There is an ongoing, highly controversial debate about the sex industry, which is considered one of the oldest professions. The debate revolves around whether prostitution should be criminalized, legalized, abolished, or decriminalized. Despite differing opinions from liberals and conservatives, it is important to address this issue without letting societal ethics hinder progress. This reform should not only happen in the United States but also on a global level. It is crucial to acknowledge that prostitutes are not inherently involved in harmful activities.
Although prostitution has negative consequences and can contribute to the spread of disease, criminalizing it actually exacerbates these issues instead of resolving them (Colb). To ensure equal rights for sex workers as professionals, the discourse should shift from a moral standpoint to one that emphasizes labor rights. It is crucial to recognize sex work as a legitimate form of employment and not attribute industry challenges solely to its nature. The fundamental problem lies in the vulnerability experienced by sex workers rather than the nature of their profession. Therefore, they should be entitled to equivalent labor rights and equal human rights (Lopes).
Discrimination against women in the sex industry by the justice system is a common occurrence. In 1997, an incident took place where a man sexually assaulted a dancer at a club and continued to attack her outside. In response, she defended herself by kicking him in the head. Despite the judge recognizing her actions as self-defense, she received a two-year prison sentence and was also required to pay the assailant’s $73,000 medical bill (Graves). Extensive field research conducted across nine countries revealed alarming statistics: 60-75 percent of women engaged in prostitution experienced rape, while physical assault affected 70-95 percent of them. Furthermore, 68 percent displayed symptoms similar to post-traumatic stress disorder often observed among combat veterans and victims of state-organized torture (Global Affairs). The legalization of prostitution would not only grant sex workers their rightful rights but also promote safety for both prostitutes and society as a whole. Considering that consent exists between consenting adults involved in prostitution, it can be argued that this practice qualifies as a victimless crime.
Voluntary participation and non-intrusion on individuals’ person or property characterize these activities. Strict regulation is essential to combat the negative implications associated with this industry and eliminate much of the exploitation found in the underground economy. The combination of licensed prostitutes and governmental oversight on health inspections and registration would enable sex workers to undergo testing without facing criminalization.
The implementation of legal measures would greatly decrease the number of prostitutes afflicted with sexually transmitted diseases and HIV/AIDS. A study conducted in Australia in 1998 compared the prevalence of these infections between illegal street prostitutes and their legal brothel counterparts. The results indicated that the rate was 80 times higher among the illegal street prostitutes (Loff). Additionally, it has been observed that certain systems of legalization offer a relatively secure working environment. Although no system completely eliminates risks, women employed in legal brothels and window units in the Netherlands encounter minimal violence.
Weitzer states that workers and managers have implemented specific procedures to efficiently handle violent customers. In Nevada, legal brothels also experience a low risk of violence. This strong evidence shows that legalized brothels and workspaces can reduce the occurrence of disease, which is a significant concern. Additionally, legal brothel systems not only offer a safer work environment but also empower sex workers by granting them greater control over their working conditions and client interactions.
Moreover, the effectiveness of these initiatives in improving the safety of sex work is limited due to its illegal nature. Additionally, drug-using prostitutes can receive assistance through these programs. Furthermore, individuals engaged in prostitution often adjust their practices to avoid detection by law enforcement, even participating in riskier activities for higher pay and reduced time on the streets.
Prostituted women, regardless of whether they are involved in street, escort, or strip club prostitution, have a higher probability of acquiring STDs like HIV because they are hesitant to use condoms. Additionally, these individuals frequently encounter mental health problems. Dissociation is a coping strategy often observed among individuals who have undergone substantial trauma, such as prisoners of war, sexually abused children, and women coerced into prostitution (Farley). Consequently, it is common for prostituted women in such situations to experience dissociation, depression, and various mood disorders.
The transformation of the context of sex work is essential for reducing vulnerability among individuals involved in this profession. This involves abolishing criminal laws, facilitating visas and work permits, ensuring freedom of movement and association, and implementing regulations for occupational safety and health.
By legalizing prostitution, sex workers would receive greater protection against violence and heinous sexual crimes committed by serial killers who take advantage of their reluctance to seek help from law enforcement authorities. Without legalization, these women will continue to live in a perpetual state of fear caused by predators.
Legalizing prostitution in the United States has the potential to significantly reduce the rate of rape, with an estimated decrease of around 25,000 cases per year (Cundiff). Studies indicate that certain legalization models, such as those implemented in the Netherlands and Nevada, provide a safer working environment for prostitutes by minimizing violence (Weitzer; Klinger). Regulated brothels effectively address safety concerns and actively work towards reducing incidents of violence. In Nevada, for example, workers are protected through organized transactions, advanced technology usage, increased visibility for customers, collaborations with bureaucracy, and cooperation with law enforcement due to their legal status (Brents). Conversely, criminalizing the sex industry creates conditions that enable exploitation and mistreatment of sex workers.
Making prostitution illegal is a costly and often ineffective approach. As estimated by Bovard, each arrest for prostitution carries an average cost of $2,000. The United States faces financial burdens due to the allocation of law enforcement resources, increased spread of sexually transmitted diseases, and loss of tax revenue resulting from the prohibition of prostitution. One example is San Francisco, which annually spends millions in combating victimless crimes like gambling, drug use, and prostitution. This includes the arrest of sex workers, their subsequent processing through the Sheriff’s Office, and an average daily expense of $94 per person in jail.
The District Attorney’s Office expends resources on prosecuting cases, while the Public Defender’s Office is obligated to defend those who cannot afford private lawyers. Law enforcement has been ineffective in curbing the sex work industry in the city and is unlikely to ever succeed. However, if prostitution were decriminalized and subjected to thorough regulation, a significant reduction in exploitation within the underground economy would be achievable according to the San Francisco Bay Guardian. The aim of keeping prostitution illegal is to stigmatize sexual work as morally wrong.
According to Chittom, instead of outright banning the purchase of sex among consenting adults, the government should regulate and monitor it for societal improvement. It is important to acknowledge the existence of prostitution and ensure legal and social rights for sex workers as a way to address issues like trafficking, coercion, and exploitation. Statistics show that out of the estimated 600,000 to 800,000 people trafficked across international borders annually, 80% are women and up to 50% are underage.
Global Affairs states that hundreds of thousands of women and children are annually exploited in prostitution. According to Boucher’s report in 1997, individuals from Asia who were illegally immigrating were coerced into prostitution as a means of repaying a $40,000 transportation fee. This exploitation extended to minors as well, and similar cases are frequently documented. USA-facts suggests that implementing new laws could assist law enforcement agencies in apprehending pimps involved in sex trafficking, solicitation, and abuse. Upon arriving in North America, numerous impoverished Chinese families resorted to selling their women as slaves for sexual purposes in order to cover the expenses of their journey from China.
This contract outlines the employment terms for a woman who arrived in San Francisco, California in 1883. It includes provisions for rest during times of “menstruation disorder” and imposes penalties for sickness and pregnancy. The practice of indentured servitude was predominantly maintained by Chinese immigrants living in segregated “Chinatowns,” shielding it from the view of other societal groups (American History Online). The demand for child prostitution is increasing, as men believe it offers greater protection against disease. Many prostitutes have dropped out of high school, come from impoverished and abusive households, frequently relocate, and struggle with alcoholism and/or drug addiction (Boyer).
Establishing rehabilitation centers and anonymous organizations like Alcoholics Anonymous can address the health and social challenges confronted by prostitutes. These establishments would address their unique requirements, extending aid to those in dire circumstances while fostering a caring community that provides solace and support. Moreover, they would aid individuals seeking to exit the industry or who have already done so. Given the widespread occurrence of online victimization, especially among minors, it is vital to have easily accessible services for reporting such incidents and rendering assistance.
The National Center for Missing and Exploited Children (NCMEC), a non-governmental organization, established a cyber tip-line to combat the victimization of children. This feature enables individuals to report any suspicious or unlawful internet activities, such as the dissemination of child pornography or instances where children are solicited online for sexual exploitation (NCMEC). According to data from USA-facts, NCMEC forwarded more than 2,300 leads related to child sexual exploitation via the internet to law enforcement agencies between March and September 1998. These leads encompassed 1,653 cases involving child pornography.
The United States Violent Crime Control Act of 1994 implemented a statute that renders it unlawful to travel with the intention of participating in sexual activities with a minor. Nonetheless, opponents have highlighted a significant loophole in this legislation – it focuses on the planning and traveling for the crime rather than the actual victimization. Consequently, prosecutors must demonstrate that the offense was planned within U.S. borders, which places an overwhelming burden on them. As a result, this law inadvertently shields individuals attracted to children and highlights the necessity for reform to tackle this problem.
Due to the illegality of prostitution in numerous American states, individuals employed by third-party prostitution establishments lack legal employment status. Consequently, these workers are unlikely to have taxes subtracted from their earnings or enjoy benefits such as health insurance, disability coverage, and worker’s compensation. COYOTE is an organization that strives to enhance labor regulations regarding working conditions and advocates for more severe penalties against acts of violence targeting individuals involved in prostitution (COYOTE).
COYOTE advocates for the provision of condoms, spermicides, and other preventive supplies to all employees involved in sexual work, as well as offering training on sexually transmitted disease prevention. However, COYOTE holds differing views on medical examinations, screenings, and licenses. While they emphasize the importance of mandatory health check-ups at all brothels, they strongly oppose these examinations. Additionally, COYOTE believes that licenses are unnecessary and should not be granted.
It is crucial to include comprehensive sex education in mandatory health classes for young females who engage in prostitution during high school. This education should cover topics like birth control, sexually transmitted diseases, sexual violence, and where to seek help if victimized. Legalizing the prostitution industry would have various societal benefits such as healthcare improvement, prevention of violence, and social stability. However, by considering women’s involvement in prostitution as a legitimate practice, it reduces the government’s motivation to create job opportunities and educational programs that enhance women’s skills.
