According to the Salem Press Encyclopedia (2013), prostitution is the act of exchanging sexual acts for money or valuable items. Essentially, it can be seen as a form of trade with its own market involving both buyers and sellers. This practice dates back to colonial times, making it one of the oldest professions that remains prevalent today.
Since its inception, prostitution has remained a contentious issue, with countries that try to conceal it encountering numerous challenges. These include the exploitation of prostitutes and the proliferation of diseases.
In the given context, countries took two main approaches to address prostitution: one was legalizing it and implementing a comprehensive set of rules and regulations for all participants. The other approach regarded prostitution as a criminal offense, subjecting it to legal punishment. Both approaches had their pros and cons for both buyers and sellers involved in the transaction (Wallowing, Judith R., 1980).
This paper investigates the origins and longevity of a black market for prostitution in Australia. The country’s sex industry comprises different types, including brothel prostitution, street prostitution, and escort prostitution. The objective of this research is to comprehend the underlying factors contributing to the presence of this illicit market.
The Australian government encountered various challenges related to prostitution, such as assaults on and robbery of sex workers, solicitation in residential neighborhoods, and the transmission of sexually transmitted infections (Jeffrey, 2010). Consequently, Prime Minister Keating faced public backlash. To address these escalating issues, the administration under Keating implemented the Prostitution Control Act 1994, marking it as Australia’s inaugural legislation of its nature.
The Australian legalization policies can be categorized into three main groups regarding sex work: laws penalizing individuals engaged in selling sex, laws penalizing those involved in the management and organization of prostitution, and comparatively less common, laws penalizing individuals who purchase sex. (Pinto, 1996) However, despite the extensive advantages associated with these laws, a black market swiftly emerged and gained substantial popularity.
In 1998, a study conducted by End Child Prostitution and Trafficking (ACCEPT) found an increase in evidence of organized commercial exploitation of children (ACCEPT Australia, 1998). Surprisingly, the legalization of prostitution resulted in a rise in illegal child prostitution and trafficking. The supposed protection provided to women through “condom policies” was ineffective. Another study revealed that men were willing to pay higher amounts for sexual services without using a condom and often became violent when denied. Additionally, many prostitutes agreed to unprotected sex due to the temptation of earning extra money without considering the associated risks (Raymond, 2003).
Contrary to popular belief, the legalization of prostitution does not offer protection against health risks for sex workers. The policies aimed at legalizing prostitution have proven ineffective in controlling illegal forms of the trade. In Victoria, there are around 100 legal brothels, while a shocking 400 illegal ones continue to operate (Sullivan, 2007). Unfortunately, the illegal sector has grown more rapidly than its legal counterpart. This growth can be attributed to the expanding escort industry that operates internationally and poses challenges for local law enforcement. Additionally, escort prostitution does not adhere to safety regulations that can only be enforced in established brothels.
The 2002 Annual Report of the PLAN states that the Prostitution Act does not effectively encourage legality or discourage illegality. Furthermore, legalization does not deter crime groups from engaging in prostitution because they can earn significant profits from this industry. In fact, certain brothel owners exploit foreign women as sex trafficking victims to lower operating costs since they are less expensive and easier to acquire than legal workers (Dale, 2012, Washington Post).
According to Raymond (2003), illegal prostitution is more profitable compared to the legal option. This is because customers are willing to pay higher prices for services without using condoms, making it a highly lucrative business. Weber’s concept of rationalization explores how society has increasingly prioritized efficiency, predictability, calculability, and dehumidification. Engaging in illegal prostitution can be seen as a rational decision made by both the customer and the prostitute.
According to Jeffrey (2010), illegal prostitution does not involve paying taxes, undergoing health checkups or obtaining licenses and safety plans as required in legal prostitution. These regulations aim to protect the well-being of both prostitutes and clients, but some argue that they are excessively strict.
In comparison, illegal prostitution offers easier access and higher profits for the prostitutes. Unlike legal prostitution, illegal prostitution is not confined to specific red-light districts, making it more convenient for customers (leafless, 201 0) in terms of both distance and avoiding negative associations typically linked to entering red-light districts (cite). For organized crime syndicates, illegal prostitution undoubtedly provides greater opportunities for exploitation such as human trafficking (Jeffrey, 2010).
According to Jeffrey, one reason that pimps may choose to continue operating illegally is the convenience of using trafficked women. He argues that many people involved in the industry see no benefit and instead anticipate a loss of revenue from legalizing prostitution, making it a significant hurdle for legalization efforts (Jeffrey, 2010). This cost-effective approach is attractive to criminal syndicates as they can exploit and underpay illegal prostitutes. These examples demonstrate how rational calculation, at least in the short term, contributes to the ongoing resistance against legalizing illegal prostitution.
Despite the Australian government’s well-intentioned laws regarding prostitution, legalizing it has resulted in detrimental consequences for the country. These include vices, temptations, and exploitation which have negatively impacted both the economy and society. Despite attempts to regulate illegal prostitution, it continues to flourish due to local authorities’ insufficient motivation and capabilities in addressing the extensive criminal operations associated with it. Thus, the question remains: why does illicit prostitution persist?
Our examination of illegal prostitution involves considering the perspectives of the government, prostitutes, customers, and syndicates. We have referred to past sociological studies to understand its nature. Surprisingly, both prostitutes and customers find engaging in illegal prostitution a logical choice as it fulfills societal roles like supporting impoverished families. Employing a conflict perspective shows that profits drive involvement in illegal prostitution for prostitutes and brothel owners.
