The Legality of Prostitution

Christina Chen Student No. 23410095 FMST316/John Cringan May 25, 2011

Prostitution, often referred to as the worlds oldest profession, is an issue that has historically faced much public debate and controversy. The controversy of prostitution stems from concerns of morality, human rights, safety, and health. Prostitution can be seen as an oppression and commoditization of women, a moral corruption of society, or a womans fundamental right and means to financial support through the sale of her own body (Shannon, 2010). In dealing with prostitution, governments around the world have adopted different legal approaches to the issue (The Legal Status of Prostitution by Country, 2010). In Canada and many other countries, a Catch-22 situation is created through partial legalizationwhere the act of prostitution (the consensual exchange of sexual services for financial gain) is legal but the solicitation and communication for the purposes of prostitution are illegal (Study, 1997). In other words, it is legal to engage in prostitution but it is virtually impossible to find customers legally. The spectrum of legal stances adopted ranges from full legalization (including government regulation) to full illegality. Position one contends that all acts of prostitution should be fully legalized while position two contends that all acts of prostitution should be illegal. Each of the two opposing positions attempts to tackle the issue of prostitution by appealing to different audiences within society at large, presenting valid arguments to their cause. The first position supports the full legalization of prostitution. Full legalization is defined as the decriminalization and government regulation of the prostitution business. Under full legalization, bawdy-houses are licensed and regulated by the government, prostitutes are registered, and strict regulations are instated to ensure that prostitutes attend regular medical check ups for venereal diseases (Shaver, 1985). Proponents of the legalization of prostitution

argue that prostitution is a victimless crime, where actions are considered voluntary, consensual, and without harm to any one individual (Duchesne, 1997). In face of such a victimless crime, Shaver (1985) argues that the enforcement of prostitution related laws poses an unnecessary heavy cost on society. Shaver goes on to suggest that taxpayers dollars could be better used towards cracking down on more serious crimes and the incarceration of more dangerous criminals. Additionally, proponents argue legalization of prostitution will reduce the high profits that attract and encourage the involvement of organized crime (Symanski, 1981). In Nevada, the only state in the United States where prostitution is fully legalized, there is strong, widespread support for the legalization of prostitution (Symanski, 1974). The widespread support expressed by the residents of Nevada lies in the control factor. The control factor argues that because the existence of prostitution is inevitable, it is better to confine prostitution to designated areas of a city rather than have it widespread. Moreover, residents appreciate the brothels attempts to control the spread of sexually transmitted illnesses as prostitutes are subject to frequent, mandatory medical examinations. On the other end of the spectrum, position two contends that all acts of prostitution, including both the act and solicitation of prostitution, should be illegal. The support for criminalization is rooted in the view of prostitution as a social evil and a form of moral corruption (Shaver, 1985). While some may still see prostitution as a moral issue, most are more concerned with the public nuisance aspect of prostitution (Shannon, 2010). Proponents of criminalization draw attention to the ineffectiveness of legalizing prostitution and how it actually does little to improve the welfare and protection of prostitutes. In the Netherlands, where prostitution is fully legalized, prostitutes see legalization as a way for the government to increase tax revenues rather than a means to improve their protection or health (Schippers, 2002). Daley

(2001) points out that legalization further stigmatizes prostitutes as it forces them to register their names, losing their anonymity. Such requirements often encourage women to engage in underground street prostitution rather than operate in sanctioned brothels (Schelzig, 2002). Additionally, Daley (2001) argues that rather than controlling the sex industry, legalization of prostitution expands the market as prostitution now accounts for 5% of the Netherlands economy. By giving the sex industry more legal security and market stability, legalization only forces more women into entering prostitution against their will (Raymond, 2003). The relationship between the legalization and criminalization of prostitution seems to lie in the two positions attempts at controlling and eliminating the public nuisance aspect of street prostitution. Because street prostitution tends to be the general publics most visible and pressing concern, the legislation different governments have put forth (whether it is full legalization, partial legalization, and criminalization) have all made strong efforts to curtail the visibility of prostitution. Full legalization suggests regulating brothels to control the spatial dispersion of prostitution, partial legalization seeks to eliminate the solicitation of prostitution, and criminalization outlaws prostitution altogether. Throughout the process of analyzing the two legal approaches to prostitution, I have learned about the complexity of the issue at hand. Both positions raise valid arguments to support their cause and emphasize the opacity of prostitution. By analyzing prostitution from two opposing perspectives, I was able to see that neither approach is flawless. Legalization fails to truly address the welfare and safety of prostitutes while criminalization seems to ignore the inevitability of prostitution as many womens means of living. Prostitution, the worlds oldest profession, has been a controversial topic for centuries and due to the complexity of the issue an ultimate solution seems unlikely to come in the near future.

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