This chapter illustrates how the United Kingdom’s distinctive understanding of sovereignty combined with New Labour’s vision of the United Kingdom’s place in the global economy to shape the government’s approach to human trafficking. Targeting trafficking for sexual exploitation, the government cracked down on migrant sex workers and domestic prostitution. It also associated labour trafficking with illegal working and cast society as a victim of exploitation along with individuals who had been trafficked. The chapter describes New Labour’s selective acceptance of European Union and Council of Europe antitrafficking instruments; it adopted those instruments that reinforced the United Kingdom’s borders while avoiding those that gave rights to victims of trafficking. By equating its action plan for tackling human trafficking with the abolition of the slave trade, the government elevated its antitrafficking policies to a moral crusade.

This chapter examines how women within the boundaries of the family and marriage became central to interwar Japan’s international relations. Scholars have argued that Japan’s politics, economy, and society shifted from liberalism and internationalism in the 1910s–1920s to conservatism and isolationism in the 1930s. While women’s history has been studied along the same lines, this chapter explores the continued reinterpretations of emerging ideals about gender, emphasizing the continuity and discontinuity of Japan’s modernity spanning those two decades. At the heart of those ideals were informal marital relationships – socialist and companionate marriages – introduced from Soviet Russia and the United States, and global concerns in the League of Nations about human trafficking involving prostitution and daughter adoption. Japanese intellectuals, social leaders, and diplomats continued to engage with reformist ideals to address women’s inequalities in marriage and the family. However, their appeals to progress redefined Japanese women in the preexisting family system and considered them to be promiscuous, reinforcing gendered burdens and sexual differences within Japan’s national contexts.

The UN’s human trafficking protocol is the linchpin of the global antislavery governance network. It drew on a series of early twentieth-century international treaties directed at the problem of ‘white slavery’ – European women being procured to work as prostitutes. Designed to accommodate disagreements over the relationship between prostitution and human trafficking, the protocol’s definition of human trafficking produced legal instability. The chapter traces the expansion of human trafficking policy from a state-centred focus on using the criminal law to target international sex traffickers to include an ensemble of private and public actors who advocate supply chain transparency legislation and bans on the importation goods made with forced labour. Concentrating on UN-related organisations and the US government, it investigates this shift and its implications for how unfree labour is governed. The chapter demonstrates how the legal assemblage of jurisdiction kept highly gendered governance strategies from clashing.

The European Union adopted region-wide binding legal norms and a multifaceted legal approach to human trafficking. This chapter explains that the EU has competence (legal authority or jurisdiction) over human trafficking because trafficking is seen as a crime that moves across borders. By contrast, the EU needs another source of competence to tackle forced labour in supply chains. These different sources of competence over different drivers of unfree labour resulted in a proliferation of gendered governance strategies. Pushed by the Council of Europe’s Convention on Action against Trafficking in Human Beings, the EU incorporated the rights of trafficking victims. The chapter illustrates how victim’s rights were subsumed under the EU’s primary goal of hardening Member States’ borders against undesirable outsiders, exemplified by migrant sex workers. The EU also promoted a corporate sustainability due-diligence directive and a product ban targeting unfree labour in supply chains, thereby extending EU values beyond Member States’ borders.

The concluding chapter reflects on the everyday lives of sex workers, police officers and public health officials in China under Xi Jinping, and considers policy implications of the book’s findings.

This chapter is about how police officers in China enforce anti-prostitution laws. These regulations outlaw the exchange of sex for money or other material goods in all of its forms, and for all individuals who engage in it. Yet in practice, police enforcement primarily targets low-tier sex workers. Of the array of possible sanctions, these women are more likely incarcerated than fined, and they are placed in institutions with a rehabilitative mission that, in practice, is not met. In addition, law enforcement officials often engage in illegal and abusive practices when arresting sex workers. Clients are not completely immune from punishment, but they are less likely to be arrested than are the women they solicit. The major exception to that pattern involves high-profile men whose actions have crossed the Chinese Communist Party (CCP). Their cases are taken out of the hands of street-level police officers and into the world of elite politics, with prostitution charges used to help secure their downfall.

This chapter is about second wives and mistresses, who form the highest tier of sex work in China. These women live in a world of simultaneous precariousness and power. Their precariousness comes from their total dependence on one man. Unlike women in the lower tiers of the sex industry who solicit on the streets, in brothels, or in entertainment venues, for second wives, finding another client can be a complicated, drawn-out process. Their vulnerability also comes from the state of limbo inherent in a mistress arrangement. They know the relationship is temporary, and while they often yearn for marriage, as kept women they cannot take steps toward that goal. Their power, meanwhile, comes from the emotional dependence their clients sometimes have on them: smitten men will go to great lengths to keep their second wives happy and shower them with countless gifts to do so. It also comes from the knowledge that second wives sometimes gain of their client’s business activities, which provides these women with tools that can be used to help orchestrate his professional downfall when a relationship sours. This combination of vulnerability and strength presents a picture of second wives that belies their harsh reception in Chinese public opinion.

What does Chinese law have to say about people who are involved in sex work and the places where it occurs? Prostitution control is a universal problem for which states have adopted a variety of policies to address the public order, public health, and commercial challenges that it presents. This chapter describes that range of regulatory possibilities. It then explains the official choices that China has made, through discussions of the policing, health, and taxation rules and institutions that the People’s Republic of China (PRC) has adopted to regulate prostitution.

This chapter is about the influence of transnational actors on China’s sex worker health policies. While the policing of prostitution in China is a story of domestic law and politics, the public health approach to regulating sex work in China starts in the international global health community. It then makes its way into central government health institutions in Beijing, and trickles down into the lives of local state health workers and the sex workers in their community. These transnational roots matter: they have shaped both the content of sex work health policies and the public health officials who manage their administration. Indeed, the approach that China’s health policies and officials endorse for gauging the prevalence of HIV/AIDS and reducing its occurrence among sex workers, and the language these authorities use, reflect best practices in the global public health community. Yet the obstacles that Chinese health agents encounter result in practices that fall short of these ideals and harm sex workers. That often grim reality is the subject of the next chapter. What I highlight in this chapter is how the global public health community working in China to support the creation of HIV/AIDS policies seems disengaged from what actually happens on the ground.

This chapter is about how police officers engage with sex workers when they are not enforcing anti-prostitution laws against them. By focusing their enforcement efforts on low-tier sex workers, the police help create a space for the middle tier of China’s sex industry – entertainment venues and their hostesses—to thrive. I find that law enforcement officers engage actively and in myriad ways with the sex industry when they are not focused on arresting sex workers. Some of their actions are purely extractive interactions. Yet other police behavior, while still self-serving, also benefits sex workers. Making sense of police actions in this context requires shifting our framework from exclusively viewing police as powerful figures in relation to sex workers to also viewing them as street-level bureaucrats who are accountable to the local government and the vast police bureaucracy of which they are at the forefront. This approach provides a different perspective on police officers, underscoring their weakness within China’s bureaucratic system rather than their strength in relation to the sex workers. Their vulnerability vis-à-vis the state even affects how they engage with sex workers and underscores conditions under which the job security of frontline police officers in fact depends on a cooperative local sex industry.

This chapter introduces the regulation of prostitution in China as a case study of law in everyday life. It presents China’s three tiers of sex workers, the state’s interests in the sex industry, and patterns of prostitution policy implementation. It shows how the study of prostitution and its regulation in China expands our understanding of state–society relations, and of sex work and its regulation across space and time.

This chapter is about the perspectives and experiences that female sex workers in China share across tiers of prostitution. The daily lives of low-tier sex workers, hostesses, and second wives in China differ from each other in important ways. Yet despite relatively fixed boundaries between tiers of prostitution, these women do not exist in unrelated, independent silos. After all, their source of income comes from the same activity: exchanging sex for money or other material goods. The chapter first highlights how movement across tiers of sex work is limited, and how low-tier sex workers and hostesses express a preference for the work conditions in their own tier, rather than voice a desire to move up in the pecking order. It then examines narratives that these women have in common across all three tiers. Lastly, it discusses how sex workers who cross paths with grassroots organizations develop a shared consciousness of their membership in a global community of sex work civil society, and appropriate its language and symbols in their own lives.

This chapter is about low-tier prostitution. In China, selling sex in the lowest tier of prostitution is both difficult and dangerous. Women who do so solicit either on the streets or in small brothels located in apartments or in businesses that masquerade as hair salons or massage parlors. In all of these spaces, work conditions are grueling and take their toll on sex workers’ health. The threat of violence and even death at the hands of clients, madams, and pimps looms large. The beliefs and attitudes of women who sell sex on the streets and in brothels reflect these challenging experiences. Women in this tier are critical of prostitution and of themselves for engaging in it, and oppose proposals to legalize it. They also view the state with suspicion and do not feel comfortable seeking assistance from the police when doing so would reveal that they engage in prostitution. Within Chinese society, the lives of low-tier sex workers elicit both disgust and pity.

Chapter 2 discusses prostitution in Chinese history and provides the context surrounding prostitution in contemporary China. Sex work has presented the state with regulatory challenges throughout most of Chinese history. In Imperial China (361 BC–1912 CE), prostitution policy varied based on the status of the men and women involved. In Republican China (1912–1949), the regulation of sex work was formulated primarily at the local level. Some local governments sought to abolish it, but they were more likely to license and tax it, or to establish state-run brothels. When the Chinese Communist Party (CCP) came to power in 1949, it moved swiftly to prohibit prostitution nationwide, and in the first few decades of the People’s Republic of China (PRC), prostitution was less prevalent and more hidden. Yet the scarcity of prostitution during the Mao era is best viewed as a brief historical anomaly. Sex work reemerged in the early 1980s, in the wake of Deng Xiaoping’s policy of reform and opening, and it has been integral to many of the country’s major political, economic, and social developments since 1979.

This chapter is about middle-tier prostitution. The life of a hostess is exhausting. In addition to selling sex, women in this tier of the sex industry spend hours every evening engaging in their other professional responsibilities, which include drinking, dancing, and singing with clients. They face intense competition from their peers. Their work environment exposes them to health risks not only from HIV/AIDS and other sexually transmitted diseases, but also from the alcohol and tobacco they consume as part of their work. Although these conditions are taxing, they also provide middle-tier sex workers with more agency than their colleagues who work on the streets or in brothels, and lead to these women having more positive perspectives on prostitution than do their lower-tier colleagues. Hostesses tend to be assertive and reject any portrayal of their engagement in the sex industry as a story of victimhood. They also exhibit more trust in government institutions, an attitude that on rare occasions can even lead them to make public demands of the state. This work environment, autonomy and initiative contribute to public perceptions that tend to criticize hostesses as lazy and dishonorable.

This chapter is about the local health officials who implement China’s surveillance and behavioral outreach health policies for estimating the prevalence of HIV/AIDS and reducing its occurrence among sex workers. These policies set out clear guidelines for targeting certain types and numbers of sex workers for HIV/AIDS testing and outreach, with the goal of obtaining accurate knowledge of the overall sex worker population and reaching out to the individuals who present the greatest concerns to public health. These policies are also designed to protect the individual rights of sex workers, a prerequisite for obtaining higher quality data and increasing the likelihood that public health interventions will yield safer sexual behaviors. Yet frontline health workers often deviate from these rules, as obstacles within China’s health bureaucracy complicate proper policy implementation. Local health officials must also contend with two powerful entities that are predisposed to oppose their work: the sex industry and the police. Taken together, these challenges lead health agents to focus their testing and outreach efforts on hostesses instead of low-tier sex workers – even though women in the low tier are most in need of health interventions – and result in other irregularities in policy implementation with grave public health consequences.

This chapter explores the interplay between identification and distance that Lucian sets up for his readers in relationship to the speaking characters in the Dialogues of the Courtesans. While readers are, at times, invited to identify with the plights of these ‘others’ as partners in restrictive power structures, at other times, the otherness of the courtesans is emphasised through female verbal markers, female-specific cults, and women-only sexuality. Again and again, the subjectivity of the courtesan is offered to the reader, only to be withdrawn from their grasp. And, in fact, in its current form, the collection begins with a soldier and ends with a virgin – the courtesan managing to slip away. Lucian’s play with the courtesan’s subjectivity leaves his readers full of suspicions about intentional misdirection, both by the characters within the stories and by the author Lucian himself.

This chapter explores the civil wrong of seduction to establish its nature and parameters and draw out its associations with deception. It argues that, as the earliest legal response to deceptive sex, seduction is in some senses the civil law analogue of later criminal laws. The chapter then shows how the action of seduction was rooted in the idea that deception was wrongful because it was one way of leading a woman off the ‘right’ path and that the harms it caused reflected the gendered significance of marriage and other ‘moral’ forms of intimacy. Furthermore, it highlights how these features of the action provided a framework within which the range of qualifying deceptions was limited and the temporal dimensions of the wrong were set. Finally, the chapter offers some reflections on how the distinctions between private and public introduced in Chapter 1 bore on the decision to keep seduction a civil wrong before foregrounding how these observations, and those made throughout the rest of the chapter, are pertinent to contemporary discussions about criminalising deceptive sex.

This chapter analyses crimes involving procuring sex, including procuring sex by deception. It argues that to appreciate the nature of these offences, and their place within this book, it is necessary both to understand how the verb ‘to procure’ was interpreted, including when and why it required deception, and to pay attention to the acts whose procurement was proscribed by law. The chapter provides elucidation on both fronts, showing how the procuring offences were geared towards prohibiting ‘illicit’ (i.e., immoral) sexual activities and therefore criminalised the use of deception to lure others into committing such acts. In demonstrating this point, the chapter argues that a culturally sensitive vision of what makes intimacy valuable shaped and constrained the use of the procuring offences. Finally, the chapter argues that the demise of the procuring offences set the stage for the expansion of the crime of rape by deception and that examining how the procuring offences worked yields important lessons for those attempting to engage critically with this development.