Legalizing Prostitution In The United States

According to Jacqueline Barnhart in her book, “The Fair but Frail,” there is an increase of sex crimes in locations where prostitution was made legal. She also argues legalized prostitution promotes and contributes to

Sometimes, the term “sex work” is used, as well as “prostitution”. But whichever term we choose to say, it does not eliminate the stigma attached to it. Cases such as the Bedford V. Canada Case (144) indulges into the conspiracy of sex work and challenges certain sections of the Criminal Code that make business in relation to prostitution illegal. Ideally, a sex worker has a career just as a teacher or lawyer. For this reason, their human rights and dignity should be protected by the Canadian Charter of Rights and Freedoms as are other professions. However, the Charter of Rights and Freedoms as well as the Criminal Code do not seek to protect sex workers, yet, they seek to do otherwise using certain sections of the Criminal Code

Policies and laws fail to stop prostitution, and it will not stop. It is more costly to keep prostitution illegal. Prostitutes will be more vulnerable to getting criminal records, which then makes it harder for them in society, to obtain legal jobs. Also, with prostitution being illegal the workers may not be able to protect themselves from crimes against them. As prostitution is not legal, then they have to find discreet places to work, which usually is not in a safe environment. If some kind of crime against them did happen, they may feel that, they aren’t able to go to the police for help, as their work is illegal. It actually makes it harder on the worker, in turn making it harder for the client. There are all sorts of people who turn to prostitutes. From blue collar workers to high executives of companies, business owners and more. With prostitution being illegal, the clients are facing criminal charges as well. This does not only hurt the client, but communities as well. The author believes that people around the world have changed their older views and sexual norms to adapt to a more modern society. Brents, B.A., Jackson, C.A., & Hausbeck, K. (2010) concludes that prostitution is better being legalized than being criminalized (p.233). And with this change, people should reevaluate and learn from Nevada’s policies on prostitution being legal. While the author has shown many reasons why

With no government control or regulation, work-place violence, harassment, and medical care are not monitored or concerned, even though this line of work is the most vulnerable to all three conditions. In fact, nearly seventy-five percent of sex-workers experience work-place violence. For this, “decriminalization could be the best means to protect the rights of sex workers and ensure that these individuals receive adequate medical care, legal assistance, and police protection” (Amnesty International). Along with Amnesty International, one of the most respected human rights organizations in the world, the World Health Organization, UN Women, Global Commission on HIV and the law, the UN Special Rapporteur on the Right to Health, Human Rights Watch, and the Open Society Foundations also support the decriminalization of prostitution in the United States. Criminalizing prostitution will not end prostitution. Instead, the only plausible solution is government regulation. With government support, clients can be tracked through credit cards and any violence or harassment will be able to be reported and taken care of, on a legal level. The sex-work industry also has alarming statistics involving STI’s and STD’s. The men who control the women, or the ‘pimps’, force the women to have oral, vaginal, and anal sex without any kind of contraception, if that is what the client prefers. The Porn Industry,

Although within legalizing prostitution, sexually transmitted would decrease dramatically, which also stated in the Legalizing Prostitution Would Protect Sex Workers from HIV article from NPR.org: the transmission of HIV among female sex workers would go down by at least a third, according to a paper presented at the International AIDS Conference in Melbourne, Australia (Brink). The main reason there is so much spread of such diseases is the fear of evidence; with the current laws people would rather not use protection and have a lower chance of evidence against them if caught for soliciting sex, hence the wide spread of HIV and STDs. With the legalizion of sex work and prostitution there would be a higher use of protection and a halting in the spread of sexually transmitted diseases as well stated in the same article Legalizing Prostitution Would Protect Sex Workers from HIV from NPR.org: By decriminalizing prostitution and having safer environments, indoor environments, we could avert 33 percent to 46 percent of new HIV cases among sex workers over the next decade (Brink). In addition, the legalization of prostitution and sex work has been proven to decrease crime rates such as rape and physical abuse such as displayed in Mexico City and the Netherlands. It is logical that instead of

People may not believe that there is a positive outcome of prostitution when first thought of. In fact, there are multiple ways that prostitution can benefit the sex workers, society, and even the economy. A quantitative and qualitative study was made by Lutnik and Cohan in San Francisco on prostitutes in the area. Although the sex workers that were interviewed are not part of the Canadian society, the United States is also part of the Western Civilization and the results reflect those of Canada as well. In the study, women spoke about the beneficial factors of having “police protection, the ability to build community with other sex worker, and obtaining rights as workers” upon the legalization of prostitution (Lutnik and Cohan, 2009: 41). Overall, the prostitutes that were surveyed preferred the “removal of statutes that criminalize sex work in order to facilitate a social and political environment where they had legal rights and could seek help when they are victims of violence.” (Lutnik and Cohan, 2009: 39). This research provides evidence that majority of people in the sex worker industry would like to feel safer as they are working as every person is entitles to feel safe when they go to work. Considering the health of the sex workers, a study was presented at the International AIDS Conference in Australia which showed results of the transmittal of HIV/AIDS among sex workers would decrease by 33-46% if prostitution is either legalized, or at least decriminalized (Listland, 2014). Another factor that is considered regarding sex workers and the legalization is the diminishing of violence and sex crimes. In the same research study conducted by Lutnik and Cohan, it was found that 91% of prostitutes desired laws that protected their rights in specific, and they also wanted more police protection, create safe houses, and would be safest under a regulated system (Lutnik and Cohan, 2009: 41, 43). Lastly, a

Another argument to legalize prostitution would to be to regulated it, and take the woman off the street and place her into a safe environment, for instance: women who are in brothels in Nevada are screened monthly for STD’s and are given birth control. Sexually transmitted diseases are a major concern for the women as well as the men and should be a major reason why legalization of prostitution should be pushed. Legalized prostitution has shown that prostitutes who work in brothels practice safe sex and are less likely to contract and transmit STDs. As indicated in the article entitled, "Prostitution": George Flint, director of the Nevada Brothel Association, points with pride to the 20,000 monthly AIDS tests that have been performed on legal prostitutes since tests were required in 1986, with HIV showing up only among job applicants. Similarly, not a

Prostitution would be much safer in the United States if it were legalized. A study was done in the 1980’s that found that around 124 sex workers were murdered every year in the United States (“Atlantic City Prostitutes Taking Precautions as Death Toll Rises”). If the states would legalize prostitution within brothels only, measures could be taken to keep the prostitutes

Prostitution is illegal in the United States and the laws keeping it illegal are causing more problems than they are solving. Because there are no regulations or laws protecting sex workers in the United States, and everything is run underground, there is nothing stopping the mistreatment and abuse of sex workers in the United States. The only way to protect sex workers is to legalize prostitution. In the following paper, I will attempt to prove that prostitution is a victimless crime and the laws against prostitution are hurting prostitutes more than they are helping them. If we want prostitutes to remain safe while earning a living, the only way to achieve this is to legalize prostitution.

Prostitution has been around as long as human beings have engaged in sexual activities, and it is even touted as the world’s oldest profession. Despite these proclamations, the subject of prostitution continues to spark controversy in the United States in moderns times as it is a hot debate topic. Off and on, throughout the years, various states around the country have proposed that the practice should be decriminalized; however, it remains illegal nationwide, except for a few counties in Nevada. The reasons for this stem from both sides of the argument, as anti-prostitution advocates claim decriminalization of prostitution is immoral and sexually exploitative, while pro-prostitution advocates want to keep the government out of the bedrooms of consenting adults. No matter the stance for or against prostitution, the current legal construction surrounding it is undeniably harmful. Regardless of the arguments against prostitutes, it is time to decriminalize the laws against this practice to protect the rights of sex workers.

Prostitution is known to many as “the oldest occupation”, but when examined, the harsh reality of the sex industry is exposed and it is visible that prostitution is more of a form of oppression than it is a profession. The oldest occupation has many names: prostitute, streetwalker, hooker, escort. These types of terms are just examples of how the women who participate in this industry are reduced to labels and objectified. This social oppression is met with physical violence among sex workers, making it the most dangerous profession in human history. If it is so violent and horrible to participate in though, then why has it existed for all of these centuries? The answer is that the entire

However if the goal of criminalization is to end prostitution, it is clearly not yielding the desired results. Making the act of selling sex illegal actually causes the sex workers to go further underground, making them more vulnerable to police and poor working conditions. It creates a culture permitting violence against sex workers. In countries such as China, Cambodia and Vietnam where prostitution is also illegal, sex workers are detained in facilities for ‘rehabilitation’ or ‘re-education through labor’. The approach of these facilities is to punish sex workers for engaging in behavior that is regarded as a

The sex industry is highly divided between those who call themselves “sex workers”, and former prostitutes who call themselves “survivors” (Glazer 340). Women should have the right to choose what they do for a living, including prostitution. The criminalization of prostitution does more harm than good when often women are left unprotected, both socially and legally, and therefore, the United States should make efforts to decriminalize and regulate prostitution instead.

Weitzer explains that legalization of prostitution would require some regulation such as, “vetting and licensing business owners, registering workers, zoning street prostitution, mandatory medical exams, special business taxes, or officials’ periodic site visits and inspections of legal establishments” (22). If prostitution was legalized it could create numerous jobs such as doctors, nurses, and inspectors. It could also raise money by businesses purchasing licenses and paying taxes.

One of the oldest known jobs in history is Prostitution, otherwise known as the sex labor industry. It is a major part of our society as an illegitimate source of income and employment. The prohibition of Prostitution creates a larger number of issues in society. Before, prostitution was a more individual decision, where countless women picked it as a last resort in emergencies; whereas now these women are coerced into the industry and experience abuse, murder, etc. The involvement and trauma prostitutes experience results in mental disorders. Furthermore, I investigate how the prohibition of prostitution has greater drawbacks on our society and introduce three policies that may help resolve the social issue within sex workers. Some policies I believe will provide the most benefits are first, the legalization of prostitution, second, enforcing and strengthening the law enforcement for human trafficking, and third, development of availability of medical resources.