Think about the social stigmas associated with prostitution. None of them are good. We don't think about sex work in a positive light in our society because it is a taboo subject. You probably read the title of this article and thought, "What in the world?" and I would do the same thing. But I would argue that just because something is taboo or even goes against our morals, doesn't mean it can't be beneficial to many members of society.

Prostitution is a controversial subject that has been debated for years. While some countries have legalized sex work, the United States has made the act of selling or buying sex illegal. Many have argued that keeping prostitution illegal is necessary for the morals of society. However, there are many misconceptions about legalizing prostitution. The legalization of prostitution would be beneficial to both the prostitute, and society overall. It has been shown that places with regulated prostitution have improved safety, decreased spread of STDs, and is also beneficial to law enforcement. And while some have argued that legalizing prostitution would lead to growth in the sex trafficking industry, studies show that regulated prostitution has the potential to weaken sex trafficking. Overall, it seems that any perceived consequences are minor or flawed when compared to the benefits to society.

Prostitution has been known as the oldest profession, and it is still a source of income for many women in America, despite it still being illegal in most places. Prostitution even dates back before humans. Animal behaviorists have observed primates and other animals engage in prostitution-like behavior. For example, penguins sometimes trade stones for sexual favors. (1). The first signs of human prostitution are found in Mesopotamia. The Code of Hammurabi stated occupations for the Sumerians, and among the occupations for women listed was a prostitute. Prostitutes also appeared in Ancient Greek and Rome. Judaism and early Christianity prohibited all acts of sex outside of marriage and condemned prostitution. But later, some Christians noticed how the Bible portrayed Mary Magdalene: as a prostitute who was poor, exploited and needed help. This changed some Christians’ views and many believed that prostitutes needed to be saved rather than condemned. All over the world, prostitution has been a part of society.

Early Americans did not necessarily condone prostitution, but saw it as a necessary part of society. Prostitution thrived in commercial cities, and grew during the industrial revolution. Many men in the 1800’s saw prostitution as a way to protect the purity of proper women. When men sexually engaged with a prostitute, pure women were kept chaste and proper (1). Prostitution was actually legal in America all the way through most of the 19th century. But, there were certain regulations in place to regulate prostitutes. For example, prostitutes could be arrested for being “sexual deviants” or for “nightwalking” A multitude of acts and regulations were passed to criminalize prostitution, including the “White Slave Traffic Act” of 1910, which criminalized prostitution as an attempt to stop the increase of human trafficking. “By 1971, prostitution was illegal in all states, excluding a few counties in Nevada” (1). The movement of criminalizing prostitution is due to influences such as the Women’s Christian Temperance Union and other organization emphasizing Christian morals (especially regarding women) and this included the morals behind prostitution. Ever since, legality of prostitution in the United States is a subject that has been debated and since the criminalization of sex work, has been protested and many have agreed that the system is in need of reform.

When prostitution is criminalized, many problems arise for both the sex worker and for society. Carrasquillo (2014) found that Prostitution is costly, both to citizens and prostitutes…It costs taxpayers $167,731 to house an inmate each year in a city jail. That amounts to $460 a day, per inmate” (1). This money is being spent to try to fight a crime that is still flourishing and not being strongly enforced. Prostitution also increases the spread of STDs. Sex workers are also re offenders, and are economically threatened by the fines and arrests that come with criminalization. In a system of criminalized prostitution, sex workers are often under the control of a pimp, and many cannot demand the use of a condom, bringing about an increase in unwanted pregnancies, STDs, and other health concerns. A main concern for all sex workers is the threat of violent crimes. Due to the reputation of sex work, rape is almost expected from the profession. Carrasquillo (2014) argued that,“Women who have been raped are constantly scrutinized about their appearance, their behavior, and any signs that they were behaving provocatively or perpetuating a prostitute-like persona” (1). Ever since the criminalization of sex work, prostitutes have been especially at risk for violent crimes, along with health concerns, and economic strife.

Due to these flaws with criminalized prostitution, many have protested and sought to find alternatives to this system. The main reason given for the criminalization of prostitution is that the eradication of prostitution is the ultimate goal. But it has been argued that simply making the act of selling sex illegal will not put a stop to the sex industry, and this has been shown to be true in the United States. In recent years, prostitution has thrived, resulting in the spread of STDs, increased violence, and an also thriving human trafficking industry.

Many have agreed that the current system in place in the United States regarding prostitution is in need of reform. The legalization of prostitution would include decriminalizing the act of selling sex, but it would also include regulations, similar to regulations regarding other businesses, making this option the most beneficial to society. These regulations could have many benefits for the sex worker such as improved working conditions, decreased spread of STDs, economic benefits, and more. There are perceived consequences to decriminalization, but it seems that the benefits outweigh the consequences.

Legalizing prostitution would have health benefits, specifically the decrease in the spread of STDs. Health regulations would be among the requirements set in place with a legalized system. This would significantly lessen the risk of STDs, which is normally a great concern for sex workers. In a study done by Brents & Hausbeck (2007) that examines the legalized brothel system in Nevada, they found that, “The control of health exists as a regulatory practice to encourage safe sex and to minimize the risk of disease transmission” (2). In a system where prostitution is criminalized, it is difficult to implement programs that would prevent the spread of STDs, because prostitutes are arrested or penalized. But legalizing sex work can also give prostitutes the independence to demand contraception. It has been found that countries where prostitution is decriminalized or legalized, it is much easier for sex workers to demand the use of a condom with less fear of violence. Hayes-Smith & Shekarkhar (2010) looked into the decriminalized system of prostitution in Brazil and found that, “a feminist program reached out and assisted sex workers and the corresponding study found that 100% of the women interviewed were using condoms with only 16.5% ever having contracted an STD” (3). And when there is increased use of contraception, there is a decreased spread of STDs, less of a risk for cervical cancer and other health concerns, and also less of a risk for unwanted pregnancy. Overall, health regulations significantly impact the health of sex workers.

Specifically, legalizing prostitution could prevent an HIV epidemic. In Asia, there is risk of an HIV outbreak. A system where health regulations are mandatory could prevent this from happening. Ahmed (2001) studied prostitution in Asia and found that, “When sex workers are heavily penalised, implementing effective prevention programmes is extremely difficult. If Asia wants to avoid an explosive HIV epidemic, the most effective measure is to take appropriate action to stop HIV transmission within the context of the sex industry” (4). Many countries advise implementing health regulations in order to avoid an HIV epidemic. The illegality of prostitution has a direct correlation with the spread of HIV and the criminalization of sex work can be crucial to the spread of STDs.

A system of legalized prostitution would greatly improve the safety of prostitutes on the street. With prostitution illegal, many prostitutes will not report violence or rape, fearful of arrest. Carrasquillo (2014) found that, “criminalizing prostitution leaves victims of violence with few avenues for recourse due to fear of police action and general lack of legal protection” (1). Decriminalizing prostitution would benefit the overall safety of prostitutes, allowing them to go to the police and therefore deterring violent crimes in the sex industry. Countries with legalized prostitution tend to have lower rates of rape and violence due to the regulations set in place to protect sex workers. If the United States legalized prostitution, the rape rate would expectedly drop by 25% or 25,000 rapes per year (Hayes-Smith et. al 2010).

Adding regulations to the sex industry would also improve the safety and working conditions in legal brothels. A study done by Cho (2013) also supported this by stating, “Working conditions could be substantially improved for prostitutes – at least those legally employed – if prostitution is legalized” (5). In Nevada, at a legal brothel, they have a system in place to protect the prostitutes. Because of the regulations that come with the legalized system, conditions are improved, and there is more protection from violence, rape, STDs, etc. A study researching legal prostitution in Nevada interviewed owners of brothels to find what kinds of precautions they took to protect the workers. Another study done by Lutnick & Cohan (2009) looked into the opinions of sex workers. One stated that,

“So if we had it in a safe environment, where, say, for example, they could come in here, there are rooms back there, you talk to the client, you screen him. You know, you are saying: 'so, what is your health history’ and maybe there is a way you can check out a database. You could find out if he had an arrest record for any type of domestic violence... And then that would make it safe for the women” (6)

Most prostitutes in these legal brothels agreed that the regulations made them feel safer in their profession. Precautions like this set up in legal brothels protect the workers from potential dangerous clients. Without any legal regulations, prostitutes are susceptible to more violence. The overall safety of sex workers would be improved with regulations that come with legalizing prostitution.

Legalizing prostitution can be economically beneficial, to both the sex worker and society. A main concern for prostitutes in America is being fined and arrested. And because prostitutes are statistically re offenders, it would be economically beneficial to legalize prostitution. Carrasquillo (2014) obseved that, “In fact, statistics overwhelmingly demonstrate that prostitutes are constant re offenders. Arrests and fines do not effectively act as deterrents; prostitutes are soon selling sex in order to pay off their fines. Although prostitutes are not the majority of criminals in city jails, it is still costly. It was also found in that study that prostitution inherently affects crime rates, “Crimes associated with prostitution often exist because prostitution is illegal. This is supported by the fact that areas where prostitution is legal have lower rates of crimes connected with prostitution” (1). But it would not only be beneficial for the prostitute, it would benefit the society as well. Not only would there be less taxpayer money spent on arresting and housing prostitutes, but it would allow law enforcement to spend that time and resources fighting crime for crucial to the safety of society. The focus could be shifted towards violent crimes committed against sex workers, assault and rape. The economic and societal benefits that the United States could reap from legalizing prostitution are shown to not affect sex workers, but all taxpayers and members of society.

One of the main concerns with legalizing prostitution is the social stigma associated with sex work. Hayes-Smith et al. 2010 brought up the point that, “Another potential disadvantage is that there may be fear, especially by religious groups, that if prostitution were legalized that more people would take up this occupation. That is an empirical question as well and one counterargument to this notion is that simply legalizing prostitution does not erase the stigma or labels that are associated with this type of work” (3). While the social stigma about prostitution will not disappear with legalization, it will also not encourage people to take up sex work. It has also been argued that legalizing prostitution would give the government control over the bodies and sexual activity of women. Liberto (2009) discredited this idea, stating, “Merely legalizing the trading of sexual services for money would not permit corporations to claim surveying rights over women’s sexual activity” (7). Some believe that legalizing prostitution would erase the social stigma that comes with sex work, but in all actuality the preconceived opinions about prostitutes would still remain. Farley (2004) shows that, “legalization or decriminalization would remove this social prejudice against women in prostitution. Yet the shame of those in prostitution remains after legalization or decriminalization” (8). Studies show that simply legalizing prostitution does not erase the stigma associated with sex work.

Another disagreement on legalizing prostitution surrounds the issue of sex trafficking. Thousands of people, specifically women and children, are kidnapped and forced into sex trafficking, often taken to other countries. Those against legalizing prostitution have argued that human trafficking is likely to flourish in countries with a large sex industry. But as evidence has shown, legalizing prostitution actually does not cause the industry to grow. Sex trafficking occurs because of an already established prostitution market. Holman (2008) supported this by saying, "international trafficking in human beings could not flourish but for the existence of local prostitution markets where men are willing and able to buy and sell women and children for sexual exploitation” (9). Because the United States already has a market where men are willing to buy sex, prostitution and human trafficking is already flourishing. Fear of law enforcement one of the many reasons women and children being forced into prostitution have not found help. Individuals trafficked into countries where prostitution is illegal are less likely to seek help from authorities because they have been forced into an illegal activity. The human trafficking industry is already flourishing in our society, but criminalizing prostitution leaves victims of sex trafficking with fewer paths to safety.

Although it may seem that criminalizing prostitution would protect victims of sex trafficking, the most helpful thing to do could possibly be legalizing sex work. Some believe that legalizing prostitution could catalyze the sex trafficking industry in that country. Some have argued that a country with a large and legal sex industry can create a higher demand for trafficked women, increasing the sex trafficking industry in said country (Holman, 2008). But actually, the opposite is shown to be true. There is a possibility that sex trafficking could decrease if prostitution was decriminalized or legalized. Cho (2013) observed that, “the substitution effect reduces demand for trafficked prostitutes by favoring prostitutes who have legal residence in a country” (5). The substitution effect occurs when prostitution is legalized, and are then favored in that country. There becomes less of a demand for trafficked prostitutes because of the regulated sex industry, therefore decreasing the number of people trafficked into that country. Many have asked why this substitution effect occurs. It may be because legal prostitutes would be in safer and more reputable locations than trafficked prostitutes or because victims of trafficking are more likely to seek help. No matter the reason, legalizing prostitution could be a way for the United States to fight sex trafficking. If more countries had a regulated sex industry, there is potential to damage the trafficking industry as a whole.

Although there are perceived consequences to the legalization of prostitution, overall, the legalization of prostitution would be beneficial to society. The benefits of legalizing prostitution and implementing regulations could greatly improve the lives of sex workers and society as a whole.

References

1. Carrasquillo, T. (2014). UNDERSTANDING PROSTITUTION AND THE NEED FOR REFORM. Touro Law Review, 30(3), 697-721.

2. Brents, B. G., & Hausbeck, K. (2005). Violence and Legalized Brothel Prostitution in Nevada Examining Safety, Risk, and Prostitution Policy. Journal of interpersonal violence, 20(3), 270-295.

3. Hayes-Smith, R., & Shekarkhar, Z. (2010). Why is prostitution criminalized? An alternative viewpoint on the construction of sex work.Contemporary Justice Review, 13(1), 43-55. doi:10.1080/10282580903549201

4. Ahmad, K. (2001). Call for decriminalisation of prostitution in Asia. Lancet, 358(9282), 643.

8. Farley, M. (2004). "Bad for the Body, Bad for the Heart": Prostitution Harms Women Even if Legalized of Decriminalized. Violence Against Women, 10(10), 1087-1125. doi:10.1177/1077801204268607

9. Holman, M. (2008). The Modern-Day Slave Trade: How the United States Should Alter the Victims of Trafficking and Violence Protection Act in Order to Combat International Sex Trafficking More Effectively. Texas International Law Journal, 44(1/2), 99-121.