By Darren Smith, Weekend Contributor
In what is proffered to be helpful in the combat of prostitution and the underlying organized crime that often promotes this, members of the Honolulu, Hawaii police department have requested legislative authority to engage in sexual relations with prostitutes in order to further infiltrate the illegal profession.
This was an amendment to a bill that would expand the enforcement and prosecution of sex industry players that has passed the state House and is coming before a Senate committee.
Authorities say they need the legal protection to catch lawbreakers in the act, and strict internal controls prohibit misconduct. But is this a novel idea to break up the sex traffic industry or one that may lead to exploitation of its vulnerable members?
[For full disclosure your author has a family member who is a Honolulu Police Officer.]
“The procedures and conduct of the undercover officers are regulated by department rules, which by nature have to be confidential,” Honolulu Police Maj. Jerry Inouye recently told the House Judiciary Committee. “Because if prostitution suspects, pimps and other people are privy to that information, they’re going to know exactly how far the undercover officer can and cannot go.” The bill aims to ratchet up penalties on johns and pimps while leaving the punishment for selling sex as a petty misdemeanor.
Partaking in criminal activities is an expected reality of undercover assignments. Many states have laws that permit law enforcement officers to use illegal drugs while on duty to help gain acceptance into the criminal enterprise and infiltrate it as well as arresting those who sell controlled substances. In fact, many criminal organizations have required “pledges” to engage in illegal activity in order to help screen out police officers. When this is done, it is incumbent to report these otherwise illegal activities to their agency as soon as permissible.
Doing so, especially with regard to controlled substances has caused several officers over the years to become addicted and had to take medical retirements. The risks certainly would be present with prostitution from sexually transmitted diseases and other hazards.
But critics, including human trafficking experts and other police, say it’s unnecessary and can further victimize sex workers, many of whom have been forced into the trade.
Expert Derek Marsh says the exemption is “antiquated at best” and that police can easily do their jobs without it.
“It doesn’t help your case, and at worst you further traumatize someone. And do you think he or she is going to trust a cop again?” asked Marsh, who trains California police in best practices on human trafficking cases and twice has testified to Congress about the issue.
It’s not immediately clear whether there are similar provisions in place elsewhere either at the state law or department policy level. But advocates were shocked that Hawaii provides an exemption to prostitution laws for police, suggesting it’s an invitation for misconduct.
“Police abuse is part of the life of prostitution,” said Melissa Farley, the executive director of the San Francisco-based group Prostitution Research and Education. Farley said that in places without such police protections “women who have escaped prostitution” commonly report being coerced into giving police sexual favors to keep from being arrested or harassed.
There have been instances of police being accused of victimizing sex workers across the nation. In Philadelphia, a former officer is on trial facing charges of raping two prostitutes after forcing them at gunpoint to take narcotics. A former West Sacramento, Calif., officer is awaiting sentencing after being found guilty of raping prostitutes in his police cruiser while on patrol. And last year in Massachusetts, a former police officer pleaded guilty to extorting sex from prostitutes he threatened with arrest.
There are many nuances and novelties on this approach to prostitution. What do you think?
By Darren Smith
Sources:
Honolulu Police Department
Fox News
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
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And then, by the same logic, surely undercover narcs should be allowed to partake in a bit of heroin, methamphetamine, cocaine, or PCP, or possibly sell just a bit of those commodities in their ever present need to wind their ways further up the drug distribution ladder.
How is it that it’s OK for cops to break the laws that they arrest everyone else for breaking?
But the real point here is that we should not have laws that label consensual activities among adults as criminal conduct.
MW, Byron: Spot on.
Yes, prostitution should be legal. The vast majority of the negatives of the profession would be removed with legalization.
If a police officer must climax in order to arrest the person for prostitution does that mean that a female police officer must also engage in sex before she can arrest “the john”?
Never understood why someone gets arrested for prostitution. Since there are so many loopholes to the law.
Demand that the act be filmed so that is pornography.
If you’re a john and worried the person might be an undercover cop, ask if you can pay her to pose for naked pictures. That is legal and unlikely that a police officer would go through that. Especially since you would upload the pictures to the internet before any criminal act would happen.
I have long had the idea to open up a adult film acting school. It would be a place where you could hire people to train you on acting techniques for being in pornos – and would conclude with a screen test.
I grew up in Hawaii and lived there for many years. When I was there the prostitutes in Waikiki were very obvious and plentiful. If they’re cutting down I wonder if they are still there or do the cops leave them alone because their customers are mainly tourists?
And lastly a legal question that hopefully someone here could answer. If a police officer is paid by the state to engage in sex with a women who gets pregnant by that act (even with a condom, accidents happen), can the woman sue the state for child support? After all employers get sued for the actions of their employees all the time. Here you’d have a case where the employee action were directly ordered by the employer.
Byron: Really can’t disagree with you. You are right.
Kraaken: Nor can I disagree with you, but you might add, that the police (taxpayer) would still be paying the bill and if they had to log their hours, maybe the taxpayer could find out just how much time the police are spending in the cat houses. anyway you put it, it is not the prostitutes that are being Scre_ ed, actually it is the taxpayer.
You can say what you will about prostitution. There is a reason why it’s ‘the worlds oldest profession’. Societies have tried as long as there have been societies to abolish it. It’s still here, and will still be here when the last human takes his last breath. The thing I find interesting about this Hawaiian bill is that it seeks to make legal what the cops are very probably doing already.
If you go to a place like Amsterdam where it is legal, and speak to one of the maids of honor, then you will find many differing reasons as to why they do this for pay and not play. Sometimes you have to pay them to tell your their answer.
MW:
“Govt. Dept. The idea of allowing such to happen and make the taxpayers pay for it is not only ridiculous but an absurdity!”
Most government ideas are an absurdity.
Stanley: Not only interesting, can’t you just visualize an advertisement to hire the Police:
Great Job; work for city; Lots of action; Guns involved; and plenty of Under Cover action; Some risk, but some very pleasurable aspects to the job; May be required to have sex with the snitch. Call 1-000-000-0000 and Sign up Now!
I doubt the Personnel office could handle the onslaught of applications. How many legitimate jobs will require and pay for you to have sex on the job.?
Truth: In all seriousness, worst idea ever submitted by any division of of any Govt. Dept. The idea of allowing such to happen and make the taxpayers pay for it is not only ridiculous but an absurdity!
Lessee. Getting paid to have sex is. by definition, prostitution. The officer is being paid to perform the act in question. I would love to be a defense attorney in one of those cases. The cross examination of the officer promises to be……interesting.
First legal Marijuana, now sex as a way to curtaii criminal action? If a guy feels the need, just go have sex with a prostitute and charge it to the police dept. as work. Reaaaally! Who can deny, that this country has gone to hell in a hand basket? Dumb A_ _ idea but one definitely a plus for the males on the police Dept. payroll. I’m sure there will be no one refuse such a under cover job..