Stigmatisation & Discrimination

The second argument is that female prostitution is being stigmatised in the patriarchal society. Such discrimination can come from either men or women. Whenever something tragic happened to the sex workers, i. e. murder, robbery, rape, etc. , the public will think that they deserve it because they are "evils". In many occasions, prostitutes are even targets of murders. For example, there have been more than nine sex workers murdered in Hong Kong in the year 2008-09. It is the law makes them the easy targets because they are forced to work by themselves7 and also the social discrimination against them.

Very often, prostitutes are blamed for being the spoiler of the family and the spreader of venereal diseases. The moralist labeled them as "whore", and the adjective meaning of "whore" is "unchaste". 8 And "unchaste" is defined as: "Indulging in unlawful or immoral sexual intercourse; lacking in purity, virginity, decency (of speech), restraint, and simplicity; defiled (i. e. polluted, corrupted). "9 The gender inequality is clearly visible here. Sex workers are considered to be deviants of what the patriarchal society conceived as "good ladies", but male sexuality has been treated as driven by an imperative.

Men's indentifies are formed by what they do in the world, not by functions attributed to their bodies. 10 There is no evidence that men's "sexual impulse" is biologically driven, but socially and politically cultivated. Even their sexual drives are "inborn", there is no obligation for women to satisfy such aggressive sexual needs from men. Contrarily, men who are charges of unchastity will not be called as "whores" but "amorous".

The word 'whore' is specifically a female gender stigma. 11 Given that 'stigma' is defined as"a brand marked on a slave or criminal, a stain on one's character, a mark of shame or discredit and/or a definite characteristic of some disease. "12 We can define the whore stigma as a mark of shame or disease on an unchaste female slave or criminal. In regards of the moralist's view, the radical feminist will support the idea of eradicating prostitution, as such stigma dishonor the female chastity. 13 The classic example of the law stigmatising prostitutes is Smith v Hughes14, where a prostitute was charged with "soliciting in a street for the purpose of prostitution".

It was held that the offence was committed even where the woman was not in a street but was soliciting from a balcony above the street. The provision was clearly interpreted neither literally nor strictly, suggesting that there is a tendency that the Court chose to follow the mischief rule because of social pressure, secular expectation or even personal preference of the judges. Similarly, in Behrendt v Burridge15, the accused sat in a window wearing a mini skirt and was lit by a red light, at no time was she "seen or hear to wave, shout, rap on the window, signal, or indeed,…

make any sign towards or actively to communicate from the window with any man or person in the street". Following Smith v Hughes, she was convicted of soliciting in the street. The message behind these decisions seems to be that the law is designed to control female sexuality rather than protect women from manipulative men. 16 Women who use their body to make a living in these cases were considered being treated less favourably in law and were condemned to be obscene.

The police in Hong Kong are condemned by sex workers concern groups17 for treating the prostitutes as second class citizens. Recently, in one of the meetings of the Subcommittee of Hong Kong Legislative Council on Police's Handling of Sex Workers and Searches of Detainees, Cyd Ho Sau-lan pointed out that the police have abused their power towards the prostitutes. 18 The prostitutes were criminally intimidated by the police to provide sexual service in order to prevent themselves from detained. One of them was strip searched and her underwear was removed but not returned.

Under Article 28 of the Basic Law, Hong Kong residents are entitled to enjoy fundamental human rights. The law states that, "… Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited. Torture of any resident or arbitrary or unlawful deprivation of the life of any resident shall be prohibited. " Where the radical feminists regard prostitution as a kind of torture and deprivation of the life, it is possible for them to advocate prostitution shall be prohibited based on such provision.