David Mallard

The main strategy police use to control street prostitution is enforcing laws prohibiting soliciting, patronizing, and loitering for the purposes of prostitution. Street prostitutes can be valuable informants to police about other crimes, and the threat of enforcement gives the police leverage for information. In some jurisdictions, controlling street prostitution is left to the vice squad. Limiting patrol officers' involvement is intended to reduce corruption, but it can give the public the impression that only corrupt officers would ignore the problem. Historically, the police have arrested far more prostitutes than clients, although some police agencies have shifted toward a more balanced enforcement strategy, targeting clients as well as prostitutes. To promote a consistent response and improve the chances for successful prosecutions, police agencies should prepare written guidelines to govern how and under what circumstances they will enforce prostitution laws.

Enforcement strategies are expensive; each arrest costs thousands of dollars to process. By themselves, they are ineffective at either controlling street prostitution or protecting prostitutes from harm. Increased police enforcement temporarily reduces the number of prostitutes on the street, but they usually reappear in new areas. This may actually increase street prostitution in the long term by creating new opportunities for prostitutes and potential clients to meet. While the severity of the penalties against prostitutes does appear to affect the volume of prostitution, modest fines against prostitutes may actually force them to commit more prostitution to pay the fines. Prostitutes who are prosecuted are usually convicted, but many of them fail to show up for court hearings. Most prostitutes consider the costs of being arrested a business expense and an inconvenience, but not a significant deterrent.

The city of Portland, Oregon, is widely credited for pioneering the use of vehicle forfeiture laws against prostitution clients. In Portland, most vehicles were returned to the owners under deferred prosecution arrangements, with low levels (about 1%) of clients reoffending. Some jurisdictions have passed laws that allow judges to suspend or revoke the driving privileges of those convicted of patronizing prostitution. This approach is intended to deter both potential clients and those who regularly search for, and have sexual transactions with, prostitutes in cars. Many drivers continue to drive without valid licenses, however, so some enforcement will likely be necessary.

Curfews can be imposed on prostitutes as a condition of either bail or probation. The purpose is to deny prostitutes the opportunity to work during the hours of peak demand. To be effective, police or corrections officials must monitor and enforce the curfews.