San Francisco voters have an opportunity on
election day to reduce violence against
women and improve the health of sex workers
and their clients. Voting yes on Proposition
K to decriminalize prostitution - to
prohibit the city from arresting prostitutes
- will make it easier for sex workers to
report violence to the police and improve
public health. The decriminalization of
prostitution was the main recommendation of
the citywide San Francisco Task Force on
Prostitution more than 10 years ago.
A recent UCSF study found that 1 out of 7
sex workers in San Francisco were threatened
with arrest by police officers unless they
had sex with them, and 1 out of 5 reported
that police officers paid them for sex.
Clearly, the policing of sex work is
problematic. Spending city resources on
education and health outreach to sex workers
and linking them to the array of excellent
services in our city would be a much more
humane and effective way to help sex
workers. In addition, those arrests do
little: nine cases went to trial last year,
but there were no convictions.
The Police
Department and district attorney use the
presence of condoms as evidence of
prostitution or other criminal activity.
That is a significant barrier to the routine
use of condoms by sex workers, who are
increasingly reluctant to carry condoms or
keep them at their place of work. In the
earlier days of the AIDS epidemic, there was
an agreement between then-District Attorney
Arlo Smith and the Health Department not to
use condoms as such evidence. Obviously,
that agreement has been forgotten with
potentially dire consequences.
In Austria, Australia, Germany, The
Netherlands, New Zealand, Thailand and
certain counties in Nevada, where payment
for sex is allowed, sex workers are more
likely to use condoms and have lower rates
of sexually transmitted infections,
including HIV.
Where sex work is criminalized, sex
workers are much less likely to disclose
their occupation when seeing a doctor.
Without knowing the occupational risks of a
patient, it is hard for doctors to provide
good medical care. A senior neurologist at
San Francisco General Hospital reminded me
that, in addition to reducing sexual health
problems, decriminalization could impact the
high burden of neurological disease he sees
in sex workers: "The initiative could be of
great importance to make it easier for sex
workers to obtain needed help and to be more
able to openly seek the help of authorities
without fear of prosecution. Receiving
adequate treatment and follow-up is
particularly important in the management of
epilepsy and removing barriers to their care
can only help these patients."
Critics of decriminalization have raised
concerns about potential increases in
street-based prostitution and decreases in
neighborhood quality. A recent evaluation by
the Government of New Zealand five years
after the national decriminalization of
prostitution showed no increases in sex
work. Instead, they found actual
improvements in neighborhood quality and
public attitudes about sex workers, with
reduced complaints and decreased crime (links.sfgate.com/ZETF).
The issue of prostitution by minors has
also been cited as a reason to continue to
criminalize sex work. In the UCSF study, the
average age the sex workers began to work as
prostitutes was 21. Minors are a small
minority of sex workers, and sex between an
adult and a minor remains against the law.
Outreach to minors and linkages to services
would be more effective than arrest and
incarceration.
Last, and by no means least, the
recognition that sex workers are not
criminals has profound human rights
implications. At this summer's International
AIDS Conference, the Secretary-General of
the United Nations, Ban Ki-moon, called for
efforts to decriminalize sex work as a means
to reduce the vulnerability of workers to
HIV infection and violence. With
decriminalization, sex workers increase
their collective capacity to demand safer
working conditions, access legal recourse
for employer violations and obtain fair
wages.
San Franciscans have always been leaders
in the recognition of human rights. The
expansion of human rights is closely linked
to healthier behaviors and improved public
health outcomes. Do your part. Vote yes on
Prop. K.
Election 2008
To read The Chronicle's view,
go to sfgate.com/campaign2008/