“Why should it be illegal to sell something that it’s legal to give away?” is a question posed by Judge Carlos Bea in California’s 9th U.S. Circuit Court of Appeals to the state’s Attorney General. A lawyer representing the San Francisco-based Erotic Service Provider Legal, Educational, and Research Project filed a lawsuit in 2015 to change the 145-year old California law criminalizing sex work (Patch, 2017). The court is now allowing the legal challenge after a lower court threw out the case last year (Shugerman, White, 2017). In Washington D.C., there is a bill that also seeks to decriminalize prostitution as a way to help sex workers report violent crimes without fear of arrest (Mehlan-Orozco, 2017). There are those in California and throughout the country fighting the current laws with plenty of opposition. The issue of legalized prostitution and decriminalization is plenty controversial with those against it fighting to keep current laws in place. While proponents of decriminalization say it is about improved protection for those in the industry particularly marginalized people, its opponents say that it will only embolden pimps and validate the abuse of women (Shugerman, White, 2017). A former sex worker in Germany’s legal sex industry, Rachel Lloyd; points out that the presence of an adult sex industry increases child sexual exploitation and trafficking. She also states that it is the “only industry that is dependent on the regular supply of victims of trauma and
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
Another major consequence of legalizing prostitution becomes apparent when the legitimization of sex markets strengthen the criminal-enterprise of organized pimping (Poulin par. 19). Such bolstering, accompanied by a significant increase in sexual solicitation activities and human trafficking, brings with it the deterioration of these enslaved women (Poulin par. 19). Decriminalizing prostitution presents one of the root causes of sex-trafficking, to the extent that human trafficking promotes the delivery of people into slavery—a crime equally as old as civilization (Raymond par. 9). “Around the world, for those in desperate poverty, the false promise of a better life often draws victims into the control of criminals who then traffic and enslave them” (Bales par. 1). “Many victims of trafficking of persons begin their journey by consenting to be smuggled from one country to another. Because of this, the crimes ‘smuggling’ and ‘trafficking’ are often confused. Smuggling and trafficking both involve moving
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,
In addition to the rise of sex trafficking, the opposition believes that prostitution is degrading to women, and legalizing it will show regression for women’s rights (Sanders, O’Neill and Pitcher 34). Legalizing prostitution will only encourage more women to become a part of an industry that takes advantage of and hurts them (Perer
Though illegal in the United States, prostitution is still a strongly prevalent crime happening all across the nation. Currently, a person participating in the crime of prostitution will be charged with a misdemeanor (Liberator 2). People every single day are being charged with a misdemeanor for this specific crime. Statistically, it may even seem like this crime is being caught more often than other, more extreme crimes. Prostitution is a strongly enforced crime that costs America large sums of money (Chittom 1). Contrary to what many think though, this crime isn’t illegal in all of America. Though illegal in the majority of America, it is legalized in the state of Rhode Island, as well as in several rural counties in Nevada (2). With the
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.
Prostitution is supposedly the oldest profession in the world. It is legal in some countries, such as the United Kingdom and Germany. However, in the majority of the world, prostitution is illegal. The legalization of prostitution has become a popular dispute between what is morally right and wrong. There would be economic benefits in the amount of revenue that governments generate if prostitution were to become a legal line of work. However, many people are against legalizing a profession that is considered immoral. It is a profession that is going to take place, whether or not it is legalized. Legalizing prostitution is needed to ensure those who provide and those who pay for this service, a safer and healthier environment. This essay will provide supporting evidence for this claim.
Prostitution has been considered a criminal act for centuries throughout the world and it is also considered by some to be the world’s oldest profession, dating back to biblical time. The dictionary defines the term, “The act of having sex in exchange for money: the use of a skill or ability in a way that is not appropriate or respectable” (Merriam-Webster). This act became illegal in America in the early 20th century. Decriminalizing prostitution has its positives and negatives. If prostitution was to be made legal in America the positives would be tax revenue, less human trafficking, a work choice and fewer diseases. Negative outcomes to decriminalizing prostitution would be the issue that it is still morally wrong, abuses women, and human trafficking. In this paper I will first review the positives that decriminalizing prostitution could have in America and then the negatives effects from legalizing this crime in America. If American society were to get passed viewing prostitution in a negative light and legalize it, it could present some benefits for America
The decriminalization of prostitution would be beneficial to society and would soften negative stereotypes and deviance. If prostitution is decriminalized more power would be granted to the sex workers, there would be health regulations, and tax benefits. However, there are also negatives to decriminalizing prostitution, like if regulations are set in place the workers will continue to do the acts that are banned. Prostitution should be decriminalized and regulated because workers won’t be coerced into work they don't want, and they will have control over their bodies. This will protect men and women from vicious pimps. Also, decriminalization would prevent sex workers from being dehumanized.
Prostitution and human trafficking are taking place all over the world despite the legal restrictions put upon them. According to Ronald Weitzer, “The sex industry refers to the workers, managers, owners, agencies, clubs, trade associations, and marketing involved in sexual commerce, both legal and illegal varieties” (1). There are many questions that arise when discussing the sex industry. Should prostitution be legalized? If it were to be legalized, would anything change? Is prostitution morally acceptable? What is being done to stop human trafficking? There is not one correct answer for any these questions, but each question can be analyzed by scholars who have different opinions on the issue. Prostitution should be legal while
My group is doing the topic of legalizing prostitution. Throughout the course we talked briefly about prostitution, but it was clear that prostitution is not something that our elders would like us the new era to be ok with. In class we talked discussed how the slippery slope of morality. This is when you say yes to things that are not fully ok however they aren't too bad either this is where the slope begins. Then when you face other bad decisions you also say yes this is where it all starts going downhill, you lose sight of the bad that you are agreeing to. Next thing you know you have no problem saying yes to decisions you know are bad. When applying the slippery slope to legalizing prostitution you see that it is not a good idea to do it.
While proponents of prostitution legalization claim it promotes women’s independence and autonomy, opponents argue that it exploits and objectifies women. In terms of putting ideology into practice, criminalization fails. The neoconservative ideology behind criminalization implies that women are unfit to make their own decisions about their sexuality. Under criminalization in the United States, females are arrested at much higher rates than males, despite the fact that when including johns, pimps, and brothel owners, there are probably more men involved in the practice (McKim 1). Additionally, every state (except some parts of Nevada) in the U.S. criminalizes women who sell sex, but only half of those states also have laws criminalizing men who buy sex (Mathieson 374). This discriminatory enforcement of prostitution laws undermines the gender equality this country is trying to achieve. The legalization and regulation of prostitution argues that the best way to promote women’s autonomy is by allowing them to take control of their own bodies and choose their own profession. Due to the imbalance between men and women within the sex trade, legalization advocates support allowing the exchange of sexual services for money between consenting adults. It is a “victimless crime;” however the question remains whether it perpetuates a culture of objectification of women.
The 21st century has seen many changes in the worldviews of the global community. Different bodies campaign for the rights of people indulging in practices that the global society has seen as taboos for the last twenty centuries. These include the rights of same sex marriages, human cloning, physician-assisted suicide, abortion, and prostitution. This is because the society realizes that each individual has a right to choose his or her lifestyle in a democratic world. The legalization of prostitution raises a lot of controversy in the world today. Prostitution is an old practice in most countries, but few countries have legalized the practice to date. This paper discusses the controversy surrounding prostitution legalization, and supports the
The sex work industry has changed and is changing over the years, similar to controversial issues such as, gay rights and abortion. Hence, there will never be a ‘black and white’ solution due to the distinct views of what prostitution entails versus what the law intends to do about it. Decriminalization is the removal of criminal penalties from an act formerly defined as crime (Weitzer, 2012, P: 49). Prostitution should be decriminalized so the government can regulate public safety and the safety of sex workers. This paper will also, examine how the government can regulate the prostitution business and reinforce the feminist ideology. In effort to best present my arguments this paper will be divided into different paragraphs, whereby each paragraph presents a different argument of why
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.