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Should tolerance zones be established for street prostitution?


What they said ...
'Relaxing laws because solutions seem hard to find is the wrong approach'
Dr Denis Napthine, former leader of the Victorian Liberal Party, expressing his opposition to tolerance zones for street prostitution

'The State Government recognises that a new and innovative approach is required if we are to minimise the harm caused to all sections of the community by street prostitution'
Robert Hulls, Victoria's Attorney General, justifying the establishment of tolerance zones

The issue at a glance
In August, 2002, the Victorian Government put aside plans to introduce designated red light districts for street prostitution. These were referred to as 'tolerance zones'. Four areas in the inner-suburb of Saint Kilda had been short listed as sex zones, one for transgendered prostitutes, another for male sex workers and two districts where female prostitutes could work without fear of prosecution. However, the government and local council have agreed to hold off on the plan, after a strong community backlash.

Street prostitution is illegal in Victoria but under the plan, police would not have fined sex workers operating within the designated areas. Within those zones the Council would also have opened sex centres where prostitutes would have been able to take clients and pay around ten dollars to use a room. License d brothels have been able to operate legally in Victoria since 1984 and up to two-person owner-operator brothels can operate in Victoria without a licence. Street prostitution is illegal.

The South Sydney Council established a tolerance zone in inner city Darlinghurst more than a decade ago. Prostitution is illegal in Western Australian but police have what is known as a containment policy under which they turn a blind eye to certain orderly brothels.

Background
Prostitution and the law in Victoria
Brothels were legalised in Victoria in 1984 by the Planning (Brothels) Act. This Act temporarily gave municipal councils the power to regulate prostitution. The Cain Government then established an Inquiry into Prostitution headed by Professor Marcia Neave.

Professor Neave's report led to the creation of Victoria's first legal brothels, but the government quickly rejected the report's recommendation for tolerance areas for street prostitution.

The recommendations of the Neave Report resulted in the Cain Government's Prostitution Regulation Act (1986). This established a Brothel Licensing Board, and exempted solo prostitution in private premises from the licensing requirement. However, the Coalition-dominated Upper House refused to pass those sections of the Act relating to licensing. Ultimately, large portions of the Act were never proclaimed, the Board was not established, and sex industry regulation reverted to previous legislation once more giving control to municipal councils, as previously specified under the Planning (Brothels) Act.

Council involvement with the regulation of brothels was restricted to planning-related issues. The health and safety of prostitutes and their clients were not councils' concern. Councils were also in no position to attempt to prevent the involvement of criminals in the management of brothels. This was a less than satisfactory arrangement as it presented the opportunity to launder the proceeds of crime, especially drug-related money, through brothels. Councils also found that those of their constituents living in streets where it was proposed to establish brothels typically objected and this made granting permits politically dangerous. The legislation also completely ignored escort agencies and the growing threat posed by AIDS.

In 1994, the Liberal Attorney-General, Mrs Jan Wade, announced a moratorium on new brothels and called for debate on the issue. In October, Mrs Wade introduced a bill to again establish a Prostitution Control Board to license brothels and escort agencies, together with provisions for registration of individual prostitutes. This bill ultimately became the Prostitution Control Act of 1994. This Act determines the terms under which brothels can be legally operated in Victoria and makes street prostitution illegal.

Under the terms of the Act, police are to be given the right to enter brothels without warrant. It allows for the licensing of brothels under certain conditions. Licences are granted by the government-appointed Business Licensing Authority. The Act applies strict ownership and management regulations, allowing only one brothel per person, and prohibiting criminal involvement; it restricts the size (six-rooms maximum), location (away from churches and schools), and advertising of brothels. The Act permits small (one or two-person) owner-operated brothels in non-residential areas to operate without a licence. Street prostitution remains illegal, with both prostitutes and clients attracting fines, though clients are (theoretically) fined more. A new offence of intimidating a prostitute was created.

The proposed reforms to street prostitution in St Kilda
A number of 'tolernace zones' would be established in St Kilda where prostitutes could solicit without punishment.
Police would be required to ignore soliciting in tolerance zone, but would continue to attempt to prevent the intimidating of prostitutes or harassment of other citizens.
At least one sex worker centre or safe house would be established where, for a small fee, a prostitute could take his/her client.
Port Phillip Council would determine, added by community consultation, where the tolerance zones and safe house would be located.
On-the-spot fines would be imposed on prostitutes and their clients operating outside the tolerance zones.

Internet information
The Victorian Business Licensing Authority, a body appointed by the Victorian Government, has responsibility for licensing legal brothels. A section of the Authority's Internet site has been given over to explaining its regulation of prostitution service providers.
This can be found at http://www.consumer.vic.gov.au/bla/blasite.nsf/pages/bla_prostitution

The full text of the Victorian Prostitution Control Act can be found at http://www.austlii.edu.au/au/legis/vic/consol_act/pca1994295/
The Act explains the requirements for the licensing of legal brothels and the penalties that can be imposed on street prostitutes and their clients.

The Coalition Against Trafficking in Women (CATW) is a feminist human rights nongovernmental organisation that works internationally and nationally to oppose all forms of sexual exploitation. CATW has Category II Consultative Status with the United Nations Economic and Social Council.
The Australian chapter of CATW has a fact sheet outlining the what has happened as a consequence of the legalisation of brothels in Victoria in 1984. The purpose of the sheet is to demonstrate the harm that has been done.
The sheet can be found at http://mc2.vicnet.net.au/users/catwaust/myfiles/catwafacts.htm

The above CATWA fact sheet is based on a more comprehensive study titled, 'Legalising Prostitution Is Not the Answer: The Example of Victoria, Australia' by Mary Sullivan and Sheila Jeffreys.
This is a very detailed and informative study that repays careful reading. It can be found at http://mc2.vicnet.net.au/users/catwaust/myfiles/legalisingprostitution.htm

The South African based site, Doctors For Life, has assembled a range of material giving an overview of the regulation of prostitution in a variety of nations, including Australia.
The purpose of this information is to demonstrate the harm caused by prostitution.
This information can be found at http://www.dfl.org.za/issues/Prostitution/analysis.htm

The University of Melbourne has a section of its Arts sub-site given over to material on contemporary issues apparently gathered by students. It has an excellent collection of material arguing for the decriminalisation of street prostitution in Victoria.
It includes the law as it currently stands in relation to street prostitution, proposals for reform and information from and about the Prostitutes Collective of Victoria.
The index for this site can be found at http://www.arts.unimelb.edu.au/amu/ucr/student/1996/m.dwyer/index.html

The Attorney General's section of the Victorian Government's Justice Department Internet site has a sub-section given over to the Attorney General's Street Prostitution Advisory Group, the body which recommended the establishment of tolerance zones and safe houses for street sex workers.
The site includes the group's final report and the Government's response to the report.
An index for these materials can be found at http://www.justice.vic.gov.au/CA2569020010922A/page/Listing-Headlines-Attorney-Generals+Street+Prostitution+Advisory+Group?OpenDocument&1=10-Listing~&2=-Headlines~&3=0-Attorney-Generals+Street+Prostitution+Advisory+Group~

Arguments in favour of establishing tolerance zones for street prostitution
1. Despite its illegality street prostitution continues and a harm minimisation approach needs to be adopted
The Bracks Government's proposal to establish tolerance zones is an example of the harm minimisation approach recommended by some experts as an appropriate way of dealing with certain sorts of intractable crime. According to this line of argument, where it appears that the incidence of a particular crime cannot be reduced by simple prohibition, it may be appropriate to institute measures that attempt to reduce the harm caused by that crime.
Harm minimisation approaches frequently involve a tacit admission that the crime cannot be prevented and in some cases amount to the decriminalisation of what was previously regarded as a punishable offence.
This is the approach being promoted by the Victorian Government. Victorian Attorney General, Robert Hulls, has acknowledged the prevalence of street prostitution, despite its illegality. He has stated, 'The reality is that street prostitution occurs throughout St Kilda, day and night, to the extent that the streets have become open-air brothels.' It has been claimed that there has been a more than threefold increase in the number of women working in street prostitution in St Kilda in the past 15 years.
The Government established a Street Prostitution Advisory Group to advise it on the problem. The group's report accepted that street prostitution could not be eradicated and endorsed measures that would minimise the harm currently being done to the sex workers and the community. (It should be noted that the group maintains it is not recommending the decriminalisation or legalisation of street prostitution.)
In arguing for an attempt to regulate the operation of street prostitution, the Attorney General has stated, 'The State Government recognises that a new and innovative approach is required if we are to minimise the harm caused to all sectors of the community by street prostitution.'

2. Street prostitution creates a major social problem in some municipal areas
This point has been made by Victoria's Attorney General, Robert Hulls. Mr Hulls claims, 'The City of Port Phillip is tired of sexual acts being performed in public and of street tourists cruising through residential street late at night shouting obscenities ... at residents and sex workers.'
It has been claimed that condoms and syringes litter public areas and can be seen and picked up by children and other residents and passers-by. It is further claimed that sex acts themselves are performed in public places, including, in some instances people's front or back yards and that this is a major and unwelcome intrusion in the lives of residents, making it stressful and unpleasant to remain living in the area they have chosen for their home.
Ms Anne Peterson, the chairperson of the Port Phillip Action Group, which advised the Brack's Government on its strategy, has made these claims. 'There are condoms everywhere on the streets, syringes in letterboxes and continual noise from gutter crawlers with their loud music and screaming cars keeping us awake at night.'
Mr Ken McLean, a former long-term St Kilda resident who has recently felt compelled to leave the area has claimed, 'We have prostitutes working in the middle of the day on the steps of the Catholic Church.'
Supporters of tolerance zones argue that these social problems could be reduced if street prostitution could be confined to less sensitive and public areas.

3. Street prostitution creates a major economic problem in some municipal areas
It has also been claimed that street prostitution creates a major economic problem for businesses in the St Kilda area. It is suggested that many prospective customers of businesses in St Kilda, including those that would otherwise use the areas restaurants, eateries and shops, go elsewhere to avoid the unpleasantness of being accosted by either the street workers or their customers.
Caf‚ owners Dina Garis and Yiota Young have claimed, 'We deal with the traffic problems, noisy fights and used condoms and syringes every day.'
Another business owner in the St Kilda area has commented, 'When you've got a pimp or a prostitute or whatever coming to the shop and sitting here for a few hours, to get out of the cold or whatever, how are you going to expect customers to come and sit next to them and eat their food.'
Again, supporters of tolerance zones argue that if street prostitution could be removed from commercial areas its impact on local businesses would be much reduced.

4. The unregulated nature of street prostitution leaves prostitutes and residents vulnerable to abuse and other dangers
This point has been made by Victoria's Attorney General, Robert Hulls. Mr Hulls claims, 'Street sex workers and residents are being subjected to violence, abuse and harassment ...'
The St Kilda residents advisory group has expressed concern about the dangers facing street prostitutes. The group has stated, 'They are the victims of serious abuse and violence, and confront problems in relation to drug dependency, homelessness and mental and sexual health.'
Mr Ken McLean, a former long-term St Kilda resident who has recently felt compelled to leave the area has claimed, 'Every resident has been threatened. People have bricks thrown through our (sic) windows.'
Mr Mclean claims to have received verbal death threats from both prostitutes and pimps for many years. He also claims to have received written death threats.
'They've pulled knives on me and threatened to slit my throat. I've had neighbours stabbed and neighbours shot.'
The Victorian Attorney General has claimed, 'If you have tolerance zones in a specific area with appropriate lighting and the like, you can actually manage this issue. Tolerance areas will enable the police to better manage the situation - they will provide a much safer environment for local residents.'

5. The regulation of street prostitution allows for measures that could reduce its incidence
The Victorian Government hopes that the implementation of the full range of measures it has proposed will led to a decline in the number of street workers operating in St Kilda. Included in its proposed management regime are diversionary programs and counselling and guidance programs that it is hoped will encourage some of the area's street sex workers to find other occupations.
The attorney General, Robert Hull, has made this point. "The creation of tolerance areas, street worker centres, diversion programs and enhanced outreach and amenity services for street sex workers will seek to provide the necessary guidance and support for people in our community to leave the profession of prostitution.'

6. No tolerance zone or 'street worker centre' will be established without community consultation
The Victorian government has claimed that it will only act after further community consultation and that no tolerance zones of street worker centres will be established without the support of the communities affected.
Public suggestions for tolerance zones were called for. These were then considered by the Council and published in the local papers. It was intended to display final submissions in August which were then to be considered by an independent expert panel. (In the event the process was not completed. The original seven areas proposed were strongly disputed. These were then reduced to four and agreement could still not be reached.)

7. It is inconsistent to allow the legal operation of licensed brothels and to leave street prostitution illegal and unregulated
It has been noted that it is inconsistent to allow licensed brothels to operate legally and to allow one or two owner-operated brothels to operate legally without a licence and then to make street prostitution an offence.
According to this line of argument, prostitution is either an offence or it is not and if the Victorian Government will, under certain circumstances, allow it on both licensed and unlicensed premises, then subject to some degree of regulation street prostitution should also be made legal.

Arguments against establishing tolerance zones for street prostitution
1. Prostitution harms sex workers
In 1995, after having decriminalised prostitution, Sweden established a commission to investigate the effects of the nation's policy change.
The commission reported that prostitutes often have a bad start to life through poverty and sexual and other abuse. It found that prostitution adds further abuse - psychological harm, drug addiction, assault and a greater likelihood of contracting sexually transmitted diseases. It considered that these were unacceptable risks to endorse for women who were often already traumatised as a result of their childhood experiences. It found that post-traumatic stress syndrome, depression and suicide attempts are all much more frequent in prostitutes than among members of the general community. (As a result of these findings Sweden reversed its findings and once again made prostitution illegal.)
A 1996 Victorian report similarly found that prostitution appeared to have adverse effects on the women involved. Among its findings was that 80 percent of street prostitutes had a substance abuse problem.

2. Prostitution is a damaging social practice that harms society at large
Critics of tolerance zones or the decriminalisation of street prostitution claim that it does wide-scale damage to society. They claim that tolerance zones appear to give official sanction to a practice that harms individual women and society as a whole. They claim that prostitution gives men sexual release, without the need of proximity, relationship, or demands and that many men who use prostitutes are unable to form satisfactory relationships, and would benefit from treatment. They also claim that prostitution damages families as sexually transmitted diseases can be brought into the home and money and time is spent on prostitutes that should be spent on the family.
It is further claimed that prostitution develops exploitative attitudes toward those who sell sexual services, especially women. It is claimed that prostitution promotes an unacceptable view of human beings in that they can be used, bought and sold as commodities.
3. Tolerance zones effectively legalise or decriminalise street prostitution
This point has been made repeated by the former leader of the Victorian Opposition, Dr Denis Napthine. Dr Napthine has suggested that the tolerance zones proposed by the Bracks Government effectively legalise street prostitution.
According to this line of argument if prostitutes operating in certain designated areas are not going to be either fined or moved on then their trade is being allowed under the law.
Dr Napthine also argues that if safe houses are going to be established for street workers at taxpayers' expense then this only further serves to illustrate that the new proposals would serve to make street prostitution effectively legal in this state.
The Opposition leader had pledged that when any bill seeking to establish 'safe houses' for prostitutes in Victoria was presented in Parliament his party would vote against it on the grounds that it represented the de facto legalisation of street prostitution.
Dr Napthine has stated, 'Any attempt by Labor to legalise or decriminalise street prostitution under any guise will be blocked by the Liberal Party.'

4. A more tolerant approach will lead to an increase in street prostitution
It has been claimed that since Victoria allowed licensed brothels to operate legally in 1984 there has been an increase in both legal and illegal prostitution in this state. Critics claim that legalisation helps to create a climate of acceptance and expectation that encourages both legal and illegal prostitution to flourish.
The South Australian experience has been cited as an instance of a state that veered away from legalising prostitution because it was concerned there would be an increased instance of prostitution as a result.
In July 2000 the South Australian Assembly narrowly based a bill allowing for the legal operation of brothels. In July of the following year the legislation was overturned. One of the factors behind this was that the experience of other states, notably Victoria, appeared to indicate that where a more liberal approach was taken to prostitution the practice and the problems associated with it increased.
It has been claimed that legalising a sector of the prostitution industry, as has occurred in Victoria, results in a two-tier system of legal and illegal prostitution, with an overall increase in the number of prostitutes, particularly in the illegal sector.

5. There are no areas in St Kilda where residents would be prepared to accept the establishment of tolerance zones
Ms Anne Peterson, the chairperson of the Port Phillip Action Group, which advised the Bracks Government on its strategy, has claimed, 'The residents' expectations are that this activity will no longer be in residential streets, so if it continues in residential streets the residents would not be very happy about that.'
This appears to have been one of the major stumbling blocks preventing the implementation of the Brack's Government's plan for regulating street prostitution. There do not appear to have been sufficient areas that the community could agree where appropriate locations for the setting up of prostitution tolerance zones.
Mr Ken McLean, a former long-term St Kilda resident, who has recently felt compelled to leave the area, has claimed, 'There is no suitable area for pimping and prostitution in St Kilda. There are lots of schools around here, and in Grey Street, for example, there are four places of worship.'
(The community consultation for the establishment of tolerance zones bears this out. The original seven areas proposed were strongly disputed. These were then reduced to four and agreement could still not be reached.)

6. More restrictive measures should be tried to reduce the incidence of street prostitution
It has been suggested that the harmful aspects of street prostitution are best addressed by measures designed to eradicate the practice.
Paul Gray, a commentator for The Herald Sun, has made this point. Mr Gray has stated, 'The arguments used for tolerance zones - people having sex in public places, the fact that some St Kilda streets are looking like a toilet because of the effects of "street work" - can equally be used as an argument against tolerating prostitution at all.'
The former leader of the Victorian Opposition has called for more severe penalties to be applied to those who use prostitutes. He has suggested that public shaming and naming should be used as a means of deterring those who use street prostitutes.
Dr Napthine claims that the name and shame method was trialled in Manchester two years ago. The names, ages and addresses of kerb-crawlers convicted in Manchester courts were published in a local newspaper. Dr Napthine believes this method of deterrence would be successful if employed in Victoria.
Dr Napthine has also claimed, 'There is no reason strict policing can't further stamp out the problems with street prostitution.'

7. The underlying social problems that led women to take up prostitution should be tackled
It has been argued by critics concerned for the wellbeing of the street sex workers, that establishing tolerance zones is only a cosmetic solution which serves the interests of residents better than it does those of the prostitutes.
According to this line of argument, tolerance zones and safe houses may serve to hide the problems associated with prostitution from the public gaze, but it will not solve those problems.
Those who take this view are concerned about the trauma, psychological problems, drug addiction and physical abuse faced by many prostitutes. They argue that more should be done to get women out of prostitution and to prevent them taking up the job in the first place.
Those who argue this position claim that the real problems associated with street prostitution will not be solved until the social problems that force women into prostitution have been overcome.
Heather Merle Benbow, in an article published in The Age on June 20, 2002, argued that 'the government should fund exit strategies and social services for street prostitutes wanting to leave prostitution.'

Further implications
It would appear that the alliance between the Port Phillip Action Group and the street workers of St Kilda was unable to stand the test of actually attempting to establish tolerance zones and a safe house for street workers.
The members of the action group were contacted by The Herald sun and most indicated they would not have been prepared to have a tolerance zone in their streets. In this they seem to share the view of most St Kilda residents who appear to have been similarly disinclined to have a tolerance zone near where they lived.
From a residents' point of view it was hoped that tolerance zones and a safe house would be established in industrial areas away from residential areas, schools, churches or shops.
From the prostitutes' point of view this would have been unacceptable as these were not areas where they were likely to find the amenities, such as street lighting, accessible parking and toilets, they need in order to practice their trade. Prostitutes were also concerned that such relocation might act as a disincentive to their clients. Many prostitutes seemed to favour tolerance zones being established in or close to the areas where they currently work. This would clearly not have satisfied residents, as while such tolerance zones may have given prostitutes greater security, they would have done little to address the public nuisance concerns of residents.
In the event the areas that were suggested appeared to be highly unsuitable from a resident's point of view. It appeared that most were considered as far too public (one was actually near the St Kilda town hall) and some were felt to be too near residential areas.
The alliance between residents and prostitutes, when the problem of street prostitution was being considered, seems to have grown out of their mutual dissatisfaction with the current situation. It is unfortunate that when it came to implementing a solution they appear to have so little common ground.
From a political point of view street prostitution appears to be an issue where it is safer for governments to do nothing. Dr Napthine appeared to gain a political advantage largely by opposing the more liberal approach being recommended by the Government. His Manchester name and shame solution has apparently not been proceeded with even in Manchester. However, the real stumbling block to the trial of the tolerance zone scheme seems to have been the lack of effective local community support in St Kilda. Without that, clearly, nothing will happen.
Now that the tolerance zones appear to be a thing of the past it will be interesting to see if the Government proceeds with some of its associated proposals, such as diversion schemes and counselling for street sex workers. It would be highly unfortunate if these proposals were simply scrapped.

Sources
The Age
20/6/02 page 6 news item by Julie Szego and Caroline Milburn, 'Hulls unveils radical sex-trade plan'
20/6/02 page 6 news item by Caroline Milburn, 'Resident and sex worker welcome the changes'
20/6/02 page 15 comment by Heather Merle Benbow, 'Billboard sex? No way. Street prostitution? No worries.'
21/6/02 page 6 news item by Richard Baker, 'Napthine attacks "seedy" prostitution zones move'
1/6/02 page 14 editorial, 'Not so secret life of sex workers'
21/6/02 page 14 letter from Judy Maddigan, 'Billboard, prostitution policies will protect the public'
22/6/02 page 6 (Insight section) cartoon by Bruce Petty
4/7/02 page 9 news item by Meaghan Shaw, 'Kerbside sex zones unlikely to move far'

The Herald Sun
20/6/02 page 1 news item by Jen Kelly and Fay Burstin, 'Sex uproar'
20/6/02 page 2 news item by Jen Kelly, 'Drugs and threats force residents out'
20/6/02 page 17 cartoon by mark Knight, 'Victoria sure is the place to be'
20/6/02 page 18 editorial, 'Taxpayer brothels'
21/6/02 page 5 news item by Jason Frenkel, 'Napthine wants hard line on gutter crawlers'
23/6/02 page 39 analysis by Shelley Hodgson, 'Walk on the wild side'
24/6/02 page 19 comment by Rob Hulls, Victorian Attorney General
25/6/02 page 19 comment by Paul Gray, 'Give sex trade the red light'
28/6/02 page 20 comment by Dr Denis Napthine, 'Why we must fight street sex'
4/7/02 page 9 news item by Fay Burstin, 'Red light for sex zones'
8/7/02 page 19 comment by Andrew Bolt, 'Tolerance is intolerable'
9/7/02 page 17 comment by Les Twentyman, 'A helping hand, not a fist'