Procuring (prostitution)

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The Procuress by Jan Vermeer Jan Vermeer van Delft 002.jpg
The Procuress by Jan Vermeer

Procuring, pimping, or pandering is the facilitation or provision of a prostitute or other sex worker in the arrangement of a sex act with a customer. [1] A procurer, colloquially called a pimp (if male) or a madam (if female, though the term pimp has often been used for female procurers as well) or a brothel keeper, is an agent for prostitutes who collects part of their earnings. The procurer may receive this money in return for advertising services, physical protection, or for providing and possibly monopolizing a location where the prostitute may solicit clients. Like prostitution, the legality of certain actions of a madam or a pimp vary from one region to the next.

Contents

Examples of procuring include:

Etymology

Pandarus, centre, with Cressida, illustration to Troilus and Cressida by Thomas Kirk Kirk-TroilusCressidaAct1.jpg
Pandarus, centre, with Cressida, illustration to Troilus and Cressida by Thomas Kirk

Procurer

The term procurer derives from the French procureur.

Pimping

The word pimp first appeared in English in 1607, in a Thomas Middleton play entitled Your Five Gallants . It is of unknown origin, but may have stemmed from the French infinitive pimper meaning to dress up elegantly and from the present participle pimpant meaning alluring in seductive dress. Pimp used as a verb, meaning to act as a pimp, first appeared in 1636 in Philip Massinger's play, The Bashful Lover . [2] In the 18th and 19th centuries, the term was commonly used to refer to informers. [3] A pimp can also mean "a despicable person". [4] The term can also be applied to a person who is considered a ladies' man. [2]

Rapper Nelly tried to redefine the word "pimp" by saying that it is an acronym for "positive, intellectual, motivated person". He created a college scholarship with the name "P.I.M.P. Juice Scholarship". Dawn Turner Trice of the Chicago Tribune argues that there is "something truly unsettling, to say the least, about attaching such a vile word to a scholarship" and expresses concern about the glamorization of the term. [5]

In the first years of the 21st century, a new meaning of the word emerged in the form of a transitive verb pimp, which means "to decorate" or "to gussy up" (compare primp , especially in Scottish usage). This new definition was made popular by Pimp My Ride , an MTV television show. [2] Although this new definition paid homage to hip-hop culture and its connection to street culture, it has now entered common, even mainstream commercial, use. [6]

In medical contexts, the verb means "to ask (a student) a question for the purpose of testing her or his knowledge". [7]

Pandering

The word "pander", meaning to "pimp", is derived from Pandarus, a licentious figure who facilitates the affair between the protagonists in Troilus and Criseyde , a poem by Geoffrey Chaucer. [8] Pandarus appears with a similar role in Shakespeare's interpretation of the story, Troilus and Cressida .

Overview

Pimps and madams are diverse and variegated, depending on the strata in which they work, and they enter and leave the sex industry for a variety of internal and external reasons, such as family pressure, interactions with the police, and in some cases recruitment from peer sex workers. [9] [10] [11]

Procuring can take abusive forms. Madams/pimps may punish clients for physical abuse or failure to pay, and enforce exclusive rights to "turf" where their prostitutes may advertise and operate with less competition. [12] In the many places where prostitution is outlawed, sex workers have decreased incentive to report abuse for fear of self-incrimination, and increased motivation to seek any physical protection from clients and law enforcement that a madam/pimp might provide.

The madam/pimp–prostitute relationship is often understood to be abusive and possessive, with the pimp/madam using techniques such as psychological intimidation, manipulation, starvation, rape and/or gang rape, beating, tattooing to mark the woman as "theirs", confinement, threats of violence toward the victim's family, forced drug use and the shame from these acts. [13] [14] [15]

In the US, madams/pimps can be arrested and charged with pandering and are legally known as procurers. [16] This, combined with the tendency to identify pimping with African-American masculinity, may provide some of the explanation for why approximately three-fifths of all "confirmed" human traffickers in the United States are African-American men. [17] It has recently been argued that some of the extreme examples of violence cited in the article below come primarily from such stereotyping supported by Hollywood screenwriters, [18] selective and decontextualized trial transcripts, and studies that have only interviewed parties to sex commerce in institutions of rescue, prosecution, and punishment, rather than engaging rigorous study in situ . [19]

A 2018 study by researchers from the University of Montreal divided the concept of a pimp into three distinct categories: "low-profile" (primarily female), "hustlers" (predominantly male and violent, marking the common stereotype), and "abused" (even male–female split, more likely to be subjected to violence than to commit it). [20]

Where prostitution is decriminalized or regulated, procuring may or may not be legal. Procuring regulations differ widely from place to place.

Procuring and brothels are legal in the Netherlands, Germany, Greece, New Zealand, and most of Australia and Nevada. [21]

Canada

In Canada, there was a legal challenge to prostitution laws, which ended in the 2013 ruling of Bedford v. Canada . In 2010, Ontario Superior Court Judge Susan Himel overturned the national laws banning brothels and procuring, arguing that they violated the constitution guaranteeing "the right to life, liberty and security". [22]

In 2012, the Court of Appeal for Ontario reaffirmed the unconstitutionality of the laws. [23] The case was appealed by the Canadian government, and was under trial in the Supreme Court of Canada in June 2013. [24] On 20 December 2013, the Supreme Court unanimously struck down the remaining prostitution laws. As of 2014, the Canadian government began working on regulations to allow the trade to operate.

United Nations

The United Nations 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others requires state signatories to ban pimping and brothels, and to abolish regulation of individual prostitutes. It states: [25]

Whereas prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community

The convention reads:

Article 1

The Parties to the present Convention agree to punish any person who, to gratify the passions of another:

(1) Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person;

(2) Exploits the prostitution of another person, even with the consent of that person.

Article 2

The Parties to the present Convention further agree to punish any person who:

(1) Keeps or manages, or knowingly finances or takes part in the financing of a brothel;

(2) Knowingly lets or rents a building or other place or any part thereof for the purpose of the prostitution of others.

Various UN commissions however have differing positions on the issue. For example, in 2012, a UNAIDS commission convened by Ban Ki-moon and backed by UNDP and UNAIDS, recommended the decriminalization of brothels and procuring. [26] [27] [28]

United States

Attempts have been made in the US to charge pornographic-film producers with pandering under state law. The case of California v. Freeman in 1989 is one of the most prominent examples where a producer/director of pornographic films was charged with pandering under the argument that paying porn actors to perform sex on camera was a form of prostitution covered by a state anti-pandering statute. The State Supreme Court rejected this argument, finding that the California pandering statute was not intended to cover the hiring of actors who would be engaging in sexually explicit but non-obscene performances. It also stated that only in cases where the producer paid the actors for the purpose of sexually gratifying themselves or other actors, could the producer be charged with pandering under state law. This case effectively legalized pornography in the State of California. [29] [30] [31] In 2008, the New Hampshire Supreme Court issued a similar ruling (New Hampshire v. Theriault) which declared that producing pornography was not a form of prostitution under state law. [32]

Business and methods

The White Slave statue by Abastenia St. Leger Eberle, location unknown The White Slave statue.jpg
The White Slave statue by Abastenia St. Leger Eberle, location unknown

Pimping is typically operated like a business. [33] The pimp may have a bottom girl who serves as office manager, keeping the pimp apprised of law-enforcement activity and collecting money from the prostitutes. [34] Pimps recognize a hierarchy among themselves. In certain pimp strata, the least respected, or newer pimps, are the "popcorn pimps" and "wannabes". "Popcorn pimps" was a phenomenon which occurred among adolescent cocaine users of both sexes who utilized children younger than themselves to support their habits. [35] A pimp who uses violence and intimidation to control his prostitutes is called a "guerrilla pimp", while those who use psychological trickery to deceive younger prostitutes into becoming hooked into the system are called "finesse pimps". [36] In addition, a prostitute may "bounce" from pimp to pimp without paying the "pimp moving" tax. [37]

Some pimps in the United States are also documented gang members, which causes concerns for police agencies in jurisdictions where prostitution is a significant problem. [38] Pimping rivals narcotic sales as a major source of funding for many gangs. Gangs need money to survive, and money equates to power and respect. While selling drugs may be lucrative for a gang, this activity often carries significant risk as stiff legal penalties and harsh mandatory minimum sentencing laws exist. However, with pimping, gang members still make money while the prostitutes themselves bear the majority of the risk. Pimping has several benefits to the gang that the pimp belongs to. These benefits include helping the gang recruit new members because the gang has women available for sex, and the money brought in by prostitution allows gang members to buy cars, clothes and weapons, all of which help to recruit younger members into the gang by increasing the reputation of the gang in the local gang subculture. [39]

Violence

Some pimp businesses have an internal structure – built around violence – for dealing with rule breakers. For example, some pimps have been known to employ a "pimp stick", which is two coat hangers wrapped together, in order to subdue unruly prostitutes. [34] Although prostitutes can move between pimps, this movement sometimes leads to violence. For example, a prostitute could be punished for merely looking at another pimp; this is considered in some pimp milieus to be "reckless eyeballing". [34] Violence can also be used on customers, for example if the customer attempts to evade payment or becomes unruly with a prostitute.

Grooming

Some pimps employ what is known as the "Loverboy" or "Romeo pimp" method to recruit new prostitutes. This involves entrapping potential victims (usually young or vulnerable women) by first forming what appears to the victim to be a romantic relationship. After an initial period of "love bombing", the treatment of the victim then becomes abusive, and the victim is then forced into sex work by the pimp. [40] [41]

Use of tattoos

Some pimps in America tattoo prostitutes as a mark of "ownership". [42] The tattoo will often be the pimp's street name or even his likeness. The mark might be as discreet as ankle tattoo, or blatant as a neck or face tattoo or large scale font across the prostitute's lower back, thigh, chest, or buttocks. [43]

Internet effect

Since the Internet became widely available, prostitutes increasingly use websites to solicit sexual encounters. This has bypassed the need for pimps in some contexts, while some pimps have used these sites to broker their sex workers. [44]

Criticism of portrayals

Some scholars and sex workers' rights advocates dispute portrayals of third-party agents as violent and extremely committed to a pimp subculture, finding them inaccurate exaggerations used to foster harmful policies.[ citation needed ] For example, one study found that pimps tend to drift in and out of pimping, with some of their goals and identities classified as predominantly mainstream, some as predominantly outside of that mainstream, and some as a hybrid of conventional and non-conventional. [45]

Notable pimps and madams

In 1999, the Hughes brothers released a documentary titled American Pimp consisting of first-person interviews with people involved in the pimping lifestyle in the United States.

See also

Related Research Articles

<span class="mw-page-title-main">Prostitution in Germany</span> Overview of the legality and practice of prostitution in Germany

Prostitution in Germany is legal, as are other aspects of the sex industry, including brothels, advertisement, and job offers through HR companies. Full-service sex work is widespread and regulated by the German government, which levies taxes on it. In 2016, the government adopted a new law, the Prostitutes Protection Act, in an effort to improve the legal situation of sex workers, while also now enacting a legal requirement for registration of prostitution activity and banning prostitution which involves no use of condoms. The social stigmatization of sex work persists and many workers continue to lead a double life. Human rights organizations consider the resulting common exploitation of women from East Germany to be the main problem associated with the profession.

<span class="mw-page-title-main">Prostitution in the Netherlands</span> Overview of the legality and practice of prostitution in the Netherlands

Prostitution in the Netherlands is legal and regulated. Operating a brothel is also legal. De Wallen, the largest and best-known Red-light district in Amsterdam, is a destination for international sex tourism.

<span class="mw-page-title-main">Child prostitution</span> Prostitution involving a child

Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child prostitution is illegal as part of general prohibition on prostitution.

Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.

<span class="mw-page-title-main">Prostitution in Belgium</span> Overview of the legality and practice of prostitution in Belgium

Prostitution in Belgium is legal and was decriminalized on 1 June 2022. Human trafficking or exploiting individuals involved in prostitution is punishable by a maximum prison sentence of 30 years.

Prostitution in Greece is legal at the age of 18, and regulated. It is estimated that fewer than 1,000 women are legally employed as prostitutes and approximately 20,000 women, half of whom are of foreign origin and the other half are Greek, are engaged in illegal prostitution. Many women affected by the economic crisis have turned to prostitution through poverty.

Prostitution in Guatemala is legal but procuring is prohibited. There is an offence of “aggravated procuring” where a minor is involved. Keeping a brothel is not prohibited.

Prostitution in South Africa is illegal for both buying and selling sex, as well as related activities such as brothel keeping and pimping. However, it remains widespread. Law enforcement is poor.

<span class="mw-page-title-main">Prostitution</span> Engaging in sexual relations in exchange for payment

Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact with the customer. The requirement of physical contact also creates the risk of transferring infections. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in this field is called a prostitute, and sometimes a sex worker, but the words hooker and whore are also sometimes used to describe those who work as prostitutes.

Prostitution in Luxembourg is in itself legal, and is common, but activities associated with organised prostitution, such as profiting from or aiding prostitution, are illegal. Human trafficking incurs severe penalties. There are estimated to be 300 prostitutes in Luxembourg, most of whom are immigrants.

Prostitution in Trinidad and Tobago is legal but related activities such as brothel keeping, soliciting and pimping are illegal.

Prostitution in Indonesia is legally considered a "crime against decency/morality", although it is widely practiced, tolerated and even regulated in some areas. Some women are financially motivated to become prostitutes, while others may be forced by friends, relatives or strangers. Traditionally, they have met with customers in entertainment venues or special prostitution complexes, or lokalisasi (localization). However, recently internet forums and Facebook have been used to facilitate prostitute-client relations. In recent years, child sex tourism has become an issue at the resort islands of Batam and Bali.

<span class="mw-page-title-main">Prostitution in Europe</span>

The legality of prostitution in Europe varies by country.

Prostitution in Bulgaria is itself legal, but organised prostitution brothels, prostitution rings, or other forms of procuring prostitution procuring are prohibited. In the past, the Bulgarian government considered fully legalising and regulating prostitution.

Prostitution in Croatia is illegal but common. Forcible prostitution, any kind of brothels, or procuring are treated as a felony, while voluntary prostitution is considered to be infraction against public order. Like in many other Southeast European countries, the problem of human trafficking for the purposes of sex is big in Croatia.

<span class="mw-page-title-main">Prostitution law</span> Legality of prostitution

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Prostitution in Namibia is legal and a highly prevalent common practice. Related activities such as solicitation, procuring and being involved in the running of a brothel are illegal. A World Bank study estimated there were about 11,000 prostitutes in Namibia.

<span class="mw-page-title-main">Human trafficking in Nevada</span>

Human trafficking in Nevada is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, and forced labor as it occurs in the state of Nevada, and it is widely recognized as a modern-day form of slavery. It includes "the recruitment, transportation, transfer, harboring or receipt of persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power, or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labor services, slavery or practices similar to slavery, servitude or the removal of organs."

<span class="mw-page-title-main">Sex trafficking in the United States</span>

Sex trafficking in the United States is a form of human trafficking which involves reproductive slavery or commercial sexual exploitation as it occurs in the United States. Sex trafficking includes the transportation of persons by means of coercion, deception and/or force into exploitative and slavery-like conditions. It is commonly associated with organized crime.

Prostitution in American Samoa is illegal, as are related activities such as brothel keeping and pimping. These acts are punishable by law, including a fine of more than $500 or a jail sentence of up to a year for customers of prostitution. Prostitution occurs in bars and nightclubs, and in boats moored in the harbours.

References

  1. ↑ Garner, B. & Black, H. (2004). Black's Law Dictionary. Belmont: Thomson/West.
  2. 1 2 3 Jesse Sheidlower: A History of Pimping. What the word meant and what it means now. Slate.com, 11 February 2008
  3. ↑ "Pennsylvania Gazette, Nov 7, 1765, transcription". Smithsonian Source. Retrieved 2013-06-17.
  4. ↑ "Webster's College Dictionary", Random House, 2001
  5. ↑ Trice, Dawn Turner. "Scholarship is soured by unsavory name", Chicago Tribune , 27 April 2005.
  6. ↑ "Feet pimping: Local biz has plans for your feet". The Hook weekly. 20 September 2007. Retrieved 26 September 2007.
  7. ↑ Brancati, Frederick L. (7 July 1989). "The Art of Pimping". JAMA. 262 (1): 89–90. doi:10.1001/jama.1989.03430010101039. PMID   2733128.
  8. ↑ Classen, Albrecht (2010). Laughter in the Middle Ages and Early Modern Times: Epistemology of a Fundamental Human Behavior, Its Meaning, and Consequences. Walter de Gruyter. p. 462. ISBN   978-3-11-024547-9.
  9. ↑ Horning, Amber; et al. (2018). "Risky Business: Harlem Pimps' Work Decisions and Economic Returns". Deviant Behavior. 78 (2): 12–27. doi:10.1080/01639625.2018.1556863. S2CID   150273170 . Retrieved 2019-07-08.
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  11. ↑ Stalans, Loretta and Mary A. Finn (2019). "Self-Narratives of Persistent Pimps and Those Anticipating Desistance: Emotions, Conventional Work, and Moral Profitability Calculus", Victims & Offenders, 14(5): 647-669.
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  13. ↑ Raphael, Jody; Shapiro, Deborah (2004). "Violence in indoor and outdoor prostitution venues". Violence Against Women . 10 (2): 126–139. doi:10.1177/1077801203260529. S2CID   73100079.
  14. ↑ Skinner, E. Benjamin (2008). A Crime So Monstrous: Face-to-Face with Modern-Day Slavery . Free Press. ISBN   978-0-7432-9007-4.
  15. ↑ "De-branding my body". BBC News . Retrieved 2020-06-03.
  16. ↑ "Pandering". Dictionary.com. Retrieved 2013-06-17.
  17. ↑ Banks, Duren; Kyckelhahn, Tracey (2011). "Characteristics of suspected human trafficking incidents, 2008–2010" (PDF). Washington, DC: Bureau of Justice Statistics. Retrieved 2013-08-07.
  18. ↑ Horning, Amber; Marcus, Anthony (2017-01-03). Third Party Sex Work and Pimps in the Age of Anti-trafficking. Springer. p. 4. ISBN   978-3-319-50305-9.
  19. ↑ Marcus, Anthony; et al. (2014). Rhacel Salazar Parreñas; Kimberly Hoang (eds.). Child Sex Trafficking: Toward an Agent Centered Approach. New York: Open Society Institute.{{cite book}}: |work= ignored (help)
  20. ↑ "Pimps: they're not all alike". udemNouvelles. 27 September 2018.
  21. ↑ Peter de Marneffe (1 April 2012). Liberalism and Prostitution. Oxford University Press. pp. 18–. ISBN   978-0-19-972610-3.
  22. ↑ Canadian judge overturns brothel ban in Ontario, BBC News. 29 September 2010.
  23. ↑ Ontario Appeal Court strikes down ban on brothels, CBC News. 26 March 2012
  24. ↑ "Canada's top court to hear prostitution challenge today |". CTV News . Ctvnews.ca. 2013-06-13. Retrieved 2013-11-05.
  25. ↑ "Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others" (PDF). Retrieved 2014-04-29.
  26. ↑ Michael Kirby & Michael Wong (2012-12-08). "Decriminalisation integral to the fight against HIV". Australian Broadcasting Corporation. Archived from the original on 2012-12-08. Retrieved 2012-07-13.
  27. ↑ Cheryl Wetzstein (2012-08-02). "AIDS used as reason to legalize prostitutes". The Washington Times .
  28. ↑ "Global Commission on HIV and the Law" (PDF). HIV/AIDS Group. UNDP. July 2012. p. 43. Archived from the original (PDF) on 2015-09-24. Recommendation: "Repeal laws that prohibit consenting adults to buy or sell sex, as well as laws that otherwise prohibit commercial sex, such as laws against 'immoral' earnings, 'living of the earnings' of prostitution and brothel-keeping."
  29. ↑ "California v. Freeman". Caselaw.lp.findlaw.com. 1989-02-01. Retrieved 2013-11-05.
  30. ↑ "First Amendment Lawyer - Creating Adult Content Outside California". Firstamendment.com. Archived from the original on 2009-02-17. Retrieved 2013-11-05.
  31. ↑ "faq: part 11: legal issues". rame.net. Retrieved 2013-11-05.
  32. ↑ Timmins, Annmarie (December 5, 2008). "Offer to tape sex nullifies conviction: 'It's not prostitution but speech, court says'". Concord Monitor . Archived from the original on June 20, 2010. Retrieved October 26, 2015.
  33. ↑ "Really Really Pimpin' in Da South". Rotten Tomatoes. Retrieved 2015-10-05.
  34. 1 2 3 "U.S. v. Pipkins" (PDF). 2004. Archived from the original (PDF) on 2012-09-11. Retrieved 2012-09-11. 378 F.3d 1281, (11th Cir.
  35. ↑ Pagliaro, Ann Marie and Pagliaro, Louis A. (1996). Substance abuse among children and adolescents: its nature, extent, and effects from conception to adulthood. New York: Wiley, p. 19. ISBN   978-0-471-58042-3.
  36. ↑ Eleventh Circuit (2004). "378 F. 3d 1281 - United States v. Pipkins". OpenJurist.
  37. ↑ "The Pimping Game". Western Michigan University. 2010-11-13. Archived from the original on 2010-11-13.
  38. ↑ Knox, George W. (2008). "Females and Gangs: Sexual Violence, Prostitution, and Exploitation". www.ngcrc.com. National Gang Crime Research Center. Retrieved 11 December 2019.
  39. ↑ O'Deane, Matthew (24 September 2010). "Prostitution & Gangs. Techniques for going after violent offenders". Law Officer.
  40. ↑ Veiligheid, Ministerie van Justitie en (2019-05-06). "'Loverboys' - Human trafficking and people smuggling - Government.nl". www.government.nl. Retrieved 2023-02-22.
  41. ↑ Founder, Kim Westfall (2020-11-18). "How Trafficking Happens: Exposing the Loverboy Method". Uncaged. Retrieved 2023-02-22.
  42. ↑ Urbina, Ian (27 October 2009). "Running in the Shadows (part 2 of 2): For Runaways on the Street, Sex Buys Survival". The New York Times. p. 1. Retrieved 20 November 2010.
  43. ↑ Rowe, Claudia (June 26, 2008). "No way out: Teen girls sell bodies in Seattle". Seattle Post-Intelligencer.
  44. ↑ Poulsen, Kevin (February 25, 2009). "Pimps Go Online to Lure Kids Into Prostitution". Wired.
  45. ↑ Horning, A.; et al. (2019). "Harlem Pimps' Accounts of their Economic Pathways and Feelings of Insiderness and Outsiderness". Journal of Qualitative Criminal Justice and Criminology. 7 (3): 69–94.
  46. ↑ "Ghislaine Maxwell's journey from socialite to accused procuress in Epstein case". Breaking News. July 2, 2020. Archived from the original on August 12, 2020. Retrieved July 25, 2020.
  47. ↑ "Ghislaine Maxwell's journey from socialite to accused procuress in Epstein case". ITV News. July 8, 2020.

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