Research: Why men use prostitutes
guardian.co.uk
guardian.co.uk
This sort of law, what I believe is called "strict liability" in England is horribly unfair. I understand why ignorance of the law cannot be a defense to a crime, but ignorance of fact should always be. In certain situations, it may be reasonable to require that the person make a reasonable attempt to check the facts, but there's only so much a person can do.
Much of this is possible because perpetrators have the easy out of saying that 'they didn't know.'
In general, I think that you're right, but there's a loophole here damaging enough that it might merit a special case.
Has this been confirmed by other sources? Any URLs or studies you could point to?
Secondly, I've been trying to track down the original reference. The Justice department has a page here:
http://www.justice.gov/criminal/ceos/prostitution.html
Listing a reference to a report by Estes et. al. which was located here: http://caster.ssw.upenn.edu/~restes/CSEC.htm
But is now not available. The specific claim is supported to be on page 92.
With strict liability, even examining a seemingly authentic government ID card or passport wouldn't serve as a defense. That's wrong.
Edit: this is an issue of policy and mechanism. The policy of trying to punish those who don't care that they're abusing very young or enslaved girls is a good one. The mechanism of strict liability is extremely flawed, and the precedent of having any strict liability laws on the book opens the door for less clearly black and white policies to be applied using that mechanism.
In Canada, if I don't clear the ice on my side of the sidewalk, and someone slips and gets hurt, I am liable. As a result, people clear their sidewalks.
If one is engaged in soliciting prostitution, which is already illegal, one should accept and avoid the risks that they are participating in something highly unethical. Those who won't should at the least be forced to avoid doing something highly illegal. People already do this. Bar Bouncers. Medical Doctors. Military Officers. Public Officials. Heads of Public Companies.
It is a philosophical argument, but I just don't buy the idea that we are responsible only for what we know about, only what we intend, only for the consequences of our actions that we do anticipate. I believe we're responsible for the consequences of all of our actions, whether we like it or not. And, legally, I think that there's much potential value in stating that, if you engage in an activity that risks creating or perpetuating serious harm, then it up to you to make sure that you aren't.
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As a related matter, have you heard of the Seven Dwarves of Big Tobacco?
http://www.youtube.com/watch?v=jQUNk5meJHs
And the testimony of Jeffrey Wigand
It's unclear how that's relevant if the woman in question is 20+. After all, it's quite possible that she didn't become a prostitute until she was 18+.
The fact that early teen prostitution is a bad thing. does not imply that every possible response is a good idea.
In fact, bringing it up looks like an attempt to bully the conversation.
If your argument is that someone could have, consciously and without any coercion, decided to engage in sex work, then yes, it is possible, it is not even necessarily wrong. But to turn a blind eye to the situation because it might not be harmful in every case, where there is ample evidence that it is very harmful in many or most cases, strikes me as more hopeful ignorance than rational policy.
[1] http://www.eaves4women.co.uk/Documents/Recent_Reports/Men%20... [2] http://www.eaves4women.co.uk/