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Introduction
Prostitution exists in almost all cultures and civilizations of the world today. Just as the cultures differ richly from one another, prostitution and prostitution policy vary greatly throughout the globe. Although the act of prostitution itself is widely similar all over, the policies that are affecting the sex trade are the most influential in shaping the unique and individual sex industries of different countries. This paper takes a look at two very different countries with very different cultural value systems within them. Not surprisingly their perspectives on prostitution differ significantly as well. These two nations are Canada and Thailand; classic examples of Western culture and Eastern culture. We have found no study that suggests that prostitution is more prevalent in either culture, but in general prostitution carries less of a social stigma in Eastern Nations, especially Thailand, than it does in the Western Nations.
To begin with we shall examine the specific prostitution legislation within each country, but as we shall soon see the difference between legislation and practice is remarkable. Although prostitution has existed for thousands of years, laws controlling the nature of the sex trade are only a few hundred years old. An epidemic of sexually transmitted disease in 16th century Europe, led to the first serious efforts to control prostitution, as public health considerations demanded further regulatory legislation. Morality and cultural ethics have also played a huge role in determining the position of prostitutes in society. When analyzing the difference between the Canadian sex trade and the Thai sex trade, it is extremely important to keep in mind how Judeo-Christian ethics form the foundation of the Canadian policy.
Prostitution laws in Canada
Throughout Canada’s history, prostitution has been legal. However, a visitor or even a citizen may never be aware of this fact. This is due to the impeding laws stated in the Canadian criminal code. Canada has a very clear position on prostitution in theory. Part VII of the Canadian criminal code; Laws pertaining to prostitution, state that “bawdy houses” are illegal (Criminal Code sections 210 and 211), procuring and living on the avails of prostitution of another person are also prohibited (section 212). Procuring and living on the avails are indictable offences, which carry terms up to ten years in prison. If a person under the age of 18 is involved, the term increases to 14 years in prison. A common bawdy house is a place, which is occupied or used by at least one person for the purposes of prostitution. “Keeping” a bawdy house is an indictable offence liable to up to two years in prison (section 210 (1)). Being found in a bawdy house is a summary offence; the offender will receive a maximum term of six months in prison and/or a $2000 fine (sections 210 (2) and 211). Offences in relation to Prostitution focus mainly on acts committed in the public eye, including women attempting to stop moving vehicles, impeding the regular flow of pedestrians, or making an attempt to communicate with others with the intent to offer sexual services (section 213(1)), these are all considered summary offences.
Although the written laws against prostitution are relatively clear, the overall goal of Canadian prostitution is not. There is no prohibition of the buying and selling of sexual services. This is what makes the Canadian law on prostitution unclear. A set of codes has been created so that it would be very difficult for a person to prostitute without breaking the laws, however the avenue of prostitution is still accessible. One may conclude from the criminal code that the government’s purpose in regard to prostitution is to keep it off the streets and out of the public eye. There are many large municipalities who facilitate the off-street trade by means of licensing it and regulating it. In this case, laws against prostitution are rarely enforced. At the same time, Canadian politicians have almost entirely abolitionist views concerning prostitution, regardless of the fact that prostitution itself is legal. The “prostitution problem”, which erupted in the early 1980’s, was not so much concerning prostitution itself, but the spread of the street trade. The Fraser Committee1, the Special Committee on Pornography and Prostitution was established in 1983 to make recommendations for Prostitution policy making. In 1977, in Toronto there was a ‘clampdown’ on massage parlors and other venues after the sexual assault of a shoeshine boy on Toronto’s Young Street strip2. However, after making tighter regulations, the un-expected result was only more street prostitution. The Fraser Committee concluded that the main problem in Canadian prostitution law is that “it is at odds with itself”3 [The Fraser Institute, Canada], if prostitution is to remain legal, the legislature must decide where it is to be permitted and under what circumstances.
Canadian laws of prostitution are definitely un-clear. Many Canadians may be led to believe that the act of prostitution is illegal, because it is treated so. The problem remains on the streets of major cities and ‘slums’ because it is not tolerated anywhere else. Political leaders maintain their abolitionist views and citizens voice complaints about the effects of street prostitution (noise, traffic congestion, litter and harassment). Moreover in a Judeo-Christian influenced society, the citizens uphold moral values, which are not uniform to other beliefs around the globe. Prostitution, on the most part, is viewed as socially un-acceptable and morally wrong. Prostitutes have been generalized in the Western world, although it is not a respectable position, many people have credited to the fact that prostitutes are often the victims. The Canadian contact sex service trade labels different ‘ranges’ of prostitution and prostitution motives, because it is the initiative of the women to involve her-self in the business. The scale goes from female sexual slavery (the gorilla pimp) and survival sex (sale of sexual services by persons with very few other options, such as homeless youth and women in poverty) through to more ‘middle class’ forms of sex trade (including some street prostitution). However, the Standing Committee was not overly sensitive to these issues. The Canadian government does nevertheless offer social programs to assist prostitutes, yet...
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