OBSERVATIONS
It has been observed that prostitution is
slowly taking over many streets and cities in our society. Whenever prostitutes
set up and stalk a corner, before long, that whole street will be nothing more
than a prostitute ring. It will be filled up with crimes to include violence,
rape, thefts and many more heinous crimes. The law enforcement needs to set up the regulations and penalties for
prostitution in order to bring the numbers down. While no town allows
prostitution, some do over look the obvious practice in such a way that it will
continue until it is merely uncontrollable. This leaves the society in a hard
place with busy street corners filled with drugs, violent crimes, theft and
much more dangerous crimes.
It
has also been observed that for the past 100 years, women have tried to gain
acceptance as equal members if the society. To legalize prostitution would be contrary
to Ebonyi State Government program of attitudinal reform. It would give the
government an economic stake in the sale of women for sex and normalize the offensive
belief that men can have sexual services available to them whenever they need
them. In fact, a government may go so far as to recommend to impoverished women
that they seek work in the sex industry.
Further more, it has also been observed that legalizing
prostitution does not eradicate any of the dangers inherent in street
prostitution but proscribing it will also reduce the rate of sexually
transmitted diseases among prostitutes.
It has also been observed that commercial sex
practice leads to the transmission of sexually transmitted diseases such as gonorrhea,
syphilis, herpes, Chlamydia, HIV and
AIDS etc.
More so, the victims of commercial sex
practice are exposed to rape, murder and assaults etc.
Finally, it has been observed that many
factors lead people into commercial sex practice. Some of these reasons are:
(a)
They
have been molested as a child and the sexual abuse has become acceptable to
them.
(b)
Hardship
(c)
They
feel they cannot amount to anything else in their lives etc.
RECOMMENDATION
We need to understand that legislation alone
is not the answer; but legislation that punishes the perpetrators and not the
victims of the crime of prostitution together with political activism, education,
economic alternatives and social services aimed at helping people in
prostitution. We need to reinforce and expand with a new convention against all
forms of sexual exploitation that speaks to the seriousness of violation and
merchandizing of women and children sexually. It proclaims that the
international community will not tolerate this abuse regardless of the victim’s
age, consent, race or geographical location. It will declare for the first time
that sexual exploitations are a violation of a person’s human rights. It will
promote social and economic remedies for women in prostitution without
minimizing the enforcement measures that are necessary to thwart the efforts of
perpetrators and customers. It provides mechanisms for international supervision.
This new convention against all forms of social exploitation should recognize
that there can be no supply of women and children without the male demand.
In Nigeria,
the National Agency for prohibition of Trafficking in persons and other related
matters (NAPTIP) is the first of its kind in West Africa
and generally complies with most international Standards.
The legislation provides for harsh life sentences, for persons
convicted of trafficking and prostitution. Other sanctions include civil
liabilities and compensations to victims and provide opportunity for victims to
seek compensation for psychological and physical suffering. The NAPTIP
legislation is under the ministry of Internal Affairs, which is not the
optimum, however a proposed amendment to the law to move the agency under the
ministry of Justice, thus, strengthening NAPTIP’S investigative and prosecuting
functions. The Immigration Act, Labour Act, Criminal Code and Penal Code
overlap in places with NAPTIP law. Due to overlapping jurisdiction and lack of
operational plan between and among NAPTIP, the police, immigration and the
Attorney General’s offices and there is often confusion and sometimes
disagreement over what bodies should be handling what cases, what charges
should be filed and when a case needs to be handed over to another agency.
As mentioned earlier,
there is a pending amendment to the law, which would move NAPTIP under the
ministry of Justice. Peculiarities in the law can make implementation difficult
even in the presence of willing administrators.
Finally, specific responses to address
prostitution include:
(1)
Enforcing
laws prohibiting. Soliciting, patronizing and loitering for the purposes of
prostitution.
(2)
Establishing
a highly visible police presence.
This is to discourage area street
prostitution. It can also create the perception that the area is unsafe.
Alternative methods to establish a police presence are to open a police station
(eg, a storefront office, mobile office, or kiosk) in the area, or affix anti
prostitution warning signs to police vehicles patrolling the area.
(3)
Relaxing
the regulation of indoor prostitution venues. This may be perceived as
condoning prostitution. In addition, indoor venues are of serious concern to
police because of their role in the sexual exploitation of trafficked women.
(4)
Enhancing
fines/penalties for prostitution-related offences committed within specified
high-activity zones. This is intended to move the prostitutes to other
locations so that the target area can be redeveloped.
(5)
Banning
prostitutes or clients from certain areas. This practice is commonly referred
to as “mapping” offenders out of areas.
(6)
Using community
justice panels and community service sentences in lie is of incarceration or
fines. Community service sanctions, when properly monitored and enforced, have
been shown to be more effective than jail times or times alone.
(7)
Enlisting
community members to provide surveillance or to publicly protest against
prostitutes or clients. The police is expected here to maintain close
involvement with community groups to ensure proper oversight and supervision.
(8)
Educating
and warming high-risk prostitute and client populations
(9)
Serving
restraining orders/civil injunctions against habitual prostitutes. Violations of
the restraining orders result in jail time and fines that exceed the usual
penalties.
(10)
Mediating
conflicts between prostitutes and the community.
(11)
Imposing
curfews on prostitutes: This can be imposed on prostitutes as a condition of
either bail or probation. The purpose is to deny prostitutes the opportunity to
work during peak hours. To be effective, the police or correction officials
must monitor and enforce the curfews.
(12)
Helping
prostitutes to quit: The key services here include;
·
Drug and
alcohol treatment
·
Mental
health treatment
·
Housing
·
Peer
support systems
·
Child
care
·
Job
training & employment
·
Transportation
·
Legal
aid
(13)
Encouraging
prostitutes to report serious offences to the police.
(14)
Helping
prostitutes avoid dangerous clients ad situations.
(15)
Exposing
clients to publicity.
(16)
Notifying
those with influence over client’s conduct.
(17)
Restricting
clients’ ability to drive.
(18)
Enforcing
zoning, nuisance abatement, and business license regulations against properties
used for prostitution.
(19)
Warning
property owners against the use of their premises for prostitution.
(20)
Providing
trash cans for the proper disposal of hazardous and unsightly items example
condoms and lubricants. This will reduce the public health hazard posed by the
items and reduce the number of resident complaints.
(21)
Conducting
sweeps
(22)
Harassing
and intimidating prostitutes
(23)
Suspending
or revoking government and to prostitutes.
(24)
Legalizing
and decriminalizing prostitution.
CONCLUSION
The term victim has been defined above and
generally refers to any person, group or entity who has suffered injury or loss
due to illegal activity. The harm can be physical, psychological or economic.
Criminology treats all cases of victimization as individualized and divides
victims into Three (3). They are;
·
Primary
crime victims
·
Secondary
crime victims
·
Tertiary
crime victims
Prostitutes fall into primary crime victims.
Thus, it brings us to the question, if prostitutes are really victims of crime
in the sense that the trade is a crime itself. Let us consider female
victimization, females are more likely than males to be abused sexually and
that abuse may be related to some of their subsequent juvenile and criminal
activities. They are also more likely than males to be victims of rape and
domestic violence, which may explain some female criminality. The issue of
victimization and female criminal behaviour were raised in a concurring opinion
in the Aileen Wuornos case, involving the Florida female serial killer, per Justice Kogan;
The facts here present two
different pictures of Aillen Wuornos. One of these pictures is of a woman who
has lived horrible life of victimization, violence …In too many ways, our
society are yet to confront serious problems arising from women who are forced
into prostitution at a young age.
Such women typically enter into prostitution
as the only possible means of escaping an abusive home environment. The tragic
result is the early victimization which leads to greater victimization, and
once the girl becomes an adult prostitute, she is labeled a criminal and often
forced into more crimes, as the only means of supporting herself. Very few
escape the vicious circle. It is thus submitted that prostitutes are victims
and as such, deserve to be aided and protected from institutions and criminal
organizations which seek to exploit the participants of the trade. One of the
best ways of protecting the victim in the trade as was stated earlier is to
legalize the trade. This will serve as a
check against excesses melted out to the prostitutes. One of the advantages of
this measure will be the sitting up of administrative rules regulating the
trade for example, registering the sex workers, zoning their brothels and
keeping tabs on the customers, especially those with nefarious intent.
Institutionalizing the trade will also help in providing health care services
and erasing the odious status, the sex workers has come to endure that which
serves as a debasement and violation of their fundamental human rights.
Criminalizing the trade has put the sex workers so to say in a spot light,
exposing them to danger. Decriminalizing prostitution will demystify the
profession, thereby making it a regular profession especially as practiced in
Ancient Japan, China and Greece.
If the above ideal is too incompatible with
the modern reality and psyche, eroding moral thoughts, then the next option
should be opted for, that is retrieval and counseling. The law instead of
melting out punishment, should empower non-governmental organizations and civil
bodies in their dogged endeavour to pull these workers out of the streets. With
the force of state machinery, this can be achieved giving rise to a comfortable
platform whereby the women will be counseled and rehabilitated.
Counseling is a discipline with a three
pronged attack on the social malaise. This could be;
·
Developmental
·
Preventive
or
·
Remedial
Developmental counseling is directed towards enabling individuals
partake and benefit from general provisions made to improve their lives.
Preventive counseling is meant to enable individuals adopt appropriate
behavioural choices that would make them not to be in conflict with their
interests and that of others. Remedial counseling of course, is geared towards
a correctional process aimed at attitudinal change. Thus, the functions and responsibilities of
any counseling unit must be hinged on this particular definitional framework.
In essence, the functions and responsibilities of any counseling units, in
conjunction with governmental powers should be;
·
Locating
the commercial sex workers
·
Reception
·
Engagement/Debriefing
·
Follow
up/After care and
·
Monitoring
and Evaluation.
Prostitution is not a victimless crime and
should not be regarded as such especially if extenuating circumstances leading
the person into the trade are considered.
Finally, I wish to
emphasize that the toleration of prostitution has been a direct cause for other
crimes like international trafficking, assault, rape, gang violence, murder
etc. It is time we stopped blaming the law for the horrows of prostitution and
started blaming the institution. Prostitution is itself, a violation of the
right of life, liberty and security of the person, not the laws that seek to
punish it.
BIBLIOGRAPHY
BOOKS
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2004)
Catherine Edwards, Unspeakable Professions: Public Performance and Prostitution in Ancient
Rome. (Prince
University press, 1997).
Glanville Williams, Learning The Law 11th ed
(Stevens Publications, 1982).
Hentig, Von Hans, The criminal and his victim (New Haven University Press,
London.1948).
John Stuart Mill, Liberty,
(Oxford University Press, 1859).
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King James Version. Holy bible international version, (1984).
Leupp, Gary P. Interracial intimacy in Japan, (Continuum
International publishing Group, 2003).
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ARTICLES/ JOURNALS
A.H.M. Jones The Decline of the Ancient world, (1966).
Andrea D’ Workin, Against the Male Flood: Censorship,
Pornography and Equality (L.J.18 1985).
Crosby, Richard, and Nicole
L. Pitts Caught between two worlds: How transgendered
women may be forced into Risky sex, (2007).
Faedia Lazar
Wesis, Prevention and protection of Girls in
Juvenile system (1996),
Janice G. Raymond, Coalition Against Trafficking in Women, (Women’s Studies
International Forum, vol. 21, No 11. 1998).
Kari Lydersen, Sex Workers and Civil Rights (2003).
Kay Isenin, Judicial Perspective on Sex Trade, Enhancing
Policy and Practice through Research (Vol. 2 No. 17 2004).
Mathew R. Prostitution
in London (Middlesex
University Press, 1997).
Mim H. Sobert and Ayalam. Early Sexual exploitations as an influence to prostitution, (1983).
The Vanwesen Beeck, Another Decade of social scientific work on Sex, (Annual Review. 1999-2000).
MAGAZINE
The Sunday Tribune. September 5, 2004.
News watch, MARCH 20, 2006
State Magazine, November 5, 2011
INTERNET
Bregmon J. Heroditus, Microsoft Student 2007.
Dictionary reference. Com
En.m.wikipedia.org.
Encarta: Articles Archives, Crime and Crime Prevention 2007
James Jennifer. Prostitution, Microsoft Student 2007.
Prostitution: A Crime Against prostitutes
Redmond W.A Microsoft Corporation, 2006
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