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Is it time to decriminalize prostitution? Two New York bills answer yes in unique ways
One bill hopes to repeal the crime of selling sex and expand social services; the other would legalize the entire sex trade.
Although incorrectly labeled the world's oldest profession, prostitution has been on the minds of lawmakers for as long as extant laws allow us to track. The Code of Hammurabi, the most complete of ancient Babylonian laws, doesn't deal with the sex trade directly but does distinguish between the inheritance rights enjoyed by "devoted women" versus prostituted women.
A few centuries later and across the Mediterranean, the ancient Greek and Roman civilizations regulated a legal sex trade depicted on frescos and black-and-red-figure vases in exotic and highly idealized terms. However, the courtesan's life was hardly a high-minded exercise in sexual liberation. Freeborn wives and daughters did not participate in the sex trade. Instead, these societies filled their brothels with slaves and infames and allowed them to suffer in abhorrent living conditions. The ashen evidence from Pompeii reveals that prostituted women and young men were immured within dark, stifling cells barely large enough to house their stone beds.
In the United States today prostitution is entirely illegal, save for a few counties in the state of Nevada. Yet, trafficking persists across the country. One study from the Field Center for Children's Policy, University of Pennsylvania, interviewed vulnerable youths across 13 cities and found that roughly a fifth were victims of sex trafficking. Many said they were approached for paid sexual acts during their first night of homelessness.
Opponents of the full-criminalization model argue that these regulations only aggravate such problems, driving prostituted people further underground, where harm and violence may be inflicted upon them without recourse. In recent decades, European countries have introduced new prostitution laws, leading U.S. advocates to raise their voices for decriminalization. And two new bills introduced in the New York State Senate hope to make that change.
The Equality Model asks, criminal or victim?
Advocates stand outside a courthouse to protest Ghislaine Maxwell, former girlfriend to Jeffrey Epstein, for her role in his sex-trafficking ring.
Credit: Timothy A. Clary/Getty Images
The most recent of the two is the Sex Trade Survivors Justice & Equality Act. Set to be introduced by Senator Liz Krueger of Manhattan, the law would repeal the crime of prostitution in the state but would maintain punitive measures against buyers and pimps. The penalty for buying sex, for example, would be a sliding-scale fine based on income. The bill also aims to strengthen laws against trafficking and eliminate the so-called ignorance defense, which affords buyers legal cover if they did not have "reasonable grounds" to assume their victim was underage.
The Sex Trade Survivors Justice & Equality Act is based on the Equality Model, first introduced in Sweden in 1999. Under the Swedish Sex Purchase Act, the country decriminalized prostitution and began targeting buyers and suppliers with the goal of lowering demand. As demand decreased, the thinking went, Sweden would witness a subsequent reduction in violence, trafficking, and the trauma associated so strongly with the illicit sex trade. And a 2008 report did find that the strategy manifested some of those goals.
After the law's introduction, costs increased, fewer men sought to purchase sex, and the number of women in street prostitution halved—though the burgeoning internet scene likely influenced that metric as much as the law.
As for Sweden's prostituted population, the report was mixed. Fears of the law driving prostitution further underground weren't realized, nor did the risks of physical abuse or dangerous living conditions increase. However, while people who sought to leave the life favored the law, those who wished to stay in the trade denigrated it for hyping the social stigma.
After the report's release, countries such as Norway, Iceland, Canada, and Israel adopted the Equality Model, and today, many U.S. advocacy groups champion for states to institute similar laws.
"We who have been in the human-trafficking policy movement for a long time have been advocating for years that people in prostitution should not be criminalized for their exploitation," Alexi Meyers, director of anti-trafficking policy at Sanctuary for Families, told Big Think in an interview discussing the New York bill. "It's the only law where the victim is arrested. Instead of handcuffs, [people in prostitution] need services, need housing, need support."
Critically, the Sex Trade Survivors Justice & Equality Act does more than decriminalize prostitution. It also bolsters social services such as housing, job training, and mental health care. To help finance these services, money collected by the aforementioned buyer fine will go into a victim-compensation fund. The bill also expands protections for minors arrested under safe harbor and would vacate victims' prior convictions so they could more easily find jobs.
"When someone has had no family support, have been abused their entire lives, and they haven't gotten the services they need, at the age of 18, they haven't magically transformed from a victim of trafficking into a consenting adult," Jayne Bigelsen, vice president of advocacy for Covenant House, New York, said in our interview.
Bigelsen grants that not everyone engaged in the commercial sex trade may view themselves as a victim, but she notes that a large portion of the population remains vulnerable nonetheless. To treat such people as criminals, as so many contemporary laws do, does no one any favors. The fear of arrest actively discourages victims from seeking an "off-ramp" to the life and strengthens the coercive hold their pimps and traffickers maintain on them.
"[The law helps] reframe the understanding that this is not a crime. It is a form of gender-based violence and exploitation. I think, over time, people will have a greater understanding of that," Bigelsen adds.
Prostitution, an occupation like any other?
Sex workers in Amsterdam's famous red-light district, where window prostitution is permitted.
Credit: Dean Mouhtaropoulos/Getty Images
But critics of the Equality Model believe it's disguised paternalism that robs women of the right to choose. Worse, they argue, it further stigmatizes sex workers within society and drives the sex trade further underground, where exploitation and violence can continue to fester from prying eyes.
A second New York Senate bill, currently in committee, would decriminalize the entire sex trade within the state. Called the Stop Violence in the Sex Trades Act, the bill would keep penal laws related to minors and sex trafficking but would make sex work between consenting adults a legal, regulated trade.
"Sex work is work and should not be criminalized by the state," Senator Julia Salazar, who introduced the bill, stated in a press release. "Our current policies only empower traffickers and others who benefit from keeping sex work in the shadows. New York State needs to listen to sex workers and make these common-sense reforms to keep sex workers safe and empower sex workers in their workplaces."
Like the Sex Trade Survivors Justice & Equality Act, Salazar's bill draws inspiration from European laws, namely those from the Netherlands and Germany. Both countries legalized the sex trade a few years after Sweden introduced its Equality Model—though laws and regulations vary between the countries and even districts within them. For example, Germany has passed a law that requires any business offering sex services to apply for a permit "that will only be granted if health, hygiene and room requirements are met," while Amsterdam limits window prostitution to specific city zones.
Full-decriminalization advocates hope such laws will facilitate freedom of choice, access to social services, improved health and working conditions, and the decoupling of the occupation from criminal enterprises. They also argue that full decriminalization closes the unintended consequences created by the Equality Model.
An Amnesty International report notes that in Norway, sex workers are routinely evicted from their homes because landlords fear rental agreements will expose them to prosecution for promoting sex. Similar liability concerns deter third parties, such as security, from working with sex workers, too. As a result, sex workers themselves may not be prosecuted but their lives are no less secure nor more firmly established within society.
"What we have isn't working. The current model of criminalizing sex work traps sex workers and trafficking survivors in cycles of violence. The new proposed legislation referred to as the 'Equality Model' conflates sex work with sex trafficking, using the logic of broken windows policing to address trafficking by targeting sex workers," writes the advocacy group Decrim NY.
New York State to lead decriminalization
Of course, Equality Model advocates have their arguments against full decriminalization. Even in countries that have legalized prostitution, the sex trade retains strong ties to criminal activities. Prostituted women continue to be viewed as pariah—or, in the case of Amsterdam, tourist attractions. And like the legal sex trades of the ancient world, contemporary examples have witnessed a surge in human trafficking to meet the demand. More often than not, poor women from poor countries.
"If you decriminalize people who buy sex, you're removing any legal barriers or social barriers, and the number of people who buy sex will exponentially increase, and you'll have to fill that new, legal demand with supply. And that supply is human bodies, and there aren't enough willing participants to fulfill that need. That's when trafficking occurs," Alexi Myers said.
A report commissioned by Germany's Federal Ministry for Family Affairs, Senior Citizens, Women and Youth looked into the effects of the country's 2001 law. It found the intended impacts to be lacking. According to the report, the Prostitution Act did not create measurable improvements on social protection, working conditions, reduced crime, or the means for leaving the business. The report did assuage some fears, however, by finding that legalization did not make it more difficult to prosecute sex traffickers or related violence when they occurred.
All told, data will never point to a perfect solution to this or any social concern. In the case of prostitution, emotions and moral instinct run at the redline. Often, the solution one proposes comes down to one's answer of this question: What is prostitution? Is it a violation of another human's rights and dignity? An occupation like any other? Or a moral offense old as the law itself?
Whatever your answer, you'll likely find current U.S. law lacking. It's for this reason that many states are reanalyzing and revamping their prostitution laws to protect victims, usually with more robust safe harbor laws. Whichever law New York State chooses, its successes and failures will likely serve as a bellwether for the United States moving forward.
- Gaining Favour with Sex Worker Bribes - Big Think ›
- Decriminalising Sex Work Is Better for Everyone - Big Think ›
- Should Prostitution Be Legalized? - Big Think ›
Inventions with revolutionary potential made by a mysterious aerospace engineer for the U.S. Navy come to light.
- U.S. Navy holds patents for enigmatic inventions by aerospace engineer Dr. Salvatore Pais.
- Pais came up with technology that can "engineer" reality, devising an ultrafast craft, a fusion reactor, and more.
- While mostly theoretical at this point, the inventions could transform energy, space, and military sectors.
The U.S. Navy controls patents for some futuristic and outlandish technologies, some of which, dubbed "the UFO patents," came to light recently. Of particular note are inventions by the somewhat mysterious Dr. Salvatore Cezar Pais, whose tech claims to be able to "engineer reality." His slate of highly-ambitious, borderline sci-fi designs meant for use by the U.S. government range from gravitational wave generators and compact fusion reactors to next-gen hybrid aerospace-underwater crafts with revolutionary propulsion systems, and beyond.
Of course, the existence of patents does not mean these technologies have actually been created, but there is evidence that some demonstrations of operability have been successfully carried out. As investigated and reported by The War Zone, a possible reason why some of the patents may have been taken on by the Navy is that the Chinese military may also be developing similar advanced gadgets.
Among Dr. Pais's patents are designs, approved in 2018, for an aerospace-underwater craft of incredible speed and maneuverability. This cone-shaped vehicle can potentially fly just as well anywhere it may be, whether air, water or space, without leaving any heat signatures. It can achieve this by creating a quantum vacuum around itself with a very dense polarized energy field. This vacuum would allow it to repel any molecule the craft comes in contact with, no matter the medium. Manipulating "quantum field fluctuations in the local vacuum energy state," would help reduce the craft's inertia. The polarized vacuum would dramatically decrease any elemental resistance and lead to "extreme speeds," claims the paper.
Not only that, if the vacuum-creating technology can be engineered, we'd also be able to "engineer the fabric of our reality at the most fundamental level," states the patent. This would lead to major advancements in aerospace propulsion and generating power. Not to mention other reality-changing outcomes that come to mind.
Among Pais's other patents are inventions that stem from similar thinking, outlining pieces of technology necessary to make his creations come to fruition. His paper presented in 2019, titled "Room Temperature Superconducting System for Use on a Hybrid Aerospace Undersea Craft," proposes a system that can achieve superconductivity at room temperatures. This would become "a highly disruptive technology, capable of a total paradigm change in Science and Technology," conveys Pais.
High frequency gravitational wave generator.
Credit: Dr. Salvatore Pais
Another invention devised by Pais is an electromagnetic field generator that could generate "an impenetrable defensive shield to sea and land as well as space-based military and civilian assets." This shield could protect from threats like anti-ship ballistic missiles, cruise missiles that evade radar, coronal mass ejections, military satellites, and even asteroids.
Dr. Pais's ideas center around the phenomenon he dubbed "The Pais Effect". He referred to it in his writings as the "controlled motion of electrically charged matter (from solid to plasma) via accelerated spin and/or accelerated vibration under rapid (yet smooth) acceleration-deceleration-acceleration transients." In less jargon-heavy terms, Pais claims to have figured out how to spin electromagnetic fields in order to contain a fusion reaction – an accomplishment that would lead to a tremendous change in power consumption and an abundance of energy.
According to his bio in a recently published paper on a new Plasma Compression Fusion Device, which could transform energy production, Dr. Pais is a mechanical and aerospace engineer working at the Naval Air Warfare Center Aircraft Division (NAWCAD), which is headquartered in Patuxent River, Maryland. Holding a Ph.D. from Case Western Reserve University in Cleveland, Ohio, Pais was a NASA Research Fellow and worked with Northrop Grumman Aerospace Systems. His current Department of Defense work involves his "advanced knowledge of theory, analysis, and modern experimental and computational methods in aerodynamics, along with an understanding of air-vehicle and missile design, especially in the domain of hypersonic power plant and vehicle design." He also has expert knowledge of electrooptics, emerging quantum technologies (laser power generation in particular), high-energy electromagnetic field generation, and the "breakthrough field of room temperature superconductivity, as related to advanced field propulsion."
Suffice it to say, with such a list of research credentials that would make Nikola Tesla proud, Dr. Pais seems well-positioned to carry out groundbreaking work.
A craft using an inertial mass reduction device.
Credit: Salvatore Pais
The patents won't necessarily lead to these technologies ever seeing the light of day. The research has its share of detractors and nonbelievers among other scientists, who think the amount of energy required for the fields described by Pais and his ideas on electromagnetic propulsions are well beyond the scope of current tech and are nearly impossible. Yet investigators at The War Zone found comments from Navy officials that indicate the inventions are being looked at seriously enough, and some tests are taking place.
If you'd like to read through Pais's patents yourself, check them out here.
Laser Augmented Turbojet Propulsion System
Credit: Dr. Salvatore Pais
From "mutilated males" to "wandering wombs," dodgy science affects how we view the female body still today.
- The history of medicine and biology often has been embarrassingly wrong when it comes to female anatomy and was surprisingly resistant to progress.
- Aristotle and the ancient Greeks are much to blame for the mistaken notion of women as cold, passive, and little more than a "mutilated man."
- Thanks to this dubious science, and the likes of Sigmund Freud, we live today with a legacy that judges women according to antiquated biology and psychology.
The story of medicine has not been particularly kind to women. Not only was little anatomical or scientific research done on women or on women-specific issues, doctors often treated them differently.
Even today, women are up to ten times more likely to have their symptoms explained away as being psychological or psychosomatic than men. Worryingly, women are 50 percent more likely to be misdiagnosed after a heart attack, and drugs designed for "everyone" are actually much less effective (for pain) or too effective (for sleeping) in women.
Are these differences real or imagined? And what can the history of female medicine teach us about where we are today?
A mutilated male
Aristotle is rightly considered one of the greatest minds of all time and is recognized as the founding father of many disciplines, including biology. He was one of the most rigorous and comprehensive scientists and field researchers the world had known. He categorized a large number of species based on a wide range of traits, such as movement, longevity, and sensory capacity. His views on women, then, stemmed from what he thought of as good, proper study. The problem is that he got pretty much all of it wrong.
According to Aristotle, during pregnancy, it was the man who, alone, contributed the all-important "form" of a fetus (that is, its defining nature and personality), whereas the woman provided only the matter (that is, the environment and sustenance to grow the fetus, which was provided by the menstrual blood).
From this, Aristotle extrapolated all sorts of dubious conclusions. He ventured that the man was superior, active, and dominant, and the woman inferior, passive, and submissive. As such, the woman's role was to nurture children, run a household, and be silent and obedient — political and cultural manifestations of dodgy biology. If women did not provide a child's form and nature, how important could they really be?
Given this passivity, Aristotle argued that the woman must be associated with other passive things, like being cold and slow. The man, being dynamic and energetic, must be hot and fast. From this, Aristotle concluded that any defects or problems in childbirth can only be due to the sluggishness of the female womb. Even the positive biological aspects of being female, such as greater longevity, were put down to this cold rigidity — a lack of metabolism and spirit. Most notorious of all, since Aristotle believed that female children were themselves the result of an incomplete and underdeveloped gestation, women were simply "mutilated males" whose mothers' cold wombs had overpowered the warm, vital, male sperm.
Aristotle can still be counted as a great mind, but when it came to women, his ideas have not aged well in just how far they negatively influenced what came after. Given that his works were seen as the authority well into the 16th century, he left quite the pernicious legacy.
A wandering womb
But, how much can we really blame Aristotle? Without the aid of modern scientific equipment, physicians and biologists were left to guess about female anatomy. Unfortunately, the damage was done, and Aristotle's ideas of a troublesome uterus became so mainstream that they led to one of the more bizarre ideas in medical history: the wandering womb.
The "wandering womb" is the idea that the womb is actually some kind of roaming parasite in the body, possibly even a separate organism. According to this theory, after a woman menstruates, her womb becomes hot and dry and so becomes extra mobile. It is transformed into a voracious hunter. The womb will dart from organ to organ, seeking to steal its moisture and other vital fluids. This parasitic behavior caused all sorts of (female only) illnesses.
If a woman had asthma, the womb was leeching the lungs. Stomach aches, it was in the gut. And if it attacked the heart (which the ancients thought was the source of our thoughts), then it would cause all manner of mental health issues. In fact, the Greek word for womb is "hystera," and so when we call someone (often a woman) hysterical, we are saying that their womb is causing mischief.
The "solutions" or "remedies" for a wandering womb were as strange as the theory. Since the womb was supposed to be attracted to sweet smells, placing flowers or perfumes around the vagina would "lure" it down. On the flip side, if you smoked noxious substances or ate disgusting foods, it would "repel" the womb away. By using all manner of smells, you could make the womb move wherever you wanted.
The oddest "remedy" — and most male-centric of all — is that, since the wandering womb was said to be caused by heat and dryness, a good solution would be male semen, which was thought of as cooling and wet. And so, the ancient and highly inaccurate myth was born that sex could cure a woman of her "hysteria."
A lingering problem
We live today with the legacy of this kind of thinking. Freud was much taken with the idea of "hysteria," and although he did accept that men could be subject to it as well, he believed it was overwhelmingly a female problem caused by female biology. The woman, for Freud, is mostly defined by her "sexual function." What Freud calls "normal femininity" (the preferred and best outcome) is defined by passivity. A woman's ideal development is one which moves from being active and "phallic" to passive and vaginal.
Nowadays, Freud and Aristotle's legacy lies in just how easily women are defined by their sexuality. Given that men and women, both, are equally dependent on their biology, it is curious how much more often women are reduced to theirs. The idea that women are more emotional or slaves to their hormones than men is still a depressingly familiar trope. It is an idea that goes back to the Greeks.
If we think biology is important to who we are (as it most certainly is), we ought to make sure that the biology is as good and accurate as it can be.
People tend to reflexively assume that fun events – like vacations – will go by really quickly.
For many people, summer vacation can't come soon enough – especially for the half of Americans who canceled their summer plans last year due to the pandemic.
But when a vacation approaches, do you ever get the feeling that it's almost over before it starts?
If so, you're not alone.
In some recent studies Gabriela Tonietto, Sam Maglio, Eric VanEpps and I conducted, we found that about half of the people we surveyed indicated that their upcoming weekend trip felt like it would end as soon as it started.
This feeling can have a ripple effect. It can change the way trips are planned – you might, for example, be less likely to schedule extra activities. At the same time, you might be more likely to splurge on an expensive dinner because you want to make the best of the little time you think you have.
Where does this tendency come from? And can it be avoided?
Not all events are created equal
When people look forward to something, they usually want it to happen as soon as possible and last as long as possible.
We first explored the effect of this attitude in the context of Thanksgiving.
We chose Thanksgiving because almost everyone in the U.S. celebrates it, but not everyone looks forward to it. Some people love the annual family get-together. Others – whether it's the stress of cooking, the tedium of cleaning or the anxiety of dealing with family drama – dread it.
So on the Monday before Thanksgiving in 2019, we surveyed 510 people online and asked them to tell us whether they were looking forward to the holiday. Then we asked them how far away it seemed, and how long they felt it would last. We had them move a 100-point slider – 0 meaning very short and 100 meaning very long – to a location that reflected their feelings.
As we suspected, the more participants looked forward to their Thanksgiving festivities, the farther away it seemed and shorter it felt. Ironically, longing for something seems to shrink its duration in the mind's eye.
Winding the mind's clock
Most people believe the idiom “time flies when you're having fun," and research has, indeed, shown that when time seems to pass by quickly, people assume the task must have been engaging and enjoyable.
We reasoned that people might be over-applying their assumption about the relationship between time and fun when judging the duration of events yet to happen.
As a result, people tend to reflexively assume that fun events – like vacations – will go by really quickly. Meanwhile, pining for something can make the time leading up to the event seem to drag. The combination of its beginning pushed farther away in their minds – with its end pulled closer – resulted in our participants' anticipating that something they looked forward would feel as if it had almost no duration at all.
In another study, we asked participants to imagine going on a weekend trip that they either expected to be fun or terrible. We then asked them how far away the start and end of this trip felt like using a similar 0 to 100 scale. 46% of participants evaluated the positive weekend as feeling like it had no duration at all: They marked the beginning and the end of the vacation virtually at the same location when using the slider scale.
Thinking in hours and days
Our goal was to show how these two judgments of an event – the fact that it simultaneously seems farther away and is assumed to last for less time – can nearly eliminate the event's duration in the mind's eye.
We reasoned that if we didn't explicitly highlight these two separate pieces – and instead directly asked them about the duration of the event – a smaller portion of people would indicate virtually no duration for something they looked forward to.
We tested this theory in another study, in which we told participants that they would watch two five-minute-long videos back-to-back. We described the second video as either humorous or boring, and then asked them how long they thought each video would feel like it lasted.
We found that the participants predicted that the funny video would still feel shorter and was farther away than the boring one. But we also found that participants believed it would last a bit longer than the responses we received in the earlier studies.
This finding gives us a way to overcome this biased perception: focus on the actual duration. Because in this study, participants directly reported how long the funny video would last – and not the perceived distance of its beginning and its end – they were far less likely to assume it would be over just as it started.
While it sounds trivial and obvious, we often rely on our subjective feelings – not objective measures of time – when deciding how long a period of time will feel and how to best use it.
So when looking forward to much-anticipated events like vacations, it's important to remind yourself just how many days it will last.
You'll get more out of the experience – and, hopefully, put yourself in a better position to take advantage of the time you do have.