San Francisco, one of America's leading cities in terms of pushing the legal envelope, has a proposition on its most recent ballot that would decriminalize prostitution - by prohibiting the city from arresting prostitutes - which will allegedly make it easier for sex workers to report violence to the police and improve public health. The decriminalization of prostitution was the main recommendation of the citywide San Francisco Task Force on Prostitution more than 10 years ago.
A recent UCSF study found that 1 out of 7 sex workers in San Francisco were threatened with arrest by police officers unless they had sex with them, and 1 out of 5 reported that police officers paid them for sex.
The California State Bar supports the Proposition, for the following reasons:
Decriminalizing prostitution and establishing regulations for safer sex practices of those engaged in prostitution will have a positive impact on public health.
Regulation of prostitution would also reduce violence and other associated criminal behavior.
The laws against prostitution identify the following offenses:
- Solicitation - the act of directing or asking someone to exchange money for sexual activity
- Prostitution - the act of exchanging money for sexual activity
- Pandering - the crime committed by a "pimp"
- Loitering - to linger without a lawful reason for the purpose of committing a crime or engaging in prostitution
These prostitution related offenses are punishable by the following penalties:
- Community Service
- County Jail
- Probation
- AIDS Testing
- Fines
- Counseling (court-enforced)
- Cal Trans (physical labor)
- Loss of employment for those with licenses or government / security clearances
- Jail Enhancements: Additional jail time for defendants with prior related criminal charges
