User talk:Thompsts/sandbox

Sections to work on

 * -Male prostitution

After reading “Prostitution in China,” I would add information to:


 * Add a section about Male Prostitution/Gay Prostitutes
 * https://doi.org/10.1080/14672710601171772
 * Brand new section
 * Discuss the case of Li Ning and its impact
 * Business-wise
 * Socially -> homophobia
 * The sex industry in general
 * Possibly put information under the HIV/AIDS -> perceptions of same-sex couples spreading HIV
 * Write how homophobia manifests itself in the People’s Republic of China
 * Mainland China = “official homophobia”
 * Denial of gay rights
 * Li Ning
 * He was fined 60,000 yuan and sentenced to 8 years of jail after being caught organizing gay prostitution services
 * Landmark case -> first conviction in history allegedly
 * Controversial for three reasons
 * caused legal debate about China’s “rule of law” and people’s rights
 * Men who engage in homosexual acts are not necessarily homosexual -> homosocial (forgotten about in China’s sex industry)
 * How to “handle” gay sex/contact in a country with rapidly increasing HIV/AIDS infections
 * Put information about gay sex under Legal Responses
 * Can add to STDs section -> “The Consequences of Chinese Prostitution”
 * Rise of HIV in China and how big of an issue STDs have been
 * Eliminating the transient population eases worries about STDs

In the Media
Male prostitution and men’s role in the sex industry seem to be less of a focus in the People’s Republic of China. This may be due to the stigma surrounding gay sex and same-sex contact. On October 17, 2004, Li Ning was convicted of organizing homosexual prostitution services, resulting in a fine of 60,000 yuan and 8 years in jail. The Nanjing City native’s unprecedented conviction commanded international attention, gathering controversy for three major reasons. First, it sparked conversation about the concept of being homosocial—performing sexual acts with someone of the same sex while not identifying as homosexual. Second, the new Chinese legal process came under fire, “rule of law,” as well as their perceptions or violations of individual and sexual rights. Third, it raised questions about how to address homosexual contact in connection to the rise in positive cases of HIV/AIDS.

Ning and his partners were arrested on August 17, 2003 in connection with reports of organizing prostitution, profiting off of requests for male “companionship.” Clients of the Zhengqi Bar generated an estimated 124,700 yuan, but many of the men responding to Ning’s ads were heterosexual and unaware of the line of work they were about to enter. Ning allegedly opened many bars that offered sexual services and he was paid a commission by the patrons. Due to the shocking nature of the allegations against Ning and underlying homophobia, the courtroom hearing was closed to the public and journalists beginning on February 6, 2004. After spending a month in custody, Ning was released but convicted less than two weeks later for seven counts of organizing prostitution. The controversy surrounding his sentence is rooted in the fact that there is no specified gender in the Chinese criminal code on the topic of prostitution, therefore same-sex prostitution did not carry a different penalty.

A debate in the media followed Ning’s conviction about whether it was unlawful or not due to the local officials seeking advice from higher authorities, and if that impacted his ability to appeal. His lawyer, Chen Yi, argued that Chinese law does not criminalize the act of selling gay sexual services, therefore his client’s conviction should be nullified. He refers to the dismissal precedent set by the 1998 case in Chengdu City involving homosocial prostitution.

Those who disagree with Ning’s conviction believe that his case speaks to the faults within China’s legal system. The two biggest complaints are that the conviction points towards China’s homophobic tendencies and disregard for the rights of defendants. It appears that public sentiments surrounding homosexuality were the basis of Ning’s conviction, and these sentiments are further exacerbated by the blame put onto gay individuals for spreading HIV/AIDS. Critics use this as evidence of the government’s lack of care for individual rights, despite there being no previous law on the books discriminating against gay people and consensual same-sex relations.

Those who believe that Ning was rightfully tried and convicted counter these claims by pointing out that the law is strictly anti-prostitution, not anti-gay. Historically, the concept of a male prostitute has been a foreign one, since prostitutes have been assumed to be strictly female, but the selling of sex has always been illegal. However, the 2001 “Reply from the Ministry of Public Security on how to define and handle the exchange of same-sex sexual conduct for money or property” clearly states that, regardless of the sex of those involved, buying and selling sexual services is illegal. Supporters of the conviction contend that at the end of the day, Ning willingly committed a crime that is punishable by law which did not meet the requirements for a change in legislation.

HIV/AIDS Concerns
Another concern that arises from the male-male sexual services industry is the spread of HIV/AIDS. One survey examined questionnaires filled out by gay men in mainland China and found data to suggest that the infection rate of HIV among that population may be higher than rates in Western communities in the 1990s. Many scholars are unsettled by the fact that the stigma associated with male-male sexual relations has prevented information about safe sexual practices from being disseminated to this population.

Public Opinion
One way commentators have tried to combat the negative public opinion surrounding homosocial prostitution is through holding academic discourse and examining studies on homosexual individuals. One study found that those individuals enter heterosexual partnerships to fulfill their obligation to produce children and continue the family lineage. It appears that while China understands that sexual relations are natural and require some sort of outlet, gay prostitution remains an unattractive business. In the age of the Internet, however, it has become slightly more palatable due to the discretion and anonymity of advertising on the web.

Young men from rural areas, known as money boys, seek to profit from the homosocial sexual services market, but China’s gay community sees them as a hindrance to the community’s acceptance within China. The main issue they take with the money boys is that they are distorting the image of homosexuality from the “purity of homosexual love” to a materialistic and criminal expression of gay identity. Scholars strongly believe that the rights of LGBTQ Chinese citizens need to be expanded and protected, and this includes the legalization of gay marriage, criminalization of money boys, and criminalizing male rape and trafficking.

Elaine Jeffreys argues that Ning’s conviction and the Chinese government’s stance on homosexuality are much more nuanced than one would assume. She states that “the relationship between sex and government in contemporary China is not characterized by straightforward repression, official homophobia, and a corollary refusal to embrace the rights and accompanying legal strategies that are associated with progressive, liberal sexual politics.” Rather, she believes that the restrictions on public displays of the “gay lifestyle” and living openly as a self-identifying gay man are what plague China’s public opinion on homosexuals. Lisa Rofel reiterates this point, arguing that while gay men in China understand that there are other gay men around the world, they “do not simply imagine a global community of horizontal comradeship.” Thus, the legalization of gay sexual services and homosocial sex are not likely to be received as simply part of a commercial industry.