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Legalizing Prostitution: Protecting Human Rights, or Promoting Modern-Day Slavery?

---- ---------Core English 3 10th of April, 2012

The World Goes Through Constant Revolution, Always Prostitution


I have myself been told, half pityingly, half sneeringly - that for every one unhappy creature (prostitute) we rescue out of the streets two will be at once supplied to fill up the vacancy; that this "state of things" is a necessary social evil, a quote from a letter written by an Englishman in 1956 regarding his views on prostitution (London Times). Prostitution is a highly controversial subject due to its personal and sexual nature, but preventing it from having legal status should not be based on in individual's moral beliefs it should be decided upon with the consideration of the workers' rights and safety. There are two sides, prolegalization and anti-legalization. Pro-legalization supports prostitution becoming legal in support of workers, while anti-legalization advocates believe that prostitution should be kept illegal for the support of the workers, or the victims as seen by the anti-legalization supporters. The word prostitution strikes a chord with the majority of people. It falls into a category with 'suicide', 'rehab', and 'molestation' of things you just don't talk about. Men paying women for sex evokes images of Pretty Woman, the Vegas Strip, and political scandals. Prostitution is nothing new; for centuries, women have been utilizing the fact that there are men willing to pay for sex. It's a profession so deeply rooted in history that it has been claimed the oldest profession in history. Officers in the Scottish military used to purchase prostitutes for returning soldiers as rewards for their service (Macleod). For as long as there has been sex for pleasure, women have been selling it.

Humanitys Counterrevolution Due to Prostitution


Prostitution is seen as a dirty word, and people often feel that prostitutes are beneath everyone else. To onlookers, they're the scum on the sidewalk at night. To those who feel their profession

shouldn't be legal, prostitutes are young women who are being abused by the world around them. If this is grounds for keeping prostitution illegal, then we have to review the other jobs that exploit workers and abuse labor forces. In an article from the BBC, Jason Patrick points out that people wear the clothes sewn by exploited workers in countries like Bangladesh. People protest to try and gain rights for these workers, but the same isn't done for job done by equally (if not more) exploited people. There are a stupendous number of jobs that require people to use and abuse their bodies for a profit. Models are photographed on a daily basis and their faces are used to sell clothing, perfume, and food. Mine workers are risking their lives by digging under the earth to get to the minerals that their bosses want (Patrick). The main difference between prostitution and these other jobs is that the government is there to protect the seamstresses and miners when they are treated unfairly. If prostitution was legal it could be defended by the authorities and the large population of prostitutes in America wouldn't be those unprotected, highly exploited workers. There are many legal things that are dangerous, unhealthy, and seen as unethical by some. The contaminants in cigarettes have been proven to cause many ailments most of which lead to death. Alcohol is another substance known to cause physical and mental harm. It's sold next to the bottled soda in convenience stores. These substances are directly related and proven to be the cause of debilitating problems people have. People driving down the road under the influence of alcohol are going to hurt a lot more people than some guy picking up a prostitute on the sidewalk. Still, alcohol and cigarettes are legal. They are legal, but they are highly regulated. Prostitution does have harmful effects, but with regulation and protection, some argue people would be making their own choices involving prostitution. Every aspect of prostitution is perfectly legal. People are free to pay for whatever they chose to pay for. People can have consensual sex with whom ever they want to have sex with, when they want to have sex with them, and how ever many times they want to have sex with them. There are no

laws against a one-night-stand. The combination of these factors, however, is illegal (Legalized Prostitution Is a Failed...). When faced with these arguments, many find themselves wondering, why is this combination of perfectly legal act illegal? Where is the damage done?

The Violent Institution of Prostitution


Much of the damage done doesn't affect the general population. The majority of the negative consequences of prostitution affects the prostitutes themselves. The young women are physical abused, harassed, and raped trying to do this job. According to a recent survey, 73% of a pool of prostitutes were raped as a result of their profession (Legalized Prostitution Is a Failed...). 80% claim to have been physically injured as a result of prostituting (Muehlenberg). According to another survey cited by the Bay Area Sex Worker Advocacy Network (BAYSWAN), 20% of prostitutes state that they have been assaulted by law enforcement officers. Women in prostitution are forced to do things that a real woman wouldn't do they have no choice but to demean themselves in order to get paid (Crouse). Prostitution does have a negative effect on the surrounding areas where it is legal. In areas where prostitution is high, rape has diminished in criminal status and is less likely to be charged. Rape rates also are at an increase in areas where prostitution is legal. The chance of being raped in Nevada (where prostitution is legal in areas) is three times higher than in New York City, where prostitution is illegal (Legalized Prostitution Is a Failed... article). Even though abuse is prevalent, many believe there can be safety in legalizing the profession. Presently, many American prostitutes work on the streets. Many of these young women are subject to attacks, abuse, and rape due to their lack of protection. If they were to work indoors, they would not be so open to attack. In legalized areas, many of the women work in brothels. These brothels must get a license to work as a protected brothel getting a license requires a fee and identification. One

must also obtain a license to become a legally working prostitute. In order to get one of these licenses, women have to meet certain criteria and meet with a social worker to discuss their choice. A prostitute will not be issued a license if she does not follow these guidelines and procedures (Brock). However, there are various issues that have been found in these legal brothels. Brothel owners often do not care what happens to the women who work for them as long as they get their payments, they don't think twice about what's happening behind closed doors. Often times, the women who are working at these legal brothels aren't legal at all; a majority of the workers are 16 years old or younger, which attracts more customers into the brothels. By legalizing it, some believe that the doors for more illegal prostitution are being opened (Nevada Coalition fact sheet). For example, in Victoria, Australia, the number of illegal brothels increased 300% after prostitution was legalized (Muehlenberg).

International Sex Business Contribution of Prostution


After legalization, there has been no proven decrease in illegal prostitution. However, prostitution prohibition hasn't proven as effective as some would like. In France, the movement against prostitution began in the 1960's they could be considered a front-runner in the clean-up of the world's streets. The French government has stated that no decent society would ever allow such indecency to occur within its borders. However, France still has an estimated 20,000 working prostitutes; an estimated 0.03% of the population of the anti-prostitution country sells sex for money. They have recently put a bill into place (that displeased the vocal public) that would establish fines of $4,000 and set 6 months in prison for those caught buying sex (Muehlenberg). No word on how well that's been working out for France. There are many areas where prostitution has been legalized. These areas have methods of

dealing with prostitution that have proven to benefit those working in the sex industry. In Sweden, prostitutes are treated as if they are the victim of a crime, and the john (purchaser of sex) is prosecuted as a criminal (Muehlenberg). This has been proposed by other people as the most logical solution, seeing as it does not hinder those who are forced into selling sex, but doesn't support prostitution as a profession. Amsterdam is believed to have the most successful way to handle legal prostitution. In Amsterdam, prostitution is treated as an legitimate profession. Prostitution is often seen as a rash on society, but the government in Amsterdam allows prostitutes to have an actual place of employment. Much like a parking garage, there are certain areas where prostitutes are free to work, called walkingzones. There are parking stall areas where the prostitutes do business. There are also brothels and clubs where prostitutes are allowed to work much like smoking areas. The walking-zones give access to information for the prostitutes. They have areas where they can get access to a social worker if they need one, and receive other mental and social help. The information centers also give screenings for sexually transmitted diseases and infection. The garage-like areas give access to basic needs like places to shower and access to birth control/ contraceptives. These areas have proven to give prostitutes access to a safe place as no violent acts have been reported to have happened in the walking-zones. In the legal areas of Amsterdam, the International Committee in the Rights of Sexual Workers In Europe (ICRSWE) provides informational sessions on the dangers of drugs and how to avoid getting involved in drugs while in the sex business. They believe that by giving access to this information they can reduce the number of people drugs affect in the prostitution business, since approximately 10% of prostitutes in Amsterdam have been reported to have used drugs (Jackson). Stockholm follows the system of legalizing selling sex but criminalizing purchasing it. After this was enacted, street prostitution (which has been cited as the most dangerous type of prostitution) has gone down by 66%. Due to the crack-down on purchasing sex as a crime, the number of men

buying sex in Stockholm has gone down 80%. Prostitutes caught involved with a person purchasing sex are treated as a victim, and they will often be given access to social help (Muehlenberg). Overall, prostitution has shown to make a dramatic drop in countries where selling sex is legal, but purchasing is illegal (Bazelon). Legalizing prostitution has proven to decrease the overall amount of prostitution.

Retribution From Prostitution


From the feminist perspective, prostitution is seen as a profession that highly supports genderbased discrimination. In comparison, there are few male prostitutes, which is why this paper generalizes with female prostitutes. By johns, prostitutes are treated as second class people. They only doing things real women wouldn't do for them. Prostitution divides women into respectable and non respectable. People are basically told to classify people as being worthy of value, or purchasable and disposable (Katerina). This does not only hold this label while they are prostitutes, but they hold this stigma through their lives because society has branded them as prostitutes. Prosecution for prostitution related crimes is unequal on terms of gender. An estimated 10% of the people prosecuted for prostitution related crimes are male, even though the criminals involved in the crime is generally 50-50. The criminal prosecution involved in prostitution isn't balanced among all those involved in the crimes, and the gender discrimination is prevalent. Prostitution is a female orientated business, but many of these females cite that they will not benefit from legalization. Of males surveyed, 70% admitted to being involved with prostitutes in their lifetimes (Bayswan report). Historically, a man in Scotland stated that prostitutes were doing an unpleasant but necessary job, and compared their work to factory workers (Macleod). Prostitution is a male supported industry according to an article by Ilvi Je-Cannon for the Coalition Against Trafficking in Women, the main supporters of legalizing prostitution are male, while the majority of

those against legalizing prostitution are prostitutes themselves. Legalizing prostitution is rationalizing johns demeaning women. Already, people are finding excuses for the high demand from males for sex reasons such as men needing multiple partners in order to be pleased, men being conditioned to view sex differently than women from a young age, natural instincts in males making them feel like they need to have sex more, and prostitutes needing their business in order to survive (Cannon report). In a survey of young men in Scotland, many admitted to having seen a prostitute. The majority of the young men revealed that they visited prostitutes because they felt pressure from their peers to be sexually experienced and be seen as more mature (Macleod). Prostitution doesn't support women, therefore, legalizing would not benefit prostitutes, but those who want to get away with purchasing sex (Raymond). In a gist, legalizing prostitution won't benefit those who people are looking to protect the only people who would benefit are those who are those that prostitutes are looking to be protected from, the johns.

The Revolution of Prostitution


Legalizing prostitution will increase the demand for other areas of the sex business. Demand for young girls will be higher. Therefore, pimps and madams will be looking to bring in women from outside the country. Trafficking is an illegal practice where goods (in this case, people) are stolen or sold illegally and transported elsewhere for profit, commonly seen with drugs. These people who are being brought in from other countries are not documented and cannot get help due to language barriers or fear. Many girls are sold by their families for a profit because they have no other choice. For example, in some countries of south east Asia, fathers sell their daughters to madams across borders in order to feed the rest of their family. Girls have no purpose to those families they just care for their sons so selling them doesn't outwardly effect them. It is believed that trafficking people from other countries will increase due to the legalization of prostitution. In areas of legalization in Europe

trafficking has increased (Finger). Trafficking is a major problem all over the world and it is believed that legalizing prostitution will only increase the demand for trafficked girls. On a more personal level, prostitution has an effect on families. Many married couples cite involvement with prostitution as leading to divorce=-. Relationships that have implications from prostitution fall apart due to exploitation of trust. Some believe that by legalizing prostitution, this behavior is being supported, and will thus increase in popularity (Muelenberg article). Of the men who have gone to prostitutes, an estimated 70-90% of them were married at the time (Raymond report). High exposure scandals involving prostitutes occur all the time politicians, actors, athletes, all have had broken relationships and careers as a result of involvement with prostitution. Arguments states that legalizing prostitution will support this sort of non monogamous behavior, and there will be an increase in this kind of purchased adultery. To counter this argument, it can be pointed out that prostitutes do not find people to come purchase sex from them men go out and find prostitutes. Without prostitutes, they would more than likely find someplace else to meet their needs.

Economic Distribution From Prostitution


As pointed out in an article from the Artivist magazine, Anti-prostitution versus proprostitution, prostitution is a job to make ends meet, just like any other. A person's moral opinion of how someone makes an opinion should remain their personal opinion, and should not inhibit others from finding a way to support themselves. Many prostitutes come from abusive homes, and the majority are runaways. They have very little education and support. For some people, selling sex is the only option they have to avoid homelessness or starvation (Veronica'svoice.org). In a failing economy, many people lack to resources to find a stable job with an income enough to support themselves. Prostitution is one of the few thriving businesses, presently. In Las Vegas,

there are an estimated 1000 year-round working prostitutes. If they perform one trick a night with a john for 300$ a piece, they turn in a profit of $109.5 million the majority of which goes back into the economy of Las Vegas at a bare minimum estimate. According to Steven Levitt's book, Freakanomics, prostitution as a career is a $30 an hour pay (Goldman article). People seek comfort when things aren't going well. Money that was previously spent on vacations has moved to a more instant gratification area. The hospitality industry is failing, but prostitution has increased in demand. Men will feel like failures who cannot support their families, or are doing less than stellar in their careers, so they seek some sort of instant gratification and comfort with a prostitute. People have less money to spend, so instead of putting money away in places where there's no guarantee of gratification, they turn toward something that is a guarantee and is all reward (Goldman article). The citizens of an area are going to utilize what they have access to for their benefit; in some areas, it just happens to be buying sex when the going gets tough. If prostitution were to be legalized, it would mean that the government would have a hand in the sex industry. This is seen as both good, and bad. In Nevada, the state government presently taxes prostitution. Many point out that this is like state-run sex slavery, because the local governments are benefitting from a largely illegal practice (the majority of in-demand prostitutes are under-aged and trafficked girls) (Nevada Coalition report). On the other side, if prostitution was taxed, the government would have some authority about the flow of money into the industry (Katerina article). Presently, the flow of money is through madams, pimps, and brothel owners. Prostitutes get a miniscule portion of the money they bring in. With regulation, they may get the portion of the intake that they worked for.

Prosecution and Prostitution


As of now, the government is suffering from trying to arrest and prosecute prostitutes.

According to Emily Blazeon's article titled Why Is Prostitution Illegal?, only 1 out of every 450 tricks performed by prostitutes is legally charged. Only 0.002% of the illegal acts of prostitutes are reported and proper legal matters taken. Enforcement, however, is still seen as a necessity, though it has proven to be failing. While prostitution is illegal, and on the off chance the prostitutes are caught, it costs upward of $2,000 to hold them for the night in a prison cell (Bayswan.org). The government, which could be taxing prostitution, is losing a large amount of money to attempting to enforce antiprostitution laws. Valuable resources are being wasted trying to track down these prostitutes, hold them, charge them, and try them for their crimes. As mentioned before, the majority of the faults in legalizing (read = supporting) prostitution comes from the end of the prostitute. Very few actually choose to become prostitutes. The majority of prostitutes are victims of childhood abuse (Hopeforthesold.com). Young women become dependent on pimps, madams, and brothel owners, the majority of whom will take advantage of the fact that these women have no place else to turn. The Oxford American Dictionary describes slavery as a person who is the legal property of another and is forced to obey them. While not the legal property, prostitutes who work for pimps and madams are the greatest example of modern slavery . They have no choice in what they do, but they cannot escape no matter how much they desire it. Many pose the idea that prostitutes themselves should not be punished, but those who enable them to fall into such a profession. This is not only the johns, but the pimps, madams, and brothel owners who are the cause of the distress and abuse on the young people (Katerina article). Pimps are known to take full advantage of young girls who have no place else to turn. According to Michele G. Shedlin, a pimp can recruit a runaway youth to work for him a matter of 28 minutes after he introduces himself. One person stated on the Pros and Cons of Prostitution article that prostitution as a career shouldn't be supported by the government through legalization, because one of the only people it supports are the pimps who manipulate and abuse the young people who work for them.

In the past, prohibition hasn't proven to work. Alcohol was made an illegal substance, but the only effect it had on the people was negative people made illegal alcohol in unsanitary conditions. This is likewise with prostitution. Prostitution is illegal in the majority of the United States, and it's been generalized as being a grimy profession and subject. If it were legalized, one can assume that the level of hygiene and over all sanitation of the profession would increase. People wouldn't be sneaking around back alleys and motels with prostitutes. That being said, people wouldn't be parading around with prostitutes like there was nothing to be said about it a survey conducted with males who admitted to having previously been involved with a prostitute at some point in their lives found the 80% of men would not have bought sex if they knew others would find out about it (Mees article). Prostitution is cited as the world's oldest profession. Through the majority of the time it's been around, prostitution has been illegal, but it's illegality hasn't proven to be an effective prohibitor.

Prostitution's Medical Pollution


On a more factual based side, there are some health worries in relation to prostitution. Even if prostitutes received assistance and access to STD/I screenings, they wouldn't be completely safe. There's no telling what a john might be carrying and transmitting to the prostitute. Johns will make higher payments for sex without contraceptives, and prostitutes aren't in a position to turn down the money (Je-Cannon article). Like other diseases, with long term exposure to the drug that is supposed to prevent or kill a virus could ultimately mutate it into an disease with immunity towards vaccines and anti-bacterials. If prostitutes were all on preventative drugs, and they were in the most contact with the strains of diseases, there is an increased chance of a disease with immunity forming. Preventative medicine is important. This isn't saying that people want to risk others getting diseases so the medications will work for some, it is saying that an over use of the medications will make them less effective for the majority. Prostitution legalization supports an abuse of these drugs, and

could have harmful side effects (Finger Barrows article). Prostitution not only holds a reputation damaging stigma, it can have harmful mental effects as well. The majority of those who get involved in selling sex are psychologically damaged from the beginning. They enter the profession as unstable people who need help, and they harm themselves more by being involved in such a scarring career (Sexwork.com). The majority (79%) of prostitutes in Amsterdam said that if their families where to be notified about their source of income, they wouldn't keep it up (Mees article). Young people have to keep up a double life between their family and their job and having to maintain a split life causes severe damage to a person's mental capabilities and sanity. The public's knowledge of prostitution comes from dramatizations on television shows and new outlets. There are many myths about prostitutes that may be adding to the idea that legalization may not be the most ideal choice. Many cite prostitution as the reason many women become involved in drugs. However, using the data found in a 200-person study, the majority of prostitutes who were involved in drugs were involved in drugs prior to becoming prostitutes. The numbers showed that they got their habit from their family members who were addicted to drugs as the prostitutes grew up around those drug-addicted family members. According to other studies of drug use and profession relationships, nurses were proven to have a higher chance of becoming addicted to drugs after they began working in their field than prostitutes (US National Library of Medicine). Drug use in relation to prostitution, however, cannot be ignored simply because they are not always related. There is a division among prostitutes low end and high end prostitutes. The low end prostitutes have previous addictions, and are working to fuel their addictions. High end prostitutes become addicted to drugs because of their line of work and the atmosphere it puts them in. Prostitutes are often seen as drug filled and disease ridden night-creatures, but in reality, they aren't filled with anymore significant problems than those with normal, legal jobs.

The Prostitution Solution


The solution that has been proven to work most effectively in areas to reduce the amount of prostitution and prostitution related crimes is to make the selling of sex legal, but the purchasing of sex illegal. Without purchasers, there is less violence on prostitutes (the majority came from johns) and less likelihood of disease transmission. Many people who sell sex are not willingly involved in doing so, therefore they should not be treated as criminals. Even if people did willingly become prostitutes, it is usually as a last resort. With legalization, these people would be more willing to seek help without fear of being punished or neglected for their profession. Prostitution is hardly a topic people are open and blunt about unlike other issues, such as drug use, prices, and elections but it's an important subject to look further into when considering whether or not prostitution as a profession is right or not. There is more to making a valid opinion than believing that selling sex is wrong. The opinion and conclusion I drew after research pointed me in the direction of supporting legalization, but with some stipulation. Prostitutes are people too, and they deserve equal protection and assistance as citizens. The majority of prostitutes did not choose to be prostitutes, and are presently being exploited by their pimps and madams. Those opposed believe that maintaining an illegal status will reduce the rate of negligence more than legality. Prostitution is hardly a victimless crime; young people are taken advantage of for the benefit of others (who physically and mentally abuse them). Not letting prostitutes feel free to admit to their profession and gain the assistance they need is the same as ignoring the problem altogether, and the issue will only escalate through ignorance.

Works Cited

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"Drug Use and Prostitution." Sexwork Cyber Resource Center. Web. 09 Apr. 2012. <http://www.sexwork.com/legal/DrugUse.html>. Finger, Reginald, and Jeff Barrows. "The Medical Arguments Against Legalizing Prostitution." The Medical Arguments Against Legalizing Prostitution. Family Research Council. Web. 09 Apr. 2012. <http://www.frc.org/content/the-medical-arguments-against-legalizing-prostitution>. Goldman, Abigail. "Not Even Prostitution Is Immune to Economics of Supply, demand." Las Vegas Sun. 14 Dec. 2008. Web. 09 Apr. 2012. <http://www.lasvegassun.com/news/2008/dec/14/ economy-affects-supply-demand-some-special-twists/>. Jackson, Patrick. "How the Dutch Protect Their Prostitutes." BBC News. BBC, 19 Dec. 2006. Web. 29 Mar. 2012. <http://news.bbc.co.uk/2/hi/6178793.stm>. Katerina. "Anti-Prostitution versus Pro-Prostitution." Artivist E-Magazine. Artivist, 14 Oct. 2011. Web. 09 Apr. 2012. <http://www.artivist.gr/en/2011/10/anti-prostitution-versus-pro-prostitution/>. "Legalized Prostitution Is a Failed Social Experiment." Opposing Views. Web. 29 Mar. 2012. <http://www.opposingviews.com/arguments/legalized-prostitution-is-a-failed-socialexperiment>. Macleod, Jan. Challenging Men's Demand for Prostitution in Scotland. Women's Support Project. 2008. Web. 30 April. 2012.

Mees, Helen. "Does Legalizing Prostitution Work? By Helen Mees." Policy Innovations. Carnegie Council, 2009. Web. 09 Apr. 2012. <http://www.policyinnovations.org/ideas/commentary/data/ 000107/:pf_printable>. Muehlenburg, Bill. "The Case Against Prostitution." CultureWatch. 13 Dec. 2011. Web. 05 Apr. 2012. <http://www.billmuehlenberg.com/2011/12/13/the-case-against-prostitution/>. Myths and Facts about Nevada Legal Prostitution. Online Fact Sheet. Nevada Coalition. Web. 28 Mar. 2012. <http://www.nevadacoalition.org/factsheets/LegliznFactSheet091707c.pdf>. "Prostitution Issues: Statistics." BAYSWAN. Bay Area Sex Worker Advocacy Network. Web. 09 Apr. 2012. <http://www.bayswan.org/stats.html>. Shaw Crouse, Janice. "What's Wrong with Legalizing Prostitution?" American Thinker. 3 Mar. 2010. Web. 29 Mar. 2012. <http://www.americanthinker.com/2010/03/whats_wrong_with_legalizing_pr.html>. Shedlin, Michele G. An Ethnographic Approach to Understanding HIV High-Risk Behaviors. Sociomedical Resource Associates. Report. 9 Apr. 2012. Silbert, M. H., A. M. Pines, and T. Lynch. Substance Abuse and Prostitution. National Center for Biotechnology Information. U.S. National Library of Medicine. Web. 09 Apr. 2012. <http://www.ncbi.nlm.nih.gov/pubmed/7143150>. "Statistics." Veronica's Voice. Web. 09 Apr. 2012. <http://www.veronicasvoice.org/statistics.html>. "Victorian London: Causes of Prostitution." The London Times. Letter to Editor. 1856. MS. England, London.

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