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Footnotes
*This
paper is essentially the speech that
Ms. Nelson presented at the Michigan
Journal of Gender & Law Symposium
entitled Prostitution: From Academia
to Activism, held on October 31,
1992, at the University of Michigan
Law School. Most of its speechlike
characteristics have been preserved
so as to maintain its authenticity.
Vednita
Nelson is Advocacy Director of Women
Hurt in Systems of Prostitution Engaged
in Revolt (WHISPER), Minneapolis,
Minnesota. She has extensive experience
working with incarcerated women and
women-in-transition by providing
individual advocacy, employment counseling,
and emotional support to women reentering
the community. Currently, she facilitates
WHISPER's Educational/Support groups
for survivors of prostitution. Ms.
Nelson serves on the Women of Color
Health Alternatives Network and has
conducted workshops at state conferences
organized by the Minnesota Coalition
Against Sexual Assault and the Minnesota
Coalition for Battered Women.
(1) People
v. Powell, No. BA035498 (Super. Ct.
Los Angeles County, Cal. 1992). BACK
(2) Anecdotal
evidence of police harassment is
plentiful. See, eg., Jesse
Jackson, Fire and Loathing, THE
GUARDIAN, May 5, 1992, at 19. See generally
Racist Violence, THE 1992 WOMEN'S
WATCHCARE NETWORK LOG (Women's Project,
Little Rock, Ark.), Mar.-Apr. 1993,
at 12 (on file with the Michigan
Journal of Gender & Law) (giving
detailed descriptions of incidents
of brutality by white police officers
against African-Americans. For example,
the newsletter documents that in
Little Rock, Arkansas, during 1992,
there were five incidents where a
police officer shot a person. Each
of these incidents involved a white
male officer who had shot a Black
man.). BACK
(3) In
1989, 48% of those incarcerated as
a result of drug charges were Black.
CAROLINE W. HARLOW, U.S. DEP'T OF
JUSTICE, DRUGS AND JAIL INMATES,
1989 1 (1989). BACK
(4) "In
the 15 to 25 age group, the mortality
rate for black men is now 3.25 times
that for black women, with the principal
cause being gunned down by a member
of their own race." ANDREW HACKER,
Two NATIONS 75 (1992). Suicide is
the third leading cause of death
for young Black men. Sharon Shahid, We're
Saying If We Don't Try Something
New, We Are Doomed, USA TODAY,
Aug. 15, 1991, at Al I (citing The
Commission on African-American Males).
A report by the U.S. Department of
Justice's Sentencing Project indicates
that one-fourth of the nation's Black
men between ages 20 and 29 are in
prison, on parole, or on probation.
Michael Isikoff & Tracy Thompson, Getting
Too Tough on Drugs: Draconian Sentences
Hurt Small Offenders More than Kingpins, WASH.
POST, Nov. 4, 1990, at C1, C2. BACK
(5) Between
December 1991 and August 1992, 11
African-American women used in prostitution
were found dead in the Detroit Metropolitan
Area. Typically the women were offered
drugs in exchange for sex. They were
then sexually assaulted, strangled,
and left in abandoned buildings.
The serial murderer, Benjamin Thomas
Atkins, confessed in August 1992. See Valarie
Basheda, et al., Did Serial Killer
Slay 3 Women in Motel, 3 Others?, DET.
NEWS, Feb. 18, 1992, at IA; Jim Schaefer, Body
Found in Highland Park, DET.
FREE PRESS, Apr. 16, 1992, at I B;
Janet Wilson & Jim Schaefer, Police
Seek Trail of a Serial Killer, DET.
FREE PRESS, May 5, 1992, at 1A; Jim
Schaefer, Death Has Similarities
to 8 Others, DET. FREE PRESS,
June 16, 1992, at 3A; Joe Swickard & Jeffrey
S. Ghannam, Man Confesses He's
Serial Killer, DET. NEWS & FREE
PRESS, Aug. 22, 1992, at IA; Scott
Bowles & Ann Sweeney, Drifter
Charged in Highland Park Killings, DET.
NEWS & FREE. PRESS, Aug. 23,
1992, at IA. BACK
(6) See Jackson,
supra note 2; Paul Feldman, Jackson Issues
Call for Calm, L.A. Times, May
2, 1992, at B4. BACK
(7) Wilson & Schaefer, supra note
5, at 11A (quoting Rev. Jim Holley
of Little Rock Baptist Church). BACK
(8) Congressional
investigators with the General Accounting
Office, in an uncompleted study,
examined the four billion dollar
Federal job training program in 16
states and found that for the 1989
program year Blacks and women were
more likely than white men to be
channeled into lower-paying jobs. Flaws
are Found in Jobs Program, N.Y.
Timm, Aug. 20, 199 1, at A21. Forty
percent of all Black men in large
urban areas do not graduate from
high school. An equal percentage
of all Black men are functionally
illiterate. Shahid, supra note
4, at Al 1. In a Detroit school district,
where nearly all of the students
are Black, approximately two-thirds
of the boys and one-third of the
girls entering high school do not
graduate. Isabel Wilkerson, Detroit
Boys-Only School Facing Bias Lawsuit, N.Y.
Times, Aug. 14, 1991, at Al, A17. BACK
(9) See Aid
to Families with Children, 42 U.S.C. § 602(7)(A)
(1989). BACK
(10) Aid
to Families with Children, 42 U.S.C. § 602(7)(A)
(1989). BACK
(11) See
generally magazines such as
BIG BLACK Bazooms, BIG BLACK BITCH,
BIG TIT BLACK MILK, BLACK AND
Kinky, BLACK Whore, BLACK Fantasy, and Bitchin' BLACK Ass which
regularly depict African-American women in this
manner. BACK
(12) See
ARLENE CARMEN & HOWARD MOODY,
WORKING WOMEN: THE SUBTERRANEAN WORLD
OF STREET PROSTITUTION 184-85 (1985). BACK
(13) In
an interview with WHISPER, R.R. stated:
Young
girls get their role models from
somebody. In my family and in my,
neighborhood and around me was
that kind of lifestyle, the fast
lifestyle and that's where I got
mine ... pimps taught me, society
taught me, my neighborhood taught
me how, men in general taught me
that the way to get over is to
use my good looks and my body.
Interview
with R. R., Prostitution: A Matter
of Violence Against Women (WHISPER
Video, 1988) (on file with author). BACK
(14) For
example, in their study, Carmen and
Moody intimate tolerance of prostitution
by the Black community:
Prostitution
was no alien thing to black women,
who have been sexually exploited
since slavery. -In every Southern
city in the 1920s and '30s the
red-light district was on die other
side of the tracks in the black
ghetto, and young white boys "discovered
their manhood" with the help
of the two dollar whore." Prostitutes
were integrating blacks and whites
long before there was a civil rights
movement.
J
CARMEN & MOODY,. supra note 12,
at 184-85. BACK
(15) "The
overseer and white men took advantage
of the women like they wanted to.
The women had better not make a fuss
about such. If she did, it was the
shipping for her." Deborah G.
White, Ain't I a Woman? Female Slaves
in the Antebellum South 188 (1979)
(unpublished Ph.D. dissertation,
Univ. of Chicago (Chicago Circle))
(quoting Betty Powers, an ex-slave). BACK
(16) 16.
White, supra note 15, at 202-03. BACK
(17) "In
1988, the average fine for an African-American
woman for engaging [in prostitution]
was $212.50 and the average number
of days served is 43, while the average
fine for whites is ... $150.00. The
average number of days served for
white women is 20 days .... For gross
misdemeanor engaging in the same
year, the average fine for African-American
women was $125.00 while most served
time with an average stay of 96 days.
For white women the corresponding
figures are $200.00 and 18 days." Laura
Lambert, WHISPER, Summary of St.
Paul Prostitution Related Arrests
24 (1990) (unpublished study, on
file with author). Also, an unpublished
study conducted by WHISPER on prostitution
arrests in Minneapolis (Hennepin
County, Minn.) during the period
of January I through June 30, 199
1, revealed that African-American
women comprised 52% of those arrested
and convicted of prostitution, while
African-Americans (men and women)
only represent 13% of the population.
WHISPER, Prostitution: The Criminal
Justice Response in Minneapolis (1991)
(unpublished study, on file with
author). Nationally, while Blacks
constitute between 12% and 13% of
the overall population, they accounted
for a disproportionate 38.9% of the
1990 arrests for prostitution. HACKER,
supra note 4, at 180-81. BACK
(18) For
example, T.C., 25, with two children,
had a case plan which required her
to attend outpatient chemical dependency
treatment four times a week, attend
WHISPER groups one evening a week,
attend parenting classes two times
a week, and meet with a counselor
once a week. T.T., 22, with two children
under the age of four, was ordered
by the court to attend a full-day
program (childcare provided onsite),
attend WHISPER groups one evening
per week, and attend Alcoholics Anonymous
meetings once per week. Both of these
women had to use public transportation
and find their own childcare for
most of these meetings. In addition,
they had to meet with their probation
officers, child protection workers,
and representatives of the Welfare
Department, as well as make numerous
trips to court. WHISPER Confidential
Client Files (1991) (on file with
author). BACK
(19) K.
Alan Wesson, The Black Man's Burden:
The White Clinician, BLACK SCHOLAR,
July-Aug. 1975, at 13 (discussing
how easily a white clinician can
misdiagnose a Black client because
of language barriers). BACK
(20) Historical
documentation shows that corporal
punishment among Blacks dares back
to the slavery period. "Parents
had to go through a process of 'breaking'
their children, that is, beating
out or driving out all the rebellious,
aggressive, insubordinate, and hostile
behaviors that might get the children
(or the parents, or both) into serious
trouble with the slave master." JOANNE
M. MARTIN & ELMER P. MARTIN,
THE HELPING TRADITION IN THE BLACK
FAMILY AND COMMUNITY 24 (1985). Contemporary
Black women recognize that spanking
and similar behaviors are .'carried
out in the context of caring for
the daughters (and other family members)
and trying to instill the need to
be prepared and to be able to cope
within a society where choices for
Black women are frequently between
the dregs of the keg or the chaff
from the wheat." GLORIA 1. JOSEPH & JILL
LEWIS, COMMON DIFFERENCES: CONFLICTS
IN BLACK AND WHITE FEMINIST PERSPECTIVES
102 (1981). BACK
(21) Nancy
Boyd-Franklin, BLACK FAMILIES IN
THERAPY: A MULTISYSTEMS APPROACH
5 (1989). Resistance to therapy can
result from a reluctance to discuss
family problems with outsiders, particularly
whites, and from distrust of white
institutions. Boyd-Franklin, supra
at 19. In discussing this resistance,
Black family therapist Nancy Boyd-Franklin
stresses the importance of a personal
relationship with Black clients and
of earning, not expecting their trust.
Boyd- Franklin, supra at 164-65.
She advocates a multisystems approach
to therapy that incorporates problem-solving
techniques and concrete solutions
to concrete problems, as well as
adaptations of traditional family
therapeutic techniques. Boyd-Franklin,
supra at 158-75. BACK
(22) PETER
BELL ET AL., THE INSTITUTE ON BLACK
CHEMICAL ABUSE, DEVELOPING CHEMICAL
DEPENDENCY SERVICES FOR BLACK PEOPLE:
A MANUAL 4-6 (1990). BACK
(23) See
generally HACKER, supra note
4 (a comprehensive analysis of
the disparities between white and
Black America). BACK
(24) Unemployment
among African-Americans stands at
14%, which is twice as high as among
whites. One-third of all Blacks have
an income below the poverty line
($6,932 per year for one person),
whereas only one-tenth of all whites
live below the poverty line. Black
Women and Marriage, CAPITOL BULL.
NO. 573 (Minnesota Women's Consortium,
St. Paul, Minn.), Dec. 30, 1992,
at I (on file with the Michigan
Journal of Gender & Law). BACK
(25) African-Americans
constitute 50% of prison inmates
nationally but are only 12% of the
overall population. Black Women
and Marriage, supra note 24,
at 1. In Minnesota, although a mere
2.2% of the state population is Black,
19% of those arrested for "serious
crimes" are Black. Richard Chin, State's
Blacks Worse Of Than Blacks Elsewhere, ST.
PAUL PIONEER PRESS, May 10, 1992,
at IA, 10A. BACK
(26) Sociologist
Herman J. Blake figures that "at
the 1950-60 rates of change, it would
take 60 years in education, 93 years
in occupation, 219 years in income
of persons, and 805 years in family
income" for Blacks to achieve
parity with whites. MARTIN & MARTIN,
supra note 20, at 88. Additionally,
Martin and Martin note that gains
made by Blacks in these areas during
the 1950s and 1960s were made more
quickly than is possible today. MARTIN & MARTIN,
supra note 20, at 88. BACK |