criminalization of women's bodies

prostitution / sex work

'oldest profession in the world'.

One of the most divisive issues in feminism - through oppression, violence, agency, and choice

vulnerability, social identity and sex work

between strong correlations between sex work and - poverty, marginilzation, history of child abuse, drug addiction, victimization.

Sex work in canadian law

Protection of Communities and Exploited persons act prohibits - the purchase of sexual services, communication for the purpose of purchasing sexual services and business profiting from the sale of sexual services.

but it does not prohibit the sale of sexual services (except communicating for the purpose of selling sexual services in public areas near school grounds, playgrounds or day care centeres).

can be 5 or 10 years for the buyer, esp if the person is a minor

sexual domination argument

• ideal that all prostitution is oppression against women, an act of violence against women, and primary cause of trafficking. The solution is to abolish it

sex work argument

prostitution is work and a choice / an act of sexual self determination.

Solutions - 1. abolish of forced prostitution

2. right and improved work conditions

state v. johnson 1989

23 year old jennifer johnson is charged with 'delivering controlled substance to a minor '.

The prosecution argued that johnson passed cocaine to her newborn in the 60 seconds between the birth and the moment the umbilical cord was cut.

how do states control and criminalize womens bodies?

sex work, slavery, mass sterilization, indecent exposure, marriage

Criminalization of pregnant drug addicts

women can be charged with - distribution of drugs to a minor, child abuse and neglect, criminally negligent homicide, manslaughter and assault with deadly weapon.

consequences of criminalization of pregnant drug addicts

permanent / temp removal of the baby, compelled medical treatment, restrictions on abortion, increased supervision and control during pregnancy,

'protective incarceration ' - separates vulnerable inmates from the general population to protect them from harm

why are poor, black mothers disproportionately targeted?

1. focus on crack cocaine - crack is popular among inner city women,

2. 2. government supervision - poor women are in closer contact with government agencies.

3. 3. testing - only hospitals serving poor minorities implemented testing, no formal testing procedure, failure to obtain pre-nantal care triggers testing

4. 4. reporting - public hospitals are more likely to report, healthcare professionals more likely to report

5. 5. cultural beliefs - socieities image of the ideal mother makes the prosecution of poor black women more acceptable, and the historical devaluation of poor black women

what is the purpose of criminalizing pregnant drug addicts?

it serves to - 1. degrade women who society views as undeserving to be mothers

2. discourage them from having children

3. legitimize fetal rights enforcement

4. divert public attention from poverty, racism, and lacking health services.

decriminalizing womens bodies

to have more individual rights / autonomy, equal access to services, access to 'respectable mother hood' and right to raise children to adulthood