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How to deal with world's oldest profession in Taiwan

Two sympathetic magistrate court judges have finally forced the Council of Grand Justices to declare the punishment meted out to unlicensed prostitutes unconstitutional. The constitutional court also ruled last Friday that their customers shall be punished. It's a landmark decision to regulate the world's oldest profession in Taiwan.

What was declared unconstitutional was Article 80 of the Social Abuses Act, whose two paragraphs demand a detention of three days or a fine of less than NT$30,000 for anyone found to have solicited in public or have sex with a client in exchange for monetary remuneration. That is a sweeping amnesty to white slaves, be they forced or voluntary. Lin Chun-ting and Yang Kun-chiao, judges at the Yilan and Lotung magistrate courts, respectively, made their joint request to the grand justices to rule on the constitutionality of the two paragraphs of the article after they had found it difficult to pass judgment on prostitutes close to 50 years of age. They knew the old prostitutes who have no other means to make a living could not afford the fine or stay behind bars for even a mere three days. The judges were happy because they can acquit any similar offenders now that the constitutional court has ruled the two paragraphs shall become invalid in two years.

The grand justices, on the other hand, are requiring the Ministry of the Interior to come up with an amendment to the article in those two years to better regulate the sex industry, which is legal in Taiwan, where there are still 51 licensed prostitutes.

Whatever comes out as an amendment certainly will not satisfy all the people, of course. For one thing, many men do not want to be punished for satisfying their libido out of wedlock. There are a large number of young bachelors, who feel sex is a natural right. They demand they be absolved. That's why social workers believe more red light districts have to be set up to cater to their need. Naturally, moralists oppose ubiquitous legal brothels. Women's rights advocates are happy no prostitutes will be arrested and fined or put into police custody for three days, but the problem is that many of stick or party girls or online solicitors voluntarily engage in the sex trade to milk fat cats or sugar daddies or dirty old men to indulge their vanity. Shouldn't they, both the girls and their customers, be punished?

The authorities concerned should hold a series of public hearings to find out a commonly acceptable consensus on our sex trade before they try to write any amendment to the now controversial article, albeit it may be a mission impossible.

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