Against Legalizing Prostitution - Essay Example

nthropology, and Social Work at Central Michigan University and Shekarkhar works at the Department of Sociology and Criminology & Law at the University of Florida. Hayes-Smith and Shekarkhar focus on the flaws of the current construction and propose alternative constructions instead of prostitution decriminalisation. According to Hayes-Smith and Shekarkhar, prostitution remains illegal in most parts of the US. The authors question whether there is empirical evidence to support United States’ argument that prostitution must remain illegal for maintenance of public health/safety.

According to the article, there are four assumptions of laws on prostitution. These assumptions include illegalisation of prostitution deters the soliciting of such services, prostitution spreads sexually transmitted diseases, sex work increases the vulnerability of prostitutes to victimization, and prostitution creates social disorder. Hayes-Smith and Shekarkhar argue, “…these assumptions have fear-inducing component directed towards prostitutes” (45). The authors add that the assumptions may also not be empirically valid.

Hayes-Smith and Shekarkhar believe that laws on prostitution are directed towards benefiting certain people and groups in society, but devastating others. Community members do not have common beliefs; hence, the laws are beneficial who believe that exchange of sex for money is morally reprehensible and a way out of the traditional family order. The authors posit that illegalisation of prostitution leads to injustices because it stigmatizes sex workers, infringing their right to use their bodies as a source of income.

The flaws identified in the current prostitution laws makes Hayes-Smith and Shekarkhar call for an alternative construction for addressing the inefficiencies. Additionally, Hayes-Smith and Shekarkhar posit that prostitution should actually be decriminalised because it is rampant among the upper class citizens whose chances of criminalization are