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Sex workers challenging Canada's prostitution laws
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CTV.ca News Staff
Date: Tue. Oct. 6 2009 8:51 PM ET
The laws that control prostitution in Canada are on trial today in a Toronto courtroom, as two prostitutes and a dominatrix challenge the laws that they say make no sense.
Alan Young, the Osgoode Hall law professor representing the women, says his clients can't understand why prostitution itself is not directly prohibited, and yet all incidental transactions involved in prostitution are.
Young is arguing in Ontario Superior Court that the Criminal Code sections that prohibit "communication for the purpose of prostitution," "living on the avails of prostitution," or "running or occupying a bawdy house" make plying a legal trade legally near to impossible.
"The objective of communication laws is to get prostitutes off the streets, but when you go to move inside, the law that tells you that's a 'bawdy house' that brings more severe legal sanction. When you then go to somebody and say 'Help me and be my driver, make my life more secure,' that becomes a pimping charge called 'living off the avails.' So selling sex is legal but you can't do it in any safe way because the law gives you no safe, legal option. That's the problem," he told CTV News Channel Tuesday afternoon
He says with the way the law stands, prostitutes can't ask the questions need to screen potential clients, can't work in brothels, and can't have anyone protect them. That leaves sex workers vulnerable and forced to work on the streets.
"There are dangers working on the street. (The law) has contributed to the lack of safety and harm women face," he told reporters outside the Toronto courthouse where the case is being heard.
The Crown is expected to argue that decriminalizing prostitution could cause women to view it as "a career choice," make Canada a haven for sex tourism, and perhaps lead to the "red-light districts" across the country.
They also plan to argue that prostitution is inherently degrading, dangerous and unhealthy, and should not be encouraged by lax laws.
"The Charter does not mandate Parliament to design a regime allowing the applicants to earn money by engaging in prostitution with fewer hindrances," federal prosecutor Michael Morris said in a legal brief.
Prostitute Val Scott told reporters Tuesday that current laws ignore the reality on the streets.
"It is legal to sell sex," she said. "Those in opposition have a displaced sense of morality. It is time for Canada to get over it."
Young, too, disagrees with those who argue prostitution is inherently unhealthy and unsafe.
"That's not an empirically sound statement; that's an expression of disgust," he told CTV.
"Obviously, it is safe when conducted indoors; international studies in legalized jurisdictions have shown that. So it's common sense to say it's safer to move indoors," he said.
The three women launching the charter are Lauren Casey, a former prostitute in Victoria, B.C., sex worker Amy Lebovitch, and former dominatrix Terri Jean "Madame deSade" Bedford, whose infamous "bondage bungalow" in Thornhill was raided in 1994.
The three women want the Court to strike down all the Criminal Code sections pertaining to solicitation, to effectively decriminalize prostitution.
They argue that restrictions on their sex work activities are a violation of their rights under the Charter of Rights and Freedoms to security of the person and freedom of expression.
While attempts have been made over the years to strike down parts of the prostitution laws, this challenge, which has been two years in the making, is the first in two decades to aim for a broad sweep of all the provisions.
Justice Susan Himel, who is hearing the challenge, will need to assess whether Canada's laws are "proportionate" to their purpose of protecting the public good, or whether they force prostitutes into unsafe situations.
Evidence in the case is expected to consist mostly of affidavits from 56 individuals, including sex workers, police officers, academics and NDP MP Libby Davies, whose Vancouver riding includes the Lower East Side.
The Catholic Civil Rights League of Canada, Christian Legal Fellowship and REAL Women of Canada, have been granted intervenor status in the case and will present their perspective on the issues before the court as well.
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Mattman in Ottawa
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Make prostitution itself illegal. That will answer their complaints and tighten a loophole that shouldn't exist.
Anne
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mARK, Toronto
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Scott ONT
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I personally find stripping that much more degrading. It's basically like saying, 'here, dance like a little monkey for a dollar.' At least with prostitution there is an exchange for services, it's not like the women are being forced into it. I just don't get some people's mindset on all this
Robin
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Prof. Pye Chartt
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@ Anne: There isn't ANYTHING inherently "harmful" or "demeaning" about two people engaging in consensual sex (money or no money). It's a paid service of pleasurable activity that has no impact on third parties. It is your mindset and misguided perspective that has corrupted, dirtied, and added danger to an otherwise benign industry. (Look at cities/countries where prostitution is legal and fully regulated.)
GregC
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April
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Let people do as they wish and if they can make money at it then my hats are off to them. I think Canada needs to reform its ancient views on this. You should be able to have sex for money at your own home or at your client's home or hotel and should definately be able to discuss it. Prostitutes should be allowed to make choices about what ( and who) they do so I agree it should be decriminalized. I'd rather them in a home and safer than out advertising on the streets.... so really.... how would that hurt the public? I think that would be better for the public and for them as well. This is 'the oldest profession' and I don't think the current laws, new laws or no laws will stop it so lets allow them to be allowed to work safer.
Paul in SJ
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What is it that we are concerned with, the sex/money exchange or the other behaviours that often coincide with it? Violence, substance abuse and other criminal behaviours are associated with prostituion simply because we as a society have forced prostitution into the dark alleys and dangerous areas. IF we legalize, and even regulate the sex trade indutry then we will be able to ensure that it is a safer profession for the workers and customers.
Darren
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Jilly
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Sex sells. Prostitution is I guess a career choice for poorer women. (Better than working as a $4.00 an hour employee at Walmart.) And there's a market for it, even in this sexually liberated age. Men seem to want to pay for sex (and not always in the socially acceptable way where they marry someone.. Marriage has always been a kind of financial arrangement. the selling of a womb for security.)
Porn stars are considered sex workers (and porn is very mainstream: ordinary people watch it and our most respected telecommunications companies like Bell make a fortune off it).. Porn stars have to do pretty disgusting stuff, from what I see from the FREE stuff my satellite provider serves up to entice me to buy the other stuff.(perfect consumer product, cheap to make and people will pay a lot for it, like Coke.) so that average moms and pops can get off. We're are all hypocrits when it comes to sex and sex workers.
Josh in High Prairie
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Dawn
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Michael, Cambridge ON
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Sex is very active in this society as our culture are obessed with sex sell. More young people are having sex everywhere. This is just a tip of iceberg... Making whole thing illegal won't help because it is already being done under table. Making it legal may make it more safer for everybody.
Francesca
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Devil's Advocate
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Mike in Calgary
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I guess we are all guilty.
Turf the laws, make it legal, and start collecting the tax for it.
dutchman
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This is one of the aspects that has caused HIV/AIDS, and for that reason alone it should be banned.
CraigW
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Darren in sask.
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Laurie
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Alyssa
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I'm not a sex worker, and I don't want to be. That doesn't mean I'm going to look down on someone who makes that choice. I'm also SICK TO DEATH of the prejudice that only WOMEN are sex workers. Guys get paid to be escorts and sex partners too. And as long as no one is being forced or hurt and everyone is being safe and respectful, WHAT is the problem?
It's been around this long. Face it. Sex work is here to stay, legal or not!
Anne
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Steve the Pundit
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That said, there is an inherent difference in CHOOSING to become involved in an activity that's ultimately protected by transparency and government involvement, then to be COERCED by the subhuman element that preys upon women in desparate or difficult situations in which they APPEAR to have NO CHOICE.Prositiution is not about to go away after thousands of years; but we can make many of the problems go away if we only take an enlightened, practical approach.
Formerly
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Rick in NB, Ste Marie
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Paul
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canUdigitSucka
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Scott ONT
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Manitoba Bill
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Prostitution has been around forever, and it will be around as long as man walks the earth. I support these women in their quest for a cleaner, safer work environment...I guess.I don't agree with their lifestyle choice, but I am capable of putting my christian beliefs aside for a moment and look at possibly creating some good from the bad. If the spread of AIDS can be slowed by having prostitutes and their clients screened on a regular basis for STD's, then I think that's something worth supporting.
Jilly
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Kevin in Vancouver
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However even in these places there is still a flourishing street prostitution trade that is made up of underage women and men as well as those who cannot medically or physically work in the main stream trade. The seemy side of what most here are calling no harm sexual contact between consenting adults will never be elliminated. Also the main point all the philisophical liberals are missing here and that is very important is that by striking down the anti communicating for sexual purposes law will allow men to solicit sex from anyone...yes anyone so if your okay with a 50 year old man offering your 18 year old daughter or son money for sex and being able to do it legally....you really need to evaluate your principals.
Think about it, why hire a prostitute when you can get a struggling single mother for the same or less money. I say create legal brothels but keep the no soliciting laws in place for our childrens sake.
Susan
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They will still turn a trick for that rock of crack or that hit of heroin and there will always be people willing to pay their prices rather than the $$$ it's going to cost for the legitimate workers (if prostitution is legalized). With legalized prostitution there will still be a black market ring with all the dangers involved.
Robert J in Calgary
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Indi
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We have welfare in Canada, if poverty is an issue wouldn't that be a easier choice, the reason women sell themselves is that it is opportunistic.
Dawn: "Is it not harmful to acquire sexual transmitted infections?"
It is harmful to catch a disease, so so I guess we should all stop having sex.
Dawn: "Is it not harmful to young ones who pretend to be of age? Is it not harmful when violent people assault and/or kill workers?"
Underage sex and violence are two very good reasons why we should regulate this growing industry instead of ignoring it with antiquated laws.
Dawn: "If people were that consenual, then they may as well go to town and do it for free. Save the hassle."
If the world were that simple then why are we having this conversation?
Chris from Preeceville
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Prof. Pye Chartt
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(Aside: Nobody is suggesting that we legalize it only because we can't stop it.) Either way, you're simply underscoring the weakness of the stubborn opposition.
Ayden
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Which is what would happen as things became regulated. Taxes paid hookers with the right to say no and screen their clients. To have the ability to have a safe place to do what they choose. it would change things dramatically. you are right, right now prostitutes have no money because they are having to give it to pimps. So they are getting 20 for every 400 they bring in.. if it was legalized don't you think it might help those women and men out. If they legalize it it would make it a lot harder for the criminal underworld to have their hands in the cookie jar. just my 2Cents.
Devil's Advocate
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rachel -sudbury ontario
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What Canada will have to take guard against is another Amsterdam where the prostitute displays themselves in front windows in Residential areas,where other forms of crime have taken over,so with all this being said and done, will the prostitutes want to be forced to submit to government, I am against prostitution as it brings in more criminal element and frankly don't feel my tax monies Health/Finance should be spent on something that is totally preventable SOLICITATION ANDPARTICIPATION (johns) ILLEGAL..
BobH
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Tammy
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Ashamed To Be Human
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Dan from Northern Ont
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S.B.
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Grant BC
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FrankyB
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Hagios
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Darren in sask.
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Jilly
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For health and safety reasons, I do believe prostitution, like recreational drugs,should be legalized. (Hey they legalized gambling to get it out of the hands of the underworld and now it's big business). I don't know if legalizing it will make men come to better respect the women and not treat them, as someone once put it, as receptacles to masturbate into. Perhaps it is the illegality of it that is a turn on. Perhaps men don't want to have to deal with emotions, or worry about performance. Perhaps the men can't get anyone else to put out.Better ask the men and the women involved.
liz ottawa
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Joe
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Paige
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Doug @ BC
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Those women are also the daughters, mothers, wives, friends, sisters of many people. And to many of them are not really engaged in "consentual" sex at all.
Many are little more than slaves to pimps,poverty,or drug addiction.It seems to me,that sleeping with them is just taking advantage of the desperate situation they find themselves in. That said, I have no solution. This is not going to go away. A few more laws will be ignored just as well as most of our unenforceable laws are.
I would add though,that patronizing the young and the drug addicted should be treated very harshly by the courts. While it's impossible for the "John" to know for certain if the woman really is working as a prostitue by "choice", I think it's important to consider.Right or wrong,I would feel a lot less guilty about sleeping with a prostitute if she was educated enough to get other work if she wanted to,was reasonably well adjusted,was not drug addicted,and certainly was mature enough to actually "consent". But,I doubt more laws will fix this.
Greg in Cambridge
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Scott ONT
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julie
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Scott ONT
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Tom from Ontario
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We need to get off our 'high horses' and refraining from judging the profession. If you are opposed, don't engage.
Caillin
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Melody
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8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned. ... however, the gov't is actually considering tramping on these, but won't allow sex-trade workers to be "safe".I think the sex-trade workers should be allowed to be "housed". - Perhaps they should also be allowed to have "pimps" or "madams", if these persons are limited to a small percentage of the workers pay. 10% or 15%, if that person is providing some level of safety.
Kyle from the rock
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Greg
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TLC
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So, think again folks, prostitution is not going to go away, legalizing it won't make it a career ... it needs to be illegalized ... these boys/girls, men/women need help, emotional help. Stop glorifying it. If you need a dose of reality, come with me to my friend's grave, you can see what this lifestyle can do. Would you want your child in it?
Prof. Pye Chartt
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Steve
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Prof. Pye Chartt
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val
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Pip
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Eddie Grant
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Patricia
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JDS
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pdw
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Mark
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Alysia Erickson
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I live in Edmonton, there are multiple active serial killers on the prowl out west, but you never hear about them on the news as they primarily pray on prostitutes... native prostitutes in particular. That is a category of person that most of Canada chooses to pretend doesn't exist. And need I remind people of who Pickton chose to go after, or the highway of tears killer? Why don't we start helping these women rather than looking down our noses at them while feeling holier-than-thou about this entire situation? I'm not saying that prostitution is a good career choice... but it doesnt have to be a life-ender either!
Graeme
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MasterWooten
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Barb, Montreal
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c frsom Calgary
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We do not really understand the voice of poverty unless we have walked a mile or two in their shoes. Women/girls who are forced into prostitution because of poverty do NOT have happy stories of self-fulfillment and self-actualization. HA! Come on people get real! What are we really trying to say?? We are caught up in a society that would rather focus on pleasure on demand, not actually help the impoverished.
I hope some day we will grow up to be actually human where we care for each other and not take advantage of those less fortunate.
Riverman
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sandyvc
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andy
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MasterWooten
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Angela
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James
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P Laing
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MasterWooten
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Doug @ BC
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Chris
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kate
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Amber
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"Sex is power. Money is power. Sex for money is simply an exchange of power."
If one consenting adult wants to pay another consenting adult for sex, how does it affect any third party? Seriously, how does it affect anyone else's ability to live their life? If it does, you need a hobby. For all the people crying that it's degrading to women, I offer you two statements.
1) There are several men who work in the sex trade as well.
2) Should women not have the choice to work in the trade if they want to? Why should the government or anyone else tell a woman that they can't because of their gender?
Tim Bitt
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Rose
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J
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Bernice
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Seriously this is another crime that generates a lot of money for the underworld as it is. Why give them the opportunity to make this money which helps finance their other illegal activities? Just have a nice, safe place where everything is clean and let the girls keep a fair share of the take.
Kare
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Chris in the 'Toon
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Ozzy
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Alittlecuir in Toronto
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Prostitution neither harms nor degrades women; men do. So should we draft up some laws against being a man?
The simple truth is that if the bulk of prostitutes were men selling their favours to women, no one would be asking for criminalization (save perhaps for a few unattractive and jealous men). We just want to keep the trade disreputable so that we can continue on occasion to get the milk for free.
Esther
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And stop saying 'sex trade workers'. Call a spade a spade and quit with the politically correct jargon for once.
Les
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Shayne
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Dave
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jdude
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