Prostitution Should Be Illegal
In the United States, almost in every state, prostitution is illegal. Despite this prohibition, prostitution is a widely occurring activity. The inability of laws to prevent and control prostitution creates two schools of thoughts, the required changes, and the degree of change for prostitution. The liberal position believes that prostitution should be legal and regulated, to offer prostitutes safety, control and better health (Liberto, 2009). The more conservative position supports the prohibition of prostitution. I will argue against the reasons given by the opposition, by giving evidence for taking the pro stand for the illegalization of prostitution by the government, with tighter enforcement laws to prohibit the practice.
Some people believe that legalizing prostitution is necessary since the prohibition laws harm prostitutes, have contributed to their problems, and put them outside the protection laws. The argument is that prohibition has made prostitutes more vulnerable to predators, because it renders them relatively powerless (Anderson, 2002). Anderson argues that the legalization of prostitution would normalize it and treat it like any other service industry. This will give prostitutes power and autonomy to defend and protect themselves from predators. I believe that the legalization of prostitution will only complicate the problems of sexual relations in society, and will obscure and entrench issues with prostitution. The argument that prostitution should be legal does not hold ground, as the proponents do not give substantial foundations for legalization, especially when dealing with the problems associated with prostitution (Liberto, 2009). The problems here include human and child trafficking for sex trade, exploitation of minorities and the poor, health concerns, degrading, objectification, and sexism of women.
One of the reasons identified for the prohibition and the making of prostitution illegal is that it will prevent and reduce the cases of human trafficking and the exploitation of persons for prostitution. This is a problem associated with the debate of prostitution. According to Brown (2011), sex trafficking is a serious legal and moral problem which is affecting thousands every year. In the U.S. alone, approximately 14,500 to 17,500 people, come in annually through human traffickers. The U.S. State Department identifies that these people are trafficked for various reasons, but mainly into prostitution and servitude (Brown, 2011). There is no doubt that the legalization of prostitution will leave women and children vulnerable to criminal syndicates that have proven to be highly organized for authorities. The need for prohibition and laws on prostitution is to protect innocent women and children, and at the same time offer individual states federal protection on trafficking enterprises. Additional laws will assist in creating safety nets to capture traffickers by increasing international cooperation with law enforcement (Hughes, 2005). This move is a necessary and more effective strategy in combating the sex trade, which is especially prevalent in human trafficking. There is a need for tight prostitution laws to support anti-human trafficking and sex offender laws. This will protect and preserve the innocent forced into prostitution.
The second argument for the prohibition of prostitution is that it is degrading, causes social injustice, and creates sexist attitudes toward women (Liberto, 2009). The proponents are against prohibition as they suggest that choice of the exchange of money for sexual favors is not degrading. They believe that if women can reasonably choose to participate in prostitution, then the act is neither immoral nor derogative to society (Anderson, 2002). They argue that legalization will improve the lives and families of commercial sex workers, as they get livelihoods and at the same time increasing government revenues. This argument overlooks the different complicated issues surrounding prostitution. I support keeping prostitution illegal as it objectifies women and allows for opportunities for the induction of children. Prostitution without a doubt exploits, and degrades women (Liberto, 2009). Moreover, prostitution is not a literal business practice as it enslaves people, subjects people to abuse, violence, deceit, threats, psychological manipulation, and lures the poor and weak and abuses children (Weitzer, 2005). Often, ethnic minorities or persons displaced internally lacking legal status or citizenship find themselves abused and trapped in homes and businesses. In these places, they act as domestic servants, servile marriages and enslaved in prostitution. The legalization of prostitution will only increase the servitude of minorities seeking legal status.
Anti- prostitution laws will not only prevent human and child sex trade, but also will improve public health and prevent HIV/AIDS infections. Proponents supporting legalization of prostitution argue that prostitutes will be safer, and they will improve their health and quality of life. This is because they believe that legalization encourages sex workers to get social and health care and seek legal action, thereby improving human rights and public health (Anderson, 2002). Proponents propose legalization with provision of licensing and registration, regular free health checks to monitor effects of prostitution on the society (Rosenthal, 2012).
The belief in legalization will give sex workers avenues to address sexual harassment, exploitation, and violence cases. However, there is evidence that legalization will only increase health problems (Kinney, 2006). According to Rosenthal, it is difficult to legalize prostitution and require prostitutes to register and have background health checks to monitor effects of prostitution on public health. This is because registration creates permanent records of STI infections thereby increasing the stigma of prostitution. By forcing women to register and have mandatory health exams under the legalization approach, demeans sex workers and increases opportunities of infections (Rosenthal, 2012). This is because sex workers and their customers will opt for discreet rendezvous aware from public awareness. The danger is that this action only increases sex workers need for money thereby driving them to obtain fraudulent health documents. On the other hand, clients will assume there is no need for protection due to the health cards. This raises the question of whether legalization of prostitution is to protect the clients more than the prostitutes.
The opinion is that making prostitution illegal, promoting healthy living and safe sex is the best way to reduce public health concerns. Legalization of prostitution has serious cons than pros as it entrenches prostitution problems like a human and child trafficking for sex trade, exploitation of minorities and the poor, health concerns, degrading, objectification, and sexism of women. The legalization of prostitution does not give sex workers power and autonomy since it is still demeaning, is a social moral problem, degrades, and develops sexist ideals towards women. Legalization with registration is more humiliating than illegalization due to social stigma of health background and link with STI infections. This therefore, calls for Illegalization of prostitution, with tighter laws in collaboration with antihuman trafficking, sex offences laws to close gaps.
References
Anderson, S.A. (2002). Prostitution and Sexual Autonomy: Making Sense of the Prohibition of Prostitution. Ethics, University of Chicago, 112 (July 2002), 748-780. Retrieved 21st October, 2012 from http://myweb.dal.ca/mgoodyea/Documents/Philosophy%20and%20morality/Prostitution%20and%20sexual%20autonomy%20Anderson%20Ethics%202002%20Jul%20112%20748.pdf.
Brown, G. (2011). Women and Children Last: The Prosecution of Sex Traffickers as Sex Offenders and the Need for a Sex Trafficker Registry. Boston College Third World Law Journal, 31(1), 1-40. Retrieved 21st October, 2012 from http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CB4QFjAA&url=http%3A%2F%2Flawdigitalcommons.bc.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1001%26context%3Dtwlj&ei=wIeDUKvJKYrD0QXX4oHwAw&usg=AFQjCNFwZL2wPTsydyqlfWUcQY38jRofFw
Hughes, D.M. (2005). The Demand for Victims of Sex Trafficking. Women’s Studies Program, University of Rhode Island. Retrieved 21st October, 2012 from http://www.uri.edu/artsci/wms/hughes/demand_for_victims.pdf
Kinney, E.C.M. (2006).Appropriations for the Abolitionists: Undermining Effects of the U.S., Mandatory Anti-Prostitution Pledge in the Fight against Human Trafficking and HIV/AIDS. Berkeley Journal of Gender, Law & Justice, 158-194. Retrieved 21st October, 2012 from www.prostitutionresearch.info/pdfs_all/trafficking%20all/SSRN-id1478667.pdf.
Liberto, H.R. (2009). Normalizing Prostitution versus Normalizing the Alienability of Sexual Rights: A Response to Scott A. Anderson. Ethics, University of Chicago, 120 (October 2009), 138-145. Retrieved 21st October, 2012 from http://www.jstor.org/discover/10.1086/644624?uid=3738336&uid=2&uid=4&sid=21101177166523.
Rosenthal, M. (2012). Human Sexuality: From Cells to Society. 1st ed. Wadsworth Publishing. Retrieved 4th November 2012 from http://books.google.co.ke/books?id=d58z5hgQ2gsC&pg=PT474&dq=legalization+will+only+increase+health+problems+for+prostitutes&hl=en&sa=X&ei=UvqVUOP1JKTC0QWz_IGoDQ&ved=0CCsQ6AEwAA.
Weitzer, R. (2005). New Directions in Research on Prostitution. Crime, Law & Social Change, 43, 211-235. Retrieved 21st October from http://www.bayswan.org/New_Directions_prost.pdf.
