If you have issues viewing or accessing this file contact us at NCJRS.gov. \ -~·l I I I • I --) 86638 Oregon Legislature Res('Qrch, PROSTITUTION: ALTERNATIVES TO PROHIBITION 81:284 Legislative Research was asked to provide background in- formation on legalized female prostitution in cities, states, and countries. This monograph examines several countries' policies RESEARCH MONOGRAPH and procedures for zoning, licensing, taxing, certifying, or al- lowing only certain kinds of prostitutes. Alternatives to PROSTITUTION: ALTERNATIVES TO PROHIBITION prohibition in the United States are also discussed. Introduction Prostitution is prohibited in every state in the United States, except Nevada. Critics of this policy argue that criminal law is an ineffective and improper means to control prostitution. They believe that prostitution is private sexual conduct between consenting adults and should not be proscribed by the state. It is argued that criminalizing prostitution fosters disrespect for the law by discriminating against women and by requiring the police to engage in entrapment in order to make arrests. Enforcing laws against prostitution also can be a drain on time and money for police, courts, and correction agencies. l Yet public opinion holds that the law should regulate prostitution-related activities that are harmful or offensive to Prepared by: Fred Leonhardt Research Analyst lKen Bode, "New Life for the Oldest Profession," New Republic, July 8, 1978, \ p. 23. ~ November 25, 1981 ~ l\ 81 :284 l\ 1 :t ; ~ i \. legislative Research is a component of the legislative Administration Committee " ,LJ I .'- the public. Such activities include public solicitation, juvenile prostitution, and associated crime (e.g. drugs, assault, theft) . The American policy of prohibiting prostitution is the ~x- ception rather than the rule worldwide. Most nations have at- tempted to control prostitution-related activities while legalizing the act itself. Despite these attempts, sources in this monograph indicate a lack of data on the effectiveness of any attempt to regulate prostitution or its related activities. 2 West Germany According to a Policy Analysis study, West German federal law says the following about prostitution and related activities: (1) Prostitution may not be banned in towns of over 20,000 inhabitants. Each city may, however, regulate the practice of prostitution by local ordinance. (2) Pimping and procuring are illegal. (3) Prostitution is not allowed in schools, churches, cemetaries; or houses where people are under 18 years of age. (4) Prostitutes must be age 18 years or older and must rl be citizens of West Germany. '/ (5) Boys between the ages of 14 and 18 may purchase the services of a prostitute only with parental ~ permission. I, 1 2Jacqueline Boles and Charlotte Tatro, "Legal and Extra-Legal Methods of Controlling Female Prostitution: A Cross-Cultural Comparison," International Journal of Comparative and Applied Criminal Justice 2 (Spring 1978): 71-72. -2- the public. Such activities include public solicitation, (6) Each of the 11 states that comprise the Federal juvenile prostitution, and associated crime (e.g. drugs, assault, Republic of West Germany is responsible for public health control, including VD control. The West theft) . German health department has interpreted this to mean that the states are responsible for doing The American policy of prohibiting prostitution is the ex- regular VD checks on prostitutes. ception rather than the rule worldwide. Most nations have at- (7) Income from prostitution is subject to taxation. Unlike other employed, tax-paying West German tempted to control prostitution-related activities while citizens, however, prostitutes are not eligible for unemployment compensation or for social legalizing the act itself. Despite these attempts, sources in security benefits, nor are they covered by the country's national health insurance program. 3 this monograph indicate a lack of data on the effectiveness of Prostitutes must register with the local health department any attempt to regulate prostitution or its related activities. 2 and must be checked for VD at regular intervals, at government expense. And they must carry special health cards which indicate West Germany the date of their last health check. No other licensing, regis- According to a Policy Analysis study, West German federal tration, or certification is required of prostitutes or brothels. law says the following about prostitution and related activities: Zoning. Each city is allowed to regulate prostitution by (1) Prostitution may not be banned in towns of over local ordinance. Munich, for example, has adopted a multiple- 20,000 inhabitants. Each city may, however, regulate the practice of prostitution by local zone policy that restricts streetwalking to nine designated areas ordinance. \ of the city. Streetwalkers may work two of these areas at any (2) Pimping and procuring are illegal. time of day, but are restricted to the hours between 8 p.m. and 6 (3) Prostitution is not allowed in schools, churches, 4 cemetariesj or houses where people are under 18 a.m. in the other seven. years of age. According to one observer, the multiple-zone policy keeps (4) Prostitutes must be age 18 years or older and must be citizens of West Germany. prostitution from concentrating in anyone area of the city and s (5) Boys between the ages of 14 and 18 may purchase has thereby reduced associated crime. It also enables health the services of a prostitute only with parental permission. authorities to more easily keep track of prostitutes. A 2Jacqueline Boles and Charlotte Tatro, "Legal and Extra-Legal Hethods 3Barbara Yondorf, "Prostitution as a Legal Activity: The West German of Controlling Female Prostitution: A Cross-Cultural Comparison," Experience," Policy Analysis 5 (Fall 1979): 420-421. International Journal of Comparative and Applied Criminal Justice 2 (Spring 1978): 71-72. 40ff-street solicitation is allowed at any time of the day in any part of Munich, except in the city center and cemetaries. SIbid., p. 430. -2- -3- - ,. ·...."..==---~N~. -._- disadvantage to zonJ.'ng J.'s that police must spend time ensuring Associated crime. According to Policy Analysis, pro- that prostitutes stay within the designated boundaries. But stitution-related crime is not a serious problem in West Germany, because most customers frequent the zoned areas, there is little • i although there are no studies that compare the incidence of crime incentive for prostitutes to stray. in prostitute and nonprostitute areas of a city, Prostitution- Other cities, including West Berlin, have adopted a no-zone related crimes are mostly minor, with streetwalkers and their policy that allows prostitution in any part of the city. This customers being the most likely victims, 7 policy has not created major problems in residential neigh- Public solicitation. Problems associated with prostitu- borhoods because Wes t Ber l J.n' prostJ.'tutes gravitate toward adult tion, such as unwanted soliciting, noise, litter, or interference entertainment distrJ.c't s. Although registering and checking with other businesses, are not significant in West Germany, ac- prostitutes is more difficult under this system, police time is cording to the study. Prostitutes' times and places of business not spent keeping them inside a boundary. are usually regulated and limited to adult entertainment areas. Under a single-zone policy, all types of prostitution are In addition, regulations on advertising, laws against disturbing limited to a single area, such as Hamburg's st. Pauli district, the peace, and the restriction of street prostitution to after an adult entertainment zone that measures about a half a square shop hours aid in controlling the public nuisance aspect of kilometer. Women are restricted to sitting in lighted windows to prostitution. attract customers, or to walkJ.'ng designated streets between cer­ Juvenile prostitution. As is the case in the United tain hours. Minors are prohibited from entering the area. States, the majority of West Germany's juvenile prostitutes are One advantage of the single zone system is that police and runaways, Most are streetwalkers because prostitution establish- health authorities can easily keep track of prostitutes. In ad- ments avoid hiring under-age girls. Health clinic staffs in dition, prostitution is removed from the city's business, resi- Munich and West Berlin give juvenile prostitutes health and birth dential, and family entertaJ.nmen, t d'J.S t rJ.c'ts . On the other hand, control counseling and often try to find them other types of some argue that the single-zone approach increases prostitution­ employment. related crime. One s~urce, however, claims that Hamburg police Prevalence of pimps. Legalized prostitution has apparently are satisfied that current laws and regulations work well. s not lowered the number of prostitutes having pimps. While German SElizabeth and James Vorenberg, "The Biggest Pimp of All," Atlantic, January 1977, p. 31.· 7In Hamburg the most common prostitution-related crime is cheating a customer; second-most common are stealing and robbery, -4- -5- streets ... should be freed from what is offensive or injurious and law forbids pimping, conviction is difficult unless a prostitute made tolerable for the ordinary citizen who lives in them or registers a strong complaint against him. passes through them. "9 Incidence of venereal disease. West German prostitutes The 1959 Street Offenses Act enacted the committee's recom- found to have VD are referred to a private doctor for treatment mendations into law. Under the act, soliciting on the streets and their health cards are confiscated by the health authorities became punishable by a fine, and pimps, madams, and others living until treatment is concluded. Health authorities told Policy off the earnings of prostitution can be given heavy fines and Analysis that the only way to handle the VD problem is to long jail sentences. Brothel landlords can be arrested, but not legalize prostitution and require regular, government paid health prostitutes. The act does not require venereal disease exami­ checks. nations because they are regarded as a violation of civil rights.