Farley Amendment Proposal to Resolution ACR6 3-27-19

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Farley Amendment Proposal to Resolution ACR6 3-27-19 1 To: Nevada Committee on Legislative Operations and Elections Sandra Jauregui, Chair; Ozzie Fumo, Vice Chair;Skip Daly, William McCurdy, Brittney Miller, Daniele Monroe-Moreno, Selena Torres, John Hambrick, Glen Leavitt, and Tom Roberts, Members Date: March 27, 2019 From: Melissa Farley, Ph.D., San Francisco, Ca. (CV attached) Re: Resolution ACR 6 proposes a "committee to conduct an interim study concerning the health and well-being of workers at licensed brothels." This proposal should be revised to include an interim study concerning the health and well-being of all persons in Nevada prostitution for the following reasons: 1. Legal brothel prostitution is only 10% of Nevada's prostitution. The vast majority of Nevada prostitution is illegal and has been under-studied. 2. There have been previous studies of Nevada legal brothels (Brents, Jackson and Hausbeck, State of Sex, Tourism, Sex, and Sin in the New American Heartland 2009). A 2009 study by Brents and Hausbeck, Violence and Legalized Brothel Prostitution in Nevada: Examining Safety, Risk, and Prostitution Policy investigated the health and well- being of women in the legal brothels. A woman interviewed by Brents and Hausbeck described a near-lethal assault by a customer in a brothel where he cornered and choked her, fracturing her larynx. She stated that she would probably be dead if another woman hadn’t heard the scuffle and broken into her room. I did a 3-year study of the health and well-being of those in legal Nevada brothels supported by a grant from the U.S. State Department (Farley, Prostitution and Trafficking in Nevada: Making the Connections, 2007). I spoke with a 25-year old woman I’ll call Amber in a Nevada brothel who had grown up in a sexually and emotionally abusive family. She had been diagnosed in childhood with a learning disorder. Implying that Amber was defective because she couldn’t read or write, her mother sold 16 year-old Amber into a legal brothel. Her parents then received child welfare payments from social services for her three children. Amber felt that her role in life was to turn tricks. “But they told me I’d be a bad parent,” Amber told me when I brought up the possibility of her leaving the brothel and raising the children herself, with social service payments going to her rather than her parents. The depth of her self-loathing was off the charts. She was deeply convinced that the only way she could do anything for her children, aged 8, 5, and 2 years, was to prostitute and give that money to her parents. Not surprisingly, Amber had been in and out of mental hospitals several times, and when I saw her she was on 9 psychotropic medications including sleeping pills, antidepressants, antianxiety medications, antipsychotics, and drugs to reduce the severe side effects of antipsychotics. 2 Given all the drugs she was on, I was surprised that she could walk and talk. Despite the drugs, she still had symptoms of posttraumatic stress disorder. Most Nevadans have little awareness of the adverse conditions in the legal brothels. We found that 23% of the 45 women who we interviewed in legal brothels had been prostituted as children, that is, they had been trafficked into prostitution. 81% of the women in the brothels would have escaped immediately if they were provided a genuine alternative to prostitution. 47% had been homeless prior to prostitution. 50% told us that most women in the legal brothels had illegal, as well as a legal, pimp. The links between legal and illegal prostitution in Nevada, and the profound harms caused by prostitution in both legal and illegal prostitution are similar to those in other countries where legal prostitution exists. As Brents and Hausbeck pointed out, Nevada’s legal brothel system makes use of “the legacy of other brothel legislation and regulation,” from the Netherlands, Australia, and Germany. We should continue to use research data that is being generated on the consequences of legal prostitution. Writing for the American Medical Association Journal of Ethics in 2017, Rothman concluded that legalization of prostitution in the Netherlands, Germany, and New Zealand did not make prostitution safer from violence or other health risks known to be connected with prostitution. How can we assess the health status of women in both legal and illegal Nevada prostitution? Application of rules, contracts, and oversight/regulation by the State in legal prostitution is erratic and may not be the best way to assess the health and well being of women in the legal brothels. That assessment must be done by independent researchers. For example, during the course of investigating the well being of women in the legal Nevada brothels in 2007, I found that state health insurance coverage specifically excluded harms to their reproductive systems. This is a small example of the ethical and legal complexity of assessing health and well being of an extremely vulnerable population who at the same time are generating massive revenue for both legal and illegal pimps. While legal pimp/brothel owners or managers should be included in a study of contracts, insurance and well being of those in Nevada prostitution - - pimps, owners, and managers should not be permitted to select women to interview and they should not be present during interviews. Interviews should take place without a pimp or managers present at a location outside of the brothel since most brothel rooms have listening devices. Special attention must be paid to the smaller, less well-known Nevada brothels that have tended to refuse entry to researchers. In our previous study of Nevada brothels, 50% of the brothels refused researchers' entry. Those are likely the most dangerous brothels and every attempt should be made to include the women in them. In the 2007 research study O-2 3 of a Nevada brothel, I asked a Czech woman about panic buttons in the rooms. She became apprehensive, explaining, “we’re not allowed to talk about panic buttons.” Czech women are among the most commonly trafficked women in Europe. A study of the health and well-being of women in legal and illegal Nevada prostitution will include standardized measures of interpersonal violence, standardized psychological measures of emotional distress including depression, suicidality, and dissociation. Assessment of physical health should also be conducted using research methodology that meets professional standards. Violations of human rights and human dignity can be assessed using valid research methodology rather than open-ended interviews of women who are selected by pimps. Nevada legal brothels produce a stigmatized class of women - therefore standardized measures of internalized stigma can offer important information regarding their health status. 3 In addition to units of local governments, brothel owners and operators, workers in brothels, a committee to study of the well being of women in prostitution will include not only local but state and federal law enforcement personnel. For example, the FBI found a number of trafficked women in a northern Nevada brothel in the past decade. Pimps who owned and managed that legal brothel were arrested for trafficking and the brothel was shut down. Federal law enforcement should be included in a study of the well being of women in the legal brothels. There are others such as mental health and public health experts, and shelter operators who should be included on the Committee to study the health and well being of brothel workers. Additionally, women who have exited the Nevada legal brothels should also be interviewed. I can supply the Committee on Legislative Operations and Elections with a list of stakeholders who might contribute information to a smaller group of experts on legal and illegal prostitution who would produce a study. I am available to assist in any way that I can. Melissa Farley, Ph.D., Executive Director Prostitution Research & Education, San Francisco [email protected] O-3 4 Melissa Farley, Ph.D. Box 16254, San Francisco CA 94116-0254 [email protected] DEGREES, LICENSES, INTERNSHIPS Ph.D., 1973, University oF Iowa, Counseling Psychology Clinical Psychology Internship approved by American Psychological Association, 1973 M.S., 1966, San Francisco State University, Clinical Psychology B.A., 1964, Mills College, Oakland, CaliFornia Licensed to practice psychology in CaliFornia Member, Psychologists For Social Responsibility Dr. Farley has practiced as a clinical psychologist for 50 years. She brings that experience to her consultations with agencies, governments, and advocates for prostituted and trafficked women. She has articulated the harms of prostitution, pornography, and trafficking as an expert witness in forensic evaluations. She has been categorized as a legal expert on the effects of sexual violence against women and children, posttraumatic stress disorder, dissociation, prostitution, and trafficking. In 2013 she received the Innovative Demand Reduction Program award from Global Centurion/Norma Hotaling Awards. Melissa Farley has written 35 peer-reviewed articles on prostitution and traFFicking, and 2 books, Prostitution, Trafficking & Traumatic Stress (2004) and Prostitution and Trafficking in Nevada: Making the Connections (2007). Her research has been used by governments in South AFrica, Canada, France, Cambodia, New Zealand, Ghana, Sweden, United Kingdom, and United States For education and policy development on prostitution and traFFicking. Dr. Farley has spoken at and keynoted a number of conferences on the topic of prostitution and trafficking. She has a wide range of experience in teaching and consultation. Dr. Farley has provided consultation as an expert on the harm of prostitution to the Medical Examining Board of the State of California, in 2002. She has provided psychological evaluations of prostituted young women in California, Florida, and Illinois. She conducted a forensic evaluation of a woman trafficked into the United States from Asia. The civil case was settled.
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