Decriminalize Prostitution

Introduction

Every now and then, and almost in every part of the world, we hear of looked- down and probably the most discriminated men and women in the society-we call them prostitutes. I say looked-down and discriminated since it is undeniable that society frowns at this group of people, for looking at it in the moral perspective, prostitution may be morally wrong. Yet, the society looks at them like criminals, worse than just morally flawed people. It would be better if we probe into the issue starting on how it is defined and how it works. Eventually, let’s try to weigh down things and see that prostitution really is not a punishable act as that of a crime, and that there are no legal justifications to consider it as one.

Prostitution: Its Definition and How it Works

Legally speaking, prostitution is a term that “generally means the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary considerations or other thing of value” (Prostitution Law and Legal Definition, 2005).

Prostitutes may either be male or female, young or old who engages in any sexual or sexually related activity in exchange for money most commonly, or of other valuable things. In most places however, prostitutes are commonly female, of male customers or clients (Legal Definition, 2005).

Prostitution involves negotiation, and since it is an exchange of trades, wherein one gets something in exchange for something, whether that something be pleasure or money, then in simple words, it is business. It is a service industry, where one provides sexual services, sexual satisfaction in exchange for something in reward, usually in monetary form. And just like other businesses, it deserves the right to be protected with the law.

Historical Background of Prostitution

Prostitution is always termed the oldest profession. It was probably derived from the dedication of women to the deities, or from fertility rituals in the olden times.

As far as 650 BC, during the Chou Dynasty, dates back the earliest forms of prostitution (Miller, 2005). And in Athens, Greece Solon (639-559 BC) began establishing brothels, wherein the workers were from the lowest class of the society (Miller, 2005).

In Rome, prostitutes were legal during the ancient times; they were licensed and taxed by the state. Male prostitutes also existed in Rome, which were however not regulated by the law.

In AD 305, prostitutes were excommunicated from the early Christian church against moral grounds. However, it continued to flourish and “ it provided an important source of tax revenue to the imperial state” (Miller, 2005). In other words, it was banished from sanctity, yet continued to prosper in the irreligious world.

Meanwhile, in India prostitution has existed ever since ancient Hindu times. Prostitutes were recognized and during Muslim invasion, although it was prohibited by the Qur’an, Muslim rules did not completely abolish it.

During the Middle Ages, prostitutes were taxed, licensed, and protected in the European government. It even contributed a large chunk of public revenue (Encyclopedia Definition of Prostitution, 2005). Brothels existed in large cities of Europe. In the 19th century, capitalism and liberal state brought women more liberty and rights. Some women of low incomes turned to prostitution in order to support them financially.

With the outbreak of sexually transmitted diseases in the 16th century, rules prohibiting prostitution began. Closure of brothels were prominent all over Europe, and stricter controls were developed.

Reasons for Prostitution

One of the more obvious reasons why a woman resorts to prostitution is that it is by far the simplest way to earn money. Not only does it require them less effort, it also is done in the shortest span of time.

Their desire for money roots from their personal desire for economic improvement, their desire for material needs, probably even basic needs. Women of considerably low incomes often have ...

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With the outbreak of sexually transmitted diseases in the 16th century, rules prohibiting prostitution began. Closure of brothels were prominent all over Europe, and stricter controls were developed.

Reasons for Prostitution

Their desire for money roots from their personal desire for economic improvement, their desire for material needs, probably even basic needs. Women of considerably low incomes often have this reason for resorting to prostitution.

While for others it is just a supplement of their low incomes, still there are other less fortunate women who made prostitution their sole source of income, mostly those that were uneducated and lack skills. Professional prostitutes are those that made prostitution their career. They have been true to their profession of giving away of their service, of giving their clients the satisfaction that they want, despite of a few risks that they take. These risks may be sexual violence on the part of women, or venereal diseases, which may be suffered by both parties. And despite the risks involved and of prohibition laws, prostitution still exists. In Sweden, buying of sexual services is prohibited, yet the prostitutes are not punished, only their clients (The 1999 Swedish Law on Prostitution). It seems an odd point of view on prostitution. They reason that the prostitutes are the weaker persons, and that they are just victims of their own economic needs, and of other people’s lustful desires. However, prostitution still lurks in the dark. It must be that prostitution is an essential trade and that no law could eradicate it.

Benefits of Decriminalizing Prostitution

Presently, in the United States, prostitution is generally prohibited. The punishment is for both the prostitute and her client. Police hunts down prostitutes, customers, and pimps. When in jail, the government spends a lot of money just to make these people undergo expensive systems. Therefore, jails and courtrooms become packed with these catch, and right after the trouble of paying their fines, we soon find them back again to where they were. It simply means that the law on prohibiting prostitution does not have any effect on it.

Underground prostitution is rampant. Prostitutes work in strip clubs, massage parlors, escort service agencies, or as individual street workers. This situation makes it hard for the government to track down prostitution works since it is hidden from the public. Moreover, customers and pimps may exercise brutality and violence on prostitutes since the law does not protect them. This makes prostitution uncontrollable, otherwise, it would be easy to track down sexual violence and create regulatory laws regarding prostitution.

Since it is difficult to track down prostitution, the same goes with tracking down their health. In underground prostitution, pimps are those that control them, making it easy for the prostitutes to work in an unhygienic condition lacking the proper and regular medical consultations. There could be no other means to impose regular health check-ups for prostitutes than to legalize it.

Legalizing prostitution will not only allow the government to track down these instances of violence and disease. It would also bestow the government the power to control it. Teen exploitation will be minimized, health safety concerns will be eased and sexual violence against women will be lessened. Both the customer and the prostitute would benefit with the legalization, in addition, it would save a lot of dollars for the government (Liberator, 2004).

Prostitution in Nevada

Only one state in the US is prostitution allowed, and that is Nevada. But not everywhere in Nevada, only in some counties. By state law, prostitution is illegal for counties which exceed a certain number in its population. Counties that pass this requirement may or may not have brothels. It is only in licensed brothels where you can meet the kind of lady you’d like to spend the night away (Nevada Legal Prostitution FAQ, n.d.).

Legal Conditions

Under Nevada law, any county with a population of less than 400,000 is allowed to license brothels, if so chooses.

Prostitution and brothels are illegal in Carson City, Douglas County, Lincoln County and Washoe County, while Eureka county doesn’t have any brothel, does not either permit or prohibit licensed brothels.

License fees for establishing brothels depend from different counties. In Storey County, the license fee is $100,000 annually, while Lander County imposes $200,00.

Legal prostitutes age also varies. In Storey and Lyon Counties, the required legal age is 18, while it is 21 in the remaining counties.

The law of the state requires that licensed prostitutes be checked regularly for sexually transmitted diseases and HIV. They should be checked weekly for STDs and monthly for HIV. Condoms are also required for sexual intercourse and oral sex. The brothel owners will be held liable if the customers are infected with HIV.

Prostitution outside brothels is prohibited, and advertisement of the brothel’s services in counties where it is illegal is also considered unlawful.

Ever since 1986, no brothel prostitute was found positive of HIV when compulsory check-ups began.

Although prostitution outside of licensed brothels is prohibited, “entertainment” is very rampant and prostitutes work in massage parlors, bars, and casinos. And even the Las Vegas yellow pages are filled with these kinds of entertainment.

Ever since counties have begun legalizing brothels in the 1970s, they have been gaining a considerable economic benefit from the different revenue sources like licensing fees, liquor fees, work card fees, and property tax, which amounts to $10 million dollars annually for these counties (Gormley, 1998).

Organizations continue supporting the Nevada prostitution regulation because this gives the state the power to oversee and control prostitution, thereby stopping pimping, which may harm the women prostitutes. They see that even without these de-regulation laws, brothels would still continue to do business lacking the government’s control and restrictions (Prostituion in Nevada, n.d.).

The Government’s Significance

The government definitely has the power to do what its constituents cannot do, regardless of whatever form of government it is. Public officials are entrusted their positions because the people believe that they can make things happen, and that they know what is best for the people (Liberator, 2004).

Politicians should give more attention to giving social programs to enhance people’s knowledge on their own safety and concern, educating people and inventing preventive measures against crimes and diseases.

And the best way to educate people about prostitution is by bringing it out to the light. They should make it controllable by decriminalizing it. People, especially women of legal age must be given the chance to choose their trade or profession and become protected against violence and harassment.

Regulation or Ignorance

Decriminalization or regulation of prostitution promotes safer communities. It even gives the prostitutes the right to “get health insurance, worker’s compensation, social security, and disability insurance just like other workers, making it possible to stop working once they get sick or injured” ( Jürgens, 1995).

HIV/AIDS will be greatly prevented once regulation of prostitution is considered. Prevention of these infections are based on the concept that during regulated prostitution, clients and prostitutes won’t have the difficulty in taking precautionary steps in protecting themselves. Regulation encourages both clients and sex workers to be responsible for their acts. It encourages and permits safer sex activities within the sex industry. And, it improves working conditions for the sex workers of the industry (Jürgens, 1995).

Professional Prostitution

Prostitution has long lived with men, even back to the olden days of the Greek, Roman, and Egyptian Empires. Undoubtedly, it prospered into the modern era as urbanization and capitalism finds its way, too. And until now, prostitution remains a big issue despite the laws prohibiting it.

There are different types of prostitutes: the street workers, then those that dwell in clubs and other restrained places, and of course, the call girls. The street workers belong to the lowest in rank in the society of prostitutes; this group often has the most problems regarding health and violence. This happens due to the lack of supervision and oversight. While other prostitutes of “higher ranks” can provide for themselves regular medical check-ups, these women prostitutes cannot. They are the most exploited, and their revenues are mostly given to pimps. Therefore they need special attention. They remain trapped in their situation, while the two other groups move on, leaving them helpless. The society should take actions to help these women, they do not deserve to suffer and be abandoned.

Sound Reasons for Decriminalization of Prostitution

First of all, prostitution is a trade, and there is no reason why prostitutes’ human and civil rights should be violated because of their profession. Prostitutes deserve the rights that other workers of different trades enjoy.

There was never a law that eradicated prostitution.

Prostitution is a service industry; it provides sexual services in exchange for payment, commonly in cash form. If prostitution is done between people of legal age and of consenting adults, then they deserve the right to engage in this industry if they so choose, and they should be fully protected by the law.

Minors and consenting adults who are exploited and forced to engage into some sexual activity should have full protection of the law, and the law should punish those that exploit them.

Prostitutes as workers of the service industry is worthy of the same rights that other workers have in other trade, especially the right to legal protection from crimes like sexual harassment, sexual abuse, and of rape.

Individuals and or groups have the freedom to believe whether prostitution is wrong or not. If they choose that prostitution is wrong, then they have no right to be involved in any act of prostitution, whether as customer or worker.

Prostitution is business, and therefore it should be under full protection of the law as with any other businesses that operate in the country.

There are always dishonest and immoral people in all walks of life and in all kinds of profession. If all dishonest people were caught and their profession be criminalized, then there would hardly remain a single legal and honest profession. Regardless of whatever trade dishonest people come from, the law should deal with these people accordingly (Philosophical Overview, n.d.).

Conclusion

This paper has evaluated the favorable conditions that decriminalization of prostitution would offer in the society. Not only would it give the government easier control over the sex industry, it would also allow its people to have their own choices, to follow whatever career one chooses. Through decriminalization, it would give prostitutes the kind of respect that they deserve. It would give them strong hold of the rights and the privileges that normal people should enjoy.

So what really is morally wrong with prostitution? The giving of money or the barter? Wives often do that; sex has been a bartered trade even within the bonds of marriage. Prostitutes are simply giving their service, and it is therefore natural for them to expect payment. Just like a tutor would teach you your lessons in exchange for money, or the lawyers who impose fees for every legal action that they make for their clients.

Therefore, decriminalization of prostitution is sound and has with it favorable effects on the society contrary on what religious people believe.

References:

“Encyclopedia Definition of Prostitution”. 2005. 2 May 2005.