Laws provide against injury from others; but not from ourselves. – Thomas Jefferson
Short articles about laws, laws and more laws, none of which accomplish anything productive.
Because Everyone Knows That Laws Deter Streetwalkers
If I live to be a thousand I will never understand why lawheads believe that more laws will stop people who are already breaking existing laws; they seem wedded to the concept that if we only increase the penalties enough, the offending behavior will stop. Of course, this is nonsense; most criminologists agree that increasing the severity of a criminal penalty has no demonstrable deterrent value. For example, despite penalties which are wildly and insanely out of proportion to the offense, drug use has increased over the 40 years of the drug war just as alcohol use increased during Prohibition. Even the death penalty has no demonstrable deterrent value (except to the individual executed, obviously). Yet lawheads just keep making new laws and then demanding that cops enforce them and courts incarcerate an ever-increasing number of American citizens. Here’s the latest example, courtesy of the New York Daily News of July 27th:
Harsher penalties for selling sex near school grounds are now in place…State Sen. Ruben Diaz Sr. first proposed the bill that will now slap pimps, prostitutes and johns caught plying their illicit trade within 1,000 feet of a school with automatic felony charges. “I’m happy,” Diaz said yesterday. “I think that this is a big step in protecting our children.” Years of unchecked prostitution in the playground of…the West Farms School…led to the legislation, which is now in effect for schools statewide…
In recent weeks, The Urban Justice Center had urged [Governor] Cuomo to veto the bill in an online petition…”In the modern era, most sex workers who work on the street are engaged in sex work out of desperate need. They face widespread physical and sexual violence, especially from the police,” the petition stated… Meanwhile, Diaz is calling on the NYPD to make sure the law is enforced. “You could have as many laws as you want, but if the police do not enforce them, the law becomes nothing,” he said.
This is a textbook example of governmental sledgehammer-enabled egg-breaking. Somehow there will be enough cops to enforce this statewide, even though there weren’t enough of them to keep an eye on ONE PLAYGROUND in the Bronx. Let’s put ‘em all in jail! That’ll learn them dirty whores, pimps and “johns”…which according to Melissa Farley means the majority of the population of New York.
Dirty Amateurs
Those damned dirty amateurs are at it again, having unprotected sex and spreading diseases to their unsuspecting spouses. Why isn’t there a law against this? We need to abolish unpaid sex; it’s demeaning to women and as this paraphrased July 26th anecdote incontrovertibly proves, men hate women who give them sex for free and give them diseases on purpose as a way of inflicting violence. It’s true, I saw a study which proves it and anyone who denies it must be a misogynist too.
A 33-year-old married woman from Delavan, Wisconsin has sued her 35-year-old married lover on the grounds that he infected her with herpes during an unprotected adulterous sexual encounter in January of 2010; she contends that he knew he was infected and is therefore liable under Wisconsin law. In May of this year she insisted police arrest the man, and when they declined to do so she filed the lawsuit without the help of an attorney; the suit demands $350,000 from the man’s auto and homeowners insurance, the former presumably on the grounds that the sexual encounter took place in his pickup truck.
The man denies giving the woman herpes and suggests she check with her other partners, but she claims he was the only man she cheated on her husband with. She claims to have experienced panic attacks while driving with her spouse and children, and that her spouse is reluctant to have normal sexual relations because of her diagnosis.
I’m sure her husband’s reluctance to have sex with her has nothing at all to do with the fact that she cheated on him and was caught red…umm, handed.
Selective Blindness
Die-hard partisans are most amazing creatures; they can viciously castigate the “other side” for whatever-it-is, while simultaneously ignoring “their side” doing essentially the same thing. Case in point the tiresome feminist bleating about the Republicans’ “war on women” while ignoring the one waged by Democrats. They are enabled to do this by defining knife attacks on amateurs as “aggravated assault” but the same attacks on sex workers as “emergency surgery”. Case in point: Barbara and Shannon Kelley’s July 28th Huffington Post article bemoaning the Republican renewal of the gag rule prohibiting funding to health agencies which give information about abortion, while totally ignoring Obama’s continuation of the Bush Era policy of prohibiting funding to health agencies which refuse to demonize prostitutes:
Surely you have heard that the Republican-controlled House of Representatives has voted to reinstate the Global Gag Rule that prevents any family planning agencies that provide information about abortion service from receiving any U.S. foreign aid. Who gets hurt? Women, children and anyone who believes the conversation about women’s issues needs to move forward. But once again, that conversation has been hijacked by the right-wing strategy to frame deeper issues related to women and families in terms of a women’s right to choose…organizations that receive funds cannot use their own money to provide abortion-related information or services, or advocate for liberalized abortion laws. The rule imposes no similar restrictions on advocacy against such laws…Under the…rule, these organizations face a choice: either participate in the American right’s global campaign to restrict women’s rights and access to reproductive health care or lose critical U.S. funding. That funding is crucial for agencies that cover a number of issues related to healthy women and children…What also gets cut out of the equation when these agencies are defunded is access to contraception…the Guttmacher Institute has found that when abortion becomes illegal, abortions don’t decrease — they just become dangerous. Life-threatening, actually. And what better way to avoid abortions than to provide contraceptive services. No brainer, right? Go figure…But what makes us even more angry is the way the debate on abortion sucks the energy out of the fight for a better world for women and children — here and abroad. Suddenly, regardless of where we stand on a women’s right to choose, we’re in a defensive position…
Funny thing; nearly every methodologically sound study ever done proves that when prostitution becomes illegal, it doesn’t decrease — it just becomes dangerous. Welcome to our world, ladies. Apparently, you don’t think women’s health issues are important when the women choose to make their living providing sexual services to men. We believe the “conversation about women’s issues needs to move forward” as well, and recognizing that “a woman’s right to choose” must include choosing why she has sex (rather than simply how or with whom) is a big part of that. By reducing that broad and powerful phrase to a mere euphemism for the right to abortion, “feminists” of your ilk have not only allowed the enemy within our ranks, but actually invited him in. In furtherance of your narcissistic concerns you either lobbied for the rights of certain women to be restricted or remained silent while others did so, and now you’re crying because the crop which has sprung up is the very one you planted. Unfortunately, it isn’t just you who will be forced to eat it.
Colossus Blinks
In my July 3rd column I reported that internet behemoth Google had censored Irish human rights campaigners “Turn Off the Blue Light” by cancelling their ad under the false excuse that it was an escort ad when in actuality it led to a site opposing imposition of the “Swedish Model” on Ireland. The group protested the removal through approved channels and was of course rebuffed, but when they protested in person at Google headquarters in Dublin an amazing thing happened, as reported in the Independent on August 7th:
A small group of campaigners for…rights for Irish sex workers is claiming a victory against internet giant Google…After their complaint was received Google apparently reviewed the situation and agreed to reinstate the advert last month…Google said…”We permit political advertisements regardless of the political views they represent, and apply our policies equally. Just as the net itself provides space for a thousand political opinions to bloom, Google is committed to being a neutral platform for people to advertise their political messages.”
I reckon a flea in a tender spot can make even an elephant scratch.
One Year Ago Today
My very first miscellanea column, “Legal Sundries” appeared on this date last year; the items covered were the suicide of the “Craigslist Killer”, WWAV’s advocacy for New Orleans prostitutes forced to register as “sex offenders” under the “Crime Against Nature” law, the rationale behind porn being legal despite the fact that it’s paid sex, and men suing women for injuries resulting from cowgirl sex.
HI Maggie,
I found your blog from a comment you left on Balko’s blog and have been enjoying your articles very much.
Whenever I see articles on the “Law”, I’m always reminded of Marc Stevens’ observation that “Laws are an opinion backed by a gun”. If you’ve never read his book, “Adventures in Legal Land” check it out at his website http://marcstevens.net
Welcome to the blog, John! Thanks for that link; I’ll definitely check it out. 🙂
This made me raise an eybrow … “Years of unchecked prostitution in the playground of the West Farms School”
WTF?
Is that like … Prostitution RIGHT INSIDE THE PLAYGROUND?? Like, they actually had hookers and pimps camped out between the sandbox and monkey bars? That is so HARD CORE!! I wish my school had been like that, but all we had was the typically boring playground activities, which were in such disrepair you could lose a finger just attempting to play with them!
Have to share this though … I recently had a “polygraph” exam at my work (I do work for National Security) … anyways, I routinely have these exams … but this time they changed the questions on me. Examiner had a new question … “Have you ever broken any laws for which you weren’t arrested for or charged with a crime?”
Hmmm …
“Yeah”
“Like what laws have you broken?”
So I said … “Can we take a break? I’m sure there’s a very long laundry list of crimes I’ve committed … but it will take me a while to recall them all.”
So I took a break and came back in to explain to the guy all of the laws I’d broken. Like, I ran a red light once when I thought the light was broken because it didn’t change fast enough. Or all the times I was speeding. Or … like a few times I drove for a few days on an expired driver’s license … or expired tag.
He said … “And of course you’ve probably smoked marijuana right?” …
“Uhm, no actually … I probably would have but I’ve always held a job where I had to pee in the bottle every few months.”
I did tell him I was guilty of “sodomy” though. He perked up on that one. “Oral or Anal?” he said. “Both … with my wife. Anal only one time though – and just for long enough for me to realize it’s not my cup of tea.” But I said … “Oral, I can’t count the times”.
“Oh, and there is this old girlfriend I had … we did a lot of things in the bedroom that were against the law – pretty sure, cuz she was a freak … and we had sex in a pineapple field in Hawaii … which was trespassing and probably indecent exposure, and there may have been some sodomy in that one too, if memory serves – not to mention we did it on the beach a lot we when didn’t think anyone was looking – definitely illegal.”
He acted like this was all routine and thanked me for being candid – even though I was ridiculing him by giving him all this information on my “crimes” … I know most people don’t.
And that’s the crying shame of it. We are a nation of lawbreakers – and we’re trained to ignore the laws we’ve broken because they are STUPID laws. This however, doesn’t elevate our respect for the law though – quite the contrary, it damages our respect for it. Get those laws off the books!
Krulac,
This reminds me of the scene from Heinlein’s The Moon is a Harsh Mistress where the protagonist is asked, in a life or death moment, if he had any sins to confess. He says, no, but then, on second thought, recounts a few “that he cherished.”
Quite honestly, I’m surprised that playgrounds are still around since there’s such fear of children getting so much as a skinned knee.
And, I swear, there needs to be a book called, “The Art of Having an Affair”, Chapter 1: Always wear a condom.
The problem with that, of course, is that A) the majority of women having affairs think they’re in loooooooooooooooove; and B) they also think only “bad girls” use condoms and they aren’t “bad” because of A.
Which is why we keep telling guys it’s both safer and more moral to fool around with a hooker than to have an affair.
Too right you are! I’m recalling a conversation with a married woman who wanted to have an affair (of course, only based in wuv) and said something to the effect of no need for condoms because apparently love is an anti-viral.
“Bareback Happens”. 😛
Well … another issue is …
In an affair … each party is afraid to insist on a condom – for fear they might be viewed as “hiding” a disease … or not trusting in the other partner.
By the time you’re in bed … you’ve each told each other that … “I’ve been with my wife / husband for ‘x’ number of years and never cheated.” So, to most people – they think that means they’re “clean”. If someone insists on a condom at that point … then it can be mistaken as a sign they’re lying about their sexual history – or don’t believe the other partner about theirs.
And then … sometimes you just get carried away.
Thanks for making my point, Krulac! Whores don’t get “carried away”, don’t pretend we’re magically protected from disease, don’t ask anyone else to accept the absurd proposition that everyone who’s ever been with anyone who’s ever been with anyone who’s ever been with anyone who’s ever been with anyone we’ve been with is disease free, are PAID to lie about sex and don’t give a damn if our partners are “offended” by our insistence on protection.
Which is exactly why the rate of STDs in promiscuous amateurs is up to 160x that in escorts.
Oh my dear … you are spot on!
If there is a sexual problem in your marriage, or if you’re just a guy who needs variety – professionals are the only way to go. Not only is there less chance of contracting an STI, there’s less (almost zero) chance of falling in “love” or having your hooker girlfriend dial up your wife in the middle of the night to spill the beans on you!
I mean, I don’t like it … being wired to separate sex and love – like men are. I could be with a hundred women – but I don’t think I’d fall in love with them like I have with my wife. Do you think it’s possible that “extra-curricular” sex can make you a better husband?
I have heard many, many clients say that they feel their extracurricular activity makes them much better husbands, and I totally believe it.
The truth is people can have sex only friendships and NOT have that be an affair. There are women who do this and set limits on who they’ll meet to begin with. I did this for a number of years. Within my relationship, I always have the option to do this again or NOT. There are non-whore women who don’t have limits on who they’ll meet. But, there’s also at least a few who DO set limits. Speaking of condoms, I never met anyone who gave me a hard time about them (I’m very thankful for this). There was never any objection to using them. I also paid all the costs for the condoms and never forgot to bring them on the few times I had sex away from home.
Dear Maggie, is the 1st paragraph of “Dirty Amateurs” you being sarcastic to make points?
Not just sarcastic, but extremely sarcastic! 😉
State Sen. Ruben Diaz Sr. isn’t necessarily a typical sleazoid political hack who trumpets his commitment to “family values” (he doesn’t say which family; the Borgias, or perhaps the House of Atreus come to mind) but doing something “for the kids” is a good indication that he is.
Reading your site, clicking through your links, enjoying every word.
And then, after pourning scorn on neofeminists, there is “Castrating Bitch Girl”
What were you thinking??
Did you read the whole thing? It isn’t what it at first seems. 😉
Thank you for zeroing in on my biggest complaint against Barack Obama: the failure to speak the words and take the actions to utterly repudiate the Bush era. Torture doesn’t get prosecuted, and anti-hooker policies remain in effect.
And why? To show how “reasonable” he can be? We can see how much that’s appreciated by the presumptive beneficiaries. Because he’s scared shitless of being labeled “a liberal?” Guess what, Mr. President? You ARE being labeled a liberal, no matter what you do. You have a frickin’ D after your name!
Like a shaman drinking ayahuasca, this nation needs to purge before we can claim any spiritual (or moral) enlightenment. Stop holding the putrid years in, politicians of both parties.