- Crime And Misconduct Commission, Queensland (October, 2006).Regulating Outcall Prostitution. Should legal services be extended to licensed Brothels and Independent Escort Agencies?
This was a report of the CMC Queensland. The report discusses in detail the provisions of the Prostitution Act, 1999 that was enacted for five main purposes namely: to ensure that the safety of sex partners is guaranteed, to create certain safeguards against organized crime and corruption, to ensure that there is good quality of life for the communities engaged in sex work, to discuss the reasons as to why various persons involve themselves in the sex industry and also to ensure that the society is healthy. The paper also discusses the three key issues that necessitated the commissioning of the report. These three key issues are to address the viability of the legal framework governing the sex industry, the availability of a suitable model to address sex industry in the country and to address the impact of the prostitution act on the guiding principles of prostitution.
The report concludes by noting that there was no adequate evidence to show that the outcall services would, in the long run, increase the financial benefits that would eventually sustain brothels. It would also enable the legal outcall service industry to compete with the illegal industry in an attempt to convert the illegal industry to a legal industry. The report makes various recommendations. One of the recommendations is that outcall services should not be legalized. This report will be of much help when writing my report as a lawyer who has been selected to investigate the case for legalizing the industry.
- Andreas Schloenhardt and the Human Trafficking Working Group (Sep 21, 2009). Ten Years of Prostitution Regulation in Queensland. University of Queensland, TC Berne School of Law
This source discusses in detail the substance of outcall prostitution. It also expounds on the contents of the Prostitution Act, 1999 by analyzing its role in regulating the prostitution industry. According to the authors, an outcall service is a sex work arrangement whereby the two consenting sex parties agree to meet at a place selected by any of the two members where they will conduct their business. The practice is also known as “escort services” and is advertised on the internet or over the telephone and it is mediated by agents or some organized groups.
The paper proposes that the industry should be legalized for the sake of transparency and also as a way of legalizing street prostitution. This source will be of great help to us when we settle down to address the whole question of legalizing prostitution in Queensland. We will rely on the source for such information as the substance of outcall services and also a detailed analysis of the Prostitution Act of 1999.
- Libby Prumridge, Gillian Abel: A “Segmented” Sex Industry in New Zealand: Sexual and Personal Safety of Female Sex Workers. Australia and New Zealand Journal of Public Health Vol. 25 Issue 1.
It study that was conducted in Australia and New Zealand in the year 2000. The study concerned itself with sex workers in different sectors and their exposure to risk during sex trade. It addressed itself to a number of women who were picked and interviewed separately and a report compiled. The report was later analyzed, and conclusions drawn. The report concluded that street sex workers are the worst affected by misuse of drugs, prostitution at young age, and sexual safety. The street sex workers were also aware that they needed to use condoms during sex, but the report showed that there was minimal negotiation between the partners as to whether or not to use a condom during their sex activity.
This report will assist us when proving our case that there is nothing cynical about legalizing outcall sex services in Queensland. We will also make use of the statistics generated by the study group to show that, in fact, legalizing outcall sex in one way or another reduces the chances of ailing from venereal diseases and reduces sex violence.
- Abel G. Fitzgerald L and Healy C. (2010). Taking the crime out of the sex work: New Zealand Sex Workers Fight for Discrimination. Bristol: Policy Press
This book addresses itself to the decriminalization of sex trade by New Zealand. The book reports that the country was the first to announce the decriminalization of all sex trade practices. The sex decriminalization practices were enacted in 2003, according to the writers. Abel and his co-writer further report that the book has first-hand information that was compiled out of interviews with the people who were directly involved in the sex trade and, therefore, they shared their experiences to them. The book, therefore, makes a case for New Zealand’s experience with both the era when sex trade was criminalized and the era when sex was decriminalized. The book will, therefore, provide a wealth of information as we make a case for the fact that outcall sex can also be legalized in Queensland just as it was the case with New Zealand.
- Philippa Levine (2003). Prostitution, Race and Politics: Policing Venereal Diseases in British Empire. New York: Routledge.
The writers in this book address themselves on a need for legislation in venereal disease control in four British Colony countries. The authors work on the thesis statement that sex is a racial issue and therefore they opine that there is a close nexus between sex trade ad racism. They also opine that prostitution is, therefore, racially motivated. Hence, there is the need for prostitution regulation legislation in these four countries. It is their opinion that if sex would be adequately regulated there would be nothing wrong with legalizing it. This is therefore one of those books that we will make use of in order to prove our case that there is nothing wrong with legalizing sex in Queensland.
- Bernard Colliery (1991). The Sex Industry in the Australian Capital Territory: A Law Reformer’s Perspective. Australian Institute of Criminology.
The article authors argue that the laws governing sex trade in Australia are inadequate and inefficient. The laws are outdated and they no longer address the issues of the progressive community. They present a case for the need to have up-to-date laws that will address the concerns and the welfare of the sex workers. According to the author, he does not see the need for making prostitution illegal if there were sufficient laws that had the capacity to address the challenges that the sex workers go through. Those laws, according to the authors, are harsh and they do not concern themselves to the rights of the prostitutes. They do not stipulate the minimum wages that the prostitutes are supposed to get from their clients and therefore the chances that the workers shall be exploited by unscrupulous clients are high. They therefore see the need for reform of the law governing prostitution before the trade is legalized.
We will make use of this book at the time of compiling our report so that we present a prima facie case for legalization of outcall sex services.
- Brian Brinker (1991). Policing of the sex Industry in the Australian Capital Territory, in sex industry and public policy. P. 249
This book gives the opinion that though the police do not make laws governing prostitution, they are in fact very important players in implementing the laws. They therefore present a case for involving them in everything that is done concerning prostitution and outcall sex workers. The authors also make an argument that there are a number of activities that take place in prostitution. These activities include prostitution in brothels production of sex tapes, distribution and selling of the same to willing buyers and having agents to procure sex workers for clients. They argue that the prostitution act does not expressly prohibit prostitution though the Police offences act of 1930 bears some instances of criminalizing the act. They proceed by saying that there is no law that prescribes any subsequent prosecution for sex workers in case they are arrested while conducting their sex trade. This is a book that we will have to make use of when we will be arguing that the law does not prohibit prostitution. We will also apply the author’s reasoning to discredit the report of the CMC.
- A.J Nelson. (2011). Criminal Behavior? A comparison of prostitution policy in Sweden and the Australian Capital Territory. Cross Sections Vol7
- Pirito, Susan, Scandia, Anita, Wilson and Paul (2005) Issues in Crime and Criminal Justice No. 22: Prostitution Laws in Australia.
This article presents the confusion faced that lawmakers face in an attempt to strike a balance between prohibiting sex trade as a moral wrong and permitting it based on the fact that it is an action done by two consenting individuals. For the latter, they argue that there is no need of interfering with such an agreement of consenting individuals. They present the case that in Australia, there is no particular law that outlaws outcall sex services. They also argue that it is often difficult to enforce the laws that may appear to outlaw prostitution because of two reasons. The first one is the fact that the act is carried out in private and therefore it is difficult to follow up with people in their private affairs. The second reason is that it is ethically wrong for the police to follow up with the parties in their private rooms as they do the act. The wind up their discussion by writing that legalizing the practice is likely to create more problems than it is able to cure.
We will make use of this book to show how hard it is to control the practice bearing in mind that it is carried out privately.
(10)Sarah E. Romaine, Katherine Potter, Judy Martin, Peter Herbison (2001). The mental and physical health of Female sex workers: A comparative Study. Australia and New Zealand Journal of Psychiatry Vol. 3 Issue 1 pp. 75-80
This paper discusses the life of sex workers and the relationship with such life with mental and physical health. The paper opines that sex workers are less likely to be married and that they misuse drugs the most.
Preferred Scenario: Legalizing Outcall Sex work.