Deport sex workers, pimps • Public Safety officials call for amendment on prostitution law to give police more powers to prosecute
As if the three-year limit stay is not yet enough, the CNMI government apparently found another good reason to send nonresidents back home: Deportation of sex workers.
However, lawmakers were quick to point out that including deportation in the list of possible penalties that may be meted out against sex workers would block increase of prostitution cases in the CNMI.
The Department of Public Safety made the recommendation to the CNMI Legislature as it called for an immediate review of the existing law against prostitution. Police wants the law to have more teeth in terms of prosecution.
DPS officials want the Legislature to come up with measures that would legalize the deportation of any non-US citizen found guilty of the first prostitution offense, even if categorized as a misdemeanor.
Sen. Joaquin Adriano, chairman of the Senate Committee on Executive Appointments and Governmental Investigations, disclosed plans to introduce measures that would institute stricter punishment against individuals engaged in the flesh trade.
Mr. Adriano said the Senate will work closely with its legal counsel to discuss ways that would improve the existing law against prostitution. He backs clamor by DPS for more powers to prosecute suspected sex workers and pimps.
DPS Commissioner Charles W. Ingram said the problem with the existing law is the vagueness in the description of the offense. “It gives police and judges too much discretion in the process of prosecution and conviction.”
The need to regulate behavior in public places has to be very explicit in what type of activity is prohibited, and the prohibitions need to be known to the public, said Mr. Ingram.
Mr. Ingram explained that law enforcers have to explain to offenders that they are involved in an illegal activity and only at the second offense can law enforcers make arrests and prosecution.
He said the Municipal Code of the City of Tacoma in Washington addressed this concern by making it clear that requesting or agreeing to commit any sexual act with anyone for a fee is unlawful.
Under the Tacoma Prohibited Acts of Prostitution, it is unlawful to secure or offer to secure another for the purpose of committing any such act or to loiter in or near any thoroughfare open to public manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution.
It also includes provision on transporting anyone to any place where the act may be committed, to agree, receive or offer to receive anyone into any place for the purpose of performing such act, to direct anyone to any place for that purpose and in any way aid, abet, or participate in such.
The Code also listed measures how to detect whether a person is guilty of patronizing a prostitute; it includes payment of charges, agreement to pay a fee and solicits another person to engage in sexual conduct with a fee.
The commissioner also recommended to Legislature mandatory HIV testing for persons arrested for a prostitution-related offense and those who have prior conviction of or has pled guilty to a prior prostitution-related offense.
Mr. Ingram also asked the Legislature to authorize police officers to impound the vehicle of any individual soliciting or offering to engage in prostitution or used to transport prostitutes.
“I believe that all these would greatly increase our capabilities to curb the ongoing street prostitution in Garapan,” the commissioner said. (EGA)