Emperor’s Palm Beach is advertising that they’re taking applications from soon-to-be high school graduates. Seems like a questionable strategy, since another location operated by the same owners was sued for allowing an underage dancer to work. It sounds like the club might be a nice stop for traveling (legal) dancers, though. An article in the Broward-Palm Beach New Times points out that the club’s website offers hotel accommodations and “guaranteed funds.” Of one thing we can be sure: This sign undoubtedly reached more Reddit readers than potential strippers.
You can always count on a corporation to look out for its own interests. An existential threat to their business model will even trump the good PR that comes from beating on everyone’s favorite marginalized punching bags, sex workers). So, until recently, major tech companies like Facebook, Amazon, Twitter, and Google opposed SESTA,the Stop Enabling Sex Traffickers Act. Their business models depend on user-generated content, and SESTA would overhaul Section 230 of the Communications Decency Act of 1996 which previously protected internet platforms against liability for the actions of users.
But following a compromise earlier this month between Silicon Valley and the bill’s Congressional sponsors, SESTA has passed the House and is headed to the Senate. Though they tried to keep their involvement quiet, cloaking their advocacy in the lobbying group the Internet Association, tech companies pushed hard for changes to the bill. An amended version of the bill released on November 3 by Senator John Thune addressed many of their concerns. Initially, SESTA took aim at any facilitation of user sex trafficking. But an amendment to the bill now specifies only “knowing conduct” as “participation in a venture,” meaning in general terms that sex worker advertising sites are now the only ones on the hook while Facebook and company remain immune from sex trafficking liability. Another key revision that spurred a change in the Internet Association’s position involved the development of bots policing content. In earlier versions of SESTA, developing such bots would constitute knowledge of the platform being used to facilitate sex trafficking. Similarly, Backpage’s keyword filters for policing content were used in its Senate hearing as evidence that it had knowledge of and was facilitating sex trafficking. Its own reporting efforts were used against it.
The bill also now specifies that state law enforcement officials using SESTA to prosecute individuals or entities would have to use federal law as a basis for their actions. That’s very handy for the tech companies, as in some states, “sex trafficking” can mean just about anything. While the federal definition of sex trafficking involves force, fraud, or coercion (or the involvement of minors, though this leads to situations in which young street youth get arrested for trafficking for helping their friends in the business as soon as they turn 18), a number of states, such as Alaska, have much broader definitions. This can include cases such as two escorts simply working together. A 2012 records request found that two such escorts were arrested and charged with sex trafficking as well as with prostitution—both alleged victims were arrested and charged with sex trafficking each other.
The bill remains draconian. There are enormous liabilities attached to user content for internet companies, which is a huge incentive to police that content heavily. Platforms that host advertising for sex workers are definitely still in the crosshairs. In fact, as the Electronic Frontier Foundation (EFF) points out, SESTA will even target companies retroactively, a measure that was no doubt included as a way to go after Backpage. No actual intention to assist in any sex trafficking is necessary in the newest version of the bill either, so long as it is “facilitated” in some way, a term which courts have interpreted broadly.
On Friday, Swedish sex workers’ rights organization Rose Alliance released this statement on Facebook: “Our board member, fierce activist, and friend Petite Jasmine got brutally murdered yesterday (11 July 2013). Several years ago she lost custody of her children as she was considered to be an unfit parent due to being a sex worker. The children were placed with their father regardless of him being abusive towards Jasmine. They told her she didn’t know what was good for her and that she was “romanticizing” prostitution, they said she lacked insight and didn’t realise sex work was a form of self-harm. He threatened and stalked her on numerous occasions. She was never offered any protection. She fought the system through four trials and had finally started seeing her children again. Yesterday the father of her children killed her. She always said, “Even if I can’t get my kids back I will make sure this never happens to any other sex worker.” We will continue her fight. Justice for Jasmine!”
Rose Alliance coordinator Pye Jakobsson was gracious enough to answer some questions about Jasmine’s struggle with the state and murder for Tits and Sass.
Caty Simon: So, for starters, can you tell us a little bit about how you met Jasmine Petite and what she worked on for Rose Alliance?
Pye Jakobsson: Jasmine contacted me around three years ago, just after the local council took custody of her kids. She was looking for help with this and had been advised to contact us. Her main activism was around her own situation and others like hers, plus a lot of stuff around the Swedish Model.
Caty: The Swedish Model criminalizes the clients of sex workers in Sweden. How does it affect sex workers there?
Pye: The biggest overall result is the increased stigma. Practical results have to do with the police going after clients. Street workers have lost valuable assessment time they need before getting into a client’s car [because the clients are too nervous about arrest to stop and talk.—ed.] Also, their clients have more control and can say, ” Don’t drive to that spot, I know a better one the police don’t know about.” Police target indoor workers too, trying to catch their clients. That means the focus is now on making clients feel safe enough to see us, rather than us focusing on our own safety. In addition, the pimping laws force us to work alone. It’s also illegal to rent out premises to us. Many work from home, and if the landlord finds out, he is forced to evict you. So they want to save us, but they punish us until we are willing to be saved. And if we say we want to be “saved,” all they offer is therapy [rather than economic alternatives—ed.]
Caty: Can you tell us a bit more about Jasmine’s custody battle? In the Facebook statement from Rose Alliance re: her murder, you guys wrote that she had been pathologized for not admitting that her sex work was a form of self-harm, and that her ex was given custody of the kids because she was a sex worker, despite the fact that she’d reported that he abused her. Can you elaborate on how the state justified taking her kids away from her?
Pye: She had kids with the same guy who was abusive towards her, mostly verbal abuse, though he was convicted for physical violence 12 years ago. They had already separated when the second child was born (the children are four and five now). So they had shared custody of the oldest and then she had sole custody of the youngest.
She was doing sex work as a way to stay at home with her kids, but after only a few months of working, a relative of hers called social services to let them know she was selling sex. The relative also called the father of the kids, who also called Social Services, claiming she took clients home, etc. The truth was she only worked in Stockholm, one hour away from the city where she lived.
The fact that porn workers have always been popular scapegoats for the broadest strokes of politics and media is hardly news for those who work in the sex industry. There are myths claiming pornography leads to violence and there is the historical fact that porn workers have protected our civil rights. Protecting our First Amendment rights is just scratching the surface of sex workers’ contributions to labor and women’s rights movements, among others, since antiquity. Although more is at stake for sex workers than free speech, the passage of FOSTA and SESTA will not only affect us but civilians too, especially in light of the repeal of net neutrality. In a titillating cross-section of lawmaking and scandal, we have on one side Stormy Daniels suing 45 for unlawful payoffs and calling him to account publicly for his associates’ threats against her, and on the other side, legislation that has already silenced common sex workers, with the overlaying intersections of race and class; good whores and bad whores; victims and perpetrators; and misinformation all around.
You might see liberal celebrities championing Daniels, but you won’t see them championing sex workers’ rights.
Last month in Santa Cruz, 27-year-old sugar baby and fetish model Alix Tichelman pled guilty to manslaughter in the heroin overdose death of her Google executive client Forrest Hayes, and was sentenced to six years in prison.
Throughout the eight months Tichelman was in custody, the media luridly painted her as “The Callgirl Killer,” “The Harbor Hooker,” or simply, baldly, as a “prostitute,” even though she hadn’t worked as an escort since early in 2012 and actually met Hayes on Seeking Arrangement as a sugar daddy. Meanwhile, no article on the case failed to mention that Hayes was an employee of Google X and a father of five. Despite the fact that this was clearly “an accidental overdose between two consenting adults,” as Tichelman’s lawyer Larry Biggam put it, and that the two were known to have been involved in an ongoing commercial sexual relationship involving drug use, most coverage painted the young sex worker as a heartless killer. All of the media I read made sure to quote Deputy Police Chief Steve Clark’s comment to NBC News that “she [Tichelman] was so callous,” and describe the footage on the yacht’s surveillance video in which she stepped over his body to lower the curtains and sip from a glass of wine.
Few news outlets quoted Assistant District Attorney Rafael Velasquez’s words at the case’s conclusion, belying this presentation of Tichelman as a dope-fiend black widow: “This is a manslaughter case. There was no intent to kill and there was no conscious disregard for human life…She demonstrated an attempt to initially try to help him out, crying while holding him, trying to shake him, trying to wake him.”
These two accounts of the surveillance video are so starkly different that one must assume that a lot of the behavior being touted as proof of Tichelman’s inhumanity represents her reaction before she even knew Hayes was dead, when she thought he was merely in a nod—the typical effect of opiates.
What would have happened to Alex Tichelman had she called the police?