PROVIDENCE — The General Assembly’s drive to criminalize indoor prostitution and apply harsher penalties against those convicted of trafficking minors for sex has hit an apparent dead end this year.
The House of Representatives ended its session early last Saturday morning and didn't address legislation relative to prostitution or human trafficking. The state Senate was set to meet Tuesday evening, but bills that would ban indoor prostitution or human trafficking were not posted on the Senate calendar, according to Shana Mancinho of the Legislative Press Bureau.
Bills that would criminalize indoor prostitution sponsored by Rep. Joanne Giannini, D-Providence, and Sen. Paul Jabour, D-Providence, have both passed the House and Senate, but are not identical. Both legislative branches must approve one identical bill to close a “loophole,” in the Ocean State’s statutes, which have kept prostitution legal indoors for almost 30 years.
The Senate has postponed a vote on its human-trafficking bill (S-605 A) that was introduced by Sen. Rhoda Perry, D-Providence. The proposals in Perry's bill are different from Giannini's sponsored-trafficking bill, (H 5661A), which cleared the House in a unanimous vote on June 25.
House Speaker William Murphy, D-West Warwick, said the General Assembly will reconvene for at least one day this month and address pending legislation in September. Mancinho said she is unsure on specific bills the House will address.
The Senate passed a bill (S-0956) to criminalize indoor prostitution in a 35-to-0 vote on June 18, which was sponsored by Jabour that would subject prostitutes, johns and property owners who are found guilty of a first offense to a “violation” and a fine.
Property owners would face up to three years in prison and fines of up to $10,000 if they are guilty of being repeat offenders of allowing prostitution to take place on their properties.
Giannini said she removed criminal penalties in her prostitution bill (H-5044 A) against landlords.
Jabour fended off concerns expressed by the Rhode Island State Police that the Senate bill doesn’t apply harsh enough criminal penalties. “It depends on the leadership in the Assembly to find an agreement on this issue. My bill has the provisions that allow law enforcement to go behind closed doors. The first offense in my bill is not like being stopped for a speeding ticket like the attorney general’s office has said, because when you’re stopped for a speeding ticket you’re not fingerprinted and brought into court,” said Jabour.
Giannini said she is "disappointed" the House prostitution bill has not received a hearing by the Senate Judiciary Committee. She said Sen. Jabour's prostitution bill "does not close the indoor prostitution loophole, and weakens the existing law."
“We need a starting line. My concern is to get law enforcement behind closed doors. I’m a lawyer and I’m approaching this from a legal perspective, and property owners should be penalized, too,” said Jabour, a parishioner of St. Mary Church, Providence.
State Police Supt. Col. Brendan Doherty has repeatedly emphasized that criminalizing indoor prostitution would give law enforcement the tools to combat human trafficking by allowing officers to interview women inside brothels and acquire information on traffickers.
Donna Hughes is a Women's Studies professor at the University of Rhode Island and co-founder of Citizens Against Trafficking, and called the Senate version of the prostitution bill "outrageous" in a statement released on Tuesday morning. She said the Senate's bill would repeal anti-pimping laws with a statute called "permitting prostitution" with a penalty of $1,000.
Hughes emphasized the Senate bill has "repealed pandering, recruiting someone for prostitution or a brothel," and repealed loitering "for indecent purposes in a school zone."
The State Police and the attorney general’s office support Giannini’s sponsored-bill on criminalizing prostitution indoors.
Jabour and Giannini maintain they are advocates for women who are victims of trafficking, and will continue to work to safeguard these individuals.
"My job is to correct what the problem is. I sympathize with people who have to resort to prostitution. I believe most people don't want to be in it," said Jabour.
"The bottom line is I've been working with Colonel Doherty and the attorney general's office on legislation to have a bill for tools to have the police shut down alleged brothels," said Giannini. She emphasized that the prostitution and trafficking bills introduced in the Senate would "make matters worse and not help what (she) has set out to do."
Giannini said that the Rhode Island Coalition Against Human Trafficking is against provisions in the Senate trafficking bill, which don't contain penalties against forced labor and provide immunity for people convicted of paying for sex.
Gov. Donald L. Carcieri has joined police chiefs, human-rights advocates and the Diocese of Providence in an effort to criminalize indoor prostitution. “We need to send the following message,” said Gov. Carcieri, during a news conference held at the State House on June 18. “Prostitution is illegal, no matter where it takes place.”
“Indoor prostitution is illegal in every other state throughout the nation except Rhode Island and in certain counties in Nevada,” said Gov. Carcieri. “This issue destroys the moral fabric of our state and diminishes the quality of life.”
Father Bernard A. Healey, governmental liaison for the Diocese of Providence, explained that prostitution objectifies and degrades women, leading to a decay of our society and culture.
“It is absolutely scandalous that Rhode Island is becoming an isle of brothels as prostitution escapes enforcement by the police because of legal loopholes,” said Father Healey. “Thankfully, Rep. Giannini and Sen. Jabour have stepped up and introduced the appropriate legislation to close this loophole and I applaud their efforts.”
