Gendered Outcomes in Prostitution Arrests in Houston, Texas

Abstract

This study analyzes the law enforcement response to prostitution in Houston, Texas, between 1977 and 2010 to examine whether the traditional approach to policing prostitution disproportionately penalizes women. Data included the disposition and sentencing information for 22,916 first-time prostitution arrests in Harris County. Using bivariate and multivariate analyses, we explored gender differences in the likelihood of receiving punishment, the type(s) of punishment received, and the amount of punishment for first-time prostitution offenses. We find that women were disproportionately arrested for prostitution and that women were more likely to receive a jail sentence for involvement in prostitution than men were. In contrast, male arrestees for prostitution were more likely to receive probation sentences and/or fines. This study adds to a robust body of literature suggesting that gender impacts sentencing in the criminal justice system. Yet, it is unclear whether the role of the arrestee—as either a buyer or seller—moderates the effect of gender. This quandary demonstrates the need for more comprehensive data collection about the role of the arrestee in the commercial sexual exchange.

Perceptions of provider power among sex buyers

“…She further argues that the sites of the most aggressive anti-prostitution efforts are often contested urban spaces in which coalitions of disparate interest groups unite behind an unacknowledged desire to excise “racial others” from gentrifying inner cities. In many parts of the USA, providers risk arrest and conviction for prostitution, often to a much greater extent than buyers, leaving them less likely to seek services and less empowered to seek legal protection from sexual and physical violence encountered in their work (Anderson et al., 2015; Dewey, 2011; Miller et al., 1993; Monto, 1998; Pfeffer et al., 2017; Weitzer, 2012). More recent efforts to reduce demand for prostitution in a variety of locations, including Sweden, Hong Kong, and some US states, have included arresting and prosecuting buyers, publicizing their names, and requiring them to attend diversion programs or “john schools.” These policies tend to reduce buyer power somewhat (Dempsey, 2010; Ekberg, 2004; Holt et al., 2008; Kong, 2015).…”

Examining Recidivism in a Prostitution Diversion Program

“…Heterosexual male sex workers can navigate risks more easily than females (Ellison & Weitzer, 2017). Women are more likely to be criminally held accountable for their involvement in the sex trade, whereas males are more likely to be fined or given probation (Pfeffer, Ormachea, & Eagleman, 2018). In addition, recidivism can be linked to the level of supportive services received upon arrest or engagement in social services (Benoit, Jansson, Smith, & Flagg, 2018; Dank et al, 2015; Lazarus et al, 2012; Preble, 2015), where gender and sexual minorities have been shown to be disproportionately denied access to these services because of their lesbian, gay, bisexual, transgender, queer (LGBTQ) status (Dank et al, 2015; Knutson, Koch, Arthur, Mitchell, & Martyr, 2016).…”

Criminal Justice System Outcomes for Buyers, Sellers, and Facilitators of Commercial Sex in Houston, Texas

“…Thus, the commercial sex trade consists of buyers (johns) who create a demand for paid sex with sellers, who supply sexual services for money. In some cases, facilitators (pimps, madams, or traffickers) may broker sexual encounters between buyers and sellers in exchange for a percentage of sellers’ profits (Pfeffer et al, 2017). The next section explores the roles buyers, sellers, and facilitators occupy in the commercial sex trade in more depth.…”

“…This dynamic is well known, but few studies have examined the relationship between gender and criminal justice system outcomes for individuals charged with prostitution within a specific jurisdiction. A recent study by Pfeffer, Ormachea, and Eagleman (2017) is informative because it relies on prostitution data from Houston, Texas, for the years 1977 to 2010 to demonstrate that women were more likely than men to be arrested and sentenced to jail for prostitution during this time period. In contrast, men were less likely to be arrested and more likely to receive a fine and/or probation instead of a jail sentence.…”

“…The present study addresses this gap by calculating logistic regression models separately for buyers and sellers of commercial sex to examine whether gender still influences criminal justice system outcomes after controlling for participants’ role in the prostitution offense. Similar to Pfeffer and colleagues’ (2017) study, the present study’s sample consists of 1,027 prostitution arrestees from Harris County (Houston), Texas.…”