The Egyptians were the first to prohibit intercourse with native women or domiciled pilgrims in the temples and other sacred places of the time. In ancient Egypt, some women, prostitutes are not always known as felatrices, painted lips of one colour to make known their preference for this practice.
In the Phoenician culture emerged holding a series of parties and celebrations in honour of two deities of love. At these parties, women are severely in the body, later to offer their hair to the goddess. Women who wanted to keep their hair, with obvious contempt for her modesty, left the temple and headed to a kind of market where they only had access, as well as foreigners were required to be delivered as often as required. The proceeds of that flesh trade were intended to buy gifts for images of the goddess. Over time it acquired a business that spanned the entire Mediterranean. (Inciardi 2001 15)
In the ninth century, Charlemagne ordered the closure of all establishments where women were allowed to have casual sex and ordered the banishment of prostitutes. But given the rampant corruption, legal measures were harmless. During the Crusades, licentious women dressed as men in order to travel with armies, and thus to offer their services at night.
In the middle ages, the economic recession caused the prostitutes were established in major cities, college towns usually due to the large crowd of students to their services. It was the duty of principals to monitor students did not attend the domains of these women, but had little success. The prostitutes also went to carnivals and major festivals like the carnival or tournaments. (Harcourt 2005 201)
In the Modern Age, between wealthy nations and the nobility, the habit of ostentatious dinners helped to spread the more puritanical prostitution appearances. In the big cities like Rome or Venice, the number of courtesans was such that had to be regulated administratively under the direction of a woman who was called "queen", which is responsible for enforcing strict regulations on police. (Graaf 2005 35)
Within the animal kingdom there is also prostitution. Some species of penguins trade sex for suitable stones for nest building, and among the bonobos females offering sex in exchange for food, and as a mechanism of conflict resolution. (Flowers 2001 147)
Prostitution Today
Prostitution is since many years, a sensitive issue and raises some disagreement, both nationally and internationally.
The culture of peoples and their more or less conservative lives has proved crucial to the acceptance of a social situation, whether we agree or not, there has always existed and will continue to exist.
Turn your back to prostitution is not a solution. Legally prohibit the practice has proven to be ineffective. The question then rises is that, ‘Should prostitution be legalised?’
The legalisation of prostitution should not be seen as allowing an activity that is not commonly accepted by society, but rather as a response to a social problem with serious repercussions. (Farley 2000 29)
Legalisation of prostitution would benefit many players in the world of prostitution, including pimps, gangs and trafficking networks. For them, it would become a profitable business agencies bet on prostitutes and prostitutes. Advertise, in catalogues, its entire stock of human flesh with slogans like "all sizes, for all styles." It would resort to newspaper advertisements to recruit young people because, after all, a girl or a boy of 16 years (minimum age to start working) could work for the profession like prostitution. Imagination certainly would not dwindle to ensure the success of a business leaned on sexual exploitation of human beings. So, hold up: the legalisation of prostitution does not control, but only expands it. (Farley 2008 405)
Studies show that prostitution is a source for trafficking in humans, the increase for the exploitation and child prostitution and contributes to traffic drugs, less potential excessive consumption of licit drugs like alcohol and cigarettes. (Esselstyn 2008 123)
It is important to distinguish the women prostitutes in the streets and certain areas, which are pushed to the burnt body and soul for social, economic and cultural rights and women prostitutes in luxury, you are encouraged by the power of language implicit in the media, idea of "commercial sex". (Erickson 2000 767)
Prostitution and its operation today are considered blight on the social fabric. They are generally women with a history of suffering and trauma. Many of these victims have suffered childhood sexual abuse. Some are single mothers, who often live in the reality of adolescence educate and feed their children, getting no support from their loved ones, friends nor the state. There are others who seek to leave poverty and are lured by promises of a decent life to the Pathfinder borders in order to save money and build a life for himself and his family without going through the misery. Many also project their emotions in affective stranger, with the hope of a secure relationship, rescuing them of anonymity. (Edlund 2002 181)
Because of the wounds at a psychological level are fragmented, their self esteem is low and are vulnerable to rebuild their lives, afraid to step in breaking these chains. It is necessary to welcome them and do not stigmatize them.
The state and society has a duty to provide employment opportunities, health, and food, educational and religious. It is important to emphasize that the degradation by the practice of prostitution and its exploitation is a result of flawed and unjust system. (Lowman 2000 987)
The exploitation of prostitution violates women's rights and contributes to their discrimination. Promotes trade in human beings, which can never be the object of merchantability. (Davidson 2002 84)
Legalisation of prostitution
The movement in favour of the legalisation of prostitution, which has resulted in some countries, shows easily that the number of persons in prostitution has increased. (Davidson 2005 1)
Prostitution: A Violation of Human Rights of Women
It is well known that the tremendous growth experienced by the AIDS epidemic worldwide, is due to three factors that have proven to be the ideal breeding ground, if perhaps someone had intentionally designed: the drugs, homosexuality and prostitution. If the monogamous family had been a universal achievement, the HIV virus would probably confined to some African villages, and therefore unknown. (Lerner 2006 236)
It is often heard, often with chilling intent that prostitution has always been the world's oldest profession. I do not know who comes this idea, because in addition to prostitution, like slavery, should not be given the status of office, is it not more logical to think that was the game, the oldest profession? The age of any personal or social evil, does not confer a special status of legitimacy. Toothache, or crime, are also ancient customs, and always have to keep fighting against them. (Bimbi 2005 85)
The paradox seems to be, now that we live decades in which the dignity of persons, especially women, is recognized, prostitution is becoming in many countries in the world has never before imagined heights. (Belsa 2000 330)
One of the most degrading practices against women, often a source of mob violence and exploitation, and the main vehicle of epidemics such as AIDS, is tolerated as if it were impossible to beat cancer. Even sometimes presents the problem as a bad driving subjective application of a customs imbued with Christian morals. However, just look at other cultures, like China, to discover that in a few places as there is so ill-considered unworthy treatment of the person given to pornography or prostitution. (Bamgbose 2002 569)
To add to the madness, are the currents of opinion that the way they fight evil, is authorized, authenticated, giving them more facilities for expansion.
Among the various social reactions to combat prostitution, I think they are praising the actions of feminist groups. If these groups actually fighting to defend the dignity of women, there are many of them really giving battle. (Bakirci 2007 5)
Prostitution in Other Countries
The attempts of certain States, notably the Netherlands, to legalize prostitution were reported during a symposium organized by UNESCO in Paris on the occasion of International Women's Day in 1996. In the conversation that was devoted to forms of violence against women, be warned of the significant increase experienced in recent times the "sex industry", especially in Asia, Eastern Europe and Cuba. Under the pretext of ensuring better health protection, the legalisation leads to legitimize the system and the actions of the traffickers. One can not consider that prostitution is a normal job, without disregarding the fundamental right of women to be free from sexual exploitation. France endorsed the analysis and confirmed that it would change the law. It is found that when irregular practices are tolerated or even protected, it creates the ideal conditions to grow with ease the number of prostitutes. (Ayalew 2000 153)
Prostitution in Amsterdam
Prostitution is legal in the Netherlands in Amsterdam and for the most part concentrated in the Red Light District where he has enjoyed a long tradition of tolerance. Since October 2000, the prostitutes in the window are allowed by law for sex trade.
Today, prostitutes in the Netherlands are also taxpayers. Unfortunately, discrimination is still very much an integral part of this trade as prostitutes say they saw that some banks refuse to grant mortgages for example.
However, now as a legal profession, the government ensures that all prostitutes are able to access medical care and work in better conditions by regulating and monitoring working practices and standards. (Alexander 2007 184)
Moreover, contrary to popular belief, the Red Light District is actually the safest area in Amsterdam as clusters of policemen and private bodyguards employed by the girls are always on duty.
By the way, prostitution cabin is different from the Netherlands. In Utrecht, 30 minutes east of Amsterdam, has its own red zone, while Rotterdam has a number of sex clubs or private homes and smaller cities like Groningen and Alkmaar have also jumped on the bandwagon of the red light. (Widom 2006 16)
For those not easily offended, there are plenty of live sex shows, mostly in Amsterdam. And for the curious, there are numerous shows with video booths.
But of course, for the more adventurous people, there are more interactive shows. As for the goods, there is a somewhat eclectic mix of videos, magazines, sex aids and toys.
The Red Light District is also home to many gay bars and cinemas can be found very busy. There are also a number of brothels and private homes that offer a more traditional form of prostitution. (Vanwesenbeeck 2001 242)
The Australian Error
The countries that are debating whether or not to legalize prostitution could learn from what happened in the Australian state of Victoria. The state government legalized prostitution in 1984 and since then has flourished in the sex industry. After 20 years of experience, have not materialized, however, many of the promised benefits, according to a book published earlier this year.
The author of ‘Making Sex Work: A Failed Experiment with Legalised Prostitution’ (Spinifex Press), Mary Lucille Sullivan, gave a detailed examination of the situation in Victoria, who said herself "feminist activist." (Surratt 2005 23)
The system of legalized prostitution in Victoria is to maintain male domination, sexual objectification of women, and the cultural approval of violence against women" is her thesis.
Normalize prostitution as if it were merely a kind of employment has weakened women's equality in the workplace and contradicts other government policies aimed at protecting women's rights, accused Sullivan.
Too often, he added, the pressure to treat prostitution as just another job from a free-market neoliberal vision that sees women and girls as a commodity. Some feminists, who have supported the legalisation of prostitution, Sullivan continued, are also influenced by a libertarian perspective misunderstanding and a desire to establish the rights of prostitutes. (Sachs 2004 24)
Issues of Decriminalisation and Legalisation of Prostitution
Perhaps for as long as prostitution has been prohibited in most countries around the world, the arguments for and against decriminalizing or legalising the world’s oldest profession has been waged. Most people agree that prostitution will continue to exist in one capacity or another, whether it is illegal or not. Proponents and opponents of legal prostitution disagree on whether this would be in the best interests of the females (and males) who sell sexual favours, as well as in the best interests of society itself, in the United States, the debate has picked up steam in recent years as prostitution activists and organisations fight for rights and sexual privacy while anti-prostitution forces are quick to point out the negative factors associated with the sex trade industry. With the complexities on both sides, the issue will continue to be fought over, with no clear-cut winner, well into the twenty-first century. (Robinson 2006 48)
Intrinsic Violence
Trying to present prostitution as an occupation that is placed under the control of health and safety standards ignores the intrinsic violence of prostitution and the fact that sexual harassment and rape are indistinguishable from the product customers buy.
Moreover, legalisation itself has introduced a new series of harmful consequences for women. Among these is, ironically, a major expansion of the illegal side of prostitution. In fact, the phenomenon of street prostitution, far from disappearing with legalisation, has continued to grow in Victoria.
Moreover, legalisation, far from removing the influence of organized crime, has, however, more standing the role of illegality by introducing greater economic incentives for trafficking women and girls for both legal and illegal brothels. Sullivan also quoted experts in organized crime who argue that the legalized prostitution industry in Victoria still has strong ties to the criminal underground.
With respect to this human trafficking, Sullivan turns attention to international studies that put billions benefits of this modern form of slavery. Estimates of the number of women and girls who are trafficked are the 700,000 to 2 million each year. The legalisation of prostitution has done nothing to reduce sex trafficking. Furthermore, since the legalisation remains an issue of child prostitution.
For its part, the state saw economic advantages in legalisation, since it could tax an activity, until then, clandestine and illegal. Legalisation in Victoria was also defended on the grounds of minimizing harm to the women involved, to bring formal regulatory and legal protections in the sex industry. (Risser 2005 67)
CHAPTER 3: METHODOLOGY
Research Design
This research focused on the collection of secondary data. The extraction of data has been done from a number of sources like articles, journals, internet publications and books. Secondary research aims at gathering information through different mediums like broadcast media, literature, publications and other kinds of sources that are categorized as non-human. This particular genre of research doesn’t involve and kind of human subjects.
There is more subjectivity involved with the qualitative research pattern in comparison to the quantitative research methods. The qualitative methods have more room for collection of information and data in terms of both the secondary aspects and the primary ones. As mentioned earlier, this particular study is based over the secondary methods, so the research will be of an exploratory and open-ended nature.
The qualitative research is usually less expensive if compared with the quantitative researches and is more effective in terms of information acquisition. Qualitative methods are the right method of choice, particularly when the information cannot be collected with the quantitative measurements.
Literature Search
The relevance of the research topic and the publication year has been the criteria for the selection of appropriate literature. The usage of public, private and the online libraries has been made for the collection of the most valid available information. A few online databases for the gathering of data accessed are: Questia, Proquest, Pheonix, Ebsco and so on.
CHAPTER 4: DISCUSSION AND ANALYSIS
Defining Decriminalisation and Legalisation of Prostitution
Although decriminalisation and legalisation of prostitution are often linked together as though they have the same meaning, the two terms have different meanings and implications with respect to prostitution. In its purest sense, decriminalisation means to remove the criminalisation or criminal classification of an act, which in this instance is prostitution. It is unknown whether decriminalisation of prostitution would mean the repeal of all prostitution-related statutes or just of certain ones in certain communities, cities, or states. Currently anti-prostitution laws are inconsistently applied from jurisdiction to jurisdiction, suggesting that what may be considered a crime of prostitution in one city or town may not be in another and vice versa. If prostitution was completely decriminalized across the United States, it would no longer be a criminal offense to provide sexual favours for money—at least for adults. Undoubtedly, child prostitution would never receive a decriminalisation stamp of approval from the government or the general public, due to the moral and social implications of the sexual abuse and exploitation of minors by adults for their sexual pleasures and perversions. (Weitzer 2010 41)
Again, legalized child prostitution would likely never become a reality because of morality issues and the sexploitation of minors. But this issue would still have w be dealt with if other forms of prostitution were decriminalized or legalized, potentially increasing the demand for illegal child prostitutes.
If adult prostitution is ever removed in part or totally from the criminal statutes, or is decriminalized, it will almost certainly, as a consequence is at least partially regulated by the government — hence legalized.
Prostitutes’ Rights Organisations
The arguments for decriminalizing/legalising prostitution come, not too surprisingly, mostly from women working in the profession. Prostitutes’ rights organisations such as COYOTE (Call Off Your Old Tired Ethics) and PONY (Prostitutes of New York) are at the forefront of efforts to allow prostitutes more liberties to make an “honest” living just like any legal professionals, such as dancers, entertainers, doctors, lawyers, or even sex surrogates.’ One major reason, they point out, for decriminalizing prostitution is to make it easier for prostitutes to report crimes against them — particularly sexual assaults. Most prostitutes regularly face the threat of rape in their profession. One study reported that prostitutes were raped on average 31 times per year.’ Because prostitution itself is a crime subject to arrest and the indignities of the criminal justice system, few prostitutes ever report a violation. According to a study, only 4 percent of female prostitutes who are sexually assaulted ever report the crime. Those that do report commonly complain that the police and prosecutors fail to take them seriously or to act on the accusation with the same urgency and professionalism they would if it had come from a more respectable woman. (Day Kuo 2002 55)
COYOTE contends that decriminalisation of prostitution (hence, repealing prostitution laws and removing pimps and purveyors from the picture) would eliminate this dilemma that prostitutes must go through with every assault by a customer or pimp. If prostitution work is a noncriminal enterprise, the industry would be subject to standard labour and occupational safety regulations, and it would be easier for women to fight the abuses and crimes that accompany their work.
The right to privacy is also high on the list in support of decriminalisation/ legalisation for prostitutes’ organisations. San Francisco, for example, has appointed a task force to examine the possibility of decriminalizing prostitution. In San Diego, a Citizens group advocating prostitution-law reform” was formed. COYOTE went after Rhode Island’s prostitution laws, advocating the right to sexual privacy in Coyote v. Roberts. The case caused the state to amend its statute to decriminalize private consensual sexual relations between adults. (Bernstein 2007 12)
Most prostitutes see decriminalisation of prostitution as a matter of choice, similar to abortion. This is aptly summed up by a member of COYOTE and the National Organisation of Women: “Sex work certainly isn’t for everyone, hut you have to give people the choice when ii comes to their own bodies. Sex work can be dignified, honest, and honourable.”
Although prostitutes’ rights groups favour decriminalisation of prostitution, many are less supportive of legalisation of prostitution, since “legalising is understood to mean decriminalisation accompanied by strict municipal regulation of prostitution.” Many high-class prostitutes (and many lower-class prostitutes as well) entered the business because of the independence attached to it, and most are fearful of the prospect of this being taken away with legalising the profession. One call girl writer explained:
Legalisation — unlike decriminalisation — would probably mean that prostitutes could not act like independent business people. We’d have to work in a specific district, kick back part of our fees to the city or state, and register as prostitutes—which could go on a woman’s public record and affect her ability to travel, get health insurance or an apartment, and keep custody of her children. A lot of us would worry that the city would do a lousy job of running these establishments and we’d be faced with a “sex factory” situation”. (Raymond 2008 1)
The Costs of Illegal Prostitution
Many advocates of decriminalisation legalisation of prostitution believe that it would significantly lower the enormous costs associated with enforcing prostitution laws. In 1992, for example, there were nearly 9,000 assignments for prostitution in New York City, at an estimated cost of $1,200 per person (from the arrest to arraignment)) This added up to in excess of $10 million that was spent to “harass streetwalkers by jailing them, churning them through the courts, and then turning them back out onto the streets.” Sonic prostitutes have been arrested, at taxpayers’ expense, over 30 times in a year.’ A recent survey of operating costs in major U.S. cities found that the cities spent on average $12 million per year battling prostitution.’ The writer, Julie Pearl, reported that the study “focused on sixteen of the nation’s largest cities, in which only 28 percent of reported violent crimes resulted in arrest. On average, police in these cities made as many arrests for prostitution as for all violent offenses.” (Pruitt 2005 189)
Opponents of law enforcement spending on attempting to control prostitution point to the absurd economy of enforcing sex laws. San Francisco employs 12 vice squad officers who do nothing but arrest street prostitutes. It costs significantly more than $5 million to process the nearly 5000 cases they added to a bulging court roster. Critics suggest the money and effort should have been used to solve the 91 murders, 292 rapes, and 6624 robberies committed during the same period. As if misuse of these resources wasn’t enough, Bay bulldogs now confiscate condoms during Street busts, terming them “an act of furtherance”— evidence of alleged prostitution. In fact, this only interferes with the practice of safe sex.
Because prostitution is already illegal but usually consensual, few prostitutes or johns ever report the illegality of their sex acts to police. Hence, law enforcement must often go to the consensual offenders through various means of “deceit and trickery” to enforce prostitution statutes and create opportunities to spend more crime-allocated funds.
The view of many decriminalisation/legalisation advocates is that decriminalizing prostitution would make it far easier for police and law enforcement management to redirect these resources into fighting more serious, violent crime and criminals, as well as other types of sex crimes such as child molestation and child pornography.
Legal Prostitution and HIV/Aids
Sonic supporters of the legalisation of prostitution point toward the correlation between legal brothel prostitution in Nevada and a low rate of WV infection, compared with the rate of unregulated prostitutes. A study of brothel workers, incarcerated streetwalkers, and HIV revealed that whereas none of the brothel prostitutes tested HIV-positive, 6 percent of the unregulated street- walkers were HIV infected. Studies of prostitutes in New Jersey and New York found that 57 percent and 35 percent of the prostitutes tested positive for the AIDS virus.
Decriminalisation and legalisation proponents attribute the low incidence of HIV exposure among brothel female prostitutes to the strict regulations, requiring regular testing of prostitutes for sexually transmitted diseases. Conversely they blame higher rates of infection among unregulated prostitutes on the lack of regulations and health safeguards.
Legal prostitution in western European countries such as Germany and the Netherlands is believed by many social scientists to be a model for the legalisation. Decriminalisations of prostitution, in Hamburg, for example, streetwalkers are sanctioned in certain well-defined areas and prostitutes must undergo frequent health checks. Women with contagious diseases arc strictly prohibited from plying their trade. (Potterat 2000 233)
Legal prostitution is also believed by many to be the way to provide safer conditions for prostitutes, as well as to reduce other crimes often associated with prostitution. Critics, however, dispute the significance of legal prostitution in controlling street crime. Moreover) they argue that the potential problems of legalized prostitution (such as corruption and discrimination) outweigh any positive areas. The logistics of the legalisation of streetwalking prostitution in the United States would be a nightmare, they claim particularly given the high percentage of teenage streetwalkers. Separating legalized adult prostitutes from illegal child prostitutes would be only one major problem to solve.
The religious arguments: There is a sanctity in human sexual relations which is perverted by sexual activity with prostitutes; promiscuity is sin.
Supporters of moral and/or religious perspectives against decriminalizing prostitution come in all denominations, classes, races, and demographic groups. In many instances, they also cross over into social, political, or legal opposition to the decriminalisation or legalisation of prostitution.
Feminist Opposition
Feminists tend to oppose decriminalizing prostitution because many view the sex industry itself as “mechanisms of sexual objectification” and women’s “social subordination,” “inherently degrading, and “de-contextualizing women’s choices.”’ Good all summed up the feminist arguments against decriminalisation/legalisation: “It is beneath the dignity of women to be treated as a chattel that can be bought and sold, women should not be a slave to man.” (Potterat 2008 333)
Some feminists seek nothing less than the abolishment of prostitution. Feminist and ex-prostitute Evelina Giobbe, the founder of Women Hurt in Systems of Prostitution Engagement in Revolt (WHISPER), stated: “Prostitution is unwanted sex by definition. We don’t think it can be reformed.”2’ Other feminists, such as Iaurie Shrage and Jane Anthony, concur, arguing that abolishing the institution of prostitution (as well as pornography) will offer the most compelling challenge for the women’s movement into the next century.
Some feminists have actually taken a pro-prostitution position, regarding prostitution as a “career choice” or form of “empowerment for women.” In the words of one feminist prostitute: “For me, sex work happens to be the best alternative. It’s better than being the president of someone else’s company. It’s better than being a secretary. It’s the most honest work I can think of.” (Phoenix 2007 7)
The Realities of Prostitution
Many Critics of decriminalisation/legalisation of prostitution dismiss the notion of the prostitute as a “sexually free, consenting adult,” arguing that the realities of the sex trade industry fail to support this view.” One opponent of decriminalisation wrote that prostitution “hides the vast network of traffickers, organized crime syndicates, pimps, procurers and brothel keepers, as well as the customer demand that ultimately controls the trade.” Studies show that a high percentage of prostitutes have been sexually and physically abused during childhood, arc frequently sexually and physically assaulted as prostitutes by pimps and customers, and have a high mortality rate.” These disturbing trends are seen as proof that few females in the sex business are there by their own free choice.
Most streetwalkers arc essentially homeless, have a low income, and are often drug abusers who are controlled by pimps, drug suppliers, and customers.
Even prostitutes working for escort services or as independent call girls frequently face dire conditions including abuse, drugs, and dependency on customers to earn a living. The issue of freedom of choice must be weighed against the circumstances that make prostitution a necessity or addiction for many females. (Parsons 2004 1021)
The opposition to legalisation of prostitution further Points out that prostitutes in the United States and worldwide are typically society’s “most vulnerable members, those least able to resist recruitment. They are those most displaced and disadvantaged in the job market: women, especially the poor; the working class; racial and ethnic minorities; mothers with young children to support; battered women fleeing abuse; refugees and illegal aliens.”4 A growing number of women are smuggled into this country as prostitutes or arc forced into sexual slavery prostitution by criminal gangs and crime syndicates.’
Perhaps the strongest argument against decriminalizing prostitution is the large base of minors selling their bodies and sexual favors in the United States. Teenagers represent the greatest number of recruits into the sex trade industry. Removing the criminal status for adult prostitution would be an endorsement, in effect, for juvenile prostitution and the pimps that control them and pocket their earnings.
According to one article on worldwide prostitution, “faced with the difficulty of sorting out which women are prostitutes by choice and which are coerced,” many officials find it easier to suggest that entering prostitution is implicit with free choice.” “The distinction between force and freedom ends in assigning blame to an already victimized woman for ‘choosing’ to accept prostitution in her circumstances.”” This is challenged by Susan Hunter, representing the Council for Prostitution Alternatives, a social services agency for helping recovering prostitutes. She likens prostitutes to battered women. “When battered women ... repeatedly go back to the batterer, we do not take this as a legal consent to battering. A woman’s acceptance of money in prostitution should not be taken as her agreement to prostitution. She may take the money ... because she has been socialized to believe this is her role in life. Just as battered women’s actions now are understood in light of the effects of trauma and battered women’s syndrome; prostituted women suffer psychologically in the aftermath of repeated physical and sexual assaults. (Orchard 2007 2379)
The Dark Side of Legal Brothels
In spite of the plus factors associated with regulated legal brothels, opponents of legalising prostitution note that illegal prostitution continues to thrive in Nevada at casinos, conventions, and hotels because many prostitutes prefer “to avoid the isolation and control of the legal brothels.”Others favour working outside the stifling restriction of brothels; an independent prostitute can make ‘as much as $250 per one-hour session, reject a customer for any reason without risking management displeasure, and come and go as she pleases.”
Women are said to work as many as 12 hours a day, “even when ill, menstruating, or pregnant,” with no right of refusal. Although brothel prostitutes are routinely tested for sexually transmitted diseases, including HIV, their clients are not. Nor are clients restricted, per Se, from having sex with unregulated prostitutes and contracting an STD to be potentially passed on to a brothel prostitute (who, if tested positive for a sexually transmitted disease or HIS’, would lose her brothel job and possibly be forced back into street prostitution).
Legal brothels are also interconnected with illegal prostitution — paying tinder’s fees to procurers and pimps to bring in a steady supply of fresh prostitutes. Critics contend that penalties and enforcement of legal brothel laws must he increased to get greater compliance from brothel owners, prostitutes, and pimps. (Mukhopadhyay 2005 143)
CHAPTER 5: CONCLUSION
Prostitution is not a marginal problem, it is a phenomenon and scattered light that can not be ignored and withheld from public debate. In Britain, prostitution is decriminalized, or just the pimp is criminalized. However, I do not think that the criminalisation of pimping is sufficient to reduce the size of the phenomenon. However, the criminalisation of pimping and customers (search) are not sufficient to prevent women and men enter into the prostitution. It is necessary for law enforcement agencies to comply with the law and punish offenders, which does not seem to exist. It is necessary to optimize the social and economic structures of this country abandoned by the sea.
Talking about the pros and cons of legalising prostitution, it has various advantages and disadvantages (Mensendiek 2007 163)
Pros of Legalising Prostitution
In Britain there are over three hundred thousand prostitutes. Legalize this trade can bring great economic benefits are not reduced only to increase income.
There is the experience of countries like the Netherlands, who have governed this activity and achieved similar improvements in their day.
First, it is necessary to consider that only ten percent of them are legal residents, British or not. And large majorities do not exercise voluntarily.
Legalisation and regulation could cause the industry to reduce its size considerably and change its composition as well as expel illegal residents and attract women and men that had not exercised.
On the other hand, would be an increase in the number of discharges in social security and income taxes, including VAT.
But probably the greatest benefits come from improved hygiene and sanitation. These are twofold: the staff, reducing disease, injury or other damage to people and economy by reducing healthcare costs.
Legalising prostitution would bring many advantages. Mention a few:
- Decrease the transmission of sexual diseases
- Decrease in the presence of prostitutes on the streets
- Decrease of sexual exploitation and extortion
- New financial revenue for the Italian State
- Employment Growth
Legalisation will bring tax money, the girls will have social benefits such as health, pension and unemployment, that people become first (and by that I mean that citizenship may access, request protection to the police etc) more resources to defend themselves against gangs and pimps
The legalisation of brothels represents many advantages for prostitutes. For example, authorities may publish guidelines on safety, hygiene and working conditions. Brothels may be forbidden from forcing women to drink with clients or having unprotected sex or perform sexual acts that they wish. They can also bind to the brothels to allow entry of health services or associations for prostitutes.
The legalisation protects women prostitutes. Legalisation is the only way to protect the rights of these sex workers, as regulated and recognized rights.
Legalisation also protects the health of women. The only way to control and protect the health of women, men and public health is legalisation, as in every other facet of the workforce.
Cons of Legalising Prostitution
- Legalisation is a gift to pimps
First, we should clarify what "pimp." But if it means that the one who forces a woman and exploited in the sex trade practice, then legalisation is not a gift, because it prohibits the practice of pimp and makes prosecution more effective. But more, from the standpoint of economic interest, legalising limits the possibility of profits, when subjected to labour legislation and control and taxation. Where is the economic benefit? And they would like, many entrepreneurs have deregulated the labour system of prostitution.
- Legalisation promotes sex trafficking
This is empirically un-provable and ethically and legally irrelevant whether sex trafficking must understand voluntary and commercial sexual activity legal. Our country is the best example of how, today continues to grow that traffic, but harming the rights and freedoms of persons involved.
- Legalisation does not control the sex industry
Complete control, of course not. The regularisation of migrant workers does not imply total control of illegal immigration, but no doubt that the control is much greater in a situation legal. If the control is a value, legalisation is the most effective way to maximize this value. Much more, of course, that the banning or tolerance.
- Legalising prostitution is increasing in the street illegal
This is absolutely false. Now all prostitution is illegal and no one instrument to fight against it and against the use of the street. Therefore, for very low percentage to enter into the legal quota, it would be greater than at present, where one hundred percent of prostitution is illegal.
- Legalisation will not increase choice for women
If the current situation of illegal and unregulated extortion and coercion reaches its highest degree, it is impossible that legalisation does not increase the choice. If this is true of any social relationship sensitive and vulnerable (matrimonial, administrative), why not be valid also for the sex trade. Legalisation is the only framework that allows for some margin of choice for women and men in prostitution. And some say that in an unequal and unjust society, wage labour, and heteronymous expensive is only very relatively free. But this is applicable to multiple forms of wage employment, and even institutions like marriage.
- The legalisation of prostitution does not eliminate exploitation
The concept of "exploitation" has many different definitions. One is the one which combines all forms of exploitation of wage labour, based on private ownership of means of production and the domination of capital over labour, through the work of surpluses. From this perspective, there is no doubt that legalisation does not end up working, but it gives us more and better tools to combat it. Legalisation reduces drastically the risk of situations of exploitation in prostitution.
REFERENCES
Alexander, P. (2007). Prostitution: A difficult issue for feminists. In F. Delacoste (Ed.), Sex work: Writings by women in the sex industry. San Francisco: Cleis Press. pp. 184–214
Ayalew, T. and Berhane, Y. (2000). Child prostitution: Magnitude and related problems. Ethiopian Medical Journal vol. 38 no. (3). pp. 153–163.
Bakirci, K. (2007). Child pornography and prostitution: Is this crime or work that should be regulated? Journal of Financial Crime vol. 14 no. (1) pp. 5.
Bamgbose, O. (2002). Teenage prostitution and the future of the female adolescent in Nigeria. International Journal of Offender Therapy and Comparative Criminology vol. 46 no. (5) pp. 569.
Belsa, M. J. , Llacer, A. , Mora, R. , de la Fuente, L. , Castilla, J. , and Noguer, I., et al. (2000). Social characteristics and risk behaviours for HIV in a group of transvestites and male transsexuals engaging in street prostitution. Gaceta Sanitaria vol. 14 no. (5) pp. 330–337.
Bimbi, D. S. and Parsons, J. T. (2005). Barebacking among Internet-based male sex workers. Journal of Gay & Lesbian Psychotherapy vol. 9 no. (3/4) pp. 85.
Davidson, J. O. C. (2005). The anatomy of “free choice” prostitution. Gender, Work & Organisation vol. 2 no. (1) pp. 1–10.
Davidson, J. O. C. (2002). The rights and wrongs of prostitution. Hypatia vol. 17 no. (2) pp. 84–98.
Edlund, L. and Korn, E. (2002). A theory of prostitution. Journal of Political Economy vol. 110 no. (1) pp. 181–214.
Erickson, P. G. and Butters, J. (2000). Crack and prostitution: Gender, myths, and experiences. Journal of Drug Issues vol. 30 no. (4) pp. 767–788.
Esselstyn, T. C. (2008). Prostitution in the United States. Annals of the American Academy of Political and Social Science vol. 376 pp. 123–135.
Farley, M., Baral, I., Kiremire, M., and Sezgin, U. (2008). Prostitution in five countries: Violence and post-traumatic stress disorder. Feminism and Psychology vol. 8 pp. 405–426.
Farley, M. and Kelly, V. (2000). Prostitution: A critical review of the medical and social sciences literature. Women & Criminal Justice vol. 11 no. (4) pp. 29–64.
Flowers, R. B. (2001). The sex trade industry's worldwide exploitation of children. Annals of the American Academy of Political and Social Science vol. 575 pp. 147–157.
Graaf, R. D. , Vanwesenbeeck, I. , Zessen, G. V. , Straver, C. J. , and Visser, J. H. (2005). Alcohol and drug use in heterosexual and homosexual prostitution, and its relation to protection behaviour. AIDS Care vol. 7 no. (1) pp. 35–48.
Harcourt, C. and Donovan, B. (2005). The many faces of sex work. Sexually Transmitted Infections vol. 81. pp. 201–206.
Inciardi, J. A. , Pottieger, A. E. , Forney, M. A. , Chitwood, D. D. , and McBride, D. C. (2001). Prostitution, IV drug use, and sexfor-crack exchanges among serious delinquents: Risks for HIV infection. Criminology vol. 29 no. (2). pp. 15.
Jenness, V. (2000). From sex as sin to sex as work: COYOTE and the reorganisation of prostitution as a social problem. Social Problems vol. 37 no. (3). pp. 403–420.
Kidd, S. A. and Kral, M. J. (2002). Suicide and prostitution among street youth: A qualitative analysis. Adolescence vol. 37. pp. 411–430.
Kuntay, E. Family backgrounds of teenage female sex workers in Istanbul metropolitan area. Journal of Comparative Family Studies vol. 33 no. (3) (2002). pp. 345–358.
Kurtz, S. P., Surratt, H. L., Inciardi, J. A., and Kiley, M. C. (2004). Sex work and “date” violence. Violence Against Women vol. 10 no. (4) pp. 357.
Lasaridis, G. (2001). Trafficking and prostitution: The growing exploitation of migrant women in Greece. European Journal of Women's Studies vol. 8 no. (1) pp. 67.
Leheny, D. (2005). A political economy of Asian sex tourism. Annals of Tourism Research vol. 22 no. (2). pp. 367–384.
Leichtentritt, R. D. and Davidson-Arad, B. (2004). Adolescent and young adult male-to-female transsexuals: Pathways to prostitution. British Journal of Social Work vol. 34 no. (3). pp. 349–374.
Lerner, G. (2006). The origin of prostitution in ancient Mesopotamia. Signs: Journal of Women in Culture and Society vol. 11 no. (2). pp. 236.
Lowman, J. (2000). Violence and the outlaw status of (street) prostitution in Canada. Violence Against Women vol. 6 no. (9). pp. 987.
Luckenbill, D. (2006). Deviant career mobility: The case of male prostitutes. Social Problems vol. 31. pp. 283–296.
Mensendiek, M. (2007). Women, migration and prostitution in Thailand. International Social Work vol. 40 pp. 163–176.
Mukhopadhyay, K. K. (2005). Girl prostitution in India. Social Change vol. 25 pp. 143–153.
Orchard, T. R. G. (2007). girl, woman, lover, and mother: Towards a new understanding of child prostitution among young Devadasis in rural Karnataka, India. Social Science & Medicine vol. 64 no. (12) pp. 2379–2390.
Parsons, J. T., Koken, J. A., and Bimbi, D. S. (2004). The use of the Internet by gay and bisexual male escorts: Sex workers as sex educators. AIDS Care vol. 16 no. (8) pp. 1021–1035.
Phoenix, J. (2007). Regulating prostitution: Different problems, different solutions, same old story. Community Safety Journal vol. 6 no. (1) pp. 7.
Potterat, J. J., Rothenberg, R. B., Muth, S. Q., Darrow, W. W., and Phillips-Plummer, L. (2008). Pathways to prostitution: The chronology of sexual and drug abuse milestones. Journal of Sex Research vol. 35 no. (4) pp. 333–340.
Potterat, J. J., Woodhouse, D. E., Muth, J. B., and Muth, S. Q. (2000). Estimating the prevalence and career longevity of prostitute women. Journal of Sex Research vol. 27 no. (2) pp. 233–243.
Pruitt, M. (2005). Online boys: Male-for-male Internet escorts. Sociological Focus vol. 38 no. (3). pp. 189–203.
Raymond, J. G. (2008). Prostitution as violence against women: NGO stonewalling in Beijing and elsewhere. Women's Studies International Forum vol. 21 pp. 1–9.
Bernstein, E. (2007). Temporarily Yours: Intimacy, Authenticity and the Commerce of Sex. Chicago: University of Chicago Press. Pp. 12-15
Kuo, L. (2002). Prostitution Policy: Revolutionizing Practice Through a Gendered Perspective. New York: New York University Press. Pp. 55-59.
Weitzer, R. (2010). Sex for Sale: Prostitution, Pornography, and the Sex Industry, 2nd. ed. New York and London: Routledge, Pp. 41-47.
Risser, J. M. H., Shelton, A., McCurdy, S., Atkinson, J., Padgett, P., and Useche, B., et al. (2005). Sex, drugs, violence, and HIV status among male-to-female transgender persons in Houston, Texas. International Journal of Transgenderism vol. 8 no. (2/3). pp. 67.
Robinson, L. (2006). Sex in the city: Prostitution in the age of global migrations. Labour, Capital and Society vol. 39 no. (2) pp. 48.
Sachs, A. The last commodity: Child prostitution in the developing world. World Watch vol. 7 no. (4) (2004). pp. 24–30.
Surratt, H. L., Kurtz, S. P., Weaver, J. C., and Inciardi, J. A. (2005). The connections of mental health problems, violent life experiences, and the social milieu of the stroll with the HIV risk behaviours of female street sex workers. Journal of Psychology & Human Sexuality vol. 17 no. (1–2) pp. 23–44.
Vanwesenbeeck, I. (2001). Another decade of social scientific work on sex work: A review of research 2000–2000. Annual Review of Sex Research vol. 12 pp. 242–289.
Widom, C. S. and Kuhns, J. B. (2006). Childhood victimisation and subsequent risk for promiscuity, prostitution, and teenage pregnancy: A prospective study. American Journal of Public Health vol. 86 no. (11) pp. 6.