Blog #4: Should Prostitution Be Legal?

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The United States tends to be conservative in terms of most topics relating to sexuality, but one issue that is particularly hotly debated is prostitution, and whether it should remain illegal or not. It may be the “world’s oldest profession,” but still people see it as being inherently damaging to those involved in it, as they may be subject to unwanted and potentially harmful sexual acts, exploitation, violence, and also have the potential to be vulnerable to various sexually transmitted infections (STIs). On the other side, however, people make the argument that acts such as casual sex and the creation, distribution, and viewing of pornography are already legal, prostitution is really not that much different. However, even within the groups of those who are vehemently opposed to legalizing prostitution and those who agree that it might be a good idea there are many differing opinions. For example, those who argue for legalization might advocate for regulated forms of prostitution, in which various restrictions exist for sex workers, and they have to pay taxes and comply with an established set of health regulations, but they also might take a laissez-faire approach in which prostitution is legal and unrestricted by the government or other agencies (Immordino & Russo, 2015). There are also varying degrees of all of these opinions, with some falling more on the extreme side of the spectrum than others. For the purposes of this discussion, however, I will take a more general approach and discuss the arguments of those who believe prostitution should be legal and those who believe it should not.

One of the fears people have about legalizing prostitution is that it will increase demand, and so society will actually have more sex workers than it otherwise would have. Another argument is that legalization is a fundamental violation of human rights and undermines a person’s dignity. Post (2011) notes that it is particularly problematic in terms of the rights of their women, writing that “legalized prostitution cannot exist alongside true equality for women” (p. 65) because the practice is built upon an idea that women should always be available for men’s sexual pleasure, and it allows women to be the subject of abuse and exploitation. Another chimes in that “decriminilization [of prostitution] is in effect the promotion of and profting from childhood sexual abuse, rape and sex trafficking.” Such views are not entirely based on personal views or claims to morality, either; empirical research studies have revealed that prostituted women experience a variety of physically violent acts ranging from verbal abuse to cutting with knives, and that they have an abnormally high rate of death by homicide (Farley, Baral, Kiremire, & Sezgin, 1998). These women may also be vulnerable to a range of psychological disorders such as depression, anxiety, or post-traumatic stress disorder.

Certainly, these problems should not be taken likely, and society should have a duty to protect individuals from such harms. However, arguments such as the above have a couple of fundamental flaws to them. First, they often take human trafficking and prostitution to be synonymous when, in actuality, this is not necessarily the case. The former is essentially a type of slavery, in which young girls and women are held against their will and forced or coerced into engaging in sexual acts for money which may never reach their hands. There is obviously some overlap with prostitution and some grey areas exist, but it is the case that some women choose to engage in this practice by choice. Secondly, such arguments seem to ignore the potential benefits that legalizing prostitution could bring to the women who are involved in this industry. By bringing it into the light and regulating it, we might actually be able to guarantee more rights for sex workers and prevent some of this physical and psychological harm from occurring.

Indeed, there is an entire other population who believes it to be a more of a human rights violation to leave prostitution as an illegal act. It criminalizes the women who engage in it, whether they are prostitutes by their own choice or not, and introduces a large societal and structural stigma against them that prevents any true progress from being made and may indeed lead to worse conditions for these women (Bruckert & Hannem, 2013). In theory, then, legalizing prostitution would improve the quality of life for sex workers, but the difficulty lies in the fact that because such extreme stigma and stereotypes exist against women in this industry, any legislation passed may be biased against them while claiming to help. For example, in certain places sex work may be legal only in certain areas, which often end up being dark and isolated parts of the city where workers cannot obtain safe and clean conditions (Bruckert & Hannem, 2013). Still, by making it a crime to purchase sexual services, lawmakers may unintentionally be exposing women to more dangerous situations. Men who seek out prostitutes under these circumstances may be more likely to be violent and commit other crimes, and prostitutes have inadequate time to assess these clients because the whole transaction must take place hurriedly and out of sight to avoid arrest. In addition, if a man demands unprotected sex, the prostitute may not be able to safely decline (Datta & Post, 2013). By, at the very least, decriminalizing prostitution, sex workers can safely access rights and services and are able to complain to the police should they need to do so.

It is fair to say that simply making something illegal is not going to prevent people from engaging in it; instead, it makes the banned act much riskier as there is a lack of education, protective laws, and structure. If prostitution was legalized and regulated, there would be some significant benefits. It could promote sexual health by having sex workers receive regular checkups and tests for STIs or pregnancy. It would also mean that any violence or crime committed against them could more easily be reported, since they would not have to worry about revealing the nature of their profession. However, because society as a whole has a significant level of prejudice against sex workers, those who wish to improve the lives of those engaged in prostitution may need to tackle the issue at more than one level. Removing the “criminal” label currently given to sex workers will do some to help, but this will need to be paired with better education and appropriate legislation in order to best assist those who are engaged in the profession of prostitution. In short, prostitution should no longer be kept strictly illegal, but instead we should put laws and practices in place that help make it a safer, cleaner, and more empowering industry for all involved.

References

Bruckert, C., & Hannem, S. (2013). Rethinking the prostitution debates: Transcending structural stigma in systemic responses to sex work. Canadian Journal Of Law & Society, 28(1), 43-63.

Datta, B., & Post, D. (2013). Should prostitution be legalized?. New Internationalist, (461), 28.

Farley, M., Baral, I., Kiremire, M., & Sezgin, U. (1998). Prostitution in five countries: Violence and post-traumatic stress disorder. Feminism & Psychology, 8(4), 405-426.

Huisman, W., & Kleemans, E. (2014). The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands. Crime, Law & Social Change, 61(2), 215-228.

Immordino, G., & Russo, F. (2015). Regulating prostitution: A health risk approach. Journal of Public Economics, 12114-31.

Post, D. (2011). Legalization of prostitution is a violation of human rights. National Lawyers Guild Review, 68(2), 65-108.

Blog #3: Is BDSM a Healthy Form of Sexual Expression?

As we are right off the tails of the recent Fifty Shades of Grey craze, one may think that BDSM – a range of practices characterized by bondage, discipline, dominance, and submission – has become a more mainstream and accepted form of sexual expression; however, despite the increase in public awareness, it is still a controversial topic even for those who embrace discussions of sexuality because of potential issues with consent and one’s psychological well-being. We know that there are a variety of ways that people engage in this practice, with some simply seeing it as a way to add some excitement and fun to the bedroom on occasion, while others go so far as to see it “as a sexual identity or orientation … [or] a lifestyle” (Hébert & Weaver, 2014, p. 106). The question remains, then: Is BDSM a healthy way for people to express their sexuality? Throughout this blog entry, I will explore both sides of the controversy in an attempt to best answer the question.

Those who believe BDSM can be a healthy and fulfilling sexual activity emphasize the fact that not all people who engage in it can be lumped into one category and, as with any situation, there are those who are responsible and safe with it and those who are not. Moreover, research has generally supported the idea that those who engage in BDSM are no different from anyone else except in their specific preferences for sexual activity. Hébert & Weaver (2014), for example, studied personality differences in individuals who engaged in these sexual practices, and discovered that they “scored in the normal range compared to adult samples on all measured personality characteristics” (p. 114) which discredits the common belief that those who engage in BDSM are somehow pathological. There were differences between the dominants and submissives, with the former generally scoring higher on desire for control, extraversion, self-esteem, and life satisfaction while the latter reported more emotionality, but this is a fairly normal and expected result.

Moreover, other research has suggested that BDSM has certain negative stigmas and stereotypes attached to it which pathologize an otherwise normal and healthy variation in sexual preference. These biases significantly influence how others perceive the practice – in fact, even therapists, although emphasizing the need for a nonjudgmental approach, may hold negative views because of it. For example, a 2013 study found that, of the therapists interviewed, “50% … indicated uncertainty as to whether most of those practicing BDSM are psychologically healthy,” (p.262) although other data collected from these therapists may indicated that these views are mostly related to less training and experience actually working with BDSM practitioners (Kelsey, Stiles, Spiller, & Diekhoff, 2013). This indicates a serious need for more education about different forms of sexual expression, and what is acceptable and what is not, both on the professional and personal levels.

Those who believe BDSM to be an unhealthy sexual practice focus on the number of individuals who seek professional help for it, either alone or with their partner. Ford and Hendrick (2003) surveyed therapists who had dealt with BDSM practitioners and found relationship concerns to be the most common issue reported by these individuals. High levels of shame and guilt were also present; as one therapist recalls, “people [are] feeling that they are all alone and that there is something inherently wrong with them” (p. 75). For some people, the fact that some see a therapist relating to these practices is reason enough to believe that it is unhealthy; however, it is important to keep in mind that people see therapists for a myriad of reasons relating to sexual activity and that it does not automatically indicate serious problems. Indeed, it may even be that the partner or couple’s willingness to go to therapy to address things in their intimate life characterizes a healthy relationship.

Another problem that people have with BDSM is that it may be difficult to make distinctions between what is merely sexual play and what is actually violent and abusive behavior. Again, the popularity of Fifty Shades and related media does not help this, because they depict seriously unhealthy relationships as being standard fare for BDSM. Jozifkova (2013), along with many other sex researchers, understand that there are “profound differences between consensual BDSM sex and sexual assault” (p. 392) emphasizing that the latter involves discussion of the activity beforehand and developing a safe word (i.e. a word that, when uttered, will indicate that the individual wishes to stop the activity and is not just playing along with the fantasy anymore). However, it may be a little more difficult to distinguish between healthy BDSM behaviors and domestic violence, which is understandably a little scary and uncomfortable for many and contributes to the negative view of these practices. The important differences here, though, are fear and respect. In domestic violence situations, the victim is fearful of their abuser, has feelings of worthlessness, and is isolated from others. In contrast, healthy BDSM relationships are characterized by intimacy and feelings of safety, with some partners even claiming they feel “more normal” when engaged in these acts with one another (Jozifkova, 2013).

Obviously, BDSM is not something that is comfortable for everyone, and some may even become very squeamish at the thought of it; however, it is of the utmost importance that we do not immediately jump to pathologizing the practice and everyone who engages in it. Although there are some people who have extreme enough behaviors to meet the criteria for sexual masochism or sadism as listed in the DSM-5, to assume that everyone who simply deviates from the norm in terms of their sexuality has a diagnosable mental disorder will harm more than it could ever help. Homosexuality was removed after the DSM-3 for this very reason. The most important things to consider for those engaging in BDSM are communication and consent. Partners need to be comfortable enough with each other to be able to seriously discuss boundaries and speak up when they dislike something or want to stop. Education on things like healthy relationships and consent are also necessary for not only people who are currently engaging in BDSM practices, but also the larger community as a whole. This would serve two main purposes: to erase stigmas and stereotypes that arise as a result of misinformation, and to help people prevent both physical and psychological harm. In short, I will simply make the claim that yes, BDSM is a healthy form of sexual expression, with one caveat: it must take place only among consenting, comfortable, informed individuals.

However, much of the research that currently exists on BDSM is limited, and if there are any major concerns with the practice they have yet to be revealed. As previously mentioned, it tends to group together everyone who engages in it, so no separation is made between dominants (the ones “in control,” so to speak) and submissives even though these two may significantly differ on important traits, feelings, and behaviors. Moreover, most of the studies utilize convenience samples and either survey or interview methods, both of which can cause biases in the data and, thus, lead to the study having less validity and generalizability. However, as less “traditional” sexual practices such as BDSM become better known and understood in the mainstream culture, I believe there will be an increase in not only research, but also discussion on such activities, which will be a major step in the right direction for our society.

References

Ford, M.P., & Hendrick, S.S. (2003). Therapist’s sexual values for self and clients: Implications for practice and training. Professional Psychology: Research and Practice, 34, 80–87.

Hébert, A. A. (2014). An examination of personality characteristics associated with BDSM orientations. Canadian Journal Of Human Sexuality, 23(2), 106-115.

Jozifkova, E. (2013). Consensual sadomasochistic sex (BDSM): the roots, the risks, and the distinctions between BDSM and violence. Current Psychiatry Reports, 15(9), 392.

Kelsey, K., Stiles, B. L., Spiller, L., & Diekhoff, G. M. (2013). Assessment of therapists’ attitudes towards BDSM. Psychology & Sexuality4(3), 255-267.

Blog #2: Should Parents Be Allowed to Select the Sex/Gender of Their Baby?

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As we continue to make advances in the field of genetics – and the many behaviors, traits, and factors tied to them – many are becoming increasingly concerned about the potential for it to move towards something like eugenics. In fact, many fear that new understanding and technology with regards to genetics will lead to parents seeking to create “designer babies,” artificially modifying their child to have desired qualities, cosmetically and otherwise.

One of the latest debates in this realm is over whether or not parents should have the right to choose the sex of their unborn child. Those in favor of the practice claim it as a woman’s right as the mother of the child, and believe it has the potential to improve the parent-child relationship as well as possibly prevent against some serious harms to the child. On the other hand, some find the idea reprehensible, believing it violates a child’s natural rights and potentially compromises their mental well-being later in life, in addition to being fiscally irresponsible. Currently, a genetic profiling process called preimplantation genetic diagnosis (PGD) can be applied as a tool for sex selection in the United States – although the practice is prohibited in the United Kingdom, Australia, and Canada – but whether it helps or harms more is still up for debate. In this paper, we will explore the risks and benefits of prenatal sex selection in an attempt to determine whether or not it is ethical to allow parents to choose the sex of their unborn child.

A major concern with sex selection is that it will significantly throw off the balance of males and females, especially in certain areas of the world. According to researcher Daniel Goodkind (1999), the “son preference” that many cultures have is having a significant impact, noting that while sex ratios typically “total about 105-106 males per 100 females … they have recently breached 113 in Korea and China, 110 in Taiwan, and 107 among Chinese in Singapore and Peninsular Malaysia” at the time of publication. The implications of such a growing imbalance should not be taken lightly. China currently has a very unbalanced sex ratio, leading to a large number of single men which is problematic in their society because of the focus on the family. Those who are unmarried might be in serious distress because they are unable to find women to marry and cannot continue on the family name.

Moreover, some argue that the possibility of increased male births that comes from sex selection will lead to more inequality and injustice. “From the standpoint of social exchange theory, this increases the likelihood that individuals of the less prevalent sex will have greater relationship power than the sex in greater supply.” There is even a possibility that this greater power put in male hands could be used for “forced marriages, bridge trafficking, prostitution, and rape” (Hollingsworth, 2005). We can see, then, how it is possible that sex selection will be yet another contributing factor to discrimination and gender bias against women.

This practice can create a somewhat paradoxical situation, because while it is often used in an inherently discriminatory way (i.e. to have boys instead of girls) it may also protect against another type of injustice against females by significantly decreasing the number of sex-selected abortions as well as neglect of female children. Although it may continue to lead to fewer females being born, because males are being selected for in the prenatal stage, it would potentially mean that the baby girls who are carried to term are wanted and, consequently, have better life outcomes. It may be critically important, then, to ask the question brought up by Goodkind (1999) about whether sex selection is more “a cause of discriminatory attitudes [or] simply a reflection of them.”

Allowing parents to choose the sex of their unborn baby also presents risks to the well-being of that child later in life. First of all, it indicates that the couple may not be prepared to love that child unconditionally, and if the child ever discovered that they were not what their mother and father wanted it could cause extreme emotional distress. Moreover, the procedure itself is rather expensive still, and that money could easily be put instead into a college fund or something else to benefit the child later in life.

On the other side of things, being able to sex select could have important implications for controlling genetic medical conditions. For example, Chapman & Benn (2013) discuss the fact that disorders such as hemophilia and Duchene’s muscular dystrophy are typically X-linked and, as a result, mostly affect males. If a parent is aware that they are a carrier for such a disorder, they may have otherwise had to refrain from having children or consider adoption instead, but sex selection provides them with an opportunity to reduce the risk by selecting for the sex who is much less likely to be affected by the disorder. This is a major benefit to sex selection because not only does it reduce the amount of children born with often very serious disorders, it also provides new hope and opportunity to those who want to become parents but have concerns about the health of the baby.

Some even believe that restricting parental access to such procedures in an infringement upon human reproductive rights. That is to say, because having one’s own biological children plays such an important role in one’s emotional fulfillment and life satisfaction, there is a presumed right for procreation and, within that right, it should be the case that if a person believes that they may only derive these benefits from having a child with specific traits then they should be allowed to take action to assure their baby is born with those traits (Robertson 1994). In terms of the slippery slope argument often offered in response to such views (i.e. allowing these practices is a stepping stone to an out-of-control industry of creating “designer babies”), many share the beliefs of bioethicist John Robertson that “the fear that something will occur in the future is rarely a sufficient reason to stop an otherwise acceptable action from occurring in the present” (156).

Clearly, the debate about whether prenatal sex selection is ethical is ongoing. While I personally disagree with the belief that human beings have inherent rights to modify their child however they see fit, it seems that the potential benefits of sex selection in terms of the child’s health and general long-term quality of life outweighs any risk of females becoming an “endangered sex,” so to speak. If having a child of a certain sex helps the parent develop a bond and a love for them, rather than resenting the fact that they were not the baby girl or boy they desired, then to me that is a major positive outcome. Moreover, because the current procedures for prenatal sex selection are rather costly, it does not seem likely that it will soon become something that everyone is frivolously doing. However, while I do not believe that it should be prohibited, I do think it is important that the practice of sex selection is regulated and restricted to those parents who desire it either for medical concerns (i.e. the possibility of disorders, as discussed earlier) or the well-being of their family as a whole.

Interestingly, a bulk of the research articles I found on this topic were fairly outdated, ranging mostly between late 1990s and early 2000s. As the technology not only continues to develop but also begins being used more, there will likely be some new, important questions to consider. For the time being, however, parents should be allowed to choose the sex or gender of their baby.

References

Chapman, A. R., & Benn, P. A. (2013). Noninvasive prenatal testing for early sex identification: a few benefits and many concerns. Perspectives In Biology And Medicine, 56(4), 530-547.

Goodkind, D. (1999). Should Prenatal Sex Selection be Restricted? Ethical Questions and Their Implications for Research and Policy. Population Studies, (1). 49-61.

Hollingsworth, L. D. (2005). Ethical Considerations in Prenatal Sex Selection. Health & Social Work, 30(2), 126-134.

Robertson, J. (1994). Children of choice: Freedom and the new reproductive technologies. Princeton: Princeton University Press.

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