Married prostitutes may have to get their spouses' consent

Jiang Yi-huah (江宜樺), minister of MTI, explained at a press conference yesterday that it was just a suggestion made by scholars in a study commissioned by the ministry instead of a final decision. He said the committee suggested it because adultery is illegal by the current law.

The suggestion and other issues – whether to set up special zones, whether to hold a local referendum on the issue, and whether the trade could be operated by corporate entities – are all being studied and have yet to be finalized, he added.

Chi Hui-jung (紀惠容), legislator of the Democratic Progressive Party (DPP), said if prostitution is to be decriminalized, it would be just another occupation.“Do other jobs need your spousal consent?”She asked. “If it is not decriminalized, what's the point of getting spouses' consensus, it would still be illegal. And if sex workers need their spouses' consensus, do their customers have to ask for their spouses' permission too?”

Secretary general of Collective of Sex Workers and Supporters, Wang Fang-ping (王芳萍) said COI is not really helping the sex workers. These studies would only create more confusion and new problems

According to TVBS, a reporter confronted Jiang at the press conference and asked, “Would you sign the agreement if your wife asked you to?” Jiang said he refused to answer personal questions. The reporter furthered, “Do you need your spouses' consensus to be a minister? Isn't this discrimination? You said adultery is illegal. Can we sue our spouses for having extramarital affairs?”

“This is a very dumb study,” the reporter blasted. “Why do you waste our money on that?”

On Nov. 6 last year, Justices of the Constitutional Court announced the J.Y. Interpretation no. 666 saying that it was unconstitutional that the law only punishes the prostitutes but not the patrons. It suggested to decriminalize prostitution or to change the current laws. It ordered that the article that makes prostitution illegal shall become void within two years, which means laws have to be changed by Nov. 6 next year.

MTI had been seeking opinions from scholars, religious groups, representatives of sex workers, and the public in general to balance the rights of sex workers with concepts of decency.

Jiang said the public has contradicting views on prostitution. According to surveys done by MOI, 52 percent of the respondents agreed that prostitution should not be penalized. And if both sides agree, it should not be a punishable offense. 43 percent disagreed. 48.2 percent of the public said the government should give work permits for sex workers, while 43.4 percent disagreed. However, 47.8 percent of the respondents said prostitution should not be decriminalized, while 43.1 percent thought it should be.

On who should be punished if prostitution stayed illegal, 23 said only the prostitutes, 12 percent said only the patrons, while 28 percent said they had no comment.

According to the survey, 68.5 percent of the respondent said prostitution should be managed as an industry. 83.6 percent thought the government should set up special zones for prostitution. 40.3 percent said prostitution should be prohibited outside the designated area. 25.1 percent said the areas should not be restricted and prostitution should be allowed anywhere as long as it is registered.

Governments of Kaohsiung County, Taipei County, Taichung County, Tainan County, Penghu County, Hsinchu City, Taichung City and Pingtung County have agreed to set up special zones for prostitution. Governement of Taipei City and Chiayi City disagreed.

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