Private and public sex, and prostitution

A thoughtful op-ed in the NY Times asks just what is prostitution, and how do we distinguish various kinds of private (as opposed to public) sexual behavior?
When Prostitution Is Nobody’s Business
By LAURIE SHRAGE

"But where, exactly, is the border between the private exchange of money or gifts and the impersonal profit-making of the market?

"When sexual partners exchange money and gifts between themselves, we generally see this as a private exchange. However, what do we do if a person has several sexual partners, and regularly receives money and gifts from each of them? Traditionally, a woman who had more than one sex partner from whom she received various forms of material support was likely to have been regarded as a “public woman,” that is, a prostitute, whore or sex worker. Although there has been significant social tolerance historically for men who have and support multiple mistresses, moral disapprobation for women who have multiple lovers has resulted in laws in which women who have several sex partners from whom they accept gifts can face arrest for prostitution.

"Having multiple, casual or ongoing partners from whom one receives monetary support is not the same as running a brothel, or setting up a home business that advertises publicly and accepts customers based on their ability to pay. Yet the line between these kinds of activities may be hard, at times, to make out. For example, should a person who is, say, polyamorous, and has multiple lovers who economically support her, have a right to physical, informational and decisional privacy in regards to her sex life?

Critique of the "Swedish model" for sex work laws

The New Republic published an interesting critique: The Problem With the "Swedish Model" for Sex Work Laws

"Sweden’s landmark 1999 sex work legislation—presented as decriminalizing the seller of sex while criminalizing the client—is aggressively marketed as a “progressive solution” to prostitution internationally. Versions of the “Swedish model” have been implemented in Norway, Iceland, and Canada, and last week a version was adopted in Northern Ireland. The intention, we’re told, is to “reduce demand” for paid sex: shrinking, then ultimately abolishing, the sex trade.

"It’s too bad that the reality of the law is not so simple, nor so uncomplicatedly progressive.
...
"For street-based sex workers, a potential client driving past will be nervous and keen to agree to terms speedily if his role is criminalized, and to keep his business the sex worker has far less time to make crucial assessments about whether he seems safe. Research into anti-client laws around Vancouver street-based sex work found that, “without the opportunity to screen clients or safely negotiate the terms of sexual services … sex workers face increased risks of violence, abuse, and HIV.” The Norwegian government writes about its own law: “Women in the street market report [having] a weaker bargaining position and more safety concerns now than before the law was introduced.”

"While sex workers are not prosecuted simply for selling sex under the Swedish model, various laws continue to be used against them in punitive ways. “Operation Homeless,” the memorably-named Norwegian police initiative, evicted people suspected of selling sex—a law aimed at “pimps,” but used against sex workers’ landlords.

"When the Norwegian Police were pursuing “Operation Homeless,” they used surveillance to find targets for eviction—but they also evicted sex workers who came to their attention in other ways. A group of sex working Nigerian women were evicted—and left homeless—after reporting that they had been the victims of rape, a situation that illuminates the comment by the Norwegian government that “the threshold for reporting a violent customer to the police also seems to be higher after the law. People in prostitution are afraid that such actions will come back to [haunt] them at later stages.” Sex workers—including people with EU residency—are aggressively deported, and their deportation orders include commentary like: “She has not maintained herself in an honest manner.” 

Elias, Lacetera and Macis on the repugnance of paying for organs or prostitution: a survey experiment

Markets and Morals: An Experimental Survey Study
Julio J. Elias , Nicola Lacetera , Mario Macis

PLOS One. Published: June 1, 2015DOI: 10.1371/journal.pone.0127069

Abstract: Most societies prohibit some market transactions based on moral concerns, even when the exchanges would benefit the parties involved and would not create negative externalities. A prominent example is given by payments for human organs for transplantation, banned virtually everywhere despite long waiting lists and many deaths of patients who cannot find a donor. Recent research, however, has shown that individuals significantly increase their stated support for a regulated market for human organs when provided with information about the organ shortage and the potential beneficial effects a price mechanism. In this study we focused on payments for human organs and on another “repugnant” transaction, indoor prostitution, to address two questions: (A) Does providing general information on the welfare properties of prices and markets modify attitudes toward repugnant trades? (B) Does additional knowledge on the benefits of a price mechanism in a specific context affect attitudes toward price-based transactions in another context? By answering these questions, we can assess whether eliciting a market-oriented approach may lead to a relaxation of moral opposition to markets, and whether there is a cross-effect of information, in particular for morally controversial activities that, although different, share a reference to the “commercialization” of the human body. Relying on an online survey experiment with 5,324 U.S. residents, we found no effect of general information about market efficiency, consistent with morally controversial markets being accepted only when they are seen as a solution to a specific problem. We also found some cross-effects of information about a transaction on the acceptance of the other; however, the responses were mediated by the gender and (to a lesser extent) religiosity of the respondent—in particular, women exposed to information about legalizing prostitution reduced their stated support for regulated organ payments. We relate these findings to prior research and discuss implications for public policy.