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Paul V. Jabour/Michael J. McCaffrey: Fixing ‘sex-worker industry’: R.I. Senate closes prostitution loophole

01:00 AM EDT on Sunday, August 30, 2009

PAUL V. JABOUR MICHAEL J. M{-c}CAFFREY

THE RHODE ISLAND SENATE passed bill S596A on June 25, closing a “loophole” by making indoor prostitution unlawful in our state. Reports to the contrary are inaccurate. The Senate bill includes a violation that carries a penalty for the act of prostitution, regardless of where it occurs. This was a priority for the Senate, and we pledge to have a bill on Governor Carcieri’s desk soon after we reconvene in September.

The Senate closed the “loophole” so that Rhode Island would no longer be the only state without a prohibition against indoor prostitution. The Senate and House bills carry different penalties, and this is where much of the confusion has arisen. As with many pieces of legislation, the House and Senate work cooperatively to iron out differences in similar bills before compromise language passes both chambers. We have had Assembly and staff members working through the summer with representatives of the attorney general’s office and the state police to come up with a workable bill.

The Senate closed the “loophole” and included significant new provisions to strengthen our state’s prostitution laws. The Senate bill has many strong points that are lacking in the bill that passed the House.

The Senate bill recognizes that neighborhoods and communities need to have property owners held accountable when they have knowledge that their premises are being used for indoor prostitution. We included distinct penalties for those who are purchasing prostitution services, and we are seeking new data-reporting requirements that will help us track the arrest and conviction rates of both prostitutes and those who access or manage their services.

The Senate closed the loophole, made it a priority, and will commit to seeing a bill become law in September. We are fooling ourselves, however, if we think our job is done. Data collected during this debate show:

In 2008, 182 women in Rhode Island were incarcerated for prostitution, while no people were incarcerated at the Adult Correctional Institutions for either “soliciting a prostitute” or “pimping.” If we are serious about reducing prostitution in our state, we must look at the most effective means to impact both the supply and the demand.

The costs and benefits associated with imprisonment versus diversionary programs that deter women from prostitution must be reviewed. A 2007 survey by the Pawtucket Citizen’s Development Corporation of women engaging in outdoor prostitution showed that they tend to be extremely poor (many are homeless), substance-abusing mothers at risk for sexually transmitted disease.

We must delineate the lines that have been blurred among the problems of indoor prostitution, outdoor prostitution, human sex trafficking, and strip-club dancing by minors. Each of these issues has an appropriate legal and moral response and confusing them will lead to ineffective policies and political responses.

The Senate closed the loophole that allowed indoor prostitution in our state and will allow proper investigation of illegal sex businesses. Law enforcement is playing a major role in constructing a revised House and Senate bill. We are confident that we will continue to work with our community partners and advocates to devise the most cost-effective strategies to address issues of human exploitation in the sex-worker industry.

Paul V. Jabour, a Providence Democrat, is the primary sponsor of the Senate bill on prostitution. Michael J. McCaffrey, a Warwick Democrat, is the chairman of the Senate Judiciary Committee.

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