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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.