To Protect Women, Legalize Prostitution
by | Oct 1, 2019 | Amicus , Criminal Justice , Labor and Employment , Sex Equality |
Prostitution is a sensitive subject in the United States. Frequently, arguments against prostitution center around concern for the health and safety of women, and those concerns are not unfounded. Prostitution is an incredibly dangerous profession for the (mostly) women involved; sexual assault, forced drug addiction, physical abuse, and death are common in the industry. For the women who work in this field, it is often very difficult to get help or get out. Many sex workers were sold into sex trafficking at a very young age and have no resources with which to escape their forced prostitution, or started out as sex workers by choice only to fall victim to sex trafficking later on. Moreover, since prostitution is illegal in most places in the United States, there are few legal protections in place for prostitutes; many fear that seeking help will only lead to arrest, and many who do seek help are arrested and then have to battle the stigma of a criminal record while they try to reintegrate into society.
So why is the response to such a dangerous industry to drive it further underground, away from societal resources and legal protections?
When people argue prostitution should be illegal, in many cases their concern comes from a place of morality , presented as concern for the health and safety of women. People believe that legalizing prostitution will only lead to the abuse of more women, will make it harder for prostitutes to get out of the industry, or will teach young women that their bodies exist for the sole purpose of sexual exploitation by men.
However, legalizing prostitution has had positive benefits for sex workers across Europe . The most well-known country to have legalized prostitution is the Netherlands , where sex work has been legal for almost twenty years. Bringing the industry out of the black market and imposing strict regulations has improved the safety of sex workers. Brothels are required to obtain and renew safety and hygiene licenses in order to operate, and street prostitution is legal and heavily regulated in places like the Red Light District . Not only does sex work become safer when it is regulated, but legalization also works to weed out the black market that exists for prostitution, thereby making women safer overall. Also, sex workers are not branded as criminals, so they have better access to the legal system and are encouraged to report behaviors that are a danger to themselves and other women in the industry. Finally, legalizing sex work will provide many other positive externalities , including tax revenue, reduction in sexually transmitted diseases, and reallocation of law enforcement resources.
It’s true that current efforts by various European countries to legalize prostitution have been far from perfect. In the Netherlands, certain components of the legislation , such as requiring sex workers to register and setting the minimum age for prostitution at 21, could drive more sex workers to illegal markets. Not only that, but studies indicate that legalizing prostitution can increase human trafficking. However, even those who are critical about legalizing prostitution can recognize the benefits that legislation can have on working conditions for sex workers. If countries with legislation in place spend more time listening to current sex workers, the results of decriminalizing prostitution include bringing safety, security, and respect to a demographic that has traditionally been denied such things.
The underlying reason that people are uncomfortable listening to sex workers about legalizing prostitution has nothing to do with concern for the health and safety of women. If that were the genuine concern, prostitution would be legal in the United States by now. The underlying reason people disagree with legalizing prostitution is that prostitution is viewed as amoral because it involves (mostly) women selling their bodies for financial gain. However, telling women what they can and cannot do with their bodies does not come from a place of morality: that comes from a place of control.
People, especially women, sell their bodies for financial gain in legalized fashions on a daily basis. Pornography is legal, and so is exotic dancing. It’s common for people to have sexual relationships with richer partners so as to benefit from their wealth, whether this is through seeking out wealthy life partners or through the less formal but increasingly prevalent phenomenon known as sugar-dating . It’s also common for people to remain in unhappy relationships because they do not want to lose financial stability or spend money on a divorce.
So, what’s the difference? Why are these examples socially acceptable, even encouraged, but prostitution is seen as so appalling?
The difference is that in all of these other situations, it is easy for people to pretend that the women involved are not actually selling their bodies directly. It’s easy to pretend that the pornography actors are just people having consensual sex that the viewing public just happens to be privy to observing . It’s easy to pretend that exotic dancers are not actually selling their bodies because they are not directly engaging in the act of sex. It’s easy to pretend that people who enter into or remain in sexual relationships with wealthy partners could be there for reasons other than financial gain or security.
Prostitution does not allow the general public to have the benefit of these pretenses. Rather, the industry is honest about how sex and money are directly related. And for many individuals, this is an uncomfortable notion. It is even more uncomfortable for some people to believe that women should be allowed to have the control over their bodies that would permit them to engage in prostitution voluntarily; they cannot allow themselves to believe that women would choose such a profession. Yet rather than recognize this reality, those who oppose the legalization of prostitution march forth with arguments about concern for the safety of women. They fail to realize that criminalizing prostitution does not help sex workers, and their arguments lead to legislation that harms women while operating under the morally-driven guise of wanting to protect them.
Instead of forcing sex workers to conduct their business in unregulated black markets where their lives are in danger, all for a mislabeled purpose of “saving” women, take actual action to save women. Legalize prostitution, impose strict regulations, and construct comprehensive support systems that allow sex workers to do their jobs safely.
The desire to protect women from sexual abuse will always be valid, and if anything is a desire that should be more widespread in the United States. What is disingenuous is opposing legalized sex work for reasons that purport to be women’s safety, but that are actually coming from a place of discomfort over women openly engaging in sexual interactions for financial gain. If you are uncomfortable with the idea of women having sex for money, then you should also have a problem with pornography, exotic dancing, and people dating for money. If you do not have a problem with all of these socially accepted practices but have a problem with prostitution because it is “morally questionable,” then you have lost your right to any forum where decisions about the safety and rights of women are being made.
Prostitution should not be Legalized
Discuss arguments against the legalization of prostitution. Cover moral, social, and health-related concerns, including the risks of exploitation, human trafficking, and public health. Analyze the experiences of countries where prostitution is legal, and include perspectives from law enforcement, social workers, and those within the sex industry. Additionally, PapersOwl presents more free essays samples linked to Criminal Law.
How it works
Prostitution appeared a long time ago, but it is still not clear how to consider it from the point of view of the law. A complete ban is not a panacea; it only exacerbates the situation with human trafficking. Legalization does not reduce, but increases the volume of the black market.
History shows that crises and growing inequality have always led to the prosperity of prostitution: debt and war slavery, hunger, unemployment, illegal migration, but most importantly – war. World wars have become world-scale pimps for mankind!
However, the warring nations almost did not have the strength to reflect on this matter.
Among the striking attempts to somehow sort out the problem, one can name the ongoing disputes between China and Korea with Japan over “consolation stations” (military brothels in the Japanese-occupied territories) or a reassessment of their behavior: first, Europeans in relation to fellow collaborators (they served the German military in the occupied territories), and then the liberators in relation to the Europeans. Say, from the point of view of American soldiers, France was one giant brothel, which resulted in attempts to literally organize a brothel, as well as approximately 3,500 rapes.
As for the prostituted people themselves, there is approximately the following opinion: prostitution as an institution is a social evil, as well as a public health problem. Well, the people who are engaged in it are somehow different from others (different versions are possible here: they are especially immoral or they are forced by circumstances, etc.).
On such a shaky foundation, individual countries began to understand their internal affairs in completely different ways, sometimes in diametrically opposite ways.
Look: at first glance, decriminalization seems to bring criminal schemes out of the shadows. That is, now we do not have clandestine brothels flooded with drugs, where girls trembling with fear, intimidated by the mafia, work, but “small business objects.” And in the European press, we periodically see the happy stories of prostitutes. But no, it’s not that simple.
In Germany, prostitution was decriminalized. Everyone, moths, fly out of the shadows, everything is possible. However, for some reason, the shadow market has only grown. The number of crimes related to prostitution and trafficking in women has increased.
There are 22 countries in the world where prostitution is legalized in one way or another. There is the Netherlands with red-light districts, there is Sweden, where prostitutes are not prosecuted, and only the client is criminalized – he has to pay a fine.
There is Austria, where prostitution is legalized, but there are no such problems with migrants as in Germany. There is, for example, Denmark, where prostitution can only be a second job. The Danes believe that trading your body to survive is disgusting. Prostitution can only be a hobby. Prostitutes, as a rule, register as individual entrepreneurs, have their own trade unions …
Nevertheless, the level of crimes related to prostitution is higher in these countries than where prostitution is prohibited. Because legalization has one and only consequence – an increase in demand. Demand grows – supply grows, and business is trying to make it as cheap as possible. And cheaper offers are migrant prostitutes with selected passports.
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Top 10 Pro & Con Arguments
Should prostitution be legal.
- Should Prostitution Be Legal?
- Sex Worker Views on Legalization
- Law Enforcement Views on Legalization
- Victimless Crime?
- Morality of Prostitution
- Human Trafficking
- Prostitution & Violence
- STD Prevention
- Legitimate Business?
- Government & Taxes
| 1. |
| [C]ountries that criminalize the sex industry should consider the harms these laws cause… It is time to put aside moralistic prejudices, whether based on religion or an idealistic form of feminism, and do what is in the best interests of sex workers and the public as a whole.” Professor of Bioethics at Princeton University “The Case for Legalizing Sex Work,” Nov. 14, 2016 |
39th President of the United States “To Curb Prostitution, Punish Those Who Buy Sex Rather Than Those Who Sell It,” May 31, 2016 |
| 2. | |
| Criminalisation does not help people get out of prostitution and legalisation does not trap them in it. As a society we can choose whether to make it easier for people to escape prostitution or whether to make life harder for those trapped in it. I have always believed that any person selling sex has a right to demand whatever resources it would take for them to leave prostitution into a situation that they can realistically thrive and grow in.” Former sex worker Written evidence submitted to the UK Home Affairs Committee’s Prostitution Inquiry, available from parliament.uk Feb. 23, 2016 | I believe if a prostitute or former prostitute wants to see prostitution legalised, it is because she is inured [desensitized] both to the wrong of it and to her own personal injury from it… To be prostituted is humiliating enough; to legalise prostitution is to condone that humiliation, and to absolve those who inflict it. It is an agonising insult. Former sex worker and Co-Founder of Survivors of Prostitution-Abuse Calling for Enlightenment (SPACE) International “Should Prostitution Be Legal? Let’s Try Listening to the Real Experts,” independent.co.uk Sep. 22, 2013 |
| 3. | |
| Some folks disapprove of the immoral nature of sex for sale and, perhaps, rightfully so. But judging morality is for churches, employers, family members and peers. It should not be a matter for law enforcement, court dockets and jail cells, costing the taxpayer dearly, every day, every month, every year… Prostitution flourishes in the black market that would not exist if brothels and hookers were legitimized, licensed, medically inspected, zoned and taxed. Like drugs, gambling and other crimes of morality, or alcohol prohibition of years past, the black market is nourished by draconian laws that forever fail to accomplish its intended purpose… In Germany, and other countries, prostitution is legal and taxed. They turn the ‘crime’ into an economic plus. In other countries like the United States, we create the ‘crime,’ which turns the behavior into an economic negative. And, it’s still a thriving business, law or no law.” Retired Captain, Metro-Dade Police Department “Frank: Let’s Legalize, Regulate Prostitution,” floridatoday.com Aug. 29, 2015 | Now is the time to act. We need men and women to speak up for those who can’t speak for themselves. We need to attack this harmful sex industry from all sides by targeting the pimps and the traffickers, providing services and exit strategies for those being prostituted, and educating and dissuading would be buyers. We need to dissuade buyers from fueling this industry and hold them accountable when they do.” Lieutenant, Human Trafficking Unit, Boston Police Department “‘Pretty Woman’ Normalizes Something That Destroys Lives,” bostonglobe.com Mar. 23, 2015 |
| 4. | |
| While adultery is (morally) grounds for divorce, it is NOT a crime in the USA. Therefore, when one’s spouse has sex with a prostitute in the USA, it should not be a crime. Ergo, there is NO VICTIM – victimLESS ‘crime.’ And if prostitution were legal, the word ‘crime’ wouldn’t even appear in this paragraph… Prostitution should be legalized and called something less derogatory, such as ‘Sex Worker’ or ‘Licensed Companions’… Prostitution is, at its core, a simple transaction – a trade of money for a service. As long as all parties are of legal age and ability to consent, according to the laws of the land in which it occurs, since when is a simple transaction a crime?.” Crime Analyst at the Broward County Sheriff’s Office “Here Are the Reasons Why I Think Prostitution Should Be Legalized,” wendycgarfinkle.com Nov. 4, 2016 | It is rarely the media-approved version of prostitution, a sexy and highly-paid adventure where business is conducted at upscale bars and in hotel rooms; though some sex workers do have that experience, most do not. For the vast majority of prostituted women, prostitution is the experience of being hunted, dominated, harassed, assaulted and battered. Sadly, the majority of girls enter prostitution before they have reached the age of consent. In other words, their first commercial sexual interactions are rape… Another myth is that most women and girls choose to enter the sex industry. Again, while this is true for a small number of sex workers, the research indicates that for the vast majority of women and girls, it is a highly constrained choice. Ultimately, viewing prostitution as a genuine ‘choice’ for women, such as secretarial work or waitressing, diminishes the possibility of getting women out and improving their lives.” Executive Director of New Friends New Life “Prostitution: A ‘Victimless Crime’?,” aljazeera.com Mar. 19, 2013 |
| 5. | |
| Perhaps you think sex work is an immoral lifestyle. However, it is arguably no less moral than a lifestyle of random ‘hooking up,’ or the stereotypical lifestyle of the professional athlete or rock star who brags about how many women he has had sex with… It is the duty of government to protect property rights and to prosecute individuals who coerce or force themselves upon others. However, the government needs to stop wasting resources on voluntary, adult sexual exchanges… It is time to put an end to this hypocritical and wasteful prosecution of sex workers and their clients.” Professor of Economics at De Anza College “Why Can’t You Pay for Sex?,” learnliberty.org Mar. 1, 2017 | I would say the idea that prostitution should be legalized is wrong. For those few who suggest otherwise, I would argue sex for money is illegal not just because it’s immoral, but because it’s just plain bad for women at every level.” Former Captain of the Anaheim Police Department “Vargas: Legalizing Prostitution Would Do Nothing to Curb Abuse, Degradation of Women,” Feb. 26, 2017 |
| 6. | |
| After legalizing prostitution in 2003, New Zealand found ‘no incidence of human trafficking.’ Moreover, legalization made it easier for sex workers to report abuse and for police to prosecute sex crimes.” Assistant Professor of Economics at the University of Tampa “Legalized Prostitution Is Safer,” lasvegassun.com Feb. 19, 2017 | Legalisation or decriminalisation of the sex industry is often touted as a way to weed out organised crime in the industry and reduce the associated illegal trafficking inflows. However, evidence shows that legalisation/decriminalisation only increases flows of women trafficked into the industry and provides a legitimate front for organised crime, while at the same time reducing police oversight of the industry.” “CATWA Submission to the Legislative Council Select Committee on Human Trafficking in New South Wales,” parliament.nsw.gov.au Feb. 2017 |
| 7. | |
| Our empirical results show that opening a tippelzone [designated legal street prostitution zone in the Netherlands] reduces sexual abuse and rape. These results are mainly driven by a 30–40 percent reduction in the first two years after opening the tippelzone. For tippelzones with a licensing system, we additionally find long-term decreases in sexual assault and a 25 percent decrease in drug-related crime, which persists in the medium to long run.” Assistant Professor in Empirical Econometrics at the University of Mannheim (Germany), et al., “Street Prostitution Zones and Crime,” cato.org Apr. 19, 2017 | Women who bring charges against pimps and clients will bear the burden of proving that they were ‘forced.’ How possibly can a prostitute prove that she was forced to become a victim of sexual violence if this has happened in her recruitment or is part of her ‘working conditions.’ Violence is the nature of sex industry. It is a cruel lie to suggest that decriminalisation or legalisation of the whole industry will protect prostitutes. It is not possible to protect someone whose source of income exposes them to the likelihood of being raped on average once a week.” President of FEMEN International Association “Amnesty International’s Policy Does Not Protect Prostitutes: Why Legalisation Doesn’t Work,” huffingtonpost.co.uk Aug. 17, 2015 |
| 8. | |
| Research evidence supports this argument. An analysis of data from 27 European countries found that in countries that have legalised some aspects of sex work there is a significantly lower HIV prevalence among sex workers compared to those countries where all aspects of sex work are criminalised.” “Sex Workers, HIV and AIDS,” avert.org Aug. 29, 2017 | Arguing that STD testing prevents disease is like arguing that pregnancy tests prevent pregnancy. It is a fundamentally flawed line of reasoning to begin with… The only way to truly protect the health of a prostituted woman is to GET HER OUT OF PROSTITUTION.” President and Founder of New Reality International “Myth vs. Fact: 6 Common Myths about Prostitution and the Law,” exoduscry.com Mar. 24, 2015 |
| 9. | |
| Sex work is first and foremost an income-generating activity. The International Labour Organization (ILO) estimates that sex workers support between five and eight other people with their earnings… Exploitation and unsafe and unhealthy working conditions exist in many labour sectors. Work does not become something other than work in the presence of these conditions. Even when performed under exploitative, unsafe or unhealthy conditions, sex work is still work.” “Sex Work as Work,” nswp.org 2017 | Demand for the sex trade is not inevitable. The sexist attitudes of entitlement that underpin it can be tackled. But that won’t be achieved by state sanctioning this exploitative practice in a hopeless bid to contain the dangers associated with it. Sexual consent is not a commodity; sexual abuse can never be made ‘safe’.” Founder of UK Feminista “Guest Post: ‘The Sex Trade Can Never Be Made ‘Safe’,” mumsnet.com July 7, 2016 |
| 10. | |
| Right now they spend a lot of money policing vice. Why not eliminate that and turn it into a revenue maker, instead of having to pay to police it? Once you legalize it, you’re going to take out most of the illegal prostitution… If a consumer has a choice between a legal place of business and an illegal criminal operation, he’s going to go to the legal place. That’s because he knows there’s no problems waiting to happen there.” Nevada brothel owner “Q+A: Dennis Hof: This Pimp Wants to End Sex Trafficking,” lasvegassun.com Mar. 20, 2017 | Legalisation has not been emancipation. It has instead resulted in the appalling, inhuman, degrading treatment of women… And as the Dutch government reforms itself from pimp to protector, it will have time to reflect on the damage done to the women caught in this calamitous social experiment.” Journalist and Cofounder of Justice for Women “Why Even Amsterdam Doesn’t Want Legal Brothels,” spectator.co.uk Feb. 2, 2013 |
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The Benefits of Legalizing Prostitution Opinion Essay
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Prostitution has been illegal in many countries in the world. Despite this fact, prostitution has continued to be practiced in every capital, and other cities in every country. This being the fact the governments need to see that they are fighting a losing battle and continuous prohibition of prostitution is like chasing wind. There are many reasons that do call for the government to change its strategy and legalize prostitution. There are numerous reasons as to why the government should legalize prostitution. Some of those reasons are as follows.
When prostitution is illegal, many of those who practice it do it secretively. This makes them be exploited by their clients. They are put in every kind of abuse, yet they are afraid to report the exploiters to the authority, as they fear they may be arrested. This makes the exploiters to evade justice.
This encourages them to continue with their vice thus humiliating many innocent prostitutes. If prostitution will be legalized, prostitutes will not fear to report the clients who rape them and the exploiters will stop this menace, as they will be afraid of consequences of their actions.
Legalizing prostitution will curb the spread of HIV and AIDS and other sexually transmitted diseases. This is because when prostitution will be legalized prostitutes can be required to be tested for those diseases. Those found with diseases can be treated or barred from trading. The government can offer treatment to them easily as prostitutes will not be afraid to seek medication. This will be extremely beneficial as it can protect the prostitutes and their clients.
Legalization of prostitution will make the government put its resources in other beneficial activities. Governments do use a lot of money in campaigns to condemn prostitution. These resources can be put into other uses such as education or health provision in the country. Police spend a lot of time chasing and arresting prostitutes, whereas many criminals are harassing the public. With the legalization of prostitution, police will be chasing real criminals instead of harassing harmless prostitutes.
Prostitution is a source of income to those who practice it. With the current rise of unemployment in the country, it is paramount for the government to legalize prostitution. Bearing in mind that many of prostitutes have low education profile and for them to secure decent jobs is hard, prostitution need to be legalized. This would make prostitutes be respected by members of the public. This will minimize stress faced by prostitutes, which leads to other stress related crimes.
Legalization of prostitution makes the government control prostitution. The government will ensure those who practice this profession are not underage. This will assist in eliminating child prostitution. Human trafficking will decrease as many of victims trafficked are meant to participate in prostitution. With this in mind, it is crucial that those who care for children should let prostitution be legalized.
Ones body is a God’s gift, which one should not be controlled on how to use it as long as one is not infringing rights of others. Therefore, prostitutes has right to use their bodies as they see it fit without being stigmatized by law. Legalization of prostitution will make prostitution be carried out in conducive environments, which pose no danger to the prostitute and their clients.
Since today prostitution is illegal, prostitutes are not taxed, yet they earn a lot of money from the trade. Bearing in mind that taxes are the ones used to develop every country economy it is not agreeable to ignore the contribution the taxes from prostitutes can make. The government can encourage the establishment of brothels, which would make government access the taxes from prostitutes easily.
Prostitutes would be required to acquire licenses in order to commence their business. The licenses would be provided with a fee as a source of income to the government. Countries, which have legalized prostitution, are getting a lot of revenue from the sex industry. Dutch sex industry gives more than 500 million dollars annually. Countries with high population can make a lot of money from prostitution and put this revenue in their economy development.
Legalization of prostitution will help to curb incest and rape crimes. This is because the perpetrators of these crimes will not fear to seek prostitute services. Many relatives are exploiting young ones, and if prostitution is legalized the relatives are provided with an alternative to seek prostitutes’ services without being intimidated or judged. Bestiality and other harmful sexual practices will come down with legalization of prostitution.
Prostitution is a trade where buyers and sellers do it willingly. No one is forced to be the party in prostitution. This being the fact there is a need to legalize this practice because adult individuals who are responsible for their actions carry it out. Prostitution therefore, needs to be considered as any other profession carried out in the country.
The government has no choice but to legalize prostitution. Legal prostitution is the only remedy to end menace associated with prostitution. Prostitution is a practice, which is here to stay, and illegalizing makes, it is a black market trade exposing both the prostitutes and their clients to many risks. Legal trades are easy to control and manage, and if the government want to control this trade it need to legalize it.
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Home / Essay Samples / Crime / Prostitution / Social Dilemma: Should Prostitution Be Legalized
Social Dilemma: Should Prostitution Be Legalized
- Category: Social Issues , Life , Crime
- Topic: Controversial Issue , Ethical Dilemma , Prostitution
Pages: 6 (2546 words)
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Introduction
Definition of key concepts, the decriminalization of prostitution in south africa, why decriminalization should not take place, the consequences of prostitution, the criminogenic nature of prostitution, the moral threat to marriage and family, concerns relating to public nuisance, bibliography.
- Cathi Albertyn, 2019. The long road to legal sex work in SA winds on. The Citizen. 2 August. Available at: http://www.google.com/amp/s/citizen.co.za/talking-point/2162894/the-road-to-legal-sex-work-in-sa-winds-on/amp/
- Christen Torres, 2018. Legalising Prostitution a Tough Issue. The Southern Cross. 12 October. Available at: https://www.scross.co.za/2018/10/legalising-prostitution-a-tough-issue/
- Anon. 2017. Crime Typologies. [custom textbook]. Pretoria, Muckleneuk
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