San Francisco Considers Decriminalizing Prostitution

by Matt Kelley · 2008-10-24 05:42:00 UTC

On November 4, San Francisco voters will consider Proposition K - a ballot measure on decriminalizing of prostitution in the city. While prostitution would remain illegal in the state, the ballot measure would stop San Francisco law enforcement officers and prosecutors from arresting and prosecuting people for selling sex. Last year, city police officers made 1,583 prostitution arrests, but 95 percent of those arrests resulted in fines and diversion programs.

The move would make San Francisco the first major city to legalize prostitution in the U.S. (contrary to popular belief, it is illegal in Las Vegas, but legal in smaller Nevada counties). The proposed change has polarized the city - opponents say it make San Francisco a mecca for Johns and increase human trafficking problems and violence against prostitutes. The city's democratic party and the local chapter of the National Lawyers Guild support the initiative, saying it would allow prostitutes to organize, and would support their health and safety by allowing them to more freely access support networks, health services and law enforcement protection. Proponents also say it would free up $11 million in the police budget to focus on more pressing matters.

But the city's police chief and district attorney are against the measure (and not only - it seems - because they would lose business), as is the San Francisco Examiner. Police Capt. Al Pardini said the passage of Prop. K would harm victims of trafficking by further isolating them from police.

If the proposal passes, "we wouldn't be able to investigate prostitution, and it's going to be pretty difficult for us to locate these folks who are victims of trafficking otherwise," said Capt. Al Pardini, head of the police department's vice unit. "It's pretty rare that we get a call that says: 'I'm a victim of human trafficking' or 'I suspect human trafficking in my neighborhood.'"

Only in recent years have police departments finally begun to view victims of human trafficking - and many others working in sex trades - as the victims they often are. I don't think punishing prostitutes with jail or fines is doing much to help the problem, so on that level I would support Prop. K. But I think Pardini points to a serious problem with the measure. About 15,000 people are trafficked into the U.S. each year - most of them for the sex trade. The federal resources are spread thin, and it takes an ambitious local police force to investigate the international rings that run the nefarious world of human trafficking. By legalizing prostitution, San Francisco would certainly run the risk of attracting more traffickers, and police might be less-equipped to assist the victims.

Matt Kelley is the Online Communications Manager at the Innocence Project and a graduate of the Medill School of Journalism at Northwestern University. Follow him on Twitter @mattjkelley.
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