin," and necklaces,scaryes, across- the-body shoulder bags or anything e/se that can be accidentally or intentionallybe tightenedaround your throat."56

101. At the 1Sthlnternational AIDS conference in Bangkok(July 11-16,2004), severalsex workergroups presented information about the occupationalhealth and safetyof prostitutes.A Bangkokorganization instructed women in indoorbar prostitutionhow to insertand pullout razorblades from their vaginas. This is understoodto be a job requirementin the indoorbar prostitutionsetting where johnsare sexuallyexcited by the possibilityof the genitalmutilation of Thaiwomen.

T. The emotionalharm of prostitutionis the same in indoor and outdoor prostitution, according to both research evidence and anecdotal reports.

102. Like Plumridge& Abel in New Zealand,sTmy colleaguesand I found more physicalviolence in streetcompared to brothelprostitution in SouthAfrica. However,we found no differencein the incidenceof extremeemotional distress or PTSD in these two typesof prostitution.I concludefrom this findingthat the emotionalexperience of prostitutionis intrinsicallytraumatizing regardless of its I indooror outdoorlocation.ss

uu St James lnfirmaryQ0O4 2nd edition) Occupational Health and SafetyHandbook. San Francisco:Exotic Dancers Alliance and STD Preventionand ControlServices of the and Countyof San Francisco ''Qity "segmented" Plumridge,L & Abel,G. (2001)A sex industryin New Zealand:sexual and personalsafety of female sex workers. Australianand New Zealand Journalof PublicHealth 15(1): 78-83 "o Farley,M; Baral,l; Kiremire,M; & Sezgin,U. (1998)Prostitution in FiveCountries:Violence and PosttraumaticStress Disorder. Feminism & Psvcholoqv,8 (4): 405-426) -38-

103. ln a separatestudy, we comparedstrip club/ massage, brothel, and street prostitutionin Mexicoand found no differencesin the prevalenceof physicalassault and rapein prostitution,of childhoodsexual abuse, or symptomsof PTSD. We also found no differencesin the percentagesof Mexicanwomen in brothel,street, or stripclubl massageprostitution who wantedto escapeprostitution.5e

104. Documentingthe profoundemotional distress experienced by women in two kindsof prostitution,a Canadianstudy compared strip club (indoorprostitution) and streetprostitution. The authorsfound that womenprostituted in stripclubs had higherrates of dissociativesymptoms and otherserious psychiatric symptoms when comparedto women in streetprostitution.60

105. Similarly,Vanwesenbeeck noted substantial emotional distress among womenin legalindoor prostitution in the Netherlands.Investigating emotional distressin womenwho were prostitutedprimarily in clubs,brothels, and windows, Vanwesenbeeckfound that g0% of the womenreported "extreme nervousness."

U. Verbalabuse from johns in indoorprostitution poses a threatto prostitutedwomen's mental health. '

106. Theharm of toxicverbal assaults from johns against those in prostitutionis emotionallydevastating, often outlasting the physical injuries. Yet the verbal abuse in prostitutionis socially invisible just as othersexual harassment in prostitutionis normalizedand invisible to manypeople. Yet it is pervasive:88% of 315

un "B" SeeExhibit (Farley,M., Cotton, A., Lynne, J., Zumbeck, S., Spiwak, F., Reyes, M.E., Alvarez, D.,Sezgin, U. (2003)Prostitution and Trafficking in 9 Countries:Update on Violenceand Posttraumatic Stress Disorder. Journal of TraumaPractice 2 (314):33-74) 60RoSS,C.A',Anderson,G;Heber,s;aruorton@nandAbuse AmongMultiple Personality Patients, Prostitutes and Exotic dancers. Hospital and CommunityPsychiatry 41. 328-330. -39-

prostitutingwomen and adolescents in Canada,Colombia and Mexico described verbalabuse as intrinsicto prostitution.6l

107. Verbalassaults in alltypes of prostitutionare likelyto causeacute and long- termpsychological symptoms. Explaining this process, one woman explained that overtime, "lt is internallydamaging. You become in yourown mind what these peopledo andsay withyou. Youwonder how couldyou let yourselfdo thisand why do fhesepeopte want to do thisto you?'62

PROBLEMSOF LEGALIZATION

V. The overwhelmingmajority of womenin prostitutionwant to escapeit, regardlessof prostitution'slegal status.

108. Womenin prostitutiontell researchers and service providers that what they wantare the same things in lifethat most people want: stable housing, a jobthat affordsthem dignity and self-respect while paying for the basicsin life,'medical care,and protection and schooling for their children.

109. A Toronto,Canada report found that g0% of womenin prostitutionwanted to leaveprostitution but could not.63 Our study in Vancouver,Canada revealed that 95%of womenin Canadianprostitution wanted to escapeit. s

u' SeeExhibit "B" (Farley, M., Cotton, A., Lynne, J., Zumbeck, S., Spiwak, F., Reyes, M.E., Alvarez, D.,Sezgin, U. (2003)Prostitution and Trafficking in 9 Countries:Update on Violenceand PosttraumaticStress Disorder. Journal of TraumaPractice 2 pl$:33-74 u'See Exhibit"H" (Farley, M. (2003)Prostitution and the Invisibilityof Harm.Women & Therapv26Ql $: 247-280) 63Elizabeth Fry Society of Toronto.(1987). Streetwork outreach with adult female prostitutes:Final Report, 5: 12-13 uoSee Exhibit "E" (Farley, M, Lynne,J, andCotton, A (2005)Prostitution in Vancouver: Violenceand the Colonization of First NationsWomen. Transcultural Psvchiatrv 42:242-271 -40-

110. ln a multicountrystudy of 854people in prostitutionin 9 countriesincluding 6s Canada,we foundthat 89% of thosein it wantedto escapeprostitution.

111. In a studyof legalNevada prostitution, Slo/o told us they wanted to escape it.66

W. Legalization of prostitution does not reduce the stigma of prostitution.

112. Accordingto advocatesof legalizationor decriminalizationof prostitution,the primaryharm of prostitutionis the socialstigma against prostitution. Those on all sidesof the debateagree that women in prostitutionare stigmatized.Socially invisibleas full humanbeings, those in prostitutionoften internalize toxic contempt, misogyny,and racismdirected against them.

113. Some havesuggested that legalizationor decriminalizationwould remove this socialprejudice against women in prostitution.Yet the shameof those in prostitution remainsafter legalization or decriminalization.

114. Women in legalDutch prostitution were concernedabout their loss of anonymityin systemsof legalprostitution. Once officiallyregistered as prostitutes, Dutchwomen feared that this designationwould pursuethem for the rest of their lives. Despitethe fact that they would accruepension funds if officiallyregistered as prostitutes,the women stillpreferred anonymity. They wanted to leaveprostitution as quicklyas possiblewith no legalrecord of havingbeen in prostitution.

65See Exhibit"B" (Farley,M., Cotton, A., Lynne,J., Zumbeck,S., Spiwak, F., Reyes,M.E., Alvarez, D., Sezgin,U. (2003)Prostitution and Traffickingin 9 Countries:Update on Violenceand PosttraumaticStress Disorder. Journal of TraumaPractice 2 QlQ.33-74) "D" uuSee Exhibit (Farley,Melissa (2007) Prostitution and Traffickinqin Nevada.Makinq the Connections.San Francisco:Prostitution Research and Education) -41-

115. Noone wants the business of prostitutionoperating in hiscommunity. Thus, zoningof the physicallocations of sexbusinesses is a sinequa non of legalizationor decriminalization.The regulation of prostitutionby zoningis a physicalmanifestation of itssocial/ psychological stigma. Whether in Turkishgenelevs (walled-off multi-unit brothelcomplexes) or in Nevadabrothels (ringed with barbed wire or electric fencing),women in state-zonedprostitution are physically isolated and socially rejectedby the restof society.

X. In Nevada,despite legal prostitution, the womenin it are strongly stigmatized.They are treatedas socialoutcasts.

116. Thesocial stigma of Nevadabrothel prostitution can be seenin everyday conversation,in socialpractices, and in legaland illegal practices that isolate the womenin the brothelsfrom the restof the community.

Y. Legalizationof prostitutiondoes not makeprostitution safer than illegal prostitution.

117. A survivorof prostitutionstated, Thereare thousandsof booksand classesthat provide women withinformation on self-defenseand rape "avoidance" sfrafegies.Some of the basic/essons they teach us are not to walkalone at nighton darkdeserted sfreefs, not to get into cars with strangemen, not to pick up guys in a bar, not to even let a deliveryman into your home whenyou're by yourself. Yef fhis is whatthe "job"of prostitutionrequires; that women put themselvesin jeopardy every time they turn a trick. And then we ask,"How do you preventit from leadingto danger?"The answeris, you can't. Countthe bodies."'

67Evelina Giobbe (1991) The Vox Fights,VoX Winter1991 -42-

118. Bothlegal and illegalsex businessesare placeswhere sexual harassment, sexualexploitation, and sexualviolence occur with impunity.The definitionof the 'Job" of prostitutionis sexualharassment and sexualexploitation.

'Job" 119. lt is not possibleto protectthe healthof someonewhose meansthat she faces a statisticalprobability of weeklyrape. A Canadianwoman in prostitution explainedthat"what is rape for others,is normalforus."68 A womanat a brothelin "like Nevadaexplained that legalprostitution was you sign a contractto be raped."6e

120. A majorityof women in German,South African, andZambian prostitution told us that they did not thinkthat legalprostitution would makethem physicallysafer than illegalprostitution.

121. ln a 20A7study of Nevadaprostitution and ttafficking,we found that2To/oof the women had been pressuredor coercedinto an act of prostitutionin the legal brothels,24o/ohad been physically assaulted in legalprostitution, and 15%had been threatenedwith a weaponin the legalbrothels. 70

JOHNS

Z. Men who strongly support the institution of prostitution also tend to express a tolerance for rape.

122. Among783 collegeundergraduates in the US,those men who were most acceptingof statementsrationalizing prostitution were also the most 'women acceptingof rape myths(attitudes that justify rape, for example: say no but uu "E" SeeExhibit (Farley,M, Lynne,J, andCotton, A (2005)Prostitution in Vancouver: Violenceand the Colonization of FirstNations Women. un "D" TransculturalPsvchiatrv 42:242-271 see Exhibit (Farley,Melissa (zoo7) Prostitution affi Makinq theconnections. san Francisco:Prostitution ddsee "D" Researchand Education) Exhibit (Farley,Melissa (2007) Prostitution and Traffickinq in Nevada:Makinq the Connections.San Francisco: Prostitution Research and Education) -43-

'dressing meanyes,' provocativelycauses rape,' 'women lie abouthaving been raped').71

123. ln relatedfindings, a studyfound a positivecorrelation between having used a prostitutedwoman and findingrape generally "appealing." 72 Anotherstudy notedthat arrestedjohns who purchasedprostitutes at leastonce a week strongly endorsedrape myths.73

AA. Recent research provides new empirical findings on the attitudes and behaviors of men who buy sex in indoor and outdoor prostitution.

124. It has beenestablished that violent behaviors against women are associatedwith attitudes that promote men's beliefs that they are entitled to sexual accessto women,that they are superior to women,and that they have license for sexualaggression.Ta

125. ProstitutionResearch & Education,the educationalorganization I am affiliatedwith, has beguna cross-culturalstudy of men who buy sex. In collaborationwith agencies in India,Scotland, Cambodia, Spain, and USA,we have interviewedhundreds of johns. These interviewshave shed lighton someof the underlyingattitudes and behaviorsthat drive men's demand for purchasedsex.

7' "M" See Exhibit (Cotton,A., Farley,M., Baron,R. (2002)Attitudes toward prostitution and acceptanceof rape myths.Journal of AppliedSocial Psychology 32: 1-8) t'Sullivan, E.,& Simon,W. (1998).The client:A social,psychological, and behaviorallook at the unseenpatron of prostitution.ln J. E. Elias,V. L. Bullogh,V. Elias,& G. Brewer(Eds.), Prostitution:On whores.hustlers. and iohns(pp.134-154). New York: PrometheusBooks edictorsofrapemythacceptanceamongthema|e clientsof femalestreet prostitutes. Paper presented at the AnnualMeeting of the Pacific SociologicalAssociation. San Francisco,CA to White,J.W.& Koss,M.P. (1993). Adolescent Sexual Aggression Within HeterosexualRelationships: Prevalence, Characteristics, and Causes.In Barbaree, H.E.,Marshall, W.L. & Laws,D.R.(eds.) The JuvenileSex Offender.New York: GuilfordPress; Koss, M., Goodman, A., Browne,L., Fitzgerald,G., Keita,G., Russo, N. (1994).No SafeHaven.Washington, D.C.: American PsychologicalAssociation -44-

126. A manwe interviewedexplained that in prostitution, Guysget off on controllingwomen, they usephysical power to control women,really. lf you lookat it, it'spaid rape. You'remaking them subseryientduring that time, so you'rethe dominantperson Shehas to do whatyou want.75

127. We haverecently completed data analysis on 110 johns in Scotland.A 2008study, Challenging Men's Demand for Prostitutionin Scotland:A Research RepoftBased on lnteruiewswith 110Men WhoBought Women in Prostitufion,was authoredby Jan Macleod, Lynn Anderson, Jacqueline Golding and me. Someof ourfindings are set out below.

BB. Menwho paidfor sex in Scotlandheld deeplycontradictory attitudes about prostitution.

128. Almostall (96%)of the menstated that to a significantextent (50% or more of thetime) prostitution was a consentingact betweentwo adults. At the same time,they held diametrically opposing attitudes about prostitution:73oh observed thatwomen prostitute strictly out of economicnecessity and 85% stated that womendid notenjoy the sexof prostitution.

CG. Thejohns we interviewedendorsed a numberof rape-tolerantattitudes.

129. A thirdof thejohns stated that rape happens because men get sexually carried awayor theirsex drive gets "ouf of control."12o/o told us thatthe rapeof a prostitute or callgirl was not possible. 10% asserted that the concept of rapesimply does not applyto womenin prostitution.22o/o of the menexplained that once paid for, the customeris entitledto do whateverhe wants to thewoman he buys.

tt "C" See Exhibit (MelissaFarley (2000) Prostitution, Trafficking, and CulturalAmnesia: What We MustNot Knowin OrderTo Keepthe Businessof SexualExploitation Running Smoothly. YaleJournal of Lawand Feminism18:109-144\ -45-

130. Theseattitudes clarify why prostitutionis so dangerousfor the womenin it. "They'll One of the men we interviewedstated, basicallydo anythingfor money." The beliefthat the moneythey paidcancelled out the harmor exoneratedthe punterwas a recurringtheme in our interviews.

DD.The iohns' frequency of useof womenin prostitutionimpacted their behaviortoward non-prostitutingwomen.

131. Johnswho were more frequent users of womenin prostitutionwere also significantlymore likely to havecommitted sexually coercive acts against nonprostituting women.

CONCLUSION

EE. Prostitutionis not a choice accordingto the usual definitionof the word choice which implies free selection of an option among several available alternatives.

132. Just as wife beatingwas historicallyviewed as havingbeen provokedby the victim,prostitution is stillviewed by some as a job choiceto whichthe victim consents.This is an error. The greatmajority of those in prostitution- 85-95%- tell us that they do not have alternativesto prostitutionfor survival.

"chosen" 133. Prostitutionis as a job by thosewho havethe fewestreal choicesavailable to them. Womenin legalDutch prostitution describe it as "volunteer slavery."Women who are marginalizedbecause of a lack of education, becauseof race and ethnicdiscrimination, poverty, previous physical and emotionalharm and abandonmentare the peoplewho are purchasedby the john for prostitution.

134. lt is confusingto manythat women in prostitutionappear to consentto prostitution.lt is only when one lookscarefully at boththe contextof the consent, -46_ aswell as pasttraumatic abuses, that this apparent consent to andpromotion of prostitutionby somewomen in the sexindustry can be understood.

135. Thecritical question with respect to sex,race, and class-based discriminationin prostitutionis not"did she consent?" but "has she been offered the realchoice to existwithout prostituting?" ln thefollowing three cases, each womansaid that she consented to prostitutionbut in eachsituation, her living conditionsmade prostitution necessary for survival.An Indianwoman said that prostitutionwas "betterpay for what was expected of herin herlast job, anyway;" womenin mostjobs in WestBengal, India, were expected to toleratebosses' sexualexploitation inorder to keeptheir jobs.76 A womanin Zambia,which had a ninetypercent unemployment rate at thetime, stated that she volunteered to prostitutein orderto feedher family.77 ATurkish woman was divorced, and had no meansof supportin a fundamentaliststate that discouraged women from working outsidethe home. Sheapplied to workin a state-runbrothel where police guarded theentrance.Ts

ll. GommentRegarding the MethodologyUsed in my Research

136. ln psychology,the largerthe numberof interviewsconducted using standardizedmeasures that can be replicated,the weightierthe empirical evidence.This is simplycommon sense: a singleinterview carries far lessweight than850 interviews.When standardized conditions and measuresare usedto assesslarge numbers of people,greater confidence is permittedin drawing conclusions.

tuChattopadhyay, M., Bandyopadhyay,S., & Duttagupta,C. (1994).Biosocial FactorsInfluencing Women to BecomeProstitutes in India.Social Bioloqv 41.252- 259 77Interview with Anonymousprostituting woman in Lusaka,Zambia (Feb. 17, 1996). 78Interview with anonymousprostituted woman in lstanbul,Turkey (June 6, 1999) -47-

137. ln my research,I use bothquantitative and qualitativemeans of drawing conclusions.The statisticalanalyses are conductedon the quantitativedata. The qualitativeportion of the research-- individualrespondents' comments and testimony- are usedto exemplifyand clarifythe empiricalfindings.

138. All researchis permeatedwith values. Researchershave our opinions, especiallywhere gross violations of humanrights are studied.tt is dangerously naiVefor any researcherto assumethat he or she is capableof absoluteneutrality. Generally,psychologists agree that all of us approachresearch with a certain perspectivein mind,and that we then posithypothetical relationships, test them, and draw conclusions.I have made my perspectivesand the hypothesesthat I was evaluatingclear in my research.

139. The researchthat I am presentinghere - both my own and others'- has been subjectto peer review. When submittedto a psychologyor socialscience or medicaljournal,3 reviewerswho are expertsin the fieldare askedby a journal editorto do a blindreview, that is, a reviewof the articlethat has the authors' namesremoved. Each criticismand suggestionfrom everyreviewer must be consideredand respondedto in orderto be consideredfor publication.This processusually takes 6 monthsto a year.

140. Expertsin psychologicalresearch who have reviewedmy researchhave not questionedthe samplesselected for study. When studyingpeople who are prostituting,it is understoodby thosewho havedone large-scalestudies of "random prostitutionthat anything resembling what is calleda sample"is impossible.Each researcherdoes his or her bestto clarifywho was interviewed, and how those peoplewere contacted.This has been madevery clear in all my research. -48-

141. ln psychologicalresearch, what is importantis thatthe methodologyis clearlyspecified, how the samplesare obtainedis specified,and alsothat the researchquestionnaires are describedso that psychologistsknow what is being used. Psychologicaltests are rarelyif ever offeredin their entiretyin journals,as thiswould compromise their future use by psychologists.Instead, author contact informationis given,so thatonly qualified individuals are suppliedwith the measuresso that they can replicatethe research.Some of my researchhas been replicatedby otherindividuals.

142. When I beganthe studyof prostitution,like other researchers, I assumed that when I interviewedsomeone on the street,that was the only locationwhere they prostituted.I assumedthat when I interviewedsomeone in a stripclub, that was the only locationwhere she prostituted.And when I interviewedsomeone in a coffeeshop who told me that she workedin a massageparlor, I assumedthat was the only locationwhere she prostituted.I was wrong. I have discoveredthat almosteveryone prostitutes in morethan one location,often several locations, both indoorsand outdoors.Furthermore, the longersomeone is in prostitution,the more likelythey are to prostitutein a great manylocations, sometimes up to 5 or 6 "street" differentkinds of venues. Thus the absolutedistinction between and "indoor" prostitutionis outdated.

143. The assumptionthat if legalprostitution exists then the personwill prostitute only in legalvenues - is also outdated. Researchershave now foundthat people moveback and forth between legal and illegalvenues, depending on the money earnedand otherfactors. -49-

III. DIRECTRESPONSES TO DR. LOWMAN'SASSERTIONS

Direct response to Assertion #3 on page 148 of Dr. John Lowman's Affidavit

144. Dr.Lowman defines as opportunisticthat prostitution in which"a person makesa choiceto prostitutemainly because of the financialreward in a situation wherethey do haveother economic choices." He definessexual slavery as a "a situationwhere personforces another to prostitufe"and survival sex as "a personchooses to prostitutein a situationwhere they have very few or no other choices."

145. Distinctionsbetween opportunistic prostitution, sexual slavery, and survivalsex are impossible to detectin the reallives of womenin prostitution.As I pointout in myAffidavit, 89% of the 854women and men I haveinterviewed in g countriesstated that they were in prostitutionbecause of a lackof alternatives.Dr. Lowman'sAssertion #3 doesnot clarify the natureof forceor coercionwhich might be povertyin someinstances or a priorhistory of interpersonalabuse or violencein others.

146. Historicalanalyses have distinguished more severefrom less severe harmsassociated with intrinsically harmful human institutions. Wife battering and slaveryserve as examples.

147. Peoplein prostitutiontell us that the harms that are invisible and that leaveno physicalmarks -relentless and toxic verbal abuse from pimps and johns alike,mental degradation, brainwashing, social isolation, the requirement that they smilewhile being harmed or elsetheir children will be harmed- arethe harms that lastthe longest, leave the most damaging emotional scars, and in someinstances neverheal. These are also precisely the harms that are ignored when we futilely attemptto distinguishopportunistic prostitution, survival sex, and sexual slavery. -50-

148. Thiscategorization of differenttypes of prostitutionignores the structural inequitiesof sexinequality, poverty and class privilege, and racism that relentlessly channelwomen into prostitution. These are forces that truly coerce women into makingthe "choice"of prostitution.As onesurvivor eloquently stated, prostitution is the "choicethat is nota choice."

Directresponse to Assertion#26 on page158 of Dr.John Lowman'sAffidavit

"overkill" 149. Whilethe extremeviolence that Dr. Lowman refers to as is dramaticto the obseryor,many homicides of prostitutedwomen occur by the john's strangulationor suffocationof herin indoorprostitution.

Directresponse to Assertion#30 on page161 of Dr.John Lowman'sAffidavit

". 150. Dr.Lowman stated that ..thevast maiority of womenworking in massageparlours, escorf seryices or as independentoperators have not experiencedany violence."There is an assumptionhere that physical violence is theonly kind of violencein prostitution.This is an error. MyAffidavit has describedother kinds of interpersonal,mental, and emotional violence.

Directresponse to Assertion#31 on page162-'164 of Dr.John Lowman's Affidavit

151. Somestudies comparing indoor and outdoor prostitution have found higherrates of violencein outdoorprostitution. Yet violence also occurs in indoor prostitutionat a levelthat is unacceptable.ln Dr.Lowman's charts from Tamara O'Doherty'sthesis, some rates of violenceagainst women in indoorprostitution are given. -51

"independents" "escorts" 152. The differencebetween and is not clearunless "escorts" it is the case that are prostitutingfor a pimpwho owns an agency. Followingare someexamples of violencein thesecharts. Decimals are rounded up or downbased on whetherthe valueis lessthan 5 or 5 or greater:

153. In escortprostitution,29o/o were threatenedby johns and 17o/o threatenedby a boss or pimp. 17o/owerethreatened with a weapon. 25ohwere physicallyassaulted by johnsand 13%were sexually assaulted by johns. 21% reportedkidnapping by johns. Theseare significantrates of violence.

154. ln massageparlors, women reported that 13%were physically assaulted and 137owere sexually assaulted by significantothers. This finding speaks to the surroundof violencein prostitution,whether or not these significantothers were pimps,as is oftenthe case. The assumptionseems to be madethat significant othersor bossesare not pimps,when this may not be true.

155. In independentprostitution, 15o/o of women reportedthreats from clients. 12% had been physicallyassaulted and 12% had been sexuallyassaulted. 8% reportedkidnapping.

156. See my commentsabout indoor and outdoorprostitution stated in my conclusions"O to "Y"above.

Directresponse to Assertion#33 on page164 of Dr.John Lowman'sAffidavit

157. Dr.Lowman stated that women who prostitute in streetprostitution "begin theirwork at quitea youngage." ln ourstudy of legalindoor Nevada prostitution,23o/oalso told us that they began prostituting as children. -52-

Directresponse to Assertion#41 on page169 of Dr.John Lowman'sAffidavit

158. The presenceof a maidindoors does not protect women from rape, attemptedrape, strangulation or otherphysical violence. lt doesnot protect womenfrom toxic verbal abuse or emotionaldistress in responseto actsof prostitution.Even panic buttons in brothelsfail to elicita speedyenough response frombouncers or securityguards or maidsto preventjohns' rapes or other violence.

159. Flatsare locations where extremely violent prostitution and trafficking of EasternEuropean women into London takes place. Flats are also the locations intowhich Asian women are increasingly trafficked into brothel prostitution on the westerncoast of NorthAmerica.

Directresponse to Assertion#42on page 170of Dr.John Lowman'sAffidavit

160. Dr.Lowman states that those in prostitution"combine" prostitution on thestreet with indoor locations. lt is obviousin this Assertion and as I havealso pointedout in thisAffidavit that we cannot separate the street and indoor prostitution.Women are moved to whereverthe demandfor prostitutionexists.

Directresponse to Assertion#45 on page 171-2of Dr.John Lowman's Affidavit

161. Dr.Lowman summarized the extreme violence reported in indoor prostitutionby Raphaeland Shapiro: 50% of womenin escortprostitution reported rape,51% of stripclub dancers had been threatened with a weapon,33% of womenusing their homes as brothelshad been threatened with rape or raped. WhereDr. Lowman cites research studies with larger samples, his Affidavit bears moresimilarity to theempirical studies that I amciting here. -53-

162. On the otherhand, anecdotal reports, often provided by individualswith a politicalagenda to legalizeprostitution, are simplyone person'sopinion rather thanscientific findings.

Direct response to Assertion #45 on page 172 of Dr. John Lowman's Affidavit

163. There is no evidencethat survivorsof prostitutionare biased interviewersany morethan any otherinterviewer is biased.Libby Plumridge, a New Zealandresearcher whose data Dr. Lowmancites, employed currently prostitutingwomen as interviewers.

164. As IneVanwesenbeeck drily remarked out in her landmark1994 book on Dutchprostitution, the most commonbias in our field is that researcherstend to view prostitutionfrom the john's perspective.

165. I makethis affidavit in responseto thisapplication, and for no otheror

improperpurpose.

SWORNbefore me at the City of San Francisco,in the Stateof California,on this dayof April,2008.

Commissionerfor TakingAffidavits MelissaFarley P q)

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Canadianpopulation, and also that they tended to stayin prostitutionfor a longer timethan non-Aboriginal women. The authors interpret this to reflectthe Aboriginal women'spoverty and lack of accessto otheropportunities because of racism.The Aboriginalwomen reported being more frequently sexually harassed or assaultedby policethan non-Aboriginal women.3o

PIMPS

H. A majorityof womenin legaland illegalprostitution have pimps who controlthem either mentally or physically.

51. lt is an errorto assumethat legal prostitution will remove the crime of pimping.Half of thewomen interviewed in a recentstudy of legalNevada prostitutionreported that they had pimps. Furthermore, they usually did notdefine theirhusbands and boyfriends as pimpseven though they were supporting these menvra prostitution. Thus the actual percentage of womenin legalprostitution whoare controlled by pimpsmay be even higher than 50%.

52. Legalbrothels often have a "doublelayer" of pimps:the legalpimp who runs thebrothel and an illegalpimp who controls the woman's income, outside the legal brothel.

l. Pimpsuse manyof the methodsused by torturersto mentallycontrol womenin prostitution.

53. Thesetechniques include social isolation, sensory deprivation/ torture, deliberatelyinduced exhaustion and physical debilitation, threats to thewoman in prostitutionand to herfamily, occasional reprieves and indulgences,posturing as omnipotent,degradation and enforced dependency, enforcing capricious rules, deliberatecreation of dissociatedparts of theself who happily and willingly

to Nixon,K. Tuttly,L., Down P., Gorkoff,K., Ursel,J. (2002)"The EverydayOccurrence: ViolenceAgainst Women", Vol. 8, No.9: 1016-1043