Sex Work and Human Rights

Posts tagged “transgender

“Thank you, Amnesty, for having been so brave”

[Starts at 36:15] Statement by Lucien Lee, a trans* female sex worker activists from South Korea, in response to Amnesty International’s sex work policy decision,* read out by N’jaila Rhee on episode 61 of This Week in Blackness TWiB! AfterDARK.

Image by Lucien Lee @spermicus All Rights Reserved“This is Lucien Lee from South Korea. I’m a trans woman and at work, I either put on a strap-on and get behind my male clients or receive their penises in me. I’ve been doing this since November 2012. Sex work has given me hope that one day, I will be able to pay for my sex reassignment surgery and lead a life like any other ordinary lesbian. But as it is in the US, sex work is still criminalised in South Korea. If I ever get caught by the police, the fine or bribe I would have to pay would be too much for me. Recently, somebody reported my website, where I advertise my services to potential sex buyers, to the authorities. I was terrified when I got a message from a police officer. The police have never been there for me, like when I was sexually assaulted by a teenager who couldn’t afford to pay for my services. After the incident, I couldn’t go to the police because he threatened to report me for being a prostitute.

I hate everyone who criminalises my work, lets me get raped, and cockblocks my efforts to be a part of the lesbian sisterhood. I’ve been donating monthly to Amnesty for years, and I was thrilled this organisation that has been advocating for all the people in jail who stood up against mandatory military conscription in both Koreas now speaks in favour of all sex workers. I must say, thank you, Amnesty, for having been so brave all these years. Thank you for helping me to help myself. Thank you for protecting me from being raped again. This is Lucien Lee, a godless Seoulite.”

* [1] Global movement votes to adopt policy to protect human rights of sex workers
[2] 국제앰네스티, 성노동자 인권 보호를 위한 정책 채택


Re-blogged: Will South Korea’s queer movement embrace or abandon MTF transgender sex workers?

Lucien Lee at the 2014 Korea Queer Festival in Seoul. Photo by KQCF (left) and Lucian Lee (right) All Rights Reserved.

Lucien Lee at the 2014 Korea Queer Festival in Seoul.
Photo © KQCF (left) and © Lucian Lee (right). All Rights Reserved.

By transgender sex worker Lucien Lee in Seoul

한국어 원본을 보시려면 여기를 누르세요.
Please note that the different copyrights for the respective photos.

Homosexuals once used to be outlaws, persecuted by the police and at the mercy of powerful justice systems in countries we now refer to as advanced. However, many places remain where homosexuals continue to be persecuted and even killed. In South Korea, however, homosexuals have never been outlaws. Unless a homosexual male engages in sexual activities with another person of the same gender while on leave from his mandatory military service, in which case the infamous Article 92 (6) of the Military Criminal Code, also known as “Sodomy Law”, applies, South Korea does not outlaw homosexuality. [1]

That may have been the reason why South Korea’s queer community had great difficulties to accept it when sex workers, who are criminals according to the 2004 Anti-Sex Trade Laws, joined the 2013 Korean Queer Festival and identified themselves as sexual minorities oppressed by sexual morality. Comments like “What are you whores doing here?” came as no surprise because nobody would want to mingle with outlaws.

When I joined the Korea Queer Festival a year later as a transgender sex worker together with other sex workers, the reactions from people were quite different. Maybe that was because they couldn’t easily other me as a non-queer “whore” because I am a male to female transgender person. That day, we handed out a thousand copies of “A letter from independent sex worker ‘T’ to the LGBAIQ community”. [2] But other than that, sex workers’ rights are still not considered a part of queer issues.

Various research reports provide data about the ratio of sex workers among transgender people but those figures vary widely due to their limited sample sizes. It is undeniable, however, that those working at Itaewon’s transgender bars are the most visible group of South Korea’s transgender community.

On May 23rd, 2015, South Korean daily Dong-a Ilbo featured an article about transgender sex workers, which revealed the particular locations, times, and how much money is required to buy sexual services. But even before that article, it was impossible to hide transgender sex workers from the public view, and this visibility, together with a greater awareness among the cis-straight society in general, will likely result in police raids specifically targeting transgender sex workers, just as they targeted and demolished red light districts before.

A taxi driver interviewed for the abovementioned article said, “I’ve been a taxi driver for almost twenty years, and they [transgender sex workers] were already here when I started.” Traditionally, sex work is often the only viable source of income for male-to-female transgender people. We cannot survive economically if such a transgender-specific persecution occurs. We cannot easily change our jobs.

Sex workers and activists protest in front of South Korea's Constitutional Court. © 2015 Matt Lemon Photography. All Rights Reserved.

Sex workers and activists protest in front of South Korea’s Constitutional Court.
© 2015 Matt Lemon Photography. All Rights Reserved.

On April 9th, 2015, a first public hearing was held at South Korea’s constitutional court in the ongoing review to determine whether the 2004 Anti-Sex Trade Laws are unconstitutional. Article 21 (1) of the Anti-Sex Trade Laws Punishment Act penalises sellers of sexual acts with up to one year in prison or fines of up to 3 million won (approx. £1,765/€2,485/$2,735), except for those who were coerced. The article is not gender-specific and therefore applies to male and transgender sex workers, too.

The female sex worker, whose arrest and subsequent trial led to the constitutional review, standing in the middle of the above photo, argues in favour of the decriminalisation of sex work limited to female sex workers only. However, members of South Korean feminist organisations, who used to advocate for what they referred to as “decriminalising female prostitutes”, have spoken out against this woman as they fear that if the article were to be ruled unconstitutional, buying sexual acts would also no longer be criminalised. Even if one were to accept their opinion that female sex workers are victims of a capitalist system, and hence innocent, whereas male buyers are guilty, their insistence on keeping the 2004 Anti-Sex Trade Laws makes no sense, as it punishes innocent people.

Korean anti-prostitution activist. © 2015 Matt Lemon Photography. All Right Reserved.

Anti-prostitution activist holding up signs saying
“There are things in the world that cannot be traded.”
© 2015 Matt Lemon Photography. All Rights Reserved.

Despite the importance of this review, none of the LGBT organisations has so far made their stance on this issue publicly known. That is one of the reasons why, although the sexual minority movement is often referred to as “LGBT” or “queer” movement, in reality, it is more considered as a “homosexual” movement by the public.

Police raids targeting transgender sex workers would force transgender people to organise demonstrations in the same way as sex workers working at the Yeongdeungpo red light district did to protect their right to survive. If such protests were to happen, I wonder what stance LGBT organisations would take. Would they abandon transgender sex workers or stand together with them? Let us all take this very seriously and think about it together. See you all at the 2015 Korea Queer Festival.


Footnotes

[1] While engaging in sexual activities on military premises is generally forbidden, Article 92 (6) of the Military Penal Code states that “anal intercourse or other harassment against any person … shall be punished by imprisonment of up to two years” even if it occurs while on leave. LGBT rights’ activists argue that this paragraph is used to single out sexual relations between members of the same sex.

[2] A small clarification for readers less familiar with the acronyms: LGBTAIQ stands for lesbian, gay, bisexual, transgender, asexual, intersex, and queer, and the T was here purposefully left out as ‘T’ addressed the LGBAIQ community.


Translation by Lucien Lee. Edited by Matthias Lehmann. I would like to thank Lucien Lee for her permission to reblog this article. The English version differs slightly from the Korean original and features two different photos. Footnotes were added for further clarification.


A fair deal? – South Korean sex workers’ earnings at home and abroad

Currency - Photo by Alexis (free for commercial use)
Summary

In January and April of this year, police in Macau twice busted prostitution businesses involving South Korean brokers and sex workers offering sexual services. In its press briefings, the Macau police released information about the fees clients were charged, and the earnings of the sex workers involved. Discussing the details of these arrangements with sex workers in South Korea revealed that women migrating to sell sexual services in Macau can earn considerably more than the average sex worker in South Korea, where, as trans* sex worker activist Lucien Lee commented, they are threatened by “constant raids, ‘End Demand’ strategies, and social stigma”.

None of the below represents an endorsement or critique of whatever arrangement sex workers enter into with third parties. It is merely intended to explain some of the arrangements in existence and to illustrate that for as long as sex work will remain criminalised in South Korea, some sex workers will choose to sell sexual services abroad if it promises higher earnings, and take the risk of being arrested there, if they face the same or even a higher risk at home anyway.

Media reports about arrests in Macau

In April, police in Macau busted yet another “organised prostitution syndicate” involving South Korean nationals, following a similar bust in January. In both instances, sex workers had apparently agreed with brokers to travel to Macau on tourist visas. Although they were paid for their work, South Korean media outlets (see here, here and here) reported these events as cases of “sex trafficking”, as they regularly conflate consensual adult sex work and human trafficking for the purpose of commercial sexual exploitation of adults. They also nonchalantly reported about the indictment of the sex workers involved, which should actually have allowed them to connect the dots.

In the previous case, the Macau Daily Times reported “that the women in their 20s to 30s, arrived in Macau as tourists and stayed at a luxurious apartment, which was arranged by the detained suspect, for between ten and 30 days. The suspect also hired other brokers to show the women’s photos to potential clients on mobile phones”. Both the Macau Daily Times and South Korean daily Donga Ilbo reported that “it cost 850,000 to 2.1 million won (approx. 790-1,945 U.S. dollars) for a one-time sex trade”, and the Donga Ilbo had learnt that “350,000-1.7 million won (approx. 324-1,574 dollars) was paid to those women”. In the recent case, the Macau Daily Times reported that “the amount of money requested for each sexual service, as the police representatives said, ranged between HKD 6,000 and HKD 20,000. This money, initially kept by either the pimp or the driver, would later be used to compensate the sex workers when they departed the city. The prostitutes would only receive HKD 2,000 as remuneration for each deal regardless of the amount received from clients.”

Hotel Central in Macau - Photo by Abasaa WikiCommons

When I discussed with trans* sex worker activist Lucien Lee whether or not the above outlined arrangement in the second case represented a fair deal, she commented:

“Abolitionists usually say something along the lines that if ‘pimps’ get a greater share of the profits then of course it must be exploitation, and that the sex industry is evil. But they seem to forget how the rest of the society works. Do other workers receive more than 50% of their employers’ revenue? I think that’s exactly why operators shouldn’t be punished. If there were more of them, they would have to compete amongst themselves and only those who took a smaller share from the sex workers’ earnings would survive. That said, I would also accept the deal those women got in Macau if I were a cis woman myself. However, the fact that sex workers consider working abroad in the first place not only has to do with how much they might be able to earn there, but also with the constant raids, ‘End Demand’ strategies, and the social stigma that may affect their families if they were caught at home.”

Before moving on to the earnings of sex workers in South Korea, it is interesting to note that the sex workers in the first case were reportedly “in their 20s to 30s”, while in the second case, the 21 women “involved in the two-month long prostitution operation“ were aged between 24 and 37 years. Thus, both cases run counter to the claims commonly put forward by prostitution prohibitionists that operators of prostitution businesses exclusively seek to employ very young women (under 21 years of age).

South Korean sex workers’ earnings

For argument’s sake, the lower fees paid to the sex workers in the second case will be used to compare the earnings of South Korean migrant sex workers in Macau to those of local sex workers in South Korea. The HK$ 2,000 that the sex workers in that case earned per client equal approx. £170 | US$ 260 | €240 | ₩280,000, which is considerably more than the average earnings of sex workers in South Korea. An independently working female sex worker recently told me that she charged clients between ₩100-150,000 (approx. £60-90 | US$90-140 | €80-120) for sessions lasting between 60 and 90 minutes. Previously, while working at a room salon, she earned ₩30-60,000 (approx. £18-36 | US$ 27-55 | €24-48) per every hour spent with a client. An independently working trans* sex worker told me she charged her clients ₩100,000 for a 3-hour session (approx. £62 | US$ 92 | €86). She added that other trans* sex workers charged the same amount for 2-hour sessions. A third sex worker reported that room salons pay sex workers around ₩70-90,000 (approx. £60-90 | US$90-140 | €80-120) to entertain and drink with clients, and ₩140,000-200,000 for sexual intercourse at nearby hotels (approx. £87-124 | US$130-185 | €120-173). She added that she preferred working at hyugetels (massage parlours), where she would earn ₩50-75,000 (approx. £31-46 | US$46-69 | €43-65) for sessions lasting 30, 40 or 50 minutes. Here, customers paid ₩80-140,000 (approx. £50-87 | US$74-130 | €69-120), meaning that sex workers received between 50 and 62% of what their clients paid to the operator.* Although the article by the Macau Daily Times doesn‘t specify the duration the South Korean sex workers spent with each client, they still earned considerably more than these three sex workers in South Korea, which illustrates that at least some sex workers seem to prefer arrangements to work in a foreign country. As a comparison: the hourly minimum wage in South Korea is currently ₩5,580 (approx. £3.41 | US$5.18 | €4.77).

Conclusion

As stated above, this article does not represent an endorsement or critique of whatever arrangement sex workers enter into with third parties or, put another way, what arrangements third parties offer to sex workers. There would certainly be a case to make that the outlays of the operators in these two cases couldn’t have been insignificant, considering the airfare for everyone involved and the costs for the luxury accommodations, in the more recent case “11 different apartments in Taipa”, the smaller of the two islands in Macau, which features expensive resorts and predominantly upscale apartment complexes. Naturally, they would have also wanted to generate a profit for themselves, which, should they have adhered to all previously made agreements with the sex workers involved, may be illegal but not immoral. All that, however, is speculative, and this article merely intends to explain some of the arrangements between sex workers and third parties currently in existence, and to illustrate that for as long as sex work will remain criminalised, some sex workers will choose to migrate and sell sexual services abroad if the potential benefits outweigh the risks involved. And the comparatively lower risk of getting caught is exactly what at least the brokers in the second case used as an argument to convince sex workers to travel to Macau.

Granted, all of the above is based on press briefings by the police in Macau and South Korea and on statements from a small number of South Korean sex workers. However, the sex workers who have spoken with me all appeared to have sound knowledge of the existing deals under which sex workers in South Korea currently operate, and Lucien Lee’s statement should suffice to challenge the existing notion that receiving a smaller share of what clients pay operators for sexual services renders a transaction exploitative per se. In addition, it is important to note that sex workers do not agree with the criminalisation of third parties involved in their work. As a briefing paper by the Global Network of Sex Work Projects (NSWP) states, “where third parties are criminalised, sex workers suffer the consequences of that criminalisation” as it forces them to work more unsafely. As always, the message is clear: if you want to understand the conditions under which sex workers work, you only need to listen to them.


*Sex workers’ earnings: ₩50,000/30 min; ₩60,000/40 min; 70-75,000/50 min; customers’ payment: ₩80-100,000/30 min; ₩100-120,000/40 min; 120-140,000/50 min.