Selling Sex, the Costs and Gains.

Sex is legal. Selling is legal. Why is selling sex illegal? — George Carlin

 

Currently in U.S. laws regarding prostitution are decided on a state by state basis, though the 1910 Mann Act, a federal law precedent, bans any movement of sex workers between states. (Weitzer, 2011) That act classifies prostitution as interstate commerce, which is how it is regulated. If someone is caught selling or purchasing sex outside of Nevada they can be fined and charged with a public order crime, meaning it causes public disorder – a community nuisance that “interferes with the operations of society and the ability of people to function efficiently” (Seigel, 2013). Public order crimes deviate from societal norms and usually are “victimless”, other examples in the same category are paraphilias and drug use.

As of 2015, Nevada is the only state that allows for the licensing and regulation of dens for sex workers to practice their trade, also known as bordellos, brothels or whorehouses. The sex workers are only allowed to work in counties with a population under 700,000 , have mandatory screenings for sexually transmitted infections (STIs) on a regular basis and are required to wear condoms during penetrative sexual activity to prevent the contraction and spread of infections.

Is the world’s oldest profession really that harmful? If it isn’t should it then be legalized in America?

It might be a given, but the rate of STIs among prostitutes is very high, even among regulated brothels. HIV, chlamydia, gonorrhea and other similar infections are tested on a weekly or monthly basis and generally are not contracted through sex workers using condoms properly. However, the Human Papillary Virus (HPV) and genital herpes are not tested in Nevada, both of which can be contracted even when using a condom. Terrifying (Herbenick, 2010).

Beyond infections, the very serious reality of human trafficking is directly linked to both illegal and legal prostitution. Dr. Melissa Farley of Psychologists for Social Responsibility cites Human trafficking as “a high-tech, globalized, electronic market, [with] predators are involved at all levels” … that can include “minimization and denial of physical violence, economic exploitation, social isolation, verbal abuse, threats and intimidation, physical violence, sexual assault, and captivity” Global prostitution is a $32 billion industry per year, $5 billion alone in the state of Nevada – of the sex workers drawing in those dollars the U.N. estimates Two and a half million of them are victims of human trafficking (Farley, 2013).

On the other side of the coin, prostitution is a paid service contract between consenting adults, sex is a trade like any other and should be treated as such. There are risks in this particular business venture, as there are risks in many others. With the legalization of prostitution risks could be lessened through governmental oversight and regulations. There would be assurances in place to keep minors out of the industry as well as to prevent the process of, and demand for, human trafficking. Rhode Island was able to conduct an accidental 6-year study of the effects of legal prostitution due to a legal loophole. As lawmakers scrambled to fix the wording, the indoor prostitution industry boomed in the state. From the study, it was found that rates of gonorrhea decreased by 39% and 31% less rape cases were reported to the authorities – that’s over 800 rapes prevented in one small state! (Turley, 2014).

On a smaller scale there are other benefits to legitimizing prostitution in the United States. Prices would be more consistent and would be competitive based on the market, just as other services. Customers would be safer, they would not have to worry about dealing with pimps, illicit cultures, or feel ashamed for paying for sex. Sex workers would also be safer without the current illegal culture and potentially abusive pimps who might control their money, clients and therefore livelihood. As for safety, prostitutes would be much safer from their own clients if legalization were to occur. They could have the security to screen potentially dangerous clients, protection from the law, and would not fear the repercussions of admitting their profession when filing reports. I imagine a world similar to the Firefly universe where prostitutes train in an academy to become Companions, after which they are held in high regard by society for their social, artistic, diplomatic and therapeutic skills. The fact that they are trained to make love well is secondary to their desire to help people in society – that could be the future for legalization.

I think prostitution is a social problem that leads to and is associated with many other, more significant social problems – the costs outweigh any gains that could be made by legalization even with heavy regulation. I would like to encourage people instead to be more accepting of sexual activity amongst their partners and fellow humans, to learn about sex and sexuality and keep an open mind about the topics. I would like for the United States to follow much of the world’s route in criminalizing the harmful effects associated with prostitution instead of the act itself – sex in itself is not a criminal act, it’s great! The true crimes come in the forms of sexual exploitation, spreading of STIs, and human trafficking – that is what must be stopped and historically legalizing prostitution alone has not significantly lessened these issues.

 

 

Works Cited

Farley, M. (2013). Human Trafficking and Prostitution. Retrieved April 27, 2015, from http://www.psysr.org/issues/trafficking/farley.php

Herbenick, D. (2010, January 1). Q&A: What Are The Chances Of Contracting An STI From A Sex Worker? Retrieved April 28, 2015, from http://kinseyconfidential.org/chances-contracting-sti-sex-worker/

Prostitution. (2014). Funk & Wagnalls New World Encyclopedia, 1p. 1

Seigel, L. (2013). Crime and Criminology. In Criminology: Theories, Patterns, and Typologies (11th ed.). Belmont, CA: Wadsworth.

Turley, J. (2014, July 18). Report: Legalization of Prostitution In Rhode Island Led To Improvements of Both Public Health and Public Safety. Retrieved April 27, 2015, from http://jonathanturley.org/2014/07/18/report-legalization-of-prostitution-in-rhode-island-led-to-improvements-of-both-public-health-and-public-safety/

Weitzer, Ronald. Legalizing Prostitution : From Illicit Vice to Lawful Business. New York, NY, USA: New York University Press (NYU Press), 2011. ProQuest ebrary. Web. 28 April 2015.

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