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This represents a cautionary tale for efforts to decriminalize domestic violence. What would happen in the liminal space opened up by decriminalization?

Unsurprisingly, the abolition and criminalization of brothels did Prostitutes Balfour eliminate prostitution. Without any brothels, prostitutes were left to operate clandestinely as individuals, and VD continued to spread.

Breaking the Silence of Brothels world Wide by Ruby Balfour

This essay re-examines the motivations behind the abolition of brothels by focusing on the discussion surrounding the regulation and abolition of brothels during the s. Both committees debated on and concluded with recommending and implementing abolitionist policies in Singapore. To begin, academics in this field have primarily blamed the British colonialists Prostitutes Balfour the ensuing chaos that resulted from the abolition of brothels by arguing that their motivations Prostitutes Balfour in self-interest and not in the interests of prostitutes.

Consequently, while the abolition policies claimed to protect these prostitutes, they were ineffectual, inadequate, or even downright harmful towards the health of prostitutes. Additionally, he emphasized that the Advisory Committee constantly discredited and consciously ignored readily available evidence which supported the state regulation of prostitution, thus Prostitutes Balfour that the Advisory Committee wilfully ignored contradicting evidence to push forward their agenda. However, by only analysing the policies that were introduced and their outcomes Prostitutes Balfour than the process of debate, these academics have disregarded the tensions between different groups within the British administration, and portrayed these policymakers as monolithic Prostitutes Balfour, even though there were conflicting Prostitutes Balfour on the abolition-regulation debate.

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Such a perspective does not accurately represent the considerations policymakers had, thus creating a one-dimensional and Prostitutes Balfour view of politics in colonial Singapore. More importantly, it neglects the broader international humanitarian debate over prostitution that underlined the abolition movement, and the profound influence the debate had on the recommendations made by the Advisory Committees.

Context of Prostitution in Singapore in the s. To begin, there Prostitutes Balfour an immense demand for prostitution in Singapore during the colonial era due to the massive influx of migrants.

As a developing entrepot that was flourishing economically, Singapore attracted many migrants, a large majority of which were Chinese, who came to work as manual labourers. Infor every woman, there were 14 men. When the CDO was repealed inthe combination of a dense population, a Prostitutes Balfour imbalanced sex ratio, and poor and unhygienic living conditions was especially detrimental and deadly. The VD epidemic hit Singapore harder than other British colonial states Prostitutes Balfour similar laws were being repealed.

Prostitutes Balfour example, the cases of VD admissions into hospitals in the garrisons, by ratio per thousand, were relatively similar between Singapore and Hong Kong inat and respectively, but bythe figures had risen to and respectively, with the percentage of cases in Singapore more than quadrupling. However, this was insufficient as the number of cases of VD continued to rise.

To combat this, the Straits Settlement proposed a bill in Januarythe Venereal Diseases Ordinance, which called for all brothels to be re-registered and for all licensed Prostitutes Balfour to be subjected to medical examinations by approved doctors.

However, the bill eventually failed to pass. The Advisory Committee on Social Hygiene, formed in to review and formulate solutions to address prostitution in Singapore, strongly denounced the proposals suggested in the bill and concluded against regulation and in favour of abolishing brothels.

In his book, Warren highlights that Prostitutes Balfour was a result of pressures from protests on the Colonial Office that had erupted Prostitutes Balfour Britain, as protestors called for a modified form of Prostitutes Balfour.

The risk of alienating public opinion in this country and elsewhere might have to be faced Prostitutes Balfour there were any reasonable hope that the methods proposed would be successful, but State Regulation wherever it has been put to the Prostitutes Balfour has been marked by its failure to provide a remedy for the evils for which it was designed, and has now almost entirely lost the support of expert medical opinion.

Clearly, public opinion was not as highly regarded by the Advisory Committee as Warren claims.

Social workers had been unable to help the family.

While they did consider the implications of abolition on exacerbating the spread of VD, international reports suggested that there was a lack of observable evidence on the effect of abolition in other, mostly Western and African, countries.

Such concerns and attitudes were most prominently influenced by the abolitionist movement in the League of Nations, undergirded by the rise of a liberal notion of rights and freedoms during that era. This will be elaborated in the next section. International implications on the abolition of brothels. During the s, there was growing momentum for the feminist abolitionist movement, which was distinctly different from the social purity movement of the late 19 th century.

The Prostitutes Balfour purity movement pushed for abolition and deregulation on Prostitutes Balfour premise that prostitution was dirty and promiscuous. Whereas, the feminist abolitionists of the s argued that regulation Prostitutes Balfour the exploitative trade of Prostitutes Balfour trafficking worldwide. The view Prostitutes Balfour the regulation of brothels promoted human trafficking was seemingly Prostitutes Balfour by the success of the abolition of brothels worldwide. This was reflected in the evidence provided under the reports by the Committee on the Traffic in Women and Children CTWa special commission under the League of Nations that conducted research into human trafficking.

After Prostitutes Balfour ended, the League had been Prostitutes Balfour up in to maintain world peace and address global issues, and the CTW was the first of its kind to do a sociological study on prostitution on an international scale. This report highlighted two key points: firstly, that empirical data showed that state-regulated prostitution was the main cause of the international traffic in women and children, and secondly, that the abolition of brothels has not brought about the purported rise in VD that many opponents to abolition have worried about.

This provided a strong impetus for the movement towards the abolition of brothels as not only was abolition morally upright, it was also practical and useful.

In the first report produced by the Advisory Committee, the committee noted that state-regulation. In this connection we may point out that the Advisory Committee on the Traffic in Women and Children appointed by the League of Nations has drawn attention in its reports to the connection between State Regulation and organised procuration, and in their third report, issued in April,they published the replies which they received from a number of States on the subject of State Prostitutes Balfour.

This was on the basis that abolition protected women from the exploitative international sex trafficking trade and that the VD situation would not be significantly affected by abolition.

This is also reflected in reports by Mr. In fact, the abolition Prostitutes Balfour brothels did have positive impacts on reducing sex trafficking to Singapore: according to a report released ina year after the abolition of brothels started, the number of women travelling as prostitutes who arrived in Singapore decreased from in to only in The abolition movement was motivated by good intentions, which were to disrupt the international sex trafficking trade which had exploited and oppressed many women.

On top of the League of Nations report, there was also widespread international support by academics and medical professionals for the abolition of brothels, which further reinforced the view that abolition was better than regulation. As Prostitutes Balfour by R M Connolly, a Prostitutes Balfour and a representative in the Burleigh Committee, there was a great range of published writings of that time on prostitution Prostitutes Balfour its relationship with contagious diseases, which recommended strongly against the regulation of brothels.

Granted, the abolitionist movement was blinded by their own beliefs and failed to consider the contextual differences across different parts of the world. This led to the inadequacy of policy Prostitutes Balfour for Singapore for protecting the health of prostitutes in Singapore, which was still a critical problem due to the prevalence of venereal diseases during that time.

They did not consider the unique social conditions in Singapore, such as the greatly imbalanced sex ratio and high population density.

In extension, they also wrongly assumed that Singapore would be largely unaffected by the abolition of brothels, like other countries were.

By focusing on the exploitative international sex trade, the abolition of brothels did not address the widespread prevalence of VD in Prostitutes Balfour, which had gravely affected the health and livelihood of prostitutes already in Singapore. Even Prostitutes Balfour, it aggravated the situation by leaving prostitutes to operate clandestinely as individuals and removed what little means the colonial administration had left to compel them to seek treatment.

This is important because merely focusing on the impacts of abolition on VD creates a skewed representation of the colonial policymakers as being adamant to changes and irrationally rejecting available evidence that contradicts their beliefs, to the detriment of the colonial population. Prostitutes Balfour present a brief summary of the Canadian jurisprudence Bedford v R ONSC ; Canada Attorney General v Bedford SCC 72, herein Bedford that saw the repeal of three provisions of the Canadian Criminal Code herein the Code that pertained to sex work; the subsequent political action in Prostitutes Balfour to Bedford both Prostitutes Balfour and against the decisionand the Prostitutes Balfour legislative backlash that replaced the impugned sections of the Code.

A particular focus here is the severing of allyship among feminists, sex workers, and Indigenous Prostitutes Balfour over the potential decriminalization of sex work.

I explore the liminal space of Bedford in the wake of several violent murders of street-involved Prostitutes Balfour women as a determining consideration in the breakdown of feminist solidarity. Finally, I suggest that decriminalization of sex work in this liminal space has been successfully argued by prostitution neo-abolitionists as an abdication by the state of its responsibility to denounce violence against women and the continued degradation of the lives of Indigenous Prostitutes Balfour.

This represents a cautionary tale for efforts to decriminalize domestic violence. The applicants in this case were Prostitutes Balfour sex workers Terri Jean Bedford, Amy Lebovitch, and Valerie Scottrepresented by civil litigator and self-proclaimed libertarian Allan Young. The Crown counsel Attorney General of Canada in this case argued that prostitution laws were deemed necessary by parliament to criminalize the most egregious aspects of prostitution and to prevent further harms such as drug addiction and human trafficking.

Further, the Crown argued that sex workers were victims Prostitutes Balfour abuse, addiction, and poverty in need of protection from predators and pimps. Ultimately, Himel found that three sections of the Code that criminalized activities Prostitutes Balfour to prostitution did violate section 7 of the Charter. In her decision, Himel provided the federal government with 12 months to rewrite the relevant sections of the Code to ensure alignment with section 7 of the Charter.

Unsurprisingly, the Crown appealed the decision to the Supreme Court of Canada. In its decision, Prostitutes Balfour Supreme Court of Canada unanimously held the lower court ruling that Prostitutes Balfour three sections of the Code governing various aspects of prostitution were all in violation of section 7 of the Charter that recognized the right of each Canadian citizen Prostitutes Balfour security of the person.

The Supreme Court Justices wrote that these three sections were found to be arbitrary, overreaching, and disproportionate, given the risk of incarceration associated with these activities. However, the decision was stayed for 12 months, giving the federal government until December to craft a legislative response Heighton In the subsequent months of this apparent progressive legal victory, neoconservative anti-feminist and neo-abolitionist backlash against sex worker rights supporters ensued.

The federal conservative government seized on the opportunity granted by the courts to assert the dangerousness of sex work as stemming from a lack of police presence and law enforcement, the need for federally funded programs to enable women to exit sex work, Prostitutes Balfour the rights of property owners to be Prostitutes Balfour from the sight and nuisance Prostitutes Balfour sex work. Through an online national consultation process that called for Prostitutes Balfour on how the government should address the harms associated with prostitution, the federal government garnered widespread support for a law-and-order response to prostitution.

In addition to these consultations, as part of the legislative process, the House of Commons Committee Prostitutes Balfour Justice and Human Rights held hearings for submissions by advocates and academics, in addition to those with lived experience of sex work.

Under the new legislation, Prostitutes Balfour could more easily arrest victims of prostitution for being in proximity to schools and parks, or Prostitutes Balfour who advertise their services online or in the back pages of newspapers, and third parties who financially Prostitutes Balfour from sex work e.

Then—Minister of Justice, Peter MacKay proclaimed that Bill C PCEPA is rooted in protecting communities from the harms associated with prostitution, addressing the risks of violence posed to those who engage in prostitution, and condemns the objectification of the human body and the commodification of sexual activity Bruckert 3. Critics of the legislation called out the return to a pre- Bedford criminal justice response that would likely not withstand another legal challenge under the Charter British Columbia Civil Liberties Association Others denounced the work of white liberal neo-abolitionist feminists who supported the new legislation as betraying and endangering women who must now work in isolation with a heightened fear of Prostitutes Balfour and police mistreatment Law, Mario, and Bruckert The harmful impacts of this new legislation were to be felt more acutely by racialized and trans women who typically cannot access safer indoor work venues Bruckert and LawVan der Meulen, Durisin, and Love Due to this regressive legislation, Canada would see the revival of a shadow economy of unregulated and unprotected sex work, where 57 percent of sex worker deaths occur as a result of street-level working conditions, and 34 percent of those workers are Indigenous women Bruckert and Law The impact of Bill C PCEPA has been far reaching in terms of the fracturing of feminist allyship among sex workers, anti-violence activists, Indigenous women, and academics.

The expansion of the criminal legal response Prostitutes Balfour the governance of sex workers as victims of prostitution in many ways mirrored the feminist-inspired compulsory criminalization of domestic violence decades earlier.

Whereas those feminists sought to expose and denounce gender-based violence through criminalization and vigorous prosecution, the rise of carceral feminism in the wake of these well-intended reforms has been well documented. However, it is the question of whether we should decriminalize domestic violence that concerns me here, given the Canadian experience of efforts to decriminalize sex work and the subsequent deepening of carceralism that resulted, particularly for Indigenous women.

What more must we consider before seeking to decriminalize domestic violence? Is there a risk of a similar re-entrenchment of more punitive laws in the breach that follows successful litigation? My particular concern is that more Indigenous women will be caught up in what emerges in the wake of decriminalization. In the next section, I explore the hard-won allyship among feminists Prostitutes Balfour sex workers that now lies in disarray following the enactment of PCEPA and how we should consider the liminal space of law reform efforts.

Bedford was not the first modern legal Prostitutes Balfour to prostitution-related offenses in Canada. Next, I set out the liminal space that foreshadowed the severing of allyship among feminists and sex workers, notably the re-entrenchment of abolition Prostitutes Balfour and the emergence of anti-carceral feminists.

I suggest that the liminal space is critical in understanding the implications of profound legal change — such as the decriminalization of domestic violence — and its potential role in reframing progressive social movements into regressive and repressive regimes.

Together, these reports recommended swift and Prostitutes Balfour responses to the exploitation of women and children subjected to the endangerment of prostitution and pornography industries.

In the wake of these reports and the proposed legislation, in November ofa fraught and tense conference was planned between sex workers and feminists or, as the proceedings were entitled, Good Girls Bad Girls Bellto discuss potential alliances and strategies to reconcile divergent positions regarding the place of law in the realm of sex work. It was at this meeting of self-proclaimed whores, strippers, activists, legal scholars, former sex workers, and academics that an allyship was forged.

Bill C was passed in December The new legislation set out amendments to the Codemaking it an offense to communicate for the purposes of offering to sell or buy sex in a public place. The Prostitutes Balfour statute stated:. Any person, who, in a public place or in any place open to public view, stops or attempts to stop any person or in any manner communicates or Prostitutes Balfour to communicate with any person Prostitutes Balfour the purposes of engaging in prostitution or of obtaining the services of a prostitute Prostitutes Balfour guilty of an offence punishable on summary conviction.

Criminal Code, S. Solicitation did not need to be pressing or persistent, and parked cars Prostitutes Balfour deemed public places; thus, it was made illegal to engage in paid sex in Prostitutes Balfour vehicle. Feminist and sex worker advocates alike condemned the perniciousness of the legislation that not only reproduced long-held beliefs that sex workers were nuisances or threats to public decency but also further endangered women who had to hide from police.

Indeed, much of the new legislation was a reaction to the private Prostitutes Balfour of home and business owners who repudiated the presence of sex workers as negatively affecting property values and Prostitutes Balfour safety of children in those gentrified neighborhoods Hugill ; Lowman and Fraser In the year that followed the new legislation, the Prostitutes Balfour of sex workers increased dramatically: 82 percent of all prostitution-related charges in were for solicitation Rotenberg 4.

Thus, sex workers closest to the street versus in-call workers Prostitutes Balfour as escorts were increasingly isolated and fearful of calling Prostitutes Balfour police in cases of rape or assault by their customers. Statistics Canada reported that, in —, there were homicides of sex workers: 34 percent of those were unsolved versus the Prostitutes Balfour percent of homicides not involving sex workers.

Further, only 30 percent of those homicide cases resulted in a guilty verdict versus 64 percent in other femicide cases Rotenberg Allyship began to fray at the edges as some feminists sought greater police protection of women and swifter prosecution of men who purchase sex Lakemanwhereas other feminists pushed for full Prostitutes Balfour of Prostitutes Balfour work to allow women to organize safe and regulated workplaces Belak Prostitutes Balfour Bennett In efforts to theorize the fractured political alliances among feminists Prostitutes Balfour and activistssex workers, and Indigenous women that resulted in the wake of Bedfordand the Prostitutes Balfour of compulsory criminalization of sex work, I consider the anthropological concept of the liminal space: the boundaries between neo-abolition and carceralism where political, cultural, and legal meaning is made through knowledge claims of sex work as prostitution and the sex worker as victim prostitute.

What emerged from this time of contestation and protest is an epistemology of sex work as prostitution and women as victims of predators and pimps in need of protection by the criminal justice system. In this section, I reflect on how the failure of progressive law reforms such as decriminalization should be considered carefully in the context of the liminal space where legal, political, and cultural meanings of sex work are Prostitutes Balfour by prostitution abolitionists who effectively frame sex work as dangerous, degrading, racist, and violent.

These abolitionist claims silence the voices of sex workers for whom their trade is lucrative and empowering and whose voices expose the violence of criminalization. This paradoxical view of criminal law as a site of protection of women Prostitutes Balfour sexual violence and exploitation, and criminal law as a means of endangerment and isolation of women, Prostitutes Balfour the bedrock of this liminal space.

In sum, the compulsory criminalization of sex work and Prostitutes Balfour violence are intertwined, and the more punitive state response to prostitution following Bedford should be carefully considered by those seeking to decriminalize domestic violence.

The liminal space I wish to explore here is the terrain between decriminalization and criminalization, where certain knowledge claims become truth claims that underscore the imperative of a carceral Prostitutes Balfour Sniderdespite empirical evidence of the harms of carceralism to Indigenous women, in particular.

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Sex work advocates have been unable to frame the violence experienced by street-involved women as being due to criminalization regimes that isolate and endanger women. We remain convinced by the claim that prostitution is to be abolished through criminalization strategies that target customers and reject that some women Prostitutes Balfour to perform sex work, just as anti-violence feminists have not been able to decenter carceralism as the response to domestic violence and how such a response may further endanger women.

The liminal space in which efforts to decriminalize sex work in Canada have Prostitutes Balfour thwarted by carceralism has been shaped by several key events and tragedies. First was the implementation of anti—human trafficking amendments to the Code in that effectively linked prostitution Prostitutes Balfour violence against women.

Finally, there was Prostitutes Balfour acquittal of Bradley Barton in for the horrific death of Cindy Gladue, an Indigenous woman who worked in the sex trade. Inanti-trafficking amendments to the Code were introduced to address the problem of global and domestic sex trafficking, portrayed in the testimonies of young women who were lured and groomed to work as Prostitutes Balfour.

Proponents of the new provisions that framed sex work as sex trafficking argued that all prostitution is forced labor typically involving organized crime; no woman freely consents to being a prostitute. Anti-trafficking has emerged as a law-and-order priority across most of the Global South in response to the problem of rising rates Prostitutes Balfour migration from war-torn regions adversely affected by deep poverty and instability.

In Canada, an expansive government infrastructure has developed linking organized crime to drug trafficking, Prostitutes Balfour fraud, migrant labor abuses, and prostitution. The conflation of sex work with human trafficking in every instance is a misuse of carceral power; yet, it has been embedded into neo-abolitionist Prostitutes Balfour calling for a coercive response to save young Prostitutes Balfour from the grip of sex trafficking. As evidence of this similar commitment to carceralism, abolitionist feminist organizations such as the Canadian Association of Sexual Prostitutes Balfour Centres and Status of Women Canada paradoxically linked the abolition of sex work through the expansion of the carceral state to economic redistribution and adequate social welfare provisions to address the feminization of poverty.

These two forms of statecraft seldom co-exist:. State protection is a crucial element in the elimination of prostitution. It requires recognizing prostitution as violence against women. Lakeman InRobert Pickton was charged with the killing of 27 women connected to the sex trade of Downtown Eastside of Vancouver, British Columbia.

Women were first reported missing to police in ; however, an investigation was not initiated until Through the testimony of surviving Prostitutes Balfour, advocates, and sex workers who themselves live in fear of predatorial violence, the inquiry members heard of the profound marginalization Prostitutes Balfour invisibility of women who lived and worked on the streets of downtown Vancouver without protection Prostitutes Balfour police and no access to safe housing, mental health supports, and addiction recovery.

However, an important counter discursive claim is stated in the final report of the Inquiry, wherein Prostitutes Balfour authors identified the role of the criminalization of prostitution in the endangerment of women:. Marginalization is closely related to the conditions of endangerment and Prostitutes Balfour to predation, creating the climate in which the missing and murdered women were forsaken.

Oppal They found that half of these women were involved in sex work, often due to Prostitutes Balfour economic options, and also that police failed to protect women from violence. The authors of that report stated:. The information gathered to date speaks to the urgency of missing reports involving women in prostitution, as well as the broader need for greater protections for women in this area.

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Prostitution is not a cause of violence; rather, many women experience prostitution in the context of limited options and after experiencing multiple forms of trauma and violence. The RCMP eventually Prostitutes Balfour that over 1, Indigenous women had gone missing or were murdered between and Inthe newly elected Liberal government called for a national inquiry into the missing and murdered Indigenous women to make recommendations to address the colonial legacy of sexual violence and Prostitutes Balfour.

The final report of the Inquiry was published inafter years of gathering stories of trauma and neglect by the Prostitutes Balfour justice system.

As reported to the Inquiry commissioners by Indigenous women involved in the sex trade, women feared criminalization if they turned to police for safety:. As much previous research and many of the testimonies demonstrated, encounters between Indigenous women and girls involved in the sex industry and the justice system often involve experiences of additional violence at the hands of those with a responsibility to uphold justice.

A final and heartbreaking dimension to the liminal space of neo-abolitionist politics to dismantle decriminalization and build up a carceral response to sex Prostitutes Balfour is the brutal death of Cindy Prostitutes Balfour in Gladue, an Indigenous woman Prostitutes Balfour mother who also worked Prostitutes Balfour the sex trade, was left to bleed to death in a hotel room bathtub after a knife was inserted into her vagina by Bradley Barton.

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In their decision, the Supreme Court stated:. Fine Despite the persistent narratives expressed by street-involved women, especially Indigenous women — of police mistreatment as additional violence and of criminalization as further endangering women by forcing them to work in isolation out of fear of arrest — carceral expansion Prostitutes Balfour entrenched. Similarly, we see strong empirical evidence of Prostitutes Balfour adverse effects of compulsory criminalization of domestic violence on the lives of Indigenous women.

As Prostitutes Balfour and federal resources flowed into expansion Prostitutes Balfour the carceral response to domestic violence, it was clear that Indigenous communities were more likely to feel the brunt of compulsory charging practices Comack, Chopyk, Prostitutes Balfour Wood The impact of these feminist-inspired reforms on Indigenous women was becoming evident as reported judicial decisions began to reveal the jailing of Indigenous women for administration of justice charges such as contempt for refusing to testify, dual charging by police when women used defensive measures to protect themselves and their children, and refusal to testify against men from their communities out of fear of retaliation Comack and Balfour ; McGillvary and Comaskey Prostitutes Balfour Two recent cases of Indigenous women who were charged by police after being assaulted by a family member act as evidence of the ongoing mistreatment and risk of criminalization faced by Indigenous women when seeking help for domestic violence.

Two Inuit women who called the police to report being assaulted in their homes were themselves charged with breach of their bail conditions to abstain from alcohol and held in custody AM v R NUCJ The judge in these cases acquitted both women. In his decisions, the judge referred to the final report of the National Inquiry into Missing and Murdered Indigenous Prostitutes Balfour cited above:. During the Truth-Gathering Process, families and survivors talked frankly about their reasons for not reporting violence to the police or not reaching out to the criminal justice system — even Prostitutes Balfour cases where there had been severe acts of violence Prostitutes Balfour them In another troubling case, we see the confluence of homelessness, addiction, and intergenerational trauma in the life Prostitutes Balfour an Indigenous woman Prostitutes Balfour on the streets.

We also witness the failure of carceral feminism to respond to the profound violence Prostitutes Balfour women experience as a pathway to their criminalization. Candace Moostoos, a young Indigenous woman — severely addicted to alcohol and crystal meth — was convicted of manslaughter in the death of her uncle, who had sexually assaulted and exploited Moostoos and other members of her family over several years.