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Sunday, November 15, 2009

Law - "Prostitution Now Outlawed In R.I."

NPR's Weekend Edition this morning had this story by Iam Donnis. It begins:

Until earlier this month, Rhode Island was the only place in the country where prostitution was legal across an entire state — because of an unintended loophole in the law. But the move to close that loophole is fueling concerns that victims of the sex trade are being put at even more risk.

Back in 1980, the Rhode Island General Assembly passed a law meant to speed the prosecution of streetwalkers. But in the process, legislators unwittingly decriminalized prostitution that took place indoors. This loophole didn't attract much notice for years.

Then, in 2003, a court case made it clear that prostitutes were free from prosecution if their sex trade occurred behind closed doors. The result has been a growing number of so-called Asian spas that critics say are thinly veiled brothels.

And it turns out the WSJ had a story Nov. 3 that includes this quote:
State lawmakers inadvertently opened the loophole in 1980 when they passed legislation trying to crack down on prostitutes and their customers creating havoc in the West End of Providence. They adopted a law targeting those who sold sex in public, but it was silent on indoor prostitution. Judges would later rule the change had the effect of legalizing paid sex in private.

That legal gap allowed dozens of suspected brothels to operate in the state's cities and suburbs, including many thinly disguised as Asian spas advertising services such as body rubs and table showers in a weekly newspaper. Until recently, police had struggled to prosecute those involved in the trade.

In 2003, a state judge dismissed charges against prostitutes working just blocks from City Hall. Their lawyer admitted the women offered sex for cash, but he said it didn't matter because indoor prostitution was legal.

A 154-page senior honor paper by Melanie Shapiro of the U. of R.I., titled "Sex Trafficking and Decriminalized Prostitution in Rhode Island" gives the history of the provision, and discusses the court cases. See also this Nov. 3, 2009 release from the Roger Williams School of Law.

Posted by Marcia Oddi on November 15, 2009 12:10 PM
Posted to General Law Related