Our Women are Not for Sale: Abolitionist Trisha Baptie responds to Ontario court’s Ruling on Prostitution Laws
Earlier this week an Ontario court struck down three anti-prostitution laws in Canada. Justice Susan Himel ruled that criminal prohibitions on running brothels, communicating for the purpose of prostitution and living off the avails of prostitution put the lives of sex workers at risk. Trisha Baptie, a former experiential woman and abolitionist, responds to this ruling.
It’s been two days now that I’ve woken up and felt like I am in the wrong country. I mean it’s the first thing that comes crashing into my mind even before I’d opened my eyes. Feelings of abandonment sweep over me: abandoned by my country, by the rogue judge that felt it was her job to insert what is clearly her own agenda into this topic and a genuine feeling of dread for Canadian women.
I feel a bit like a storage container for all the ugly and rancid truth involved in prostitution. The truth that can get filtered out in abstract debates about “free choice,” autonomy, free agency or whatever the new catch phrase is for the very wrong belief “that those women did it to themselves” or “if they didn’t like their job they would leave.” The belief that we choose this.
For two days I have woken up knowing a few provinces away, in the name of a privileged few, Canadian women from all walks have been abandoned.
Wading into the Truth
I have paused a bit to take a breath, read the judge’s actual decision, allow most of the sensationalitic press to die down and wade into the truth. The truth? What was struck down from the criminal code was communicating, keeping a bawdy house and living off the avails. None of the laws dealing with persons under 18 was changed.
This will not take effect for 30 days and the Canadian Government announced it will appeal. There are steps that can be taken so the laws will stay in place until it makes its way through Supreme Court, but by then abolitionists across the country are hoping the Government will table legislation that will further the step forward this decision took.
A Step Forward?
You noticed that didn’t you? I did call it a step forward. What abolitionists are calling for is the decriminalization of women–that’s what happened. What we are also calling for is the criminalization of the demand for paid sex, pimping, procuring and trafficking.
I should state, for the record, the primary applicant in this week’s case in Ontario presents as a confident woman in her 50s today, but her affidavit tells a story of a childhood filled with physical, psychological and sexual abuse. At 16, while in child protection, she met “an abusive 37-year-old drug dealer and drug addict” and began being sold for sex to fund both of their drug addictions.
Is it a choice if prostitution chooses you at 16?
Is she really an “empowered woman” exercising her free will? While I don’t want to encourage a paternalistic attitude or sound like I am saying no abuse victim can ever exercise free will over their sexuality, I think that debate can actually sidetrack us. By engaging in that debate, the real question still hides and the real problem grows bigger and bigger. The real question we haven’t asked is: Who is doing this violence? Who is making prostitution unsafe?
Is it the laws? Last time I was assaulted, it was by a man, not the law. It was not the location I was in that was unsafe, it was the man I was in that location with, that was unsafe. It was not the whether or not I could have a conversation with a man beforehand that made the “transaction” unsafe; it was the man who in a moment turned the situation on its head and thought it his right to take from me what he wanted.
The Next Step We Must Take
What we must do is interfere with that thinking by criminalizing the demand: pimping, procuring and trafficking. That is the next step we must make. Women need the State to intervene on our behalf to set the tone of acceptable male behavior. Just like domestic violence needed to be criminalized and have consequences, so too, must we criminalize this behavior.
We must think: five years out from this ruling, how do you see our country? How do you see Canada? Can you see how legalized prostitution can affect your life?
In March, Dutch nurses (in the Netherlands prostitution is legal) had to create a campaign informing patients that sexual services were not part of their nursing job.
If this were to become our reality, let’s consider:
- Would prostitutes be denied welfare because they are leaving their ”job”?
- If it’s just a “job,” will the woefully inadequate exiting services we have now dry up, because if it’s a “job,” why do they need help leaving?
- What does it teach the next generation about healthy relationships between the genders when men have the right to ask any women: “You for sale?”
There is no God or Governmental right to purchase sexual access to women’s bodies. What is a given, in Article 25 of the Universal Declaration of Human Rights, is a right to livelihood, food, shelter, clothing and necessary social services. Those ARE women’s rights. We cannot deny those rights and then say women “choose” prostitution. Women are protected by law from sexual harassment and abuse and I would argue men being allowed to ask women if they are for sale, is a violation of that law.
What we must finally stand up to is the unchecked male demand for paid sexual access to women’s bodies and say: Our women are NOT for sale.
Make Some Noise: LET’S TAKE ACTION
Take five minutes and let your voice be heard: It’s time to write/phone/fax/email your MP and tell them to support the Swedish model of law that criminalizes the john. Tell your MP that demand–pimping, procuring and trafficking–should be criminalized, while the women stay decriminalized. Here’s a link to find your MP.
About Trisha:
Trisha Baptie is Executive Director of Honour Consulting and founding member of EVE (formerly Exploited Voices now Educating). In 2008 she won BC’s Courage to Come Back Award for her bravery in transitioning to a healthier lifestyle, for giving the murdered women of Vancouver a voice through her trial coverage of Vancouver’s serial killer and for her ongoing activism. Follow Trisha’s tweets at @trisha_baptie or friend her on facebook.
Also check out this article by Trisha:









