Nothing astonishes men so much as common sense and plain dealing. – Ralph Waldo Emerson
The Germanic peoples are generally considered very practical, especially in regard to sex. And while those living north of the Baltic Sea seem to have lost their collective minds on the subject, those living near the center of Europe keep demonstrating a great deal more common sense about it than their Anglo-Saxon or Scandinavian cousins. In Germany, for example, prostitution is legal and taxed, but how can a government minimize public complaints about streetwalkers and ensure that they pay their taxes? Americans would respond by exaggerating the problem and dispatching a horde of cops to arrest every woman in sight, but the Germans prefer a more pragmatic approach:
Prostitutes in the German city of Bonn must carry a ticket purchased from a new parking metre-like machine while working the streets or face hefty fines from tax authorities in a scheme launched Monday night. In Germany, ladies of the night pay income tax — the level of which varies from region to region — but compliance is difficult to enforce with women seeking business on the street. Germany’s first “sex tax meters,” from which prostitutes can purchase a ticket for 6 euros…per night, will ensure the tax system is fairly implemented, a city spokeswoman said. “Inspectors will monitor compliance — not every evening but frequently,” the spokeswoman told Reuters. If caught without a valid ticket, offenders will first be reprimanded, then face fines and later even a ban. About 200 prostitutes work in Bonn. Due to protests from residents, city officials have limited the areas of operation to specific quarters. But critics say this has made it easier for prostitutes to ply their trade. The city has erected what officials call “consummation areas,” wooden parking garages where customers driving cars can retreat to with prostitutes.
Even in Germany there are plenty of silly people who make absurd statements like “this has made it easier for prostitutes to ply their trade”, as though the purpose of government was to make it more difficult for workers to do their jobs; anyone who believes that would probably be happier in the U.S. Also note that the British reporter insists on using “prostitute” interchangeably with “streetwalker”, a mistake the German authorities clearly don’t make. And then there are the Swiss, who appear to clearly understand what most North Americans can’t seem to grasp at all: that criminalization and marginalization create most of the danger in prostitution, and that it’s much safer when treated as a job like any other:
A study by a Swiss social worker suggests prostitution is safer for sex workers and customers when it is treated as a profession. Eva Buschi, a professor at the School of Social Work of the University of Applied Sciences Northwestern Switzerland, said her research found the country’s lack of regulation was a major problem for both sex workers and the sex establishments. “In other businesses workers get contracts, in which the tasks to be performed, the price and how long they should take are clearly laid down. In the sex business today this is mostly not the case,” she told Swissinfo.ch. The study suggests proper working conditions would help prevent violence by customers. Swissinfo.ch said new requirements for brothels in the Swiss city of Nidau could be a model for the rest of the country. Brothel managers in Nidau are required to guarantee that the women are declared as sex workers and that they are in the country legally. They must also provide the women with information leaflets in their own languages about their rights and their duty to declare their earnings for taxes.
Though decriminalization is much better for sex workers than legalization, a reasonable form of legalization is vastly preferable to criminalization. Most Germanic people seem to understand this; too bad Americans don’t.
One Year Ago Today
“He or She” is a column-length answer to a reader who asked, “How can you tell a transsexual from a real woman?”
As someone who actually grew up on the Continent and the UK (and also a short spell in the USA), I can confirm that you are spot-on about the inability of the average American to appreciate decriminalisation in this department of society.
Actually, I don’t blame the average American for taking a hard line against prostitution, mainly because the authorities never seemed to have explained the ins and outs of the situation truthfully and effectually to the general public. Too much vested interest in using prostitutes to build careers, I’d say.
The things done by the Swiss and Germans are not exactly new or recent – it’s been going on in some form or another since I was there in the 1970s and 80s.
And the Swiss treating prostitution as a profession is exactly the same attitude taken by the Taiwanese and Japanese on nuclear power (despite Fukushima) – treating it as a science and power utility rather than a political thing. That’s why the Taiwanese and Japanese have the best safety record in nuclear power.
If people in prostitution aren’t doing it for a living, then what the hell are they doing it for? Ergo, it HAS TO BE a profession. Treating it as a profession basically goes some way to removing some of the more dangerous and criminal elements from it. It makes for more effective law enforcement and (relatively) better cost-effectiveness in crime prevention. Crime prevention is hard enough without having to screw around (if you forgive the pun) with prostitutes – who, I should remind people based on my legal training, are excellent sources of intelligence against terrorism and human trafficking.
One would have thought the USA, with its experience of the criminality arising during Prohibition, should’ve understood this better than anyplace else. Alas, alas…
Just my twopence worth.
Though decriminalization is much better for sex workers than legalization
Shouldn’t that be the other way around? I would presume full legalization would be better than decriminalization for sex workers. Or perhaps I’m misunderstanding your use of the words? I take legalization to mean that prostitution would be explicitly legal and treated like any other profession, while ‘decriminalization’ would mean prostitution is still illegal, but prostitutes are not treated as criminals.
Do you mean the words ‘legalization’ and ‘decriminalization’ differently, or do you actually think what I described as ‘decriminalization’ is the preferable state?
Hi, Dustin! The way the terms are used in reference to prostitution is often confusing to those who are used to discussing drug legalization, because they’re used in an opposite manner. “Decriminalization” refers to removing criminal penalties and doing nothing else; a woman’s sexual arrangements are considered her private business whether money is exchanged or not and only established businesses such as brothels and escort services are covered by the same sort of laws which cover other businesses. Simply put, decriminalization recognizes prostitution as part of the natural spectrum of female behavior.
“Legalization”, on the other hand, places prostitutes into a special legal classification with its own rules that may include registration (with real names in a public database), compulsory health checks from government officials, licenses, limitations on where or how a woman can work, whom she can work with, associate with or hire, whom she can talk to and other factors, up to and including making it illegal for her to marry or support relatives. Though sensible legalization regimes aren’t too bad, extreme ones such as those in Canada, the U.K. and India make it difficult or impossible for anyone to work legally.
Ah, thanks for the clarification, that makes sense.
Switzerland is about as good as it currently gets (police arbitrariness or even violence seems to be pretty rare compared to Germany and Austria), but also here there is still much to do. Even though Prostitution is protected by the constitution under the right of economical freedom, we still can’t legally enforce payment for our service. In practice this obviously isn’t very important as prostitutes usually demand the payment beforehand, but it still sends a message that we aren’t equally protected as legal subjects and can be disrespected. One juristiction is currently discussing to change that, I wrote an article about it today.
Sina, are you in Switzerland?
Yes
Hi Maggie….
I guess you have seen this one today. But just in case not.
http://www.dailymail.co.uk/news/article-2039763/Prostitute-Christina-Vavra-duped-police-officer-using-rubber-penis.html
Hi Maggie.
Well I live in Germany and there are brothels all over the place. The ONLY place I have seen street walkers was at the Reeperbahn…I went along to have a look one night.
The large FKK clubs are apparently well patronised by men as well. Places like this look pretty good. http://www.sakura-fkk.com/
The Sakura is said to be the best FKK in Southern Germany. The online forums where these things are discussed rate these kinds of places pretty highly I am told. I don’t read German well enough to know myself.
I have often thought that the good treatment men get from women in Germany is partly because of brothels and places like the FKKs.
And you will find this funny. It turns out I live about 200 meters from the local red light district. You cant notice it unless someone tells you. My mate and I were out for dinner and he got the munchies at closing time. 1am. So we went a different way back to my place to get some durners. When I mentioned I was surprised there were a few people about in that spot he told me it was the red light district. Couldn’t have been more than 20 people sitting around having a few beers in the street.! LOL!!
The FKK’s are supposed to be AMAZING. Women from all over the world – sometimes up to 100 women there a night. I’ve never been in one but have friends who have. It’s usually around 50 Euros entry fee and in some of the big ones you can stay from 10am to 5am the next morning. Meals free, non-alcoholic drinks free. Some have huge outdoor gardens with pools, saunas … really incredible.
The girls working there collectively decide the services that will be offered and the prices charged. But, in fact – they really don’t “work” there – since they have to pay the 50 Euro entrance fee just as the men. But they can usually make that back double in one 30 minute session.
This is actually wrong, at least in the Frankfurt Area, the girls will get into the clubs for free and/or even be hired by the clubs to attract customers.
The FKKclubs are a big step up from most brothels, but Escorts are the only thing I can enjoy… I don’t feel like meeting a prostitute in semi public.
I actually think: The way it’s handled here in germany is sensible. It’s legal, they pay taxes – and that’s it.
Streetwalkers are a rare sight though.
Berlin, Frankfurt and Munich have plenty of streetwalkers. Of course, I found out about it the hard way (by pointing and staring at them until my hosts told me that I was being rude. Once, I was told that I was a “the hater” by this Kolsch-swilling layabout from potsdam, good times, good times…)
Uhm … well the girls who work OASE in Frankfurt pay the 50 Euro entry fee.
And as far as meeting a prostitute in “semi-public”, well the guys who go there are kind of into that kind of thing. In fact, I’ve heard stories of “wild kingdom” breaking out in the public areas of the FKK on Friday nights when all the private rooms are full.
While I don’t blame prostitutes for preferring decriminalization over legalization (who wouldn’t want to have it both ways?), I suspect that legalization is what will happen. The general public will tend to feel that if you aren’t arrested or fined for something, then it’s legal, right? And if every other business has to follow rules…
When prostitutes and their clients are able to be more open and needn’t fear law enforcement, they’ll make a hell of a lobby and can insure that regulations are not too onerous for workers or customers.
It’s not “having it both ways”, unless dating is “having it both ways”. If prostitution needs to be governed by special laws, so should amateur sports. After all, professional sports is big business so obviously guys who want to bicycle, play softball and go skiing “want it both ways”.
I agree. The only requirement should be that she follow the same tax laws as everyone else.
I didn’t say anything about “special” laws.
The word “amateur” rather implies that he’s not making money off of it. Also, the sporting bodies not only have their own rules, but the stadium has to be built THIS way and the helmets have to meet THAT standard, etc.
Anyhoo, I was just giving my guess as to what’s most likely, and leaving the question of what’s best for another time.
So do they need a food service license to sell candy at the concession stand, or for a vendor to sell peanuts from a tray? Because that’s what you’re talking about here. I don’t own an escort service any more, and I don’t have an ad, but if my husband gave permission and I were so inclined, I could offer a man sex for money tomorrow and I’d be committing a CRIME under a legalization regime. However, if I offered the same man sex for free WITHOUT A CONDOM it’s 100% legal, and if I offered to clean his house for money I wouldn’t need any special permits. So yes, you ARE talking about special laws whether you realize it or not. Any law which specifies that an individual prostitute be treated differently from a gold-digger is a special law, and morally indefensible because she’s being penalized for honesty.
Yeah I’m with you on this one, Maggie … although I’m sure in some cities vendor selling peanuts from a try probably has to deal with some regulation and licensing (it wouldn’t surprise me!)
Some things should remain free of regulations – and taxes imo. I’ve never been able to grasp the concept of government taking it’s “share” each time money changes hands.
But I didn’t SAY that. I just said that I thought a legalization regime was more likely than a decriminalization regime. That’s all I said.
Oh, I agree with you; in the modern United States everything has to be licensed and micromanaged down to the toys in Happy Meals and the size of signs shoe-shine boys can have, so there’s no way whores will escape the bureaucracy. Which means 70% of them will still continue to operate illegally, just like in Nevada, and the problems of criminalization won’t be solved until the revolution comes.
Hi Maggie,
I`ve been following and enjoying your blog for quite a while. I live in Germany (am German in fact) and found you because I was searching the net for information and opinions on prostitution, namely the Nordic Model. I am writing a book about the feminist attitudes towards sexuality and especially male sexuality and how anti-sex and anti-men they really are (and boy, they are!) Anyway, as you can imageine, feminists in Germany are really unhappy about the situtation regarding prostitution here, and they campaign for the Nordic Model. Especially this one woman, Alice Schwarzer, who is probably the most well-known and influential feminist in Germany (she publishes a magazine called EMMA). And while I enjoy reading this magazine and in many respects think very highly of Ms Schwarzer, her (and other feminists`attitude towards prostitution (and pornography, for that matter) just blows my mind. How can one morally and legally treat women like children who don`t know what they`re doing and thus cannot be held responsible for their decisions and call that FEMINIST?! The most bizarre thing is: feminists use the term “Human dignity” to justify the Nordic Model with regard to prostitution. Funny how the catholic church uses the same justification for it`s opposition against both contraception and premarital sex: both turn the woman into a mere sex object for men, the Church argues, and therefore violate the woman`s human dignity. Now, if feminists feel perfectly entitled to define what does and doesn`t violate someone`s human dignity without consideration for what the individual him- or herself actually would have to say about that, how could they ever be opposed to a policy based on the catholic view (imagine for example a state that forbids contraception and/or premarital sex on the grounds that this is necessary to protect the woman`s dignity. They could even adopt a Swedish-style approach and argue that no woman could ever voluntarily decide not to become a mother, or to have her sexual “purity” destroyed by consenting to premarital sex, and so only the men would be punished, but not the women). How could any feminist then oppose such a policy without having her head explode due to her own big fat hypocrisy?!
Hi, Nicole! The problem with religions (and neofeminism is one; it may not have a god but it sure has a devil) is that they’re able to rationalize self-contradictory positions in their heads quite easily. You or I can’t understand how they can do this because we’re operating rationally, but if one discards reason it doesn’t matter how little sense one’s positions make. In the United States, for example, most of those who oppose abortion rights claim that they do so because “all life is sacred”…yet they support capital punishment. And as you can probably guess, most who oppose capital punishment using the same exact excuse are in favor of totally unrestricted abortion. These people don’t think; they just believe what their superiors tell them to believe and chant whatever slogans they’re told to chant, then happily march off to their crusades or jihads as though the Age of Reason had never happened and science had never been invented.
Oh good grief. Sorry to pick on you Nicole but WHY? Why yet another feminist POV book regarding their attitudes. We KNOW their attitudes for the most part. They publish studies, they have web pages, they spout their crap in public places and online forums. Hell there are feminist textbooks for college women’s studies and I can go down to the local bookstore and probably find half a dozen. Write the book from a pro angle. Ask prostitutes (the majority who are internet escorts, not the minority who are sitting in jail for dealing drugs and doing blowjobs to pay for their high) how we feel about sexuality and male sexuality and how pro sex and pro men we are. Ask us what our views are about how we are being “exploited” and lacking in human dignity or self esteem.
Sorry. Off my little rant now. Love ya!
Hi Brandy,
that’s actually exactly what I intend to do (write from a pro angle, talk to prostitutes and pornographers, get their voices). I also want to deconstruct “feminist” arguments regarding sex work to show that they are actually anti-sex at the core, not concerned for the wellbeing of women. Sorry if it did come across the other way. I can understand how frustrated you must be with constantly being told what`s wrong with you by outsiders.
My bad! I did misunderstand 🙂
Thank you for the title. When I hear people use the term “common sense” I cringe. Common sense is just that, common. It tends to be what “everyone else” is thinking without giving any thought to the issue.
“Uncommon sense” in my view is actually researching topics and thinking about them.
Common sense may not be useful in dealing with an uncommon situation.
I don’t think we’ll see decriminalization in the USA anytime soon because prostitution is too useful to politicians, and too lucrative for cops.
Also, we have a huge percentage of the population still caught up in believing in superstition.
Anglo-Saxon people are Germanic. In fact the Angles and the Saxons were Germanic. The English are classed as a Germanic people.
Yes, exactly; hence the phrase “Anglo-Saxon or Scandinavian cousins”. That’s exactly why I specified “those living near the center of Europe” to differentiate them from Germanic peoples living elsewhere.