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Why NO on 35 is important.

Proposition 35 is the Californians Against Sexual Exploitation Act Initiative put on the ballot by Chris Kelly, the former chief of privacy at Facebook.
Here is a basic summary:

  • Increases criminal penalties for human trafficking, including prison sentences up to 15-years-to-life and fines up to $1,500,000.
  • Fines collected to be used for victim services and law enforcement.
  • Requires person convicted of trafficking to register as sex offender.
  • Requires sex offenders to provide information regarding Internet access and identities they use in online activities.
  • Prohibits evidence that victim engaged in sexual conduct from being used against victim in court proceedings.
  • Requires human trafficking training for police officers.

Sounds great, right? I mean, who doesn't want tougher restrictions and laws against those who force young women and children into the sex trade? After all, I am a supporter of Children Of The Night, who helps teen girls get out of prostitution.
Here is the problem. Prop 35 does not recognize the distinction between trafficked humans, and those adults who do this work out of their own choice and empowerment. This law applies to not only trafficked sex workers, but FBSM and Tantric providers, independent surrogates and escorts as well.
It also does not protect prostitutes from arrest and retaliation.
Higher criminilization of prostitution allows for further exploitation.
Anyone who is benefiting financially from consensual prostitution among adults, can be prosecuted and have to register as a sex offender. Think of collectives where a few women work together in one location as a way to support each other and stay safe. Better yet, this applies to husbands and adult dependents of sex workers also! 
The definition of pimping is just too broad. For example, say I wanted to cut down on my expenses and rent out my temple a few days a week to another provider. She gets popped for prostitution for doing sensual massage. I could be arrested and convicted for pimping, have to register as a sex offender and be subject to all the other consequences that a typical street pimp would be subject too. 
The idea behind Prop 35 is valid, however, they really need to fine tune it to the people who are truly doing harm to our young girls and forced women. Until that happens, Prop 35 is just a bad idea.



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