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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 |