Final Blog Post: Prostitution Laws

Prostitution, what is often called the world’s oldest profession, has been around since before the beginning of civilization. It refers to the exchange of goods, services, or money for sex. It is illegal in most parts of the United States, except for a few counties in Nevada that allow for licensed and regulated brothels. Federal Law bans interstate transportation of prostitutes and trafficking is outlawed completely. But it is no secret that despite being outlawed, prostitution still occurs. According to a 2008 poll, 9% of the total American population has paid for sex, and about 16% of men (Weitzer, 2012). Roughly 60,000 Americans were arrested in 2009 for violation of prostitution laws. Many different studies also show that the penalties for prostitution are not enough to keep people from repeating the offense again. In fact, most prostitutes are repeat offenders (Weitzer, 2012; Carrasquillo, 2014). There is also a stigma attached to selling sex. A 1983 poll showed that only 7% of the population said there should be no prostitution laws. In 1990, another poll revealed that 22% of the population said prostitution should be left to the individual, 31% say it should be regulated by law, 46% say it should be forbidden by law (Weitzer, 2012).

It is also important to make the distinction between legalization and decriminalization. Legalization would mean that the government would be able to regulate it. Laws would be made to determine who can participate in such acts, where and when these acts can occur, etc. In a legalized sector, participants have to pay taxes and comply with licensing conditions and other forms of regulation (Huisman & Kleemans, 2014). Decriminalization would abolish the laws against prostitution. State governments and law-enforcement officials would be prohibited from intervening in any prostitution-related activities, unless of course, other laws apply, such as laws against trafficking or sex with minors or animals. The purpose of this post is to debate whether or not prostitution should be legal. I will start by explaining the arguments of the side for the legalization and move onto the arguments of those against legalization.

Pro: Legalizing Prostitution
“I don’t understand why prostitution is illegal. Selling is legal. Fucking is legal. Why isn’t selling fucking legal? You know, why should it be illegal to sell something that’s perfectly legal to give away?”
– George Carlin

The laws aimed at prostitution seek to eradicate it completely. People discuss many benefits of eradicating it. Eradication, states claim, would prevent the spread of STDs, prevent women from being exploited, and greatly reduce the instances of other crimes associated with prostitution, like drug use, robbery, or rape. However, as I said earlier, prostitution is still occurring all over the United States. The NYPD, for example, makes 2,700 arrests each year for prostitution. It costs taxpayers a lot of money to keep an inmate in a city jail: about $167,731 a year, or $460 a day per inmate. This number does not include money for lawyer’s fees, cost to the courts, or salaries for police officers (Carrasquillo, 2014). Proponents argue that legalizing prostitution would not only allow current resources to be redirected to solving and preventing more violent crimes, but that state governments could actually make money if it were taxed. However, as prostitution exists now, it is clear that it is costly to the general public.

It is also very costly to sex workers. Criminalizing prostitution has jeopardized the lives of everyone involved. Prostitutes have an extremely high risk of premature death; the rate is about 40 times the national average. The U.S. Justice Department estimates that one-third of the more than 4,000 women killed by serial murderers in 1982 were prostitutes. Sex workers often are the victims of other violent crimes, like rape. 70% of the prostitutes in a study in San Francisco were raped an average of 31 times by their customers, and 65% of the women stated they were beaten by customers with an average of 4.3 times. In a similar study in Oregon, “78% of the prostitutes were raped, 48% by pimps an average of sixteen times per year, 78% by johns an average of thirty-three times per year” (Carrasquillo, 2014). Sex workers are not able to report these crimes to the police because they are afraid of either being arrested themselves or they worry that the crimes will not be taken seriously, and these worries are entirely valid. Police often don’t take these crimes seriously, stating that the sex worker was somehow deserving of the crimes (Weitzer, 2012).

Another argument is the idea that legalizing prostitution and regulating it will slow the spread of STIs. STIs are still rampant in our society as well. The Center for Disease Control states that there are about 20 million new infections in the United States each year, costing the American healthcare system nearly $16 billion in direct medical costs alone. New data suggests that there are more than 110 million total STIs among men and women across the nation (“CDC Fact Sheet: Incidence, Prevalence, and Cost of Sexually Transmitted Infections in the United States”, 2013). Prostitutes would be more likely to seek medical help if they do not have the fear of conviction preventing them from doing so, and the government would be able to create laws about using effective protection.

Con: Legalizing Prostitution
“The ILO [International Labour Organization] report admits that most women ‘choose’ prostitution for economic reasons. Surely no one can argue that this is free choice any more than the cattle in the squeeze chute choose to go to their death.”
– Diane Post, JD Attorney and Human Rights Activist “Legalizing Prostitution: A Systematic Rebuttal” in the journal off our backs, July 1999

The opponents to legalized prostitution believe that prostitution is associated with many violent crimes like rape or trafficking. As stated in the quote, prostitution is not something that many people freely choose to do, so total bodily autonomy is not always given. Many sex workers feel as if they have no choice, often because they cannot find adequate employment in legal jobs. There are often problems with people who experience a disadvantage because of their race, or immigrants who have trouble establishing themselves in a new country having to turn to prostitution as a means of survival. Forty-percent of streetwalkers are women of color, yet 55% of prostitutes arrested are minorities. Women of color and poor immigrants are being harassed and arrested more so than white sex workers (Carrasquillo, 2014).

Research and Documentation Center of the Ministry of Justice published a large-scale evaluation of the legalization of prostitution in 2007. The study looked at non-legal prostitution, which included unlicensed prostitution, prostitution by minors and people without a residence permit. It was concluded that the regions where prostitution was legalized did not experience any significant difference in these crimes. Proponents of legalizing prostitution argue that it would somehow allow prostitutes to exercise autonomy, but with the way that pimps or owners of the brothels are involved in the prostitute’s sexual activity, it is still very much a ‘employer-employee’ relationship. They still do not have a very good legal standing. 70% of the prostitutes interviewed claimed to not pay taxes. So the fact of the matter is that in the Netherlands, prostitution as an industry still retains the characteristics it did when prostitution was illegal (Huisman & Kleemans, 2014). What is even worse, the study shows that the emotional and mental health of prostitutes in the areas where prostitution is legal has actually worsened. The use of sedatives had increased, and the number of sex workers with pimps had not changed (Huisman & Kleemans, 2014). 65% to 95% of those in prostitution were sexually assaulted as children, and 68% of 854 people in strip club, massage, and street prostitution from 9 different countries met criteria for posttraumatic stress disorder or PTSD (Farley & Butler, 2012). So proponents of legalizing prostitution believe that it will bring certain benefits and help eradicate certain social problems, but we do not see this happening where prostitution is legal.
MY DECISION

I think that the con side had better arguments and evidence. I think that the pro side is too idealistic. In theory, all of the pro arguments are sound. Giving people a legal method of getting sex if they desire it should cut down on forced prostitution, human trafficking, and rape. Allowing the government to regulate the industry (who can be a sex worker, when and where sex can occur, etc.) will supposedly make it harder for people, namely immigrants or children, to be trafficked. It would also make sense for someone to argue that prostitutes who were previously unable to go to the police or even to the doctor out of the fear of being prosecuted would now be able to seek the help they need. However, we do not see any of this happening in places where prostitution is legalized, and the con side provides valuable evidence of that. The fact of the matter is that legalizing prostitution does not provide all of the benefits one might believe.

I think that a lot of the issues that coincide with prostitution (forced prostitution of children or immigrants, human trafficking, spread of STIs, etc.) are a result of much broader social problems. I think that the spread of STIs would be reduced if we had a better sex education system. As for the fact that women of color or poor immigrants are often driven to the sex industry because of poor economic or social standing, these problems are a result of a terrible immigration system and a lack of government aid programs to help those who are economically disadvantaged. There is absolutely no evidence to suggest that legalizing prostitution in America would greatly reduce human trafficking. In fact, we would most likely see a slight increase, because prostitution would become more expensive because of taxes and the costs of keeping a brothel up to the government standards.

Speaking of the economy, there is the argument that legalizing prostitution will bring in a lot of revenue for the government. While this may be true, it will not eradicate many of the other problems associated with prostitution. To help you understand why, we can look at the recent legalization of marijuana in states like Colorado. The state’s revenue in the first year of legalization exceeded $53 million, although that was lower than expected originally. Because of the differences in taxes between recreational marijuana and medical marijuana, people are still seeking medical marijuana which is taxed at just 2.9% compared to recreational marijuana which is taxed at 28%. Because the tax rate of 28% is a high price to pay, many people are still relying on black market pot. The fact is that illegal pot is a lot cheaper than legal pot (Lobosco, 2015). I believe that something similar could occur with prostitution. I believe that if prostitution was legalized, and it would most likely be taxed heavily, many would still seek illegal prostitution because it would be a lot cheaper. This would not eradicate all of the problems associated with prostitution as it exists now. It may reduce it, but it’s hard to know the extent to which these problems will be reduced. I doubt that it will have a big effect though.

I think that prostitution should not be legalized, but decriminalized. Prostitutes often receive much harsher punishments than those who actually buy sex from them. Donna M. Hughes, an expert in human trafficking from the University of Rhode Island, has stated that police are harder on men who download child pornography than those who actually pay to have sex with women or girls (Kristof, 2014). The laws themselves are discriminatory- the prostitutes can be arrested for standing on the street corner with the intention to sell, but johns can only be charged if they are caught discussing payments for sex (Ko, 2015). I think that there is definitely the need to reform prostitution laws, but I do not think that prostitution should be completely legal.

The prostitute “is a victim of every bad thing men do to women: physical and sexual abuse, economic oppression, and abandonment.”
(Mick LaSalle, 1995 (December 3), Hollywood is Hooked on Hookers, San Francisco Examiner).

REFERENCES

Carrasquillo, T. (2014). UNDERSTANDING PROSTITUTION AND THE NEED FOR REFORM. Touro Law Review, 30(3), 697-721.

CDC Fact Sheet: Incidence, Prevalence, and Cost of Sexually Transmitted Infections in the United States. (2013, February 1). Retrieved April 25, 2015, from http://www.cdc.gov/std/stats/sti-estimates-fact-sheet-feb-2013.pdf

Farley, M., & Butler, E. (2012, January 1). Prostitution and Trafficking – Quick Facts. Retrieved April 27, 2015, from http://www.prostitutionresearch.com/Prostitution Quick Facts 12-21-12.pdf

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

Ko, L. (2015, January 23). Targeting Sex Buyers, Not Sex Sellers: Arresting Demand for Prostitution. Retrieved April 26, 2015, from http://www.pbs.org/independentlens/blog/targeting-sex-buyers-not-sex-sellers-arresting-demand-for-prostitution

Kristof, N. (2014, February 26). Targeting the Johns in Sex Trade. Retrieved April 30, 2015, from http://www.nytimes.com/2014/02/27/opinion/kristof-targeting-the-johns-in-sex-trade.html?_r=0

Lobosco, K. (2015, February 12). Recreational pot delivers $53 million in tax revenue to Colorado. Retrieved April 26, 2015, from http://money.cnn.com/2015/02/12/news/economy/colorado-marijuana-tax-revenue/

Weitzer, R. J. (2012). Legalizing prostitution : from illicit vice to lawful business. New York : New York University Press, 2012.

Blog 3- BDSM

While there is definitely still a social stigma associated with discussing sexual expression, the social environment has begun to shift and people are freer to discuss these topics than before. BDSM has gained a lot of attention in the last few years because of a popular novel called “Fifty Shades of Grey” by E.L. James. The Fifty Shades book, especially in light of the recent movie adaptation of it, has received a lot of criticism. While I’m not sure that this story is the best example of BDSM, it’s made many people want to try it. (In fact, there have already been some instances where people have been seriously harmed or even killed because BDSM has been used incorrectly as a result of the book/movie- links to articles below this blog entry. I also think it’s worth mentioning that the book was actually originally written as fanfiction based off of another popular novel Twilight, which includes a relationship between a 104 year old vampire and a 17 year old girl, and that this relationship meets all the criteria for domestic violence). This all begs the question: Is BDSM a healthy form of sexual expression (when practiced correctly)?
First of all, what is BDSM? BDSM is an acronym for bondage and discipline, dominance and submission, and sadomasochism. The guidelines of BDSM have been defined in the study performed by Simula, from the American Sociological Association: “(1) BDSM is, by definition, consensual, and therefore distinct from abuse and violence; (2) participation in BDSM practices is not, in and of itself, indicative of pathology; and (3) BDSM is a complex social (rather than medical or psychiatric) phenomenon, deserving of serious academic study” (Simula).To practice BDSM safely, three things need to occur. You need to discuss limits and boundaries beforehand with your partner(s). This will create a respectful environment, and will prevent harm to any participants. Secondly, when toys are used, the participants need to understand how they work, how to clean them, etc. This will also prevent any harm resulting in misuse of toys. Lastly, there needs to be a discussion of a safe word. Consent is ABSOLUTELY 100% NECESSARY for ANY sex act, and a safe word allows a person to retract consent at any time if they feel uncomfortable or if they feel unsafe. It is important to show respect for the wishes or feelings of any partner(s). The BDSM community places a strong emphasis on safety and consent, which is not necessarily exhibited in the Fifty Shades trilogy and this is what leads to injuries/deaths.
Many argue that BDSM is healthy. Some, like Foucalt, who was a spokesperson for BDSM practices in the 1970’s, argue that BDSM allows people to switch up the traditional gender roles (meaning masculinity as powerful and femininity as being powerless) in a safe environment. Some find that this is empowering for all genders. Men are allowed to be submissive, and being respectful and caring for the other person is not seen as a weakness. Women, on the other hand, are allowed to be in charge and dominant, which is a role not typically enforced or encouraged in society (Simula). Hebert, a psychologist at St. Francis Xavier University, did a study analyzing the personality traits associated with BDSM, and they also asked the survey participants about the power dynamic within the relationship between the couples engaged in BDSM. According to their research, 60.2% of the people who practice BDSM that they surveyed agreed with the statement ‘‘tops/dominants/sadists and bottoms/submissives/masochists have equal power within a scene’’ (Hébert). The participants were also asked if they thought that dominants or submissives had more power. The statement ‘‘tops/dominants/sadists have most of the power within a scene’’ had a 19.2% agreement and ‘‘bottoms/submissives/masochists have most of the power within a scene’’ had a 20.7%) agreement (Hébert). I think that this research is pretty reliable. It may not be incredibly generalizable, and this kind of research is risky because it involves people who may not be fully honest on the surveys. But given that it is explicit in the terms used, and its reliable methods, this study is pretty strong.
People opposed to BDSM argue that because it fetishizes the use of power over someone who is powerless, it only allows patriarchal values to continue. Some radical feminists argue that this just enforces the typical gender roles, despite the fact that women can be the Dominants and men can be the Submissives. These groups argue that this shift does not carry over into any other realms of society, and is therefore not a safe, healthy, sexual practice (Lorde). Sheila Jeffreys, a professor at the University of Melbourne who has written several books about the history of politics in sexuality, states that “Traditional forms of male-supremacist sexuality based on dominance and submission and the exploitation and objectification of a slave class of women are being celebrated for their arousing and ‘transgressive’ possibilities” (Jeffreys). There is not a specific study that I found to support these claims, but this is a common argument in the side opposed to BDSM. While I agree that BDSM could be used to perpetuate certain gender stereotypes and the imbalance of power between genders, I do not think this side did a good job addressing the counterarguments. From what I found, there is not a lot of discussion about the possible effects of allowing gender roles to be switched within the BDSM community, and I think that this greatly weakens their arguments.
To be honest, this question makes me uncomfortable because I do not like trying to tell people what they should and should not do, especially in their private lives. Safety is necessary, of course. That’s the first concern in the question of whether or not BDSM practices are healthy. I think that BDSM practices have the potential to introduce some safety hazards and might be used to perpetuate abuse. There are certainly risks involved, but I believe that if it is done right, BDSM can be healthy. I think it can be healthy as long as it sticks closely to the criteria that the BDSM community sets for participants. It needs to be completely consensual, and there needs to be a full, respectful discussion between partners BEFORE any sexual activity occurs. There needs to be set guidelines about the limits of each person involved, as well as their likes and dislikes, and a clear discussion about safe words. If toys, bondage, whips, etc. are involved, both or all participants need to fully understand how to use these properly and how to clean them. As for whether or not it perpetuates male dominance over females, I think that the pro BDSM side had a stronger argument. I think that because BDSM allows the roles to be reversed, it does not NECESSARILY perpetuates these gender stereotypes, although it could if the participants in BDSM are not practicing it properly. I think that all of the concerns with the negative impacts of BDSM arise when people do not adhere to the strict guidelines that the BDSM community sets regarding safety, consent, respect, etc. I believe that as long as everyone involved is educated on BDSM practices and follows them, it is healthy.

Hébert, A. A. (2014). An examination of personality characteristics associated with BDSM orientations. Canadian Journal Of Human Sexuality, 23(2), 106-115.
Simula, B. (2010). A “Different Economy of Bodies and Pleasures”?: Gender and Sexuality in BDSM Interactions. Conference Papers — American Sociological Association, 50.
Lorde, Audre and Susan Leigh Star. 1982. “Interview with Audre Lorde.” Pp. 66-71 in Against Sadomasochism: A Radical Feminist Analysis, edited by R. R. Linden, D. Pagano, D. Russell, and S. L. Star. San Francisco: Frog in the Well Press.
Jeffreys, Sheila. (1996). How Orgasm Politics Has Hijacked the Women’s Movement. On The Issues Magazine

EXTERNAL SOURCES FOR FIFTY SHADES TRILOGY

Downing, L. (2013). Safewording! Kinkphobia and gender normativity in Fifty Shades of Grey. Psychology & Sexuality, 4(1), 92-102. doi:10.1080/19419899.2012.740067
http://blogs.findlaw.com/celebrity_justice/2012/07/50-shades-of-grey-contract-for-sex-wouldnt-hold-up-in-real-life.html
http://www.everydayhealth.com/columns/dr-laura-berman-on-love-and-sex/fifty-shades-of-grey-linked-to-sex-related-injuries/
https://radicalhubarchives.wordpress.com/2012/04/02/on-50-shades-of-grey-and-the-erotization-of-male-domination/#more-7639

LINKS TO ARTICLES ABOUT BDSM INJURIES/DEATHS
http://blogs.findlaw.com/celebrity_justice/2012/09/real-life-50-shades-of-grey-murder-details-emerge-in-ca-homicide.html

Twilight Article
http://io9.com/5413428/official-twilights-bella–edward-are-in-an-abusive-relationship

Blog 2- Should parents be allowed to choose the sex of their child?

Before one can make a decision about this issue, there needs to be a basic understanding of how this is even possible. There are lots of old-wives tales about choosing the child’s sex. Some believe that certain positions can make a difference. Others also say that the timing of intercourse in relation to the female’s ovulation can affect it. There are even rumors that eating certain foods make you more likely to have either a boy or a girl. There is very little evidence to suggest that any of these popular theories are very reliable. However, there are a few options out there for parents who want to choose the baby’s sex.
The first is called PGD, or preimplantation genetic diagnosis, which gets its’ name from the original purpose for the procedure. For this procedure, women need to get hormone shots so doctors can retrieve eggs for fertilization in the laboratory. The lab waits a few days and then tests the embryo for the sex. Then they implant the embryo into the woman’s womb. Another option is to sort male and female sperm in a centrifuge, and this is then used with IVF. This procedure has been around since the 1970’s, although it is not as reliable as the next method, the MicroSort Technique (Gajilan).
The MicroSort Technique, where the male and female sperm are dyed and separated, and when used with IVF it has been shown to have an incredibly high success rate. The Genetics and IVF Institute released a statement on their website for MicroSort that states “in terms of the number of babies of the desired gender born, MicroSort has been 93% effective for girls and 82% effective for boys” (“Purity and Results”). This technique seems to be the most likely option for someone wanting a baby with a specific sex. So should parents be allowed to make this decision or not?
For the pro side, one argument is that it will prevent unwanted pregnancies and abortions. This may in turn prevent child neglect and abuse. In countries like China and India where society favors males, there is a serious problem with neglect or abandonment of female children. According to All Girls Allowed, a religious organization dedicated to ending discrimination and poor treatment of girls and women, Chinese girls are twice as likely as boys to die in their first year of life (“Infant Abandonment Statistics”). Policies like the one-child policy in China have also been linked to a rise in sexual violence, kidnapping and forced marriage, and prostitution. The argument here is that while allowing parents to choose the sex of the baby will increase the already unequal ratio of males to females, it will eventually be balanced out when people start to realize the importance of females- I could not find significant support for this claim, but I’ve seen this argument on several sources. Another argument is that this procedure will not cost taxpayers’ much because it is considered non-essential. The price of the procedure will be dictated by the market, and only couples who are very well off financially will be able to afford this procedure. This in turn minimizes the social effects of this allowing this procedure to be done, like the effect on the male-female ratio.
Those against letting the parents choose the baby’s sex argue that this process is immoral. Michael J. Sandel, a political philosopher at Harvard University, said “It runs the risk of turning procreation and parenting into an extension of the consumer society… Sex selection is one step down the road to designer children, in which parents would choose not only the sex of their child but also conceivably the height, hair color, eye color, and ultimately, perhaps, IQ, athletic prowess and musical ability. It’s troubling” (Stein). There is an outcry against these procedures because people see it as a form of eugenics. Some also argue against the claim that this process will not benefit societies with problems regarding sex and gender. They argue that it will contribute to gender discrimination.
To be honest, I feel very uncomfortable telling someone what they should be allowed to do when it comes to their bodies and their reproductive choices. I believe that as long as they aren’t somehow hurting someone else and if their choices don’t affect you, then you don’t really have the right to tell them what is right. However, I do not believe that parents should be allowed to choose the sex of their baby. I think that there needs to be more education about sex and contraception to reduce the number of abortions. I think that we need to look at the effects of one-child policies in countries. We need to re-examine ideas that tell us that males are somehow preferable to female children, and why several countries have seen serious social issues because of that idea, like sexual violence, kidnappings, forced marriage, prostitution, and infanticide. I think we also need to ask the question of why choosing a child’s sex is so important. I also don’t like the idea of parents trying to fulfill a wish list with their child. These problems surrounding sex and gender should be addressed independently and at the root of these problems, and I don’t believe that allowing parents to choose the sex of their baby will solve anything. In fact, I think it will lead to more. In cases where there is a one child policy, or in places where male children are preferred, I think that this process of choosing a child’s sex would allow the ratio between boys and girls to widen. I believe that this will just lead to higher rates of infanticide (because the procedures that allow for the parents to choose the sex are not always reliable), as well as kidnappings, forced marriage, prostitution, and sexual violence. I don’t believe in the claim that the pro side has that says it will eventually even out. To me, that seems doubtful, and a lot of people will suffer before it begins to improve. That is why I don’t think parents should be allowed to choose the sex of their child.

SOURCES:
Gajilan, Chris. “Gender Selection a Reality, but Is It Ethical?” CNN. Cable News Network, n.d. Web. 01 Mar. 2015.
“Purity and Results.” Results. Genetics and IVF Institute, n.d. Web. 01 Mar. 2015.
Stein, Rob. “A Boy for You, a Girl for Me: Technology Allows Choice.” Washington Post. The Washington Post, 14 Dec. 2004. Web. 01 Mar. 2015.
“Infant Abandonment Statistics.” Infant Abandonment Statistics. All Girls Allowed, n.d. Web. 01 Mar. 2015.
“Gendercide in India: Add Sugar and Spice.” The Economist. The Economist Newspaper, 09 Apr. 2011. Web. 01 Mar. 2015.

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