PROVIDENCE — www.projo.com- It is a dubious distinction and one Rhode Island can’t seem to shake.
Despite years of effort and dozens of bills, this state is the only place in the nation –– apart from certain counties in Nevada –– where prostitution is legal, as long as it’s indoors.
Under current state law, only streetwalkers, their pimps and their customers can be charged.
But a group of lawmakers has revived the perennial call to close the loophole, criminalizing the act as a misdemeanor no matter where it takes place.
“It is high time we close the loophole because this is one thing we should not be proud of in Rhode Island,” said Portsmouth Rep. Amy Rice, a member of the House Judiciary Committee, which heard testimony on the bill Wednesday.
Among the supporters are the state Police and the attorney general’s office.
“Do you want to make prostitution legal or illegal? You pick, it’s up to you guys, but right now we have a mixed message,” Joee Lindbeck, lobbyist for Attorney General Patrick C. Lynch, told the committee. “The same woman who is [engaging in] prostitution indoors can then go outdoors and get arrested for the same thing. It’s inconsistent.”
But the General Assembly has been loath to change the law, in part because of opposition from groups including the American Civil Liberties Union and several women’s rights organizations who say the bill would harm victims of sex trafficking by subjecting them to prison terms and property forfeiture. They emphasize that Rhode Island already has felony statutes that deal with pimping, harboring for prostitution and deriving support from prostitution.
“All that closing the so-called loophole can do is punish more women,” said Steven Brown, executive director of the Rhode Island Affiliate of the ACLU.
In effort to quell those concerns, cosponsor Joanne M. Giannini, D-Providence,[pictured] submitted an amendment Tuesday that would exempt women who are “compelled into prostitution.” She has also submitted a second bill, which would increase the punishment for human trafficking of a minor to a fine of at least $40,000 and a prison sentence up to life.
Critics, including Rose Perry, a Providence mother and member of the group Direct Action for Rights and Equality, said that even with the amendments the latest proposal ignores the harsh reality of what it takes for some families to survive in tough economic times.
“What about the woman who has children who is mainly prostituting to provide for them?” Perry asked. If she gets arrested “the children are going to go to [the Department of Children, Youth and Families] and that’s going to be more state expense and then more expense for the woman going to jail. It’s just ruining families. I feel what goes on behind closed doors should stay behind closed doors.”
Several legislators said a flagging economy does not excuse condoning prostitution.
But after several hours of testimony on both sides of the issue, the committee took no action.
Prof. Donna M. Hughes, who teaches women’s studies at the University of Rhode Island, said it’s time for excuses to end. “When women’s groups and service organizations oppose changing the prostitution law –– unintentionally maybe –– what they do is they give the politicians cover not to do anything about the problem,” she said.
The last time the proposal was introduced, a year ago, House Majority Leader Gordon D. Fox, D-Providence, said his chamber planned “to look very carefully at closing this loophole once and for all.”
On Wednesday, Fox declined comment on this year’s version. A spokesman for House Speaker William J. Murphy said no decisions will be made about the proposal until it moves through the committee process.