DSW Report Finds Strong Racial and Gender Biases in Prostitution and Trafficking Enforcement

April 15, 2022

DSW’s new report, “By the Numbers: New York’s Treatment of Sex Workers and Trafficking Survivors,” examined data that had not previously been examined in its totality. Our analysis demonstrates that racial and gender biases are as strong as ever and that the most damaging impacts of criminalization are suffered by communities with the greatest vulnerabilities. Frances Steele, research and policy coordinator and lead author of the report, submitted a commentary summarizing the report’s findings to The Crime Report. Read it here.

DSW Research and Policy Coordinator Frances Steele.

DSW Research and Policy Coordinator Frances Steele.

DSW Newsletter #35 (April 2022)

DSW Testified on Important Sex Work Bills in RI

April 5, 2022 DSW’s legal director, Melissa Broudo, and staff attorney, Rebecca Cleary, traveled to Rhode Island to testify in support of three important bills making their way through the Rhode Island Legislature. As DSW works towards...
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DSW Testified on Important Sex Work Bills in RI

CO Quickly Advances the Safe Reporting Assaults Suffered by Sex Workers Act

April 20, 2022 The Safe Reporting Assaults Suffered by Sex Workers Act, HB22-1288, allows sex workers to come forward to report a crime, access medical or emergency services, or both, if they are in need or witness another...
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CO Quickly Advances the Safe Reporting Assaults Suffered by Sex Workers Act

DSW Report Finds Strong Racial and Gender Biases in Prostitution and Trafficking Enforcement

April 15, 2022 DSW’s new report, “By the Numbers: New York’s Treatment of Sex Workers and Trafficking Survivors,” examined data that had not previously been examined in its totality. Our analysis demonstrates that racial and gender biases...
Read More
DSW Report Finds Strong Racial and Gender Biases in Prostitution and Trafficking Enforcement

Oregon Sex Workers Committee’s Human Rights Commission

April 11, 2022 The Oregon Sex Workers Committee (OSWC) hosted its second Human Rights Commission Hearing. The hearing, held in Eugene, OR, brought together a diverse group of individuals including sex workers, allies, and members of law...
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Oregon Sex Workers Committee’s Human Rights Commission

STI Awareness Month

April 1, 2022 Each April, the American Sexual Health Organization (ASHA) recognizes Sexually Transmitted Infection (STI) Awareness Month. Additionally, the Centers for Disease Control and Prevention (CDC) recognize STI Awareness Week from April 10-16. According to ASHA:...
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STI Awareness Month

Save the Dates

May 1, 2022 Sex Work Survival Guide Summit event link/registration Date: May 1, 2022 Times: 10am-12am EST — recording will be available per perpetuity online Cost: FREE May 2, 2022 Webinar: Pending Legislation on Sex Work Decriminalization...
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Save the Dates

DSW Newsletter Archive

Public Policy Polling 2022 Vermont Survey Results

This poll, which surveyed 616 registered voters in Vermont, was conducted by Public Policy Polling on January 17-18, 2022.

“What will we do if we get infected?” a qualitative interview-based study of the COVID-19 pandemic and its effects on the health and safety of sex workers in the United States

DSW Research and Project Manager J. Leigh Oshiro-Brantly co-authored and participated in all aspects of the study “What will we do if we get infected?” a qualitative interview-based study of the COVID-19 pandemic and its effects on the health and safety of sex workers in the United States (SSM – Qualitative Research in Health, online December 8, 2021)

J. Leigh Oshiro-Brantly

J. Leigh Oshiro-Brantly

Public Policy Polling 2021 National Survey Results

This poll, which surveyed 758 registered voters in the United States, was conducted by Public Policy Polling on September 30 and October 1, 2021.

The Equality Model

A guide to the Equality Model and the dangers of partial decriminalization prostitution laws

equality model

The Equality Model vs the Nordic Model of Prostitution

The term “Equality Model” has recently been attached to the legal framework more commonly known as the Nordic Model of Prostitution. Attaching the term “equality” to this approach to prostitution law suggests that it is in the best interest of sex workers. Unequivocal evidence shows that it is not.

Nordic Model prostitution laws partially decriminalize sex work while leaving both the purchase and promotion of sex work illegal. 

At first glance, it may seem ironic to use the term “equality” to describe prostitution laws designed to criminalize one side of a sex work transaction. Given that implementing laws that criminalize clients clearly correlates with an increase in violence perpetrated against sex workers, perhaps the “equality” they’re referring to is how these laws equally harm everyone they touch.

In both implementation and outcomes, the Equality Model is anything but equal. Since police primarily use these laws to essentially entrap sex work clients, the Nordic Model rebranding we believe fits best is the “Entrapment Model.”
 
The Equality Model

Decriminalization of Sex Work vs The Equality Model

We compare two types of sex work legislation: the full decriminalization of sex work and the equality model of prostitution legislation.

Decriminalization of Sex Work

  • - Reduces violence and exploitation while increasing public health and safety
  • - Recommended by Amnesty International and the World Health Organization
  • - Improves sex worker health and safety while reducing sex worker homelessness
  • - Empowers sex workers to operate independently, reducing human trafficking

 

The "Equality" Model

  • - Criminalizes the buying of sex but not the selling of sex
  • - Sex workers are financially dependent on criminalized clients
  • - Assumes sex workers need to be "saved" and denies them bodily autonomy
  • - Does not decrease exploitation in the commercial sex industry

 

what is the nordic model

What is the Nordic Model?

To fight the rebranding efforts of Equality Model proponents, it’s important to be ready with a quick reply when someone asks, “What is the Nordic Model?” Prostitution laws have an immediate and powerful impact on the lives of real people in our communities. To advocate for the human rights and safety of sex workers across the country, it is critical to understand the distinctions between different policies.

The Nordic Model of prostitution is based on the theory that the way to “free” sex workers from lives of prostitution is to criminalize clients and third parties. The theory assumes sex workers are victims, but in practice, the law tends to treat them more like criminals. Sex work exists on a spectrum of choice, circumstance, and coercion. Sex work is work and no one should assume that sex workers do not have choice or autonomy. This patriarchal view of sex work is a dangerous threat to the bodily autonomy and freedom of choice that women and other marginalized groups have been fighting to achieve for so long.

Laws based on the Nordic Model target sex work clients with entrapment, making them far more likely to pursue anonymous interactions in remote locations. Keeping sex work in the dark jeopardizes the harm reduction strategies sex workers use to keep themselves safe and leaves them vulnerable to predators and criminals.

 

prostitution laws

Prostitution Laws across the globe: Entrapment Model failures

From added violence to malicious evictions, evidence of Nordic model failure has shown that partial decriminalization prostitution laws are simultaneously ineffective at ending exploitation in the sex trade and harmful to the people they are meant to protect.

Northern Ireland created their Entrapment Model-like prostitution laws in a naive attempt to end demand for sex work. Rather than decrease demand, they’ve experienced an increase in online ads since implementation in 2015. A study conducted by the Department of Justice also found an increase in harassment and anti-social behaviors directed at sex workers since the policy change.

Norway enacted prostitution laws based on the Nordic Model that intentionally evicted over 400 sex workers, mostly migrant women, from their homes. The project was aptly named “Operation Homeless” by Norwegian police.

Swedish prostitution laws enacted in 1999 use landlords as weapons against sex workers. These laws hold landlords liable for promoting prostitution if they don’t evict sex workers simply for having used their homes to provide sexual services.

 

equality model new york

Equality Model New York

The promoters of the newly rebranded Equality Model of prostitution have launched their U.S. campaign in New York. Despite failing to reduce demand for erotic services or deter people from engaging in sex work, the Equality Model New York project has decided to push forward with their entrapment-focused legislation.

This Nordic Model offshoot has been rejected again and again by sex workers and in popular media.

EQUALITY MODEL MASSACHUSETTS

A legislative campaign has also launched with the goal of implementing the Equality Model in Massachusetts. The bill they have proposed is ironically called “An Act To Strengthen Justice and Support for Sex Trade Survivors." Unfortunately the implementation of legislation that criminalizes consensual sex work clients correlates with an increase in violence perpetrated against sex workers rather than a decrease in human trafficking.

This effort to implement the Nordic Model of prostitution in the Massachusetts uses fines charged to convicted sex work clients to fund programs meant to remove sex workers from the profession. Unfortunately the proponents of Equality Model Massachusetts seem to conflate victims of human trafficking and professional, consensual sex workers in their legislative proposal.

 

Sex Worker Jobs

Sex worker jobs are not inherently dangerous. Criminalization makes the work dangerous.

Criminalizing clients keeps the entire sex work industry underground and makes sex worker jobs more dependent on third parties who might mean them harm, leaving them more vulnerable to exploitation.

Sex workers in countries where prostitution laws like the Entrapment Model have been implemented are frequently threatened and harassed by law enforcement. Criminalizing clients results in police raids on sex workers which are  psychologically and physically harmful. These encounters also often result in sex workers experiencing isolation and stigma due to being outed to their community.

 

sex workers near me

Take action! Tell your representative "I stand with sex workers near me and reject this new Entrapment Model legislation!"

Please send this letter to your State Representative and help reject the Entrapment Model before it gets a foothold in the United States. Your efforts will say "I stand with sex workers near me and reject this new Entrapment Model legislation!" With your support, we can fully decriminalize consensual adult sex work across the country and improve the health and safety of our communities.

Why Decriminalizing Sex Work Is Good Criminal Justice Policy

Too many people are incarcerated in the United States, and scarce resources are spent targeting victimless crimes.1 Tens of thousands of people are arrested annually for prostitution and related crimes. The majority of those arrested are adults who engage in consensual, victimless activities.2 Where sex work is decriminalized, law enforcement is able to focus resources on prosecuting human trafficking and other violent crimes.3

Those who are arrested and jailed for buying or selling sex face incarceration, fines, parole, and probation. They are likely to end up with permanent records that hinder future opportunities for employment, housing, and other necessities.4

Tough-on-crime policies lead to mass incarceration. Decades of tough-on-crime policies overcrowded American prisons with nonviolent offenders. The devastating consequences of the War on Drugs has prompted reform.5 It is time for laws criminalizing and marginalizing sex workers to see the same shift.

Save taxpayer money. Arresting people for consensual activities along with all of the additional costs after the arrest – jail, prosecution, probation, etc. – pose a significant burden to taxpayers.6 Yet, the criminalization of prostitution neither ends nor reduces it7; it solely pushes sex work into the underground market, where workers are unprotected from exploitation and abuse.

We know what prohibition does to markets. Alcohol prohibition failed to reduce demand and made alcohol more dangerous. The prohibition of drugs did the same. Laws have adapted to address these realities, replacing criminalization with harm-reduction policies. Combatting violence and abuse in sex work should be prioritized over arresting consensual adults.

Criminalizing sex work only amplifies the harms associated with it. Police, prosecutors and jails are ill-equipped to improve the lives of people who are arrested for trying to earn a living via prostitution.

Too often police abuse their powers and exploit or rape sex workers.8 Sex workers engaging in prostitution who are harmed by police officers have nowhere to turn for help. Decriminalization would empower sex workers and substantially reduce this abuse of power.

NOTES

1 The most recent FBI data from 2018 reported 24,944 arrests for “Prostitution and Commercialized Vice” https://crime-data-explorer.fr.cloud.gov/.

2 “Should Prostitution be a crime?” Emily Bazelon. May 5, 2016 https://www.nytimes.com/2016/05/08/magazine/should-prostitution-be-a-crime.html

3 “Decriminalising sex work in New Zealand: its history and impact.”Fraser Crichton. August 2015. https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/decriminalising-sex-work-in-new-zealand-its-history-and-impact/

4 “Consequences of Policing Prostitution?” Dank, Yahner, & Yu. April 2017. https://www.urban.org/sites/default/files/publication/89451/legal_aid_final_0.pdf

5 “Public opinion favors criminal justice and drug policy reform, making now the time to act.” Legal Action Center. https://lac.org/public-opinion-favors-criminal-justice-and-drug-policy-reform-making-now-the-time-to-act/

6 “No Price Too High: Victimless Crimes and the Ninth Amendment” Charles Fyffe, Robert M. Hardaway. 2003.

7 Department of Justice Assessment of Review of Operation of Article 64A of the Sexual Offences Order (Northern Ireland) 2008: Offence of Purchasing Sexual Services.  https://www.justice-ni.gov.uk/sites/default/files/publications/justice/assessment-of-impact-criminalisation-of-purchasing-sexual-services.pdf

8 “Arrest the Violence: Human Rights Violations Against Sex Workers in 11 Countries in Central and Eastern Europe and Central Asia” December 17, 2009. https://www.opensocietyfoundations.org/publications/arrest-violence-human-rights-violations-against-sex-workers-11-countries-central-and-eastern

Wisconsin Prostitution Laws

Is prostitution legal in Wisconsin?

Wisconsin prostitution laws make it a crime to pander, solicit, or engage another person in a sexual act in exchange for anything of value. All of those acts are misdemeanors across the state.

Wisconsin Prostitution Laws

 

Prostitution Laws of Wisconsin

  • 944.30: Prostitution
  • 944.31: Patronizing prostitutes
  • 944.32: Soliciting prostitutes
  • 944.33: Pandering
  • 944.34: Keeping place of prostitution

 

944.30: Prostitution

Any person who intentionally does any of the following is guilty of a Class A misdemeanor:

(1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value.

(2) Commits or offers to commit or requests to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another for anything of value.

(3) Is an inmate of a place of prostitution.

(4) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value.

(5) Commits or offers to commit or requests to commit an act of sexual contact for anything of value.

944.31: Patronizing prostitutes

Any person who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute is guilty of a Class A misdemeanor.

944.32: Soliciting prostitutes

Except as provided under s.948.08, whoever intentionally solicits or causes any person to practice prostitution or establishes any person in a place of prostitution is guilty of a Class H felony.

944.33: Pandering

(1) Whoever does any of the following is guilty of a Class A misdemeanor:

(a) Solicits anotherto have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a person the solicitor knows is a prostitute; or

(b) With intent to facilitate another in having nonmarital intercourse or committing an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute, directs or transports the person to a prostitute or directs or transports a prostitute to the person.

(2) If the person received compensation from the earnings of the prostitute, such person is guilty of a Class F felony.

(3) In a prosecution under this section, it is competent for the state to prove other similar acts by the accused for the purpose of showing the accused's intent and disposition. 944.34: Keeping place of prostitution Whoever intentionally does any of the following is guilty of a Class H felony:

(1) Keeps a place of prostitution; or

(2) Grants the use or allows the continued use of a place as a place of prostitution.

Wyoming Prostitution Laws

Is prostitution legal in Wyoming?

Wyoming prostitution laws prohibit acts of prostitution, the solicitation of prostitution, and the promotion of prostitution. Solicitation of prostitution is a misdemeanor across the state.

Wyoming Prostitution Laws

 

Prostitution Laws of Wyoming

  • 6-4-101: Prostitution; penalties
  • 6-4-102: Soliciting an act of prostitution; penalties
  • 6-4-103: Promoting prostitution; penalties

 

6-4-101: Prostitution; penalties

A person who knowingly or intentionally performs or permits, or offers or agrees to perform or permit an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii), for money or other property commits prostitution which is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6-4-102: Soliciting an act of prostitution; penalties

A person is guilty of soliciting an act of prostitution if, with the intent that an act of sexual intrusion as defined by W.S. 6-2-301(a)(vii) be committed, that person knowingly or intentionally pays, or offers or agrees to pay money or other property to another person under circumstances strongly corroborative of the intention that an act of prostitution be committed. Soliciting an act of prostitution is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6-4-103: Promoting prostitution; penalties

(a) A person commits a felony if he:

(i) Knowingly or intentionally entices or compels another person to become a prostitute;

(ii) Knowingly or intentionally procures, or offers or agrees to procure, a person for another person for the purpose of prostitution;

(iii) Having control over the use of a place, knowingly or intentionally permits another person to use the place for prostitution; or

(iv) Receives money or other property from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution.

(b) The felony defined by this section is punishable by imprisonment for not more than three

(3) years, a fine of not more than three thousand dollars ($3,000.00), or both. However, the crime is a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both, under paragraph (i) of subsection (a) of this section if the person enticed or compelled is under eighteen (18) years of age.

West Virginia Prostitution Laws

Is prostitution legal in West Virginia?

West Virginia prostitution laws prohibit having sex for money, soliciting a prostitute, patronizing a prostitute, recruiting sex workers, and receiving any sort of support from the sex work of others.

West Virginia Prostitution Laws

 

Prostitution Laws of West Virginia

  • §61-8-5: Houses of ill fame and assignation; penalties; jurisdiction of courts
  • §61-8-6: Detention of person in place of prostitution; penalty
  • §61-8-7: Procuring for house of prostitution; penalty; venue; competency as witness; marriage no defense
  • §61-8-8: Receiving support from prostitution; pimping; penalty; prostitute may testify

 

§61-8-5: Houses of ill fame and assignation; penalties; jurisdiction of courts

(a) Any person who shall keep, set up, maintain, or operate any house, place, building, hotel, tourist camp, other structure, or part thereof, or vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation; or who shall own any place, house, hotel, tourist camp, other structure, or part thereof, or trailer or other conveyance knowing the same to be used for the purpose of prostitution, lewdness, or assignation, or who shall let, sublet, or rent any such place, premises, or conveyance to another with knowledge or good reason to know of the intention of the lessee or rentee to use such place, premises, or conveyance for prostitution, lewdness, or assignation; or who shall offer, or offer to secure, another for the purpose of prostitution, or for any other lewd or indecent act; or who shall receive or offer or agree to receive any person into any house, place, building, hotel, tourist camp, or other structure, or vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose; or who for another or others shall direct, take, or transport, or offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building, hotel, tourist camp, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation; or who shall aid, abet, or participate in the doing of any acts herein prohibited, shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period not less than six months nor more than one year, and by a fine of not less than one hundred dollars and not to exceed two hundred fifty dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for a period of not less than one year nor more than five years.

(b) Any person who shall engage in prostitution, lewdness, or assignation, or who shall solicit, induce, entice, or procure another to commit an act of prostitution, lewdness, or assignation; or who shall reside in, enter, or remain in any house, place, building, hotel, tourist camp, or other structure, or enter or remain in any vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation; or who shall aid, abet, or participate in the doing of any of the acts herein prohibited, shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than sixty days nor more than six months, and by a fine of not less than fifty dollars and not to exceed one hundred dollars; and upon conviction for the second offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred dollars and not to exceed two hundred fifty dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiaryfor not less than one year nor more than three years. The subsequent offense provision shall apply only to the pimp, panderer, solicitor, operator or any person benefiting financially or otherwise from the earnings of a prostitute.

(c) All leases and agreements, oral or written, for letting, subletting, or renting any house, place, building, hotel, tourist camp, or other structure which is used for the purpose of prostitution, lewdness, or assignation, shall be void from and after the date of any person who is a party to such an agreement shall be convicted of an offense hereunder. The term "tourist camp" shall include any temporary or permanent buildings, tents, cabins, or structures, or trailers, or other vehicles which are maintained, offered, or used for dwelling or sleeping quarters for pay.

(d) In the trial of any person, charged with a violation of any of the provisions of this section, testimony concerning the reputation or character of any house, place, building, hotel, tourist camp, or other structure, and of the person or persons who reside in or frequent same, and of the defendant or defendants, shall be admissible in evidence in support of the charge. Justices of the peace shall have concurrent jurisdiction with circuit, intermediate, and criminal courts to try and determine the misdemeanors set forth and described in this section.

§61-8-6: Detention of person in place of prostitution; penalty

Whoever shall by any means keep, hold, detain or restrain any person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly, keep, hold, detain or restrain, or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any person by any means, for the purpose of compelling such person, directly or indirectly, to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by such person shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than one nor more than three years: Provided, That in any offense under this section where the person so kept, held, detained or restrained is a minor, any person violating the provisions of this section shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two years nor more than five years or fined not more than five thousand dollars, or both.

§61-8-7: Procuring for house of prostitution; penalty; venue; competency as witness; marriage no defense

Any person who shall procure an inmate for a house of prostitution, or who, by promises, threats, violence, or by any device or scheme, shall cause, induce, persuade or encourage a person to become an inmate of a house of prostitution, or shall procure a place as inmate in a house of prostitution for a person; or any person who shall, by promises, threats, violence, or by any device or scheme cause, induce, persuade or encourage an inmate of a house of prostitution to remain therein as such inmate; or any person who shall, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procure any person to become an inmate of a house of ill fame, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into or leave this state for the purpose of prostitution, or who shall procure any person to become an inmate of a house of ill fame within this state or to come into or leave this state for the purpose of prostitution; or shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any person to become an inmate of a house of ill fame within this state, or to come into or leave this state for the purpose of prostitution, shall be guilty of pandering, and, upon a first conviction for an offense under this section, shall be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for a period of not less than one nor more than five years: Provided, That where the inmate referred to in this section is a minor, any person violating the provisions of this section shall be guilty of a felony, and, upon conviction shall be confined in the penitentiary not less than two years nor more than five years or fined not more than five thousand dollars, or both. It shall not be a defense to prosecution for any of the acts prohibited in this section that any part of such act or acts shall have been committed outside of this state, and the offense shall in such case be deemed and alleged to have been committed and the offender tried and punished in any county in which the prostitution was intended to be practiced, or in which the offense was consummated, or any overt act in furtherance of the offense was committed. Any such person shall be a competent witness in any prosecution under this section to testify for or against the accused as to any transaction, or as to conversation with the accused, or by the accused with another person or persons in his or her presence, notwithstanding his or her having married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution. The act or state of marriage shall not be a defense to any violation of this section.

§61-8-8: Receiving support from prostitution; pimping; penalty; prostitute may testify

Any person who, knowing another person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of such prostitute, or from money loaned or advanced to or charged against such prostitution by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall tout or receive compensation for touting for such prostitution, shall be guilty of pimping, and, upon the first conviction for such offense, shall be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars; and, upon a conviction for any subsequent offense hereunder, shall be punished by imprisonment in the penitentiary for a period of not less than one nor more than three years: Provided, That where the prostitute referred to in this section is a minor, any person violating the provisions of this section shall be guilty of a felony, and, upon conviction shall be confined in the penitentiary not less than two years or fined not more than five thousand dollars, or both. A prostitute shall be a competent witness in any prosecution hereunder to testify for or against the accused as to anytransaction or conversation with the accused, or by the accused with another person or persons in the presence of the prostitute, even if the prostitute may have married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution.