JAN.

26, 2014

NR # 3358

Sex workers are victims and not criminals

The time is ripe to treat sex workers as victims instead of criminals as currently provided under the countrys antiquated penal code. There is need for Congress to undertake a critical review of our archaic laws and policies, and one crucial step is the repeal of Articles ! and "#$ of the %evised &enal Code which, sadly, treats sex workers and other individuals exploited into prostitution as criminal perpetrators instead of victims,' %ep. %ufus %odrigue( and %ep. )aximo %odrigue(, *r. propose under +, " --. +, " -- is entitled An Act addressing the system or prostitution, imposing penalties on its perpetrators, providing protective measures and support services for its victims, and decriminali(ing .agrancy, repealing for the purpose Articles ! and "#$ of the %evised &enal Code and amending %.A. - !/, and for other purposes.' 0ven as the 1ill 23ection #4 provides actions falling under the definition of the crime of prostitution, 3ection 5 states6 Any woman, man or child, regardless of sexual orientation or gender identify, used or employed for another persons sexual gratification, pleasure and7or exploitation and for the monetary gain or profit of others, as defined in 3ection # of this Act, shall 1e treated as victims of prostitution.' As such, they 2victims4 shall not incur any criminal lia1ility under this Act, except those penali(ed under 3ection 8 214 of this Act,' the 1ill provides. 9n additional, the measure provides that the consent of the person exploited in prostitution to the commission of any of the acts defined in 3ection # of this Act shall not in any way exempt the offender from, or mitigate his7her criminal lia1ility. The 1ill 23ection 84 also provides for a list of offenses with penalties and sanctions ranging from six months to ! years imprisonment and fines ranging from &5!!,!!! to & :)illion, depending on the violations as classified under 3ection #. The authors likewise propose that persons exploited in prostitution may file independent civil cases for damages against the persons, natural or ;uridical, responsi1le for their exploitation. 9t also provides that provinces, cities and municipalities shall 1e lia1le for damages, in addition to any other criminal or administrative lia1ility under existing laws, to persons exploited in prostitution when it is proven that the responsi1le authorities had knowledge or were informed of the activities constituting prostitution 1ut did not take proper action within a reasona1le period of time.

<nder the 1ill, the responsi1le authorities shall 1e deemed to have knowledge of the prostitution activities when the same are common knowledge in the community. The 1ill mandates that mem1ers of the =ational Anti:&rostitution Council 2Task >orce4 and ?3@?:accredited non:government organi(ations that are involved in the implementation of the anti:prostitution programs are granted immunity from suit and other legal proceeding in connection with the enforcement of said programs. >urthermore, any person who has personal knowledge of the commission of any offense under the proposed Act, or the person exploited in prostitution, the parents, spouse, si1lings, children or legal guardian, or the law enforcement agencies, or the Task >orce created under this Act may file a complaint for prostitution. <nder +, " --, prostitution is committed 1y6 (a4 any person who give or delivers money or any other consideration in exchange for the actual performance or mere demonstration of a sexual act 1y a person exploited in prostitution, regardless of whether the person giving or delivering money or any other consideration is the recipient of such sexual actA (b) Any person who offers another for sexual exploitation in exchange for money or any other considerationA (c4 any person who is a recipient of a sexual act, whether such recipient has given or delivered money or any other consideration for the procurement of a person exploited in prostitutionA &rovided, however, that for purposes of this Act, 1eing a recipient shall include persons or crowds 1efore whom a person exploited in prostitution has actually performed or merely demonstrated the sexual ActA and 2d4 any person who induces, persuades, entices, compels, kidnaps, recruits or in any manner procures or causes a person to serve in an esta1lishment knowing that the same is involved in prostitution activities or when he7she has reasona1le cause to 1elieve that such esta1lishment is involved in said activities, among other acts provided under 3ection #. 2"!4 dpt