Summary: The Debate Over Decriminalizing Prostitution

Prostitutes are one of the most marginalized groups in our country. In general, these individuals choose to sell sex as a last resort and come into contact with sexual transmitted infections, abuse, rape, and even death. The United States preamble states that a goal of the U.S. government is to provide for the welfare of the general public. In this case, the general public means all of their citizens, including groups who are greatly marginalized. With prostitution being illegal, it is nearly impossible for sex workers to seek the help they need, despite the fact that they are the ones that usually need it the most. Decriminalizing prostitution will allow these individuals to finally receive the protection they deserve as citizens of the United States.

Due to the extensive amount of sexual partners sex workers have, higher rates of HIV than those of the general population are found among them. Although these individuals are the ones that need sexual health care more than most, with prostitution being illegal, it is difficult for sex workers to get the proper care they deserve. In turn, criminalizing prostitution contributes to the widespread HIV pandemic. In The Debate over

Decriminalizing Prostitution, Liesl Gerntholtz, the Executive director of women’s rights division, supports decriminalization for this reason. She touches on how countries with high rates of HIV, like South Africa, are moving towards decriminalization because they recognize that this is an approach that protects workers and therefore helps in lowering rates of this disease.1
Prostitution is one of the most dangerous professions; The murder rate for an American prostitute is 204 for every 100,000.

Besides murder, many prostitutes are victims of violence, abuse, and sexual assault. Although this corrupt maltreatment happens so often, the abusers are rarely penalized. Gerntholtz explains how if sex work were decriminalized, prostitution would then have the ability to come out of the shadows and shed light on those that are being trafficked; however when sex work is illegal people are less likely to come forward in fear of arrest and putting themselves at risk. It is important to note that while sex work is a choice, trafficking is not. By decriminalizing prostitution, a greater space is created to deal with the criminalized aspects that should be

criminalized.
Sex trafficking is currently a 58 billion dollar industry with 1 out of 10 men worldwide having bought a prostitute.2 With this high of a statistic, it can be inferred that as long as there is a demand for prostitution, people will continue to buy sex. The law is not a deterrent; Prostitution continues to be a market despite the fact that sex work is illegal in the United States. As Gerntholtz mentions, when you criminalize sex work the “good men” obey the law, however the “bad men”, the ones you tend to be more dangerous, continue to buy sex.1 Because of this, “the number of victims of sexual exploitation and sex trafficking are in the tens of thousands nationwide.1” Unfortunately, however, “fewer than 100 beds in residential treatment or shelters are known to exist that are designed specifically to serve survivors of prostitution or sex trafficking.3” Rather than attempting to take on the unlikely task of eradicating prostitution, the U.S. should seek to protect sex workers and their rights.
When looking at this debate as to whether or not prostitution should be decriminalized, it is important to acknowledge the greatest interest is protecting the wellbeing of the sex workers. With high rates of HIV and abuse, it is clear the current U.S. system is not successful in caring for these individuals. Decriminalizing prostitution is the solution in providing these individuals with much-needed safety.