The Social Issues Of Criminalizing Prostitution In New York

The state has established bills to potentially decrease crime and reform the criminal. However, to criminalize an individual who has voluntarily engaged in sexual behavior with another voluntary person in exchange for monetary gifts is to essentially shame the individual and execute guilt on an offense against society moral. To say this “criminal” needs reform, is to also say that he or she has a problem that needs fixing. In these particular cases, we need a reformed society. A reformed society should enhance educated public opinions on individual responsibility and a right to choice. Governor Cuomo, Mayor de Blasio, and Executive Commissioner of the NYS Division of Criminal Justice Services Michael Green hold the legal influence and power to propose policies to eliminate the social issues of criminalizing prostitution as a whole.

Gov. Cuomo Lifelong commitment to public service; has worked to make communities across NY stronger and safer for all residents Preserve women’s rights: Reproductive Health Act, the Comprehensive Contraception Coverage Act, Child Sex Trafficking Act, and the Equal Rights Amendment Mayor De Blasio Commitment to fight income inequality Quality education, safe communities, affordable housing; improve the lives of NYC women and girls by creating more of an equitable city Executive Commissioner of DCJS Michael Green Enhance public safety; provide resources and services that inform decision making and improve the quality of the CJS Advocate for victims of crime, fight everyday crime and protect New Yorkers At some point in time, all 3 of these influential men advocated for rights - rights for women, rights to education and equality, and rights to safety. Therefore, by joining missions and working as teams, the acknowledgement and understanding of sex workers rights, safety, and health can be easily accomplished.

Before attempting to revise and reform any policy, specifically Section 230 of the Penal Law, it is essential for these men to hear out the victims who are criminalized for what they made a choice to do, what they gain pleasure in doing, and what they enjoy doing to support their living conditions. More importantly, these policy makers should be encouraged to listen to why individuals began voluntary sex work in the first place to eliminate potentially more social issues.

Unofficial Actors: While they do not occupy formal political positions, NYPD officers, civilians, and interest groups derive their interests and demands. By harmonizing their interests and demands, these unofficial actors influence the official policy makers, such as the ones previously mentioned, to shine light onto dark areas of policies already in place and/or suggest alternate policies to better society. The Vice Enforcement Division is responsible to identify “persons or organizations that are involved in human trafficking, prostitution, and internet crimes against children, focusing on victim-based crimes. ” They aim to reduce illegal activities occurring within their communities by utilizing a mix of investigate skills, undercover surveillance, and tips from the community. Detectives within this division learn and understand, by law, that prostitution is illegal. It is a crime, no matter if it was voluntary or not. Therefore, after a Vice Detective identifies a potential suspect of prostitution/sex work, he/she is faced with arrest and potential fines or jail time. The suspect becomes vulnerable and weak when attempting to defend his/her decisions.

New York Penal Law, Section 240. 37 has also demonstrated significant issues affecting both potential sex workers and police. Under this specific policy, “loitering in a public place by anyone the police determine is present for the purpose of prostitution” is criminalized. Cortes (2017) states, “Purpose is not defined in New York Penal Law Section 240. 37, thus the reason for one’s presence is ultimately decided by the opinions of arresting officers. On any street, sidewalk, bridge, plaza, park, subway, or insider her motor vehicle, a woman can be arrested for repeatedly beckoning or attempting to engage passers-by in conversation, if police read these actions as intent to engage in prostitution. A woman may be surveilled, searched, and detained, in part because an offer takes issue with her clothing. ” Who is an officer, let alone a civilian, to say that a woman’s clothing has provided a purpose towards prostitution? It is significant to note that officers, indeed, have also been participants in illegal prostitution scandals, such as the most recent bust of 7 active members of the NYPD facilitating a prostitution and gambling ring in Brooklyn and Queens. By maintaining laws to criminalize sex work and voluntary prostitution, these women then become victims of law enforcers who have easier chances of hiding their wrong doings. Civilians and interest groups also play a significant role as unofficial actors. Any individual has the ability to be persuaded to care for a particular problem. Therefore, individuals who may claim that they are relatively uninterested and/or do not participate in any voting elections can still be influenced to write letters, take political actions, and even join a specific interest group to advocate for a solution to a problem he/she has grown passionate about. For example, many parents, guardians, and/or mentors will take action when governments fail and/or are unresponsive to local needs for education or public safety.

Unfortunately, blocking an action may be more easily achieved than actually moving a policy plan forward. Membership interest groups, that advocate for women's rights, including a woman's right to health care, safety, and sexuality, can significantly increase awareness of the issues that result from the Penal Law. By increasing support through interest groups, it is possible to begin a social movement to gain attention from the policy makers themselves, in addition to the general public.