EMPOWERING  PROSTITUTES

2/2006

It is alleged that prostitution is the oldest profession. Solon merely recalls that it was one that was old when he was young. When slavery was normal, prostitution presented only three problems to society. It presents them still. Versions of the old remedies continue to be appropriate and adequate for these ills:

• Negotiation for prostitution taking place in the streets is a scandalous spectacle. The remedy is and always has been to treat it as public indecency. The modern touch is to hold both offerer and prospective buyer culpable.

• Prostitutes are a potential focus for the spread of disease. The remedy is and always has been to licence subject to medical inspection. The modern touches are that the medical inspection is both more effective and, with AIDS, more necessary; and that the customers of unlicensed prostitutes also can be held culpable.

• Prostitution may evade its proper share of taxation. The remedy is and always has been to use the licensing of prostitutes to draw them into the tax net. (1) Nowadays, they are drawn into VAT (or Sales Tax) as well as taxes on incomes.

The major new factor is that slavery and serfdom are no longer normal or accepted. The forcing of women, children and men into prostitution is now seen as deeply repulsive and immoral. If the punishment is to fit the crime, the general feeling of the Unit is that “Something with boiling oil in it” (2) might meet the case. Solon, hardened by more callous centuries, merely proposes a measure to discourage the practice.

Solon proposes that the victim or victims of anyone forcing them to prostitute themselves shall have a prescriptive right to substantial damages (3) against their oppressors. Proof of force established by criminal proceedings would automatically suffice. In the absence of criminal prosecution, civil proceedings would establish the right to damages. Private lawyers working on a contingency fee or a public official acting as guardian of the oppressed would collect the damages on the victims’ behalf. (4)

 It is estimated that criminals now compel hundreds of thousands of women and children into prostitution each year. Empowering those forced into prostitution against these criminals would face the criminals with the prospect that they could no longer expect this trade to pay. Solon expects the measure to be at least as successful as the US Anti-Trust provision for triple damages. (5)

Should you wish to comment, an email to solon@use-solon.org may draw a response.

(1)        Even in states with established religions, the Unit counsels against assigning revenues proceeding from prostitution to the ecclesiastical authorities. This very ancient practice has taken many forms, but has always lead to additional corruption.

(2)        The Mikado, W.S. Gilbert. In this case, preferably dripped slowly.

(3)        Solon suggests for illustration, 5 times the average GDP per head per year of the country in which the prostitution takes place, for each year or part of a year of forced prostitution.

(4)        Foreign prostitutes could be sent home and their money sent after them; children’s’ money could be kept in trust, etc.

(5)        These triple damages are rarely collected; the threat of them deters the formation of monopolistic Trusts.