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House bill looks to decriminalize NH prostitution

By Staff | Jan 29, 2016

Three female lawmakers have introduced legislation that would decriminalize prostitution for consenting adults in New Hampshire.

As written, the bill advocates for dropping certain criminal charges related to prostitution – unless committed against minors or without consent – in a larger effort to reduce violence and exploitation in the sex industry.

Supporters say decriminalization of "sex work" is supported by worldwide health and human rights agencies such as Amnesty International, the World Health Organization, the International Labour Organization, Human Rights Watch and the Global Commission on HIV and the Law.

State. Rep. Elizabeth Edwards, a Manchester Democrat and prime sponsor, said look no further than the failed war on drugs to showcase a prohibition will have unpleasant and unintended consequences.

Women who are classified as sex workers are pushed into the margins and are oftentimes without representation or health care, said Edwards, a first-term legislator.

"I think that this is a public health and safety issue, as well," she said. "And it’s obvious that prohibition isn’t working – there’s still prostitutes and they deserve due process and access to the legal system."

Reps. Carol McGuire, an Epsom Republican, and Amanda Bouldin, Manchester Democrat, also have signed onto the bill.

The House Committee on Criminal Justice & Public Safety held a public hearing Thursday on the legislation. The committee clerk said no action was taken.

In an email to The Telegraph, the House majority leader’s office maintained opposition to the measure. Majority Leader Richard Hinch, R-Merrimack, had previously objected to it in an NH1 story.

A fiscal report, provided with the legislation, from the New Hampshire Municipal Association states legalizing prostitution, when it comes to consenting adults, may result in a decrease in local expenditures if law enforcement expenditures decrease. The association, however, could not estimate any potential expenditure drops while the state Department of Justice noted such offenses are prosecuted at the local and county level and have no impact on their expenses.

Bella Robinson, executive director of CoyoteRI (an acronym for Call Off Your Old Tired Ethics), supported the decriminalization because it would allow equal protection under the law for sex workers to report violence and exploitation to law enforcement without the fear of arrest or persecution.

"Criminalization of prostitution is a failed policy. It hasn’t stopped anyone from ‘buying or selling’ sex, but it has caused a lot of collateral damage," said Robinson, identified on the RIFuture.org website as a sex worker and activist, in a post speaking of her testimony.

House bill No. 1614 is not the only proposed legislation related to prostitution in the chamber.

A separate bill, sponsored by four Republican males, would make it a misdemeanor to purchase or offer to purchase sexual contact.

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