Decriminalization of Sex Work: The New Zealand Model An Analysis of the Integrative Sex Industry Policy in New Zealand (Aotearoa) Cover illustration: Hélène Rosenmöller A commercial edition will be published by Eleven International Publishing, The Hague, ISBN 978-94-6236-884-2 Decriminalization of Sex Work: The New Zealand Model An Analysis of the Integrative Sex Industry Policy in New Zealand (Aotearoa) Decriminalisering van sekswerk: het Nieuw-Zeelandse Model Een analyse van het integratieve seksindustriebeleid in Nieuw-Zeeland (Aotearoa) (met een samenvatting in het Nederlands) PROEFSCHRIFT ter verkrijging van de graad van doctor aan de Universiteit Utrecht op gezag van de rector magnificus, prof. dr. H.R.B.M. Kummeling, ingevolge het besluit van het college voor promoties in het openbaar te verdedigen op maandag 17 december 2018 des middags te 12.45 uur door Joseph Ignace Marie Rottier geboren op 26 september 1949 te Heerlen Promotor: Prof. dr. D. Siegel Copromotor: Dr. B. Oude Breuil Acknowledgements In many countries worldwide, sex workers often have no other choice than to carry out their profession in illegal and dark environments. Repressive policies might force them to work in difficult or dangerous fields. They often need to struggle against incomprehension, moral disapproval, prejudices, and increasing stigmatization by society and politicians. The more data I gathered during my research, the more I became aware of the impressive effects the pragmatic New Zealand sex industry decriminalization policy has on sex workers and other parties in this country. First and foremost, I want to thank all participant sex workers for their preparedness to share their experiences, their narratives, their emotions, and their opinions about the past, the present, and the future on the New Zealand sex industry. A tear and a smile went hand in hand in our open conversations in which you provided me with a broad and rich scale of data. Thank you very much for your willingness to cooperate. My thanks also to NZPC. In particular, I want to sincerely thank Catherine Healy – National NZPC Coordinator – Calum Bennachie, Bridie Sweetman, Anna, Annah, and Ahi for sharing their expertise. Their hospitality, guidance, and unconditional preparedness to cooperate and to mediate led me to key respondents from various backgrounds. In addition, I also thank all other NZPC staff members and volunteers. Their perspectives regarding the effects of decriminalization – often without romanticizing or losing sight of the dark parts of the industry – provided me with highly valuable information. Moreover, I always felt welcome at the NZPC community centers. Catherine, York Bay is marked in my memory. Particular thanks to dr. Gillian Abel. Her broad knowledge about the developments related to the national and international sex industry deeply inspired me. Also my gratitude to dr. Carol Harrington, dr. Jan Jordan, dr. Lynzi Amstrong, dr. Michael Roguski, and Tim Barnett. Our conversations and discussions led to very useful insights. I wish to sincerely thank all other respondents in New Zealand for the time they took to answer my questions. Hearing their visions and opinions highly supported me to interpret both the advantages of the decriminalization of sex work as well as the tensions that arise when implementing a new legislation. vi Acknowledgements My thanks also goes to all key respondents in the Netherlands: members of parliament; members of PROUD, P&G292, and Swexpertise. Thank you for your time to be interviewed for this research. Dina Siegel, our first meeting at the Willem Pompe Institute in Utrecht in 2013 meant the beginning of a fascinating research project, starting with your approval to become my supervisor. You expressed your enthusiasm about my New Zealand research topic from the beginning till the end. I needed this support – from the beginning till the end. Moreover, your knowledge, passion, and experience enforced and inspired me to take the right steps. In addition, you motivated me to defeat my dark moments of hesitation and doubts that occasionally occurred. Thank you very much. Brenda Oude Breuil, during these past six years I experienced how important you, as my copromotor, became to me. ‘Kill your darlings’; ‘Take a break now, your brain will go on’; ‘Carry on, you’re doing well’, just a few of your words you would whisper when I needed them most. Your expertise and talent to unravel complicated parts of my research impressed me. In addition, I enjoyed – and still do – your eloquent way of talking and writing. Dear supervisors, you guided and challenged me throughout the entire PhD process. Thank you for your wisdom, patience, trust, your comments and valuable feed back. You both introduced me to the world of criminologists and critical reflection. Never too old. Furthermore, many thanks to the Willem Pompe Institute, especially the Criminology section. It has been a privilege working there. Damián, your intelligence and fighting spirit are a source of inspiration for me. As for all my (former) PhD colleagues, particularly the ‘2013+ group’ Rosa, Roos, Veronika, Elina, and Daan, I have truly enjoyed our thought provoking discussions as well as our shared laughter. A special thanks to professor Frank Bovenkerk who spent a part of his valuable time reading my thesis. His analysis led to the implementation of an important component that highly contributed to the quality of this thesis. To the members of my defence committee, prof. Ine Vanwezenbeeck, prof. Alexis Aronowitz, prof. Jay Albanese, prof. Hendrik Wagenaar, and prof. René van Swaaningen, I would like to express my gratitude for taking their time to read and comment on my manuscript. I also offer my sincere thanks to Elyzabeth for improving my English work, Marjolein for our inspiring English conversations, Anne for her critical reading of parts of my work, my IT specialists Paul and Nicky for solving the adrenalin- producing pc break downs, and last but not least Wieneke for her impressive skills and experience in editing the final version of this book. Thanks to the family members and good friends who followed me during this PhD project. Apart from the drinks and laughs, their support and questions contributed to the result of my research as it now is presented. To my children Eline and Reinout, and their partners Diederik and Claire. Your warm dedication, your comments after reading, and, moreover, your Acknowledgements vii ongoing support encouraged me. In addition, the awareness of having my children by my side as ‘paranimfen’ both moves me and makes me proud. Finally, my immeasurable thanks to my wife Hélène. From the very bottom of my heart: your love, patience, trust, and support have been indispensable to successfully finishing my PhD research. You have also designed the beautiful cover of this book. For both of us the research was energy giving and at times energy absorbing. You stood by my side. Joep Rottier Utrecht, October 2018 Contents List of Abbreviations xiii Chapter 1 Introduction 1 1.1 The New Zealand Sex Industry: a Brief Introduction 3 1.2 The Decriminalization Process of the New Zealand Sex Industry 4 1.3 Research Aims, Research Question and Sub Questions 6 1.4 Relevance 8 1.5 Structure of the Book 10 Chapter 2 Methodology 13 2.1 Desk Research 13 2.2 Explorative and Descriptive Research 14 2.2.1 Interviews 14 2.2.2 Observations 18 2.2.3 Recording and Analysis of Data 18 2.4 Ethical Reflections 20 2.5 Gendered ‘Power’ Relations and Reciprocity 23 2.6 Research Limitations 26 2.7 Validity, Reliability, Triangulation 26 Chapter 3 Theoretical Perspectives 29 3.1 Terminology: The Way You Perceive 29 3.2 Including or Excluding Sex Workers? 31 3.3 The Ongoing Stigma on Sex Work 32 3.4 The Stigma of Sex Workers as Victims of Human Trafficking 34 3.5 Social Movement 37 3.5.1 The Concept Social Movement 37 3.5.2 Decriminalization of the Sex Industry as a Social Movement 38 x Contents Chapter 4 Sex Industry Policies 41 4.1 State Protection or Own Agency? 41 4.2 Sex Industry Policies 43 4.2.1 Current Main Sex Industry Policies 44 4.2.2 Critical Notes on Terminology and Meaning of Sex Industry Policies 46 4.2.3 Sex Industry Morality Politics 48 4.2.4 Repressive, Restrictive, and Integrative Sex Industry Policies 50 4.2.5 Restrictive and Integrative Policies 52 4.2.5.1 Sex Industry Policies: Rule-Heavy or Rule-Light? 52 4.2.5.2 Reducing or Minimizing Harm within the Sex Industry 53 4.2.6 Repressive Policies: No Harm Reduction Strategies for Prostitutes 55 4.3 Sex Industry Policies and Collaborative Governance 56 Chapter 5 Macro Level: The Development of New Zealand’s Sex Industry: History and Context 59 5.1 Sexual Intercourse in Precolonial Maori Tradition 59 5.2 From Sex as a Gift to Sex as Commerce 61 5.2.1 Female Immigrants 64 5.3 The Nineteenth Century: From Tolerance and Regulation to Intolerance and Abolishment 64 5.3.1 From Tolerance to Regulation: Control the Women, Leave the Men 66 5.3.2 Increasing Resistance Against the Double Standards 69 5.4 The Twentieth Century: Prostitutes as Criminals 72 5.4.1 The Wheels for Change Start in Motion 75 5.5 “Decriminalization, Nothing Else” 75 Chapter 6 Meso Level: The Path to Decriminalization 79 6.1 “We All Have the Same Accent”: Fairness, Equity, and Justice 79 6.2 New Zealand: Inclusive or Exclusive Society? 82 6.3 Sociopolitical Backgrounds 83 6.3.1 The HIV/AIDS Epidemic 83 6.3.2 The Preparedness of Academics and Other Parties to Step In 85 6.3.3 The Parliamentary Process Towards Decriminalization 87 6.3.3.1 From First-Past-The-Post to Mixed-Member-Proportional 88 6.3.3.2 From Unawareness to Awareness 88 6.3.3.3 A Conscience Vote Instead of a Party Vote 89 6.3.3.4 Political Arguments Behind Voting for PRA 93 Contents xi 6.3.4 The Role of the Media 95 6.4 Working in a Decriminalized Environment: The Sex Workers’ Views 97 6.4.1 Health, Safety, and Self-Determination 99 Chapter 7 Micro Level: An Analysis of the Role and Impact of NZPC 109 7.1 ‘They Are Somebody Here’.