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Hey, prostitution is legal…

August 23, 2004 By: DancingSamurai Category: Musings

… why didn’t anone tell me this before?! Yeesh!

:P

Seriously, I looked into it after skimming through a K5 article. As an aside, the comments there show the maturity level of the K5 crowd. Well, at least it’s better than /.!

Anyway, I found this article (quoted by CMAJ, so it must be legit, right? :P). Actually, the author wrote a shorter piece for the CMAJ that summarizes things much more eloquently than I could.

So basically, prostitution is legal. However, in a strange legal quagmire somewhat reminiscent of the whole DMCA thing down south, it is illegal to COMMUNICATE about the selling or purchase of sex in a public place. It is also illegal (although rarely enforced now) to run a “bawdy house” (ie. an establishment routinely used for the purpose of prostitution).

The result of these mixed messages is that outcall prostitution – escort services, ads in papers etc. – are perfectly legal. Many cities regulate (and tax, or course!) these services.

The communication law is clearly at odds with the freedom of speech, expression, and so forth in the Charter of Rights and Freedoms – however a challenge on that basis was defeated since the law existed to keep communities free of prostitutes and their ilk. Well, it doesn’t seem to be working. Street prostitues are just as numerous as ever, except that it’s a much more dangerous profession – murders and violence among street prostitutes has increased dramatically.

So it seems, as with drug prohibition, the ‘cure’ seems to be worse than the ‘disease’. A blatant limitation on free speech is not having the desired effect, and in fact increasing the risks of harm. If what you’re doing is illegal, the police can’t protect your other rights.

Meh, I’m sick of hypocritical laws…

OK, enough ranting. I have a pile of paperwork to get through and my apartment to clean…

Possibly related posts:

  1. RIAA vs. File Swappers
  2. Interesting BitTorrent article
  3. Amusing Legal Brief
  4. On Free Culture, Piracy, and Control
  5. Latimer denied parole…

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    I am a Family Physician in Southern Ontario with an overindulgent geeky side!
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