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The pros and cons of criminalization of prostitution
Advantages and disadvantages of legalising prostitution
The pros and cons of criminalization of prostitution
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The proposed legalization of prostitution is not a new debate, nor is it a subject that has been overlooked in research. The term prostitution is best defined as any situation in which one person pays another for sexual gratification (Greenberg, Bruess, & Oswalt, 2014). Though there are many types of sex workers such as strippers, bar girls, and phone sex operators, this argument will focus solely on those in the business of trading physical sex for money or bartering. Prostitution is already legal in eleven cities in Nevada and should be permitted throughout the remainder of the United States. Nevada’s legal prostitution areas will be used as a prime example as to the many benefits of nationwide legalization such as decreased sexual violence crime rates, economic development, health benefits and protection of the workers, and optimal laws that at the very least decriminalize organized prostitution. In this paper, I challenge to change the perception of prostitution in today’s society by providing many of the most common arguments used to defend it, so that an unbiased judgment may finally be considered in the legalization and decriminalization of prostitution in organized sanctions such as brothels and businesses promoting sex (i.e: Strip clubs, massage parlors, and fetish clubs).
Many argue that prostitution should remain illegal because it invokes and will promote sexual violence. But, is prostitution actually violent? Researchers Barbara G. Brents and Kathryn Hausbeck of the University of Nevada, Las Vegas answer this question in their article Violence and Legalized Brothel Prostitution in Nevada by stating “If by violence we mean actual physical harm, our research in brothels indicates that it is not. However, our researc...
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...tly outweigh the costs associated with legalizing the inevitable trade.
Through the legalization of prostitution comes increased personal rights and health aids such as mandatory health screenings and available healthcare. Mandating the use of contraception, such as condoms, would help lower the rate of exchange of sexually transmitted infections (STI’s) in the profession. When the Bush administration incorporated the mandatory use of condoms and health screenings for pornography workers, the rate of exchange of STI’s dramatically decreased. If the same concept went into effect for prostitutes, similar outcomes would be expected. The workers would not have to subject themselves to unprotected sex. In brothels, condoms are readily available and are encouraged. Brothels also regulate health screenings for its workers to insure the safety of its workers and clients.
Throughout Sex Work and the Law: A Critical Analysis of Four Policy Approaches to Adult Prostitution Frances Shaver discusses the need for change for women working as prostitutes. Shaver explains the ongoing problem surrounding prostitution in Canada and provides four possible ways to resolve the issue in her work. Three well thought out points Shaver writes about are the health benefits as well as personal safety for the women in the sex industry. She also touches base on the decriminalization of prostitution and the impacts it will have on nearby neighborhoods and the residents as well as a few other topics. Although Shaver discusses important areas, she does leave out some particular parts for concern such as the issues surrounding minors involved in the sex industry as well as the men and women who are involuntarily put into prostitution also known as human trafficking. While Shaver touches base on extremely well thought out points and provides a solution for dealing with Canada’s prostitution problem, she fails to elaborate on a few major issues that should be discussed as well when discussing the decriminalization of prostitution.
Kelly’s article has raised valid points regarding safety to the prostitute within a brothel, but there is so much evidence that proves the ill effects of this experiment in other countries that the evidence cannot be ignored. Although, parts of the sex trade industry may initially see positive results for some of the workers, the majority would end up worse off than before. Due to the illegal nature of this industry and the control exuded by the pimp, the physical and psychological risk to the prostitute, the highly addictive nature of sex, and the organized crime behind the scenes orchestrating and controlling ever aspect of the industry, it is clear that decriminalizing prostitution would result in significant negative affects on society, prostitutes and those with sexual addictions.
“There is no difference in work in which a women sells her hands, such as a typist, and a work in which a women sells her vagina, as in sex work.” Claims author Lacy Sloan. In today’s society, many people believe that prostitution is an immoral act. It is the world’s oldest profession and because it has been long condemned, sex workers are stigmatized from mainstream society (ProQuest Staff). However, the act of purchasing sex between consenting adults should not be prohibited by the government, but regulated for society's overall best interests. Prostitution is illegal and as a consequence prostitutes are often victims of violence and sexual assault; therefore, prostitution should be legalized and regulated to ensure the safety of sex workers.
Esselstyn, T. (1968). Prostitution in the United States. The Annals of the American Academy of Political and Social Science, 367, 123-135. Retrieved February 21, 2014, from http://ann.sagepub.com/content/376/1/123.full.pdf+html
Prostitution, as stated by Flemming, is known as a form of sexual activity, a kind of sexual style or category, and a form of economic activity, a way of making a living through the provisions of certain services, by behaving in accordance with, or falling into such a category (39). This definition, though, is controversial. While conducting research for this project, we found that most topics regarding prostitution and its affiliates were controversial. Each author gave a differing interpretation for the same data. Due to this, our project centered on the female prostitutes, even though there is evidence of male prostitutes.
Wurth, Margaret H, et al., “Condoms as Evidence of Prostitution in the United States and the Criminalization of Sex Work.” Journal of the International AIDS Society. 16.1 (2013): 1 - 3. Academic Search Complete. Web. 16 Oct. 2015.
Opponents argue that, prostitution has health effects and that is the reason as to why it remains illegal in most parts of the United States. Prostitution has social economic, physical, and a number of mental implications. The prostitutes and their clients are subject to a nu...
At first glance, legalizing prostitution may not seem like the best method for reducing STDs, and the preservation of public health might seem like a legitimate reason for continuing the ban on prostitution. However, since current prostitutes operate illegally, they may not have the motivation, education, or access to protection needed to practice safe sex, such as the use of condoms and receiving regular medical checkups for STDs. Now let us contrast this current situation with a legal alternative that requires frequent and stringent testing of prostitutes for STDs. Such a system already exists in the United States. According to the laws established by the Nevada Administration Code (NAC), an individual is allowed to engage in prostitution after being cleared me...
Prostitution is a topic that has been the subject of fierce debate and seemingly endless controversy. Martha Nussbaum addresses this topic in-depth and touches on many arguments against legalized prostitution in her article “’Whether from Reason or Prejudice’: Taking Money for Bodily Services.” One of Nussbaum’s main points in her article is to address one commonly used reason to justify the stigma placed on prostitutes – which is that they sell their bodies. Nussbaum points out that virtually everyone will sell their body for a living in one way or another, save for the few people with inherited wealth. Nussbaum’s principal motive in this article is to “investigate the question of sexual ‘commodification’” by discussing prostitution (412).
The oldest occupation in history, prostitution is one of the only occupations in which those who practice it are not protected by law in many first world countries. That however, sets the stage for disaster; women can get beaten and raped but will not report it out of fear of getting arrested themselves. To protect prostitutes and their patrons, voluntary prostitution of those over the age of eighteen in inevitable and must be legalized.
Prostitution is one of the most controversial subjects in the United States. There are many pros and cons to this subject. Should prostitution be legalized? Or should it stay illegal with no chance of becoming decriminalized? Some researchers confirm that prostitution is indeed the most ancient profession, while others argue with it; however, everybody agrees that trading sex for money has existed for quite a while. Prostitution is still a part of modern society. The fact speaks for itself, as there will always be a demand for the services that it provides, prostitution will exist in some form no matter what.
Little do most know, but on “[a]verage [prostitution] arrest[s], court and incarceration costs amount to nearly $2,000 per arrest. Cities spend an average of 7.5 million dollars on prostitution control every year, ranging from 1 million dollars to 23 million dollars.” Prostitution is the oldest known profession. Currently in 49 countries and counting prostitution is legal. Here in America there is a stigma following the label prostitute. We would rather resort to underground markets of sex labor. Endangering health, rights, and economics. Legalizing prostitution can reduce health hazards by giving heath care, also by giving rights to those that choose prostitution as their profession. In the long term this
Raymond, Janice. “Prostitution should not be Legalized”. Journal of Trauma Practice. 2003. n.pag. Web. 27 November 2011.
Many customers do not agree with the usage of condom and this affects the health of the prostitutes and their families as many venereal diseases could be transmitted by these men. Sex workers living with HIV who become pregnant need to be given a full range of options and not coerced to have terminations. In most cases the sex workers with HIV are forced to have terminations and are not allowed to give birth. If proper medical facilities are provided to these women then transmission of the disease can be stopped. These problems are rapidly increasing and adopting a systematized mechanism of legal structure is the only way to get through the
History of Prostitution The sex trade industry has been around for so long that it can be dated back to many ancient cultures. In ancient Mesopotamia, the sex trade industry involved different customs and was, at times, even practiced inside temples. An ancient Mesopotamian goddess, Ishtar, would offer her body to men to elevate them in society, and temples would also house sacred sex rituals involving kings and high priestesses. The fertility of the female body was worshipped and often used as a passageway for boys to become men. The female's ability to create life was one of the most critical factors in these civilizations.