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Anti-prostitution bills moving forward in Rhode Island

08:54 AM EDT on Friday, August 14, 2009

By Cynthia Needham and Lynn Arditi

Journal Staff Writers

PROVIDENCE, R.I. –– Legislation to close a loophole in the state’s prostitution law is expected to move forward for a final vote when the General Assembly reconvenes in September.

After several weeks of meetings in the nearly empty State House offices, representatives of the state attorney general’s office, the state police and legislative lawyers are working to reconcile two competing bills — one in the House and the other in the Senate — that would outlaw indoor prostitution, legislative spokesmen have confirmed.

As of this week, the negotiations appear to favor the House bill sponsored by Rep. Joanne M. Giannini, D-Providence, said Michael J. Healey, a spokesman for the attorney general’s office.

“We believe the Senate bill is watered down,” Healey said, “and we’re trying to convince the Senate that the House bill is a much better approach to correct the problem.”

The Senate bill, introduced by Sen. Paul V. Jabour, D-Providence, and unanimously approved by the Senate in July, attempts to rewrite the old language in the state statute on loitering, soliciting and harboring for prostitution –– some of which dates to 1956. The bill includes staggered penalties for first, second and third offenses. Prostitutes, their “customers” and property owners found guilty of a first offense would be been punished by a violation and a fine.

The Senate bill also provides for penalties for landlords who knowingly allow prostitution on their property. Landlords who are repeat offenders would face up to three years in prison and fines of up to $10,000.

The House bill, sponsored by Giannini and approved by the House in May, has no penalties for landlords, but contains stiffer penalties for prostitutes and customers who are first-time offenders. Anyone found guilty of prostitution would face imprisonment for up to six months and a fine of up to $1,000. The penalty for subsequent offenses is up to a year imprisonment and a fine of up to $1,000. The bill contains the same penalties for “customers.”

While hosting a talk-radio show in late July, Speaker William J. Murphy offered few hints on whether his bill would prevail, but he told listeners he was “hell-bent” on ensuring that lawmakers move forward with a ban.

Governor Carcieri, the state police and Attorney General Patrick C. Lynch all have voiced support for Giannini’s bill.

Sen. Jabour said he was unaware of any negotiations on the legislation but expected that both he and Giannini will be asked to sign off on any agreement.

“If the end result is her bill is the bill that would go [forward] I have no problem with it,” Jabour said. However, he added, “I’m certainly not going to sign off until I’m perfectly comfortable [with] what we’ve discussed.”

Opponents of the Senate version, including state law enforcement officials, say that it lacks the criminal penalties necessary to investigate brothels and prosecute offenders. It treats first-time offenses like a “speeding ticket,” Healey has suggested.

The softer penalty for first-time offenders was an effort to appease opponents of criminalizing indoor prostitution –– including the American Civil Liberties Union, the Rhode Island Affiliate of NOW, and advocates for victims’ rights –– who view prostitutes as victims and disagree with the concept of arresting and imprisoning them. But by making the act of prostitution a “finable offense,” Healey said, “… the Senate bill basically decriminalizes the act of the act of prostitution.”

Outside Smith Hill political circles too, the prostitution debate continues.

Providence Mayor David N. Cicilline has formed a working group to look into how the city might combat indoor prostitution through city ordinance. The police chief, city solicitor and policy director will all take part in the group, though no other details were made available.

On the other side of the debate, a coalition of 50 national and international academics from as far as New Zealand have penned a letter to Rhode Island lawmakers, imploring them not to ban indoor prostitution on the grounds that it should be handled differently than streetwalking.

“Many indoor workers made conscious decisions to enter the trade, and several studies also find that indoor workers have moderate-to-high job satisfaction and believe they provide a valuable service,” it reads in part.

Meanwhile, a report distributed by the nonprofit group OPENDOORS (formerly known as the Rhode Island Family Life Center) claims that if the state stopped arresting prostitutes there would 215 fewer incarcerations per year.

History shows that when more street prostitutes are put behind bars it doesn’t help get those women off the streets, said the organization’s policy analyst, Nick Horton, it merely drives them further underground. “So we’ll have to assume,” he said, “that the same thing will happen with indoor prostitution.”

larditi@projo.com

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