Red Light Districts Could Go Legit Under San Fran’s Prop K
Posted on September 12, 2008
Filed Under Criminal Law, Felonies, Law, Los Angeles, Sex Offenders, misdemeanor, prostitution |
In November, San Francisco residents could give Red Light districts the green light if they approve Proposition K. Being heralded as the legalization of prostitution, Prop K would decriminalize prostitution and change the way the city enforces prostitution laws.
Parties on both sides of the debate have been vocal in their arguments. Proponents say Prop K would improve the safety of prostitutes. “Workers would like it if crimes like rape, robbery, theft and coercion were vigorously investigated and prosecuted,” said Maxine Doogan of the Erotic Service Providers Union. “We want the right to make reports of crimes against us without being retaliated against by the police department.”
The California STD Controllers’ Association believes decriminalization will reduce the spread of sexually transmitted diseases and HIV. “Studies have shown that sex workers in decriminalized or legal settings are healthier, suffer less personal violence and are more likely to practice safer sex with their clients,” said Association President Jeffrey Klausner, MD.
Opponents fear that Prop K will make it impossible to reign in the sex trade. San Francisco Mayor Gavin Newsom said the measure would severely restrict the city’s ability to investigate and prosecute sex trafficking. Under Prop K, the city would be prohibited from using law enforcement resources to investigate or prosecute prostitution or spend money on sex-traffic investigations involving racial profiling.
“This measure is nothing more than a welcome mat for prostitutes and pimps to come and hang out in San Francisco,” charged the city’s District Attorney Kamala Harris. “It would make it very challenging to investigate and prosecute human trafficking. We need to use police resources to investigate where there is a suspicion that women and children, in particular immigrants, are being exploited.”
Prostitution is a crime in California. Prop K calls upon the home powers provided to charter-created counties like San Francisco under Article XI of the California Constitution to circumvent state law, stating that home powers allow “counties to enact laws that exclusively apply to residents within their borders, even when such a law conflicts with state law or when state law is silent.” If approved, Prop K would go into effect on January 1, 2009.
Until that occurs, prostitutes, their pimps and clients can still be prosecuted. If Prop K passes, prostitution will still be illegal outside of San Francisco County. It is unclear how internet prostitution, which has been the subject of an aggressive crackdown by Los Angeles County prosecutors, will be affected. Conviction of prostitution, solicitation or pandering can have life-changing consequences, including jail, probation, fines, physical labor, community service, loss of employment, loss of license and security clearance, and public humiliation. If you are charged with prostitution or any sex crime, seek the immediate help of an experienced criminal defense lawyer.
-LegalPro
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