End Human Trafficking

Taiwan Legalizes Prostitution

Published June 25, 2009 @ 12:00PM PT

Yesterday, Taiwan passed legislation which would legalize prostitution on the island, overturning a law which outlawed the practice 11 years ago.  Sex workers' advocacy groups cheered, and religious groups went home and listened to Queen's "Another One Bites the Dust" on repeat.

Taiwan's legal change is slightly different than those made in places like New Zealand and Germany, however. Prior to the new law, prostitution was only criminal for the mostly-female sellers of sex; the male customers could not be prosecuted.  While the Swedish model advocates criminalizing the buyer and not the seller, I've never heard of the reverse before.  It seems both grossly unfair and counter-intuitive to hold women in prostitution, trafficked or not, criminally accountable while the men who buy them walk away without penalty.  It's a law with the inevitable affect of driving up demand for sex while reducing the supply of women who will sell it.  In other words, the old law was a recipe for trafficking.      

The advocates behind this new law argued that making prostitution illegal 11 years ago has done little to reduce human trafficking or prostitution of minors in Taiwan, and that the industry is now controlled by unscrupulous gangsters.  But will legalizing prostitution now really result in these gangsters relinquishing control over their brothels? Or will it just make their thuggish enforcement and abuses of women beyond prosecution?

Detractors from the law argue that legalization hasn't reduced trafficking in Amsterdam, and that if legal reform is necessary, criminalizing the buyer and decriminalizing the seller is a better way to go than flat out legalization.  If brothels are legal, law enforcement has a harder time discovering trafficked persons and minors within them.     

What I fear the most will happen as a result of this legal change are the following:

  • The deep imbalance of gender equality in Taiwan (as evidenced by the previous law) will manifest in violence against women in the new legal commercial sex industry.
  • Taiwan's proximity to and relationship with China will make it an even bigger destination for Chinese women trafficked into prostitution.
  • The new law will make it impossible for police to find the estimated 100,000 children who are forced into prostitution in Taiwan.

I hope I'm wrong.  I hope that Taiwan, somehow, has found that silver bullet to end human trafficking in prostitution and to stop traffickers and buyers from preying on children.  I hope this new law solves the problem.  But I doubt it will. 

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Comments (4)

  1. Clifford Georges

    This is an absolutely better situation than keeping prostitution illegal. By legalizing prostitution, it takes it out of the black market. The main reason you have such a high instance of human trafficking is because of the fact that it is illegal. It's obvious that making something illegal which has a market demand will drive it into the black market and in the hands of ruthless criminals since the profit motives rise. The women who are forced to participate in this disgusting system have no recourse since going to the police will land them in jail.

    An additional benefit to decriminalizing prostitution is that instances of STDs will go down. Because prostitution will now be openly marketed, the prostitutes can go for frequent testing without fear of being jailed and thereby can make claims as to their health ("do business with me because I am STD free and here's my proof"). This is a win win all around. Kudos to Taiwan for being so forward thinking.

    Posted by Clifford Georges on 06/26/2009 @ 08:01AM PT

  2. Catherine Stephens

    hey Amanda,

    You’re confusing prostitution (consenting adults having sex for money) and trafficking again.

    Since trafficking takes place in a whole range of non-criminal and regulated industries (many of which you’ve blogged about), we cannot expect Taiwan’s recognition of sex workers’ rights to be a “silver bullet” against either trafficking into the sex industry (which is different from prostitution: “consenting adults having sex for money”) or against commercialised child abuse (which is different from prostitution: “consenting adults having sex for money” and also different from trafficking: “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purposes of exploitation.”)

    You’re also using the term “buying women” to describe the transaction sex workers engage in: again, this is a fundamental misunderstanding - buying something means you own it, that you _keep it_. The _temporary_ nature of the transaction in sex work is a major part of its attraction for our clients.

    Selling sexual services is an exchange of agreed services, usually over an agreed period of time, for money. Often sex workers, including myself, feel that use of the term “buying women” sees us as nothing more than our vaginas (if we have them, many sex workers don’t). To speak of women being “bought”, describes selling sex as a unilateral and irreversible surrendering of self: heterosexual sex is conceptualised as something that men do to women. In reality, male clients do not “buy” women: they receive specific services for a fee, sometimes within as brief a timescale as ten minutes.

    Remember, policies that solve problems are based in reality, not on ideology, assumption and stereotypes.

    Posted by Catherine Stephens on 06/26/2009 @ 07:01PM PT

  3. Trang Christine Ta

    "...criminalizing the buyer and decriminalizing the seller is a better way to go than flat out legalization."

    I disagree, I believe that if it is illegal, both parties need to be punished. If you arrest the man for having a prositutute, and the woman gets away free, what would be her incentive to stop and vice versa? Sure, there are less buyers/or sellers, however, the people that are not arrested are free to move on to the next provider or service/consumer.

    Prositution is going to happen, regardless of the legality of the issue. Which is why legalization would be much better because we can regulate who is in the system, help prevent STDs, protect the women in the service by giving them regular check ups, and helping the people from being taken advantage of.

    Posted by Trang Christine Ta on 07/17/2009 @ 02:18PM PT

  4. Andi Cat

    Finally someone has some sense to make this right. It is a womans choice and it is mutually beneficial relationship between consenting adults, how on earth is making it illegal justifiable?

    Good...

    Posted by Andi Cat on 09/18/2009 @ 11:50PM PT

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Amanda Kloer

Amanda has been a full-time abolitionist for six years. During that time, she has created reports, documentaries and training materials on human trafficking in the United States and around the world.

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