The Two P's of Gender Inequality: Prostitution and Polygamy – How the Laws Against Both Are Underenforced to Protect Men and Subjugate Women

By MARCI A. HAMILTON

http://writ.news.findlaw.com/hamilton/20090709.html

Last week, the Dean of Villanova University School of Law, Mark Sargent, tendered his letter of resignation, and the University accepted it. He will not be returning even as a faculty member. According to a number of Philadelphia news sources, a Pennsylvania State Police report states that Sargent was a customer at a brothel when it was raided last November. The owner of the home where the brothel operated was sentenced to 5 to 23 months in jail. Sargent, however, was not charged, apparently because he cooperated with the authorities. Former New York Governor Eliot Spitzer experienced the same fate when it was publicly disclosed that he had frequented a high-priced call-girl ring, spending approximately $80,000. He lost his public job, but he was not charged with any crime.

It appears that those who administer our justice system believe that when a successful man has lost his job because his liaisons with prostitutes became public knowledge, he has suffered enough. Even though what Sargent and Spitzer were doing was illegal, and even though both played prominent roles in the world of the law (with Spitzer even backing an anti-prostitution statute), they were not even given a slap on the wrist. Just a walk.

These men, though, are absolutely essential to make the prostitution system flourish. Without them, prostitution operations would go the way of all businesses that fail to attract paying customers. Conversely, letting these men in high legal positions avoid legal consequences furthers the business. When prosecutors do not charge prominent men like Sargent and Spitzer they are wasting a valuable opportunity to hurt the business of prostitution and to deter the next takers.

The Argument for Charging Prostitutes' Customers with Crimes: The Inherent Harm to Women

As Melissa Farley and Norma Ramos wrote for Newsweek.com on November 10, 2008, prostitutes'; customers "buy and sell women for sex. . . . [and there is] growing evidence that prostitution is emotionally and physically harmful to those used in it." Prosecutorial decisions not to charge "johns" contribute to the degradation and commodification of women and girls.

According to Farley and Ramos, there are volumes of evidence that prostitution arises out of adverse social conditions such as being sexually abused in childhood, poverty, racism, lack of educational and economic opportunities, disability, and a culture that increasingly commodifies girls." In other words, these careers are not about choice, but rather about enduring, and attempting to survive, difficult beginnings and coercive environments.

The argument against charging the male customers appears to be that they have been through enough.

For the prosecutors in these cases, the focus is on the "suffering" of the prominent men who are caught, and whose successful careers crash and burn. Their needs are placed above society's need to stop this cycle of vile treatment of girls and women. Surely, the latter is more socially valuable.

Favoring Privileged Men Over Underprivileged Women in Both Prostitution and Polygamy Cases

For those women who grew up during the 1970s and saw a brighter horizon for women than had ever existed before, these developments should be troubling. Top-level decisions are still being driven by an overly-solicitous concern for protecting men, at the expense of the women and girls involved. When placed in the balance, the men's careers and beliefs are seen to weigh far more heavily than even the women's basic well-being.

The same sort of calculus sheds light on the embarrassingly low number of prosecutions in the United States of polygamists, especially the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), whose practices are well-known. These are inherently unequal relationships – one man is involved with multiple women. It is a gender inequality issue first and foremost.

In recent years, only Texas has indicted more than one religious polygamist at a time, and states where their population is large, like Arizona and Utah, give a pass to religious polygamists all the time. The (typically male) prosecutors weigh the interests of the men in their "religious" practices far more heavily than the interests of the girls who are repeatedly subjected to statutory rape and the women who are trapped in an aggressively coercive patriarchal universe. (They also value their own political careers more dearly than protecting the women and girls trapped in the FLDS system.)

The Core Evil of Prostitution and Polygamy: the Fundamental Lack of Gender Equality

The prosecutors who decline to proceed in both prostitution and polygamy cases also paper over the core constitutional and social evil in both prostitution and polygamy – the fundamental lack of equality between the genders.

In prostitution, the woman is nothing more than an item to be bought and sold. The man controls both the financial transaction and the choice of physical act. His "manliness" is reinforced while her humanity is reduced to being a source of personless pleasure.

In polygamy, also not a victimless crime, the practice is built on the subjugation of women to the men';s needs and demands. Moreover, for many of the religious polygamists, the women are nothing but the means to a particular doctrinal end – creating more children to increase the man's odds of getting into heaven. Again, the men control the finances and the women are commodities, carrying out the sexual goals of the men. There can be no gender equality in this scenario, which is incapable of being squared with any viable theory of women's rights.

Infamous FLDS polygamist Winston Blackmore is currently on trial in Canada for violating the laws against polygamy. His lawyer has put together a clever, if sickening, strategy of arguing that poor Winston has been the target of prosecution "shopping." In other words, Blackmore himself is supposedly the real victim here. When one ties that theme to the FLDS's public relations cry of "religious persecution," one almost expects Blackmore to walk out of court one day, singing, "Why's everybody always pickin' on me?"

It is an intoxicating cultural combination constructed to suppress the fact of the second-class status of women. The Sargent and Spitzer universe is hardly different. Whether the man's motivation is physical, spiritual, or both, the law is being applied to prostitution and polygamy to perpetuate the entrenched preference for men's welfare over women's well-being. The way in which the law is being pursued in these arenas shows that the subjugation of women in favor of powerful men is not a pale memory from the past. To the contrary, male chauvinism continues to thrive and drive prosecutorial results.

Women will not be the equal of men in the western world before this insidious and cynical approach to the law of prostitution and polygamy ends.

This fine analysis came through the Dignity listserve. Marci Hamilton, a FindLaw columnist, is the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law and author of Justice Denied: What America Must Do to Protect Its Children (Cambridge 2008). A review of Justice Denied appeared on this site on June 25, 2008. Her previous book is God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), now available in paperback.


2 Comments:

Blogger Greenconsciousness said...

To me, the victim approach and the perp approach are two opposites, neither of which goes to the roots of the problem which is class inequities and child abuse.

Prostitution will end when children are removed from abusive, parents, said parents are sterilized and those children are raised in children's villages.

Children's Villages have the goal of producing adults who are able to function in high paying employment or who are able to function as part of a team in entrepreneurial co-operatives.

Let abolitionists get the money to fund children's villages with round the clock therapy and education and economic development projects which employ the children while teaching them to manage money. Remove children from polygamous sects and repressive gender discriminatory abusive homes.

At the same time allow the parents to choose rehabilitative services while employed in decent work in trailer villages of their own.

When abolitionists in well paid positions get off their moral high horse and find out what it is actually like to live on the minimum wage we will all be better off.

Right now they preach about the dignity of working at McDonald's oblivious to the reality that women have to supplement that income with male handouts -- it is one step removed from prostitution.

When I told this to an abolitionist she said, so go live with someone, as if these women should degrade their lives her way instead of their way.

As long as abolitionist try to force women just like the pimps force women there will be prostitution.

The answer is better economic choices, the creation of a parental obligation to raise children in non stressed environments that promote learning skills and intellectual development and most of all, prostitution will end when the law and society enforce a strict intolerance of child abuse. No religious exceptions!

11:46 AM  
Blogger Greenconsciousness said...

Of course, we will never solve any social problems until we close the borders and start reducing the pain of those inside our borders. Then, through foreign aid projects, we can demand and assist other governments to take care of their own problems instead of exporting them to the US.

Overpopulation will destroy democracy first, and then the earth. Limiting population is good for people but bad for corporations. Since corporations own the government and media we are bombarded with lies appealing to emotion which serve corporate ends of cheap labor.

Until the people wise up, understand their class interests and unite, there is no hope. But the immigrant flood has reached critical mass here as it has in Europe. Sharia Courts exist in England with full power of law.

I watch as the debauchery becomes wide spread as some pandemic and no controls applied. Women, the working class are lost in the US.

Punitive sanctions have filled our prisons with marijuana smokers, the poor and now the desperate seek to add those who buy sex. What fool thinks this is the real answer for suffering? What fool thinks pulling a blanket over termites will stop them?

I understand why women are trapped into proposing these solutions but without a corresponding demands that address the real source of the problem their efforts are futile and will just add to everyone's pain while helping only the careers of those who propose the sanctions. This self serving rescue mentality has been self perpetuating too long. Thinking people, especially feminists, must get beyond the victim/perp mentality.

9:37 AM  

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