Olivia Barton's

Prostitution, or the trade of sexual activity for payment, is one of the oldest and most pervasive jobs in the new worlds and ancient – seen in almost every civilization and across all cultures. Since this profession has been practiced for so many millennia and it seems that every culture has a sex-industry why is there a controversy about its existence? The heart of the controversy lies in the fact that there is a human rights issue, does this industry perpetuate and cause avoidable harm. The debate reduces down to the supporters of the legalization of prostitution argue that by legalizing prostitution it could help women working in the sex industry by implementing regulations- resulting in better and safer working conditions and a decrease in the transmission rate of STIs. On the other side, opponents believe that proposition is an immoral, unethical, and lethal profession that harms and takes advantage of the sex worker. They argue that legalizing prostitution would have negative and unwarranted effects.

One of the hopes of legalizing prostitution would be the forecasted decrease of infected sex-workers with HIV/ AIDS and other STIs; therefore, helping stop the spread of these life threatening diseases. In one study that looked STI incidence in a sample of 578 sex workers in Melbourne, Australia (a country with a decriminalized and regulated sex industry) it was reveled that there was a very low STI rate in the individuals tested (Lee, Binger, Hocking, & Fairley, 2005). The sample and data were taken from sex workers who utilize a local Melbourne sexual health center (Lee et al, 2005). It is great to see a that a very low percentage of the individuals sampled have an STI, even more interesting was that most of these infections were due to other sexual partners outside of the actual sex-work (Lee et al., 2005). This low infection rate in the sex workers can be attributed to a system that mandates regulatory screening for sex-workers and safer conditions, as expensive as it may be (Lee et al., 2005). Furthermore the fact that most infections are from outside or personal relationships could be due to regulation as well. This could mean that during “working” hours the sex-worker is more proactive when it comes to safer sex and is more likely to make safer choice. Therefore, on personal time and with personal relationships the worker they might not be as diligent or willing to make sure the sex is completely safe. Thus confirming that a safer and more regulated system can prevent the spread of deadly diseases by implementing structure in what used to be a very freeform industry.

This study did have limitations. The sample was relatively small and not as representative as it could have been, therefore it lacks generalizability. Furthermore, the sample was drawn from sex-workers who regularly go to health clinics to get tested- this sample could have been filled with more conscientious people. The more contentious a person is the more likely they are to have safer sex in general, which then leads to lower infection rates. Potentially this could lead to an overestimate to how well decriminalization and regulation have affected STI levels in sex workers. However, it is beneficial to see that in a legalized system regulation has shown to stop or decelerate the spread of dangerous infections during “working” hours in some samples of individuals.

In a pre-test/post-test study looking at two different groups of prostitutes before legalization and after legalization it was found that there was a shift towards safer sex (Seib, Dunne, Fischer, & Najman, 2010). The Australian study found that after legalization of prostitution there was a shift to a bigger demand for different types of sexual activity (BDSM, toy play, urination, anal intercourse etc.) however it has shown to be a shift towards safer sex, in regards to increased condom use as well as reduction in oral sex and exposure to bodily fluids (Seib et al., 2010). Furthermore, the study showed that there were differences between sex workers in brothel houses and sex-workers that were street based (Seib et al., 2012). Brothels, just due to their nature, are able to be more regulated environments that are conducive to keeping both the sex worker and the customer safe- brothels are alcohol free, smoke free, drug free, and have strict rules in place about the importance of using condoms (Seib et al., 2010). As for private or outside workers, safe sex was seen not as prominently or as observable as it was for the brothel workers, rather there was more variety of sexual activities seen (Seib et al., 2010). This discrepancy could be due to the fact that street workers can get away with less regulation because they are not a business rather they are free agents (Seib et al., 2010).

This study did have some limitations due to the self-report of the surveyed sex workers. The women could have been answering the questions based on past experience before the legalization, not basing answers on experiences after legalization thus causing results to be skewed (Seib et al., 2010). Furthermore, there was no control group of illegal sex-workers tested to see an actual difference between the two systems (legalized prostitution and illegal prostitution) (Seib et al., 2010). However, judging the veracity of illegal sex worker’s answers would be difficult as well as actually finding a comparable group of illegal female sex-workers to survey (Seib et al., 2010). However, this study was interesting because it showed that regulation and legalization could actually change how sex-workers have sex. With the rise of safer sex, risks of sexually transmitted infections would lower as well as other sexually risky behaviors. For this particular study in Australia it seems that there is some progress for brothels especially under law; however, it is seen that in the private sector that these ladies show progress but they are harder to regulate. Begging the question of whether or not prostitution could ever be safe for the sex-worker and the customer?

Prostitution is a treacherous profession that has been found to correlate with a history of childhood sexual abuse, abuse from a current partner, poverty, drug use, and risky sexual behavior (El-Bassel, Witte, Wada, Gilbert, & Wallace, 2001). This study interviewed 113 street-based prostitutes in New York (El-Bassel et al., 2010). The study showed that 50% of the sample women experienced violence and sexual abuse from a “commercial partner” and 73% suffered abuse from their “intimate partner” (El-Bassel et al., 2001). Furthermore the study reaffirms common association with prostitution: these women tend to be impoverished, abused (sexually or nor) as a child, homeless, addicted to drugs, and use prostitution as a means to survival (El-Bassel et al., 2001). These women are victims to a cycle; a cycle that perpetuates because all these women know is abuse- this causes them to rarely be able to climb out of the sex-work world (El-Bassel et al., 2001). These women are raised and are products of horrible circumstances that established norms that are detrimental to their well-being; therefore, arguing that prostitution is a violation of the rights of these women.

This study did have limitations; the population was small and not randomly assigned. Moreover, these findings may not be generalizable to every sex worker in working in street-based settings. However, this study has shown that prostitution is not necessarily a choice that these women are making, it a rather a job thrust upon them to be able to somewhat survive. This job is not a job it is more of a death sentence.

Additionally, in a study that looked at the mortality rates in a cohort of 1,969 prostitutes in the Colorado area, it was found that there is a very high mortality rate in the sample directly due to the lifestyle that comes with being a prostitute (Potterat , Brewer, Muth, Rothenburg, Woodhouse, Muth, Stites, & Brody, 2004). In the sample, 19% were victims of homicide, 18% died to drug ingestion, 12% to accidents, 9% to alcohol, and 8% to AIDS. These ridiculously high death rates and causes of death are not seen or observed in any other cohorts or in any other professions (Potterat et al., 2004). These mortality rates for this Colorado sample are most likely generalizable to other states and countries, therefore making prostitution the most dangerous profession in the United States (Potterat et al., 2004). This data supports that fact that prostitution leads women to lives of torture and death. Augmenting the argument that prostitution is not just a job, it is a deadly lifestyle that women are forced into.

The study did have limitations due to its inferences about some deaths of the women and inconsistences that come with archival data searches (especially of secretive populations such as prostitutes). However, the numbers and mortality rates are indicative of the fact that something needs to be done to stop this violence. Legalization would not be the solution would act as a Band-Aid but it can have unwarranted and even worse effects, therefore the only way to stop the violence would be to abolish the practice.

One specific argument on the opponent side is that legalization of prostitution could lead to increases of human trafficking. This seems counterintuitive due to the assumption that prostitution causes the need for human trafficking not the other way around; however, there is a link that shows that legalized sex industries increase trafficking to meet the higher demand for sex workers (Cho, Dreher & Neumayer, 2013). To look at the phenomenon, an analysis of 150 countries was orchestrated as well as case studies gathered from Germany, Sweden, and Denmark, it was found that in fact there is a significant increase in human trafficking rates in legalized countries (Cho et al., 2013). This means that in legalized sexual industries more prostitutes are being brought over to other countries, maybe in the hopes to reap the benefits of a legalized system. However, human trafficking is a terrible practice that treats women as salves and puts them through tremendous torture.

This study did have limitations due to the demographic and particular subject the study is based on. Human trafficking and in some countries prostitution is hidden, illegal, and difficult to sample. Most of the data relied on precise estimates of the numbers of trafficked victims in the area- the true numbers will never be known (Cho et al., 2013). This is definitely a subject that needs to be studied again to be able to compare the findings. However, this study does rise some important questions- one of the hopes of prostitution legalization would be to stop or decrease the number of individuals in the trafficking market. However, research shows otherwise. Does this mean that legalization would not solve a problem but make a bigger and more heinous problem.

Finally, all of the ills and malignancies that come with prostitution will not be all stopped just because of laws and regulations. Melissa Farley (2004) argues in her article that prostitution is an industry that discriminates against women as well as creates a severe inequality between the sexes. Furthermore, legalizing or decimalizing prostitution is equivalent to addressing and noting the violence against these women and making money off of it, and protecting the customers and pimps instead of actually protecting and educating these women (Farley, 2004). As well as stating that these women do not have their faculties in tact to have consensual sex due to physical and mental scars (Farley, 2004). In conclusion decriminalization or legalization would not stop the violence it would just make it acceptable in the purview of the law (Farley, 2004). Therefore there need to be something else done other than legalizing the inherent violence, something like education programs for these women.

In the United States prostitution is still illegal for the sex workers and customers alike; therefore, evidence for the benefits of actual legalization can only be taken from other countries that have actually legalized or at least decriminalized the sexual exchange. These findings from other countries may not be generalizable for the United Sates or other countries looking to take steps for legalization. Furthermore, empirical research in and regarding prostitution is limited for numerous reasons, due to the population being elusive or hard to track as well as not getting valid information. These findings need to be taken with hesitation.

For, me I believe that prostitution should be decriminalized, or should only be legal in certain situations. Just because prostitution is legalized does not mean that every sex worker in the industry is voluntarily and willingly doing this job. I feel as though the life of a prostitute is hard and tough even deadly in more cases then I would like to imagine. However, I stand for the right a woman has to use her body in whatever way she pleases. As stated before, most of these women who are prostitutes are women who feel as they have no other choice or no other way to make money. That is why I propose that there should be more educational opportunities and assistance for these women to get out of the prostitution industry if they choose to do so. My solution would be to decriminalize the practice for the woman while enabling and empowering them to choose a life that does not revolve around the sex industry. Will that ever come into fruition? Probably not. Prostitution has not stooped nor will it ever stop, I mean its been going on for centuries – if there is a high demand, there will be a supplier.

 

 

References

Cho, S., Dreher, A., & Neumayer, E. (2013). Does legalized prostitution increase human trafficking?. World Development,4167-82. doi:10.1016/j.worlddev.2012.05.023

El-Bassel, N., Witte, S. S., Wada, T., Gilbert, L., & Wallace, J. (2001). Correlates of partner violence among female street-based sex workers: substance abuse, history of Childhood abuse, and HIV risks. AIDS Patient Care & Stds, 15(1), 41-51. doi:10.1089/108729101460092

Farley, M. (2004). “Bad for the Body, Bad for the Heart”: Prostitution harms women even if legalized of decriminalized. Violence Against Women, 10(10), 1087-1125. doi:10.1177/1077801204268607

Lee, D. M., Binger, A., Hocking, J., & Fairley, C. K. (2005). The incidence of sexually transmitted infections among frequently screened sex workers in a decriminalized and regulated system in Melbourne. Sexually Transmitted Infections, 81(5), 434-436

Potterat, J. J., Brewer, D. D., Muth, S. Q., Rothenberg, R. B., Woodhouse, D. E., Muth, J. B.,&…Brody, S., (2004). Mortality in a long-term open cohort of prostitute women. American Journal Of Epidemiology, 159(8), 778-785.

Seib, C., Dunne, M. P., Fischer, J., & Najman, J. M. (2010). Commercial sexual practices before and after legalization in Australia. Archives Of Sexual Behavior, 39(4), 979-989. doi:10.1007/s10508-008-9458-2