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User:Bdw378/History of Sex Work in Maryland

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Prostitution in Maryland is illegal in all forms, including soliciting, buying, pimping, and human trafficking under code section (Md. Code Ann. [Crim. Law], § 11-306.) Each state has the right to choose their own laws regarding prostitution under Article 10 of the constitution. While prostitution is illegal, it is still found in Maryland in different forms. There are many sex worker-led activist groups in Maryland who are advocating for legalization and decriminalization of sex work, as well as safer conditions and rights for sex workers. State officials in Maryland are putting high priority on anti-human trafficking efforts, rather than the issues of the legality or decriminalization of sex work.

History

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1900-1910s: Progressive Era

1910s-1950s: The Block

1950s-Today: Modern Era

Modern Dates

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2019

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The People’s Commission to Decriminalize Maryland was created to reduce the impacts of the justice system on marginalized groups. Decriminalization efforts are broken into five areas: Homelessness, Poverty, Youth, Drug Policies, and Bodily Autonomy.[1]

2015

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Maryland passed House Bill 256 - The creation of a workgroup who research and recommended legal support and service for child victims of human trafficking.

Maryland Chapter of Sex Workers Outreach Project (SWOP) created by MD sex workers advocating for human rights

2014

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Maryland passed Senate Bill 454: Child Kidnapping for the Purpose of Committing a Sexual Crime

Maryland passed Senate Bill 818: State Government - Human Trafficking Address Confidentiality Program

2007

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Maryland Human Trafficking Task Force created

Extent and Forms of Prostitution

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Red light districts are not officially delegated in Maryland, but they can be used to describe certain places in Maryland, such as “The Block" found in Baltimore, MD. Red light districts are typically found in urban areas, they are places that are known to have strip clubs, sex shops, brothels, or other forms of adult entertainment. Street walkers are often found in red light districts.

Street Prostitution is illegal in Maryland, but it still found throughout the state. According to police arrest rates, it is still prevalent, especially clustered in specific urban places throughout the state, such as Baltimore, MD. A study done by Jessie Chien found that 63% of sex workers primarily are street-based, 23.7% are mixed street and venue, and the remaining 13.3% are mixed between those two categories, as well as online and other less common forms of sex work.[2]

Escorting is illegal in Maryland, but it is still found in forms of massage parlors, adult book stores, modeling studios, bars and strip clubs.

Experience of Sex Workers

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Sex workers overall face increased risks of food insecurity, homelessness, gender-based violence, and contracting HIV. A study done by SAPPHIRE on 249 female sex workers in Baltimore found that: 62% reported recent homelessness, 82% reported lifetime arrest, 71% reported substance abuse, and 5% tested positive for HIV.[3] Sex workers who work outside on the streets report both lower condom usage and lower HIV testing than sex workers who work predominantly inside.[2][4]  Sex workers of color, migrant sex workers, and transgender sex workers experience greater risks of sexual violence or assault. Sex workers report negative interactions with the police; they are reluctant to report cases of assault due to potential arrests or further assault.[5]

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11-303: Engaging in Prostitution

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Under this code section it is a misdemeanor to knowingly engage in prostitution or assignation by any means; or occupy a building, structure, or conveyance for prostitution or assignation. Conviction can lead to imprisonment up to 1 year or a fine of up to $500 or both.[6]

11-304: Receiving earnings of prostitute

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Under this code section it is a misdemeanor to receive or acquire money or proceeds from the earnings of a person engaged in prostitution with the intent to promote a crime, profit from a crime under this subtitle, or conceal or disguise the nature, location, source, ownership, or control of money or proceeds of a crime under these codes. Conviction can lead to imprisonment up to 10 years or a fine of up to $10,000 or both.[7]

11-305: Persuasion, Enticement, or Aid in Persuasion and Enticement

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Under this code section it is a felony to persuade or entice or aid in the persuasion or enticement of an individual under the age of 16 years from the individual’s home or from the custody of the individual’s parent or guardian; and knowingly secrete or harbor or aid in the secreting or harboring of the individual who has been persuaded or enticed in that manner. Conviction can lead to imprisonment up to 25 years or a fine of up to $5,000 or both.[8]

11-306: Solicit or Offer to Procure or Solicit Prostitution

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Under this code section it is a misdemeanor to participate in prostitution by offering money for sex or asking for money for sex; Own, operate, or occupy a building used for prostitution; let someone into a structure or building so sex for hire can occur, allow a structure under your control to be used for sex for hire, and procure or solicit, or offer to procure or solicit, assignation or prostitution. Conviction can lead to imprisonment up to 1 year or a fine of up to $500 or both.[9]

11-307: House of Prostitution

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Under this code section it is a misdemeanor to allow a building, structure, or conveyance owned or under the person’s control to be used for prostitution or assignation; allow or agree to allow a person into a building, structure, or conveyance for prostitution or assignation; or keep, set up, maintain, or operate a building, structure, or conveyance for prostitution or assignation. Conviction can lead to imprisonment up to 1 year or a fine of up to $500 or both.[10]

Crime

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Parts of Maryland are known to be hotspots for trafficking, mostly urban counties and cities, also areas close to the DC-metropolitan area. The majority of trafficking victims in Maryland are adult female foreign nationals, only a few of trafficking victims are minors. In 2016, Maryland ranked fourth among the top states per capita in trafficking cases. Also in 2016, Maryland ranked 6th defendants in criminal sex trafficking cases involving child victims. In 2018, Maryland was the second highest ranking state in federally charged criminal defendants for sex trafficking.[11] Maryland counties with the most reports of child sex trafficking include Baltimore City, Prince George’s County, Washington County, and Baltimore County.[12]

The main form of trafficking is sexual trafficking, with labor trafficking being a close second.[13] More and more victims of trafficking are identified every year, with numbers rising at higher rates. From 2019, there was an 11% increase from reports to the Human Trafficking hotline in Maryland from 2018, and a 55% increase in reports from 2017. 56% of the trafficking victims reported to the hotline in MD are minors.[14] Of the cases reported to the hotline, 68% involve sex trafficking, and 6% involved sex and labor trafficking.[15] Because of these rising numbers, Governor Hogan has prioritized addressing human trafficking. In 2007, the Maryland Human Trafficking Task Force (MHTTF) was created in order to fight against human trafficking. The goal of the MHTTF is to educate law enforcement officials by implementing policies and procedures for investigations, prosecution, victim service response, and victim identification. The overall message of the MHTTF “In Maryland, victims will be recovered and traffickers will be held accountable for their crimes.”

Prostitution stings are common in Maryland. Police will go undercover as clients or sex workers themselves in order to expose clients and possible human traffickers.

Activism

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Sex Workers Outreach Project Baltimore (SWOP Baltimore), a chapter of SWOP USA, is a sex worker-led activist group focusing on promoting fundamental human rights of sex workers. They prioritize ending violence and stigma against sex workers through education, community building, and advocacy. They aim to create a safe community for sex workers where they can have access to support and resources. Their values are community, accountability, sex work is work, and self-determination.[16]

SPARC: A Center For Women is a drop-in center for non-male identifying sex workers located in Baltimore, MD. This center provides clinical testing for STI/STDS, mental health and behavioral services, social, legal, and housing services for free. The mission of this program is to provide comprehensive care in a safe, non-stigmatizing and empowering environment where women feel comfortable coming to receive health services.[17]

References

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  1. ^ "OUR WORK". People's Commission. Retrieved 2021-12-20.
  2. ^ a b Chien, Jessie; Schneider, Kristin E.; Tomko, Catherine; Galai, Noya; Lim, Sahnah; Sherman, Susan G. (2021-05-11). "Patterns of Sex Work Client Solicitation Settings and Associations with HIV/STI Risk Among a Cohort of Female Sex Workers in Baltimore, Maryland". AIDS and Behavior. 25 (10): 3386–3397. doi:10.1007/s10461-021-03293-x. ISSN 1090-7165.
  3. ^ Lim, Sahnah; Park, Ju Nyeong; Kerrigan, Deanna L.; Sherman, Susan G. (2019-11-01). "Severe Food Insecurity, Gender-Based Violence, Homelessness, and HIV Risk among Street-based Female Sex Workers in Baltimore, Maryland". AIDS and Behavior. 23 (11): 3058–3063. doi:10.1007/s10461-019-02643-0. ISSN 1573-3254.
  4. ^ Logie, Carmen (December 15, 2020). "Brief Report: Longitudinal Associations Between Place of Sex Work and Client Condom Coercion Among Sex Workers in Baltimore, Maryland". Journal of Acquired Immune Deficient Syndromes.
  5. ^ Fehrenbacher, Anne E.; Park, Ju Nyeong; Footer, Katherine H. A.; Silberzahn, Bradley E.; Allen, Sean T.; Sherman, Susan G. (2020-01). "Exposure to Police and Client Violence Among Incarcerated Female Sex Workers in Baltimore City, Maryland". American Journal of Public Health. 110 (S1): S152–S159. doi:10.2105/AJPH.2019.305451. ISSN 0090-0036. PMC 6987936. PMID 31967867. {{cite journal}}: Check date values in: |date= (help)CS1 maint: PMC format (link)
  6. ^ "Laws - Statute Text 11-303". mgaleg.maryland.gov. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)
  7. ^ "Laws - Statute Text 11-304". mgaleg.maryland.gov. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)
  8. ^ "Laws - Statute Text 11-305". mgaleg.maryland.gov. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)
  9. ^ "Laws - Statute Text 11-306". mgaleg.maryland.gov. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)
  10. ^ "Laws - Statute Text 11-307". mgaleg.maryland.gov. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)
  11. ^ "2018 Federal Human Trafficking Report – Human Trafficking Institute". www.traffickinginstitute.org. Retrieved 2021-12-20.
  12. ^ "Maryland Human Trafficking Task Force — Statistics". Maryland Human Trafficking Task Force. Retrieved 2021-12-20.
  13. ^ "Maryland". National Human Trafficking Hotline. Retrieved 2021-12-20.
  14. ^ "Maryland Human Trafficking Task Force — Reports". Maryland Human Trafficking Task Force. Retrieved 2021-12-20.
  15. ^ "Hotline Statistics". National Human Trafficking Hotline. Retrieved 2021-12-20.
  16. ^ "Our Values". Sex Workers Outreach Project | Sex Workers Outreach Project. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)
  17. ^ "About Us". sparcbaltimore. Retrieved 2021-12-20.{{cite web}}: CS1 maint: url-status (link)