The Issue of Legalization of Prostitution - Research Paper Example

June 10, Prostitution In order to discuss on whether prostitution should be legalized or not, there is a need to, first,understand what prostitution is and who prostitutes are. There is also a need to get a background on the origin of prostitution before coming up with any opinions on the practice. There are various definitions of the term prostitution. Prostitution, according to politics.co.uk refers to offering and providing sexual services for financial gain (Politics.co.uk, 2010, para. 1). Women’s Law defines prostitution as the exchange of sexual acts for money, food, rent, drugs, and other material goods (WomensLaw, 2011, para 1). According to these two definitions, it clear that financial gain is the result of offering or providing sex. A prostitute, therefore, is a person who offers or provides sex in exchange for financial gain. History of prostitution Prostitution is considered one of the world’s oldest professions going back to ancient times and civilizations. It traces its origins back to the Sumerians of Mesopotamia and their religious practices. This is from the practice that involved the king having sexual relations with the high priestess in order to secure the fertility of the earth in the process that brings people into being (Fanni, 2012, para. 2). The practice has continued over time and even has an account in the bible, in the book of Genesis. In ancient Greece, women were bought as slaves and taken to sex schools to learn how to provide revenue by selling sex (Fanni, 2012, para. 10). With these beginnings, it has been in existence with every civilization including slavery in Africa where kings owned women as slaves and sheltered them. To sustain themselves, they were expected to offer themselves sexually to men to receive gifts. In addition, .in Greek civilization, prostitutes went as far as to gain elite social status as a result of education and skill in their trade. Prostitution became a practice put into question with the rise of the Catholic Church in Europe, and its regard that all sexual practices outside marriage were sinful. As a result of the spread of Catholicism, prostitution became an offense that one could be prosecuted and punished for. Legalization of prostitution Prostitution in most parts of the world is an illegal practice and punishable by law. Legislative measures have been put in place to curb the vice that is practiced widely all over the world. In my opinion, prostitution has two sides to it, as to why it should, and should not be legalized. These points are highly controversial and of attract a lot of public attention, debate and opinion. Economic activities Prostitution should be legalized as it benefits the women involved in the trade as well as the countries involved. In regard to this, prostitution is taken as an economic development project that can generate revenue to be used in the countries. The key idea in this development is to work towards sustainable prostitution under the notion that sex is a human need and that sexual needs must be met. Therefore, as a way to cater for the sexual needs of the human populations, there is a need to influence prostitution, which is here to stay, into a beneficial venture with more responsibility and accountability. Legalization of prostitution; and its use as an economic venture can be engaged by poor and marginalized women so as to earn a living (Raymond 2004, p. 1162). The results of the above argument have already manifested themselves in Australia. In Australia, where prostitution is legal, revenue collected in a span of one week is up to 7 million dollars. These revenues are only from the state of Victoria, and only 60,000 men take part in the practice (Raymond 2004, p. 1162). If the revenue from then entire country were calculated, it would mean that it is a profitable venture. In addition, it is providing more employment opportunities to those with additional training on how to deal with persons with disabilities. For example, in Australia, some of those who are actively practicing are receiving specialized on how to meet the needs. In New Zealand, disability agencies are in a quest for funds to train active prostitutes on how to provide sexual services to men with disabilities, thus offering employment (Raymond 2004, p. 1163). However, legalization on these grounds should also not be considered. This is because; it proves how much the government of the affected country cares less about the rights of women. Legalization depicts the government’s willingness to commercialize the right to sexually abuse a woman. In addition, the disability agencies seeking funds, are seeking funds from the government thus creating a poor reputation of the government, as one that is willing to corrupt morals of its people. In addition, on the economic basis, legalization of prostitution could a positive thing. Prohibition puts in place mechanisms that ensure law enforcement arrests those involved. The mechanisms require funds to put in place, and law enforcement as well as task forces created to deal with such cases requires pay. Legalization cuts on these unnecessary costs that are further aggravated by taking offenders through an expensive judicial system. Instead of spending public funds arresting participants, the government could make money in the form of income tax. Child prostitution Prostitution should be given a legal status because it will result in a decline or even a permanent stop to the use of children as prostitutes. This is because sexual services will be more readily available to those who need them and decrease the number of pedophiles. However, it has been found not to be true in Netherlands, where prostitution is legal, the number actually increased after it was legalized by up to 300% (Ruth 2012, para. 13). This is because, legalization, creates a sense of acceptability and a thriving environment for traffickers and providers. They, therefore, make attempts to meet demand by supplying all available female bodies including underage children. Health On health, legalization is likely to reduce the rate of infections of diseases among sex workers. Legalization implies the creation of structures to regulate the areas in which prostitutes can solicit for clients as well as monitoring and regulating health standards. As a result of legalization, prostitutes will be confined in brothels where the above conditions will be met. Use of legal brothels has been observed to result in better health conditions for prostitutes. For example, a study in Nevada revealed that; none of the brothel workers had AIDS as compared to 57% of prostitutes in New York (Bovard, 1998, para. 16-17). New York City has not legalized prostitution while the counties in Nevada where the study was conducted have it legal. Besides this, legalization puts in place mechanisms to monitor the spread of diseases and even evaluate measures to be taken. Through the creation of databases, record on prostitutes can be maintained and be used to evaluate STIs prevalent at any given moment in the society. Legalizations, also contributes to regulation of the prostitution. In regard to this, the government could approve legislation that makes it a criminal offence for a client to have unprotected relations without consent of both parties. Apart from that, it could also make it mandatory for clients to produce documentation that they are disease free before having any relations with the sex workers. This ensures the medical safety of the prostitutes thanks to legalization. Legalizing prostitution should not be done following health risks that active prostitutes are exposed; in both legal and illegal practice. Legalization insists that it is done for the well being of the prostitutes and their health where they get tested for HIV/ AIDS and other sexually transmitted illnesses. However, the prostitutes are restricted in brothels where they conduct their activities with clients who are not tested before engaging in their sexual activities. This means that they remain exposed to STIs and HIV/AIDS. Once diagnosed with HIV, their career is over leaving them out in the streets with no chance of finding a decent job. Also, due to registration with local authorities, it also registers them with the FBI; thus background checks with insurance providers leaves them medically uninsured (White 2003, p 3). Crime Legalization of prostitution should also be done to bring down the rates of crime found as a result of the practice. Prostitution is known to be coupled with various crimes such as drug and substance abuse; human trafficking, rapes, soliciting and murders. Because prostitution is illegal, human beings are trafficked by cartels from different places in the world and made to work in illegal brothels where their, fundamental, rights are violated. Legalization ensures consent to work in this sector and crackdown on such cartels. For example, Sweden has a policy in which prostitution is legal, but anyone found buying sex is liable for prosecution (Raymond 2004, p. 1158). As a result, the male demand is cut, and thus traffickers have identified Sweden as a bad place to conduct business, and the vice has gone down. However, trafficking does not entirely go down but instead goes up, when legalized. Instead, it has gone up in some countries due to the increase in demand for sex workers. To match the demand for sex workers, cartels and criminal gangs force women and young girls from abroad into prostitution. Therefore, prostitution should be illegal to cut down the demand. Other crimes, especially violent ones, are generally lower in countries that have legalized prostitution. This, therefore, provides a valid reason for legalization as it leads to decrease in the frequency and numbers of these crimes. Empowerment Legalization of prostitution creates a starting point for prostitutes to protect themselves. Legalization creates a chance for prostitutes to make arrangements on how to advocate and for their rights. This is evident in New Zealand where commercial sex is only regulated by civil codes and business regulations (Carol, 2012, para. 4). Since its legalization, sex workers have come together to advocate for criminal law to govern their trade and thus protect themselves. Control Legalizing of prostitution leads in the expansion of the sex industry, especially prostitution and therefore, should not be done. Instead, of taming the rogue industry, it will only increase the presence and the influence it has. Legalization of prostitution signifies endorsement of the vice to the public (Raymond 2003, p. 4). In the Netherlands, for example; due to the legal status that prostitution has associations and organizations have come up. They are in consultation with the government on the direction to take in protecting the interests of their clients. In addition, as mentioned on earlier; it creates increased demand, which then leads to importing of exotic sex workers from other countries (Raymond 2003, p. 4). It is also visible in Australia, state of Victoria, where the industry expanded dramatically after it was legalized. The expansion comes with new forms of sexual exploitation, which include, but are not limited to tabletop dancing, peep shows, phone sex, pornography and bondage and discipline centers. Therefore, the development of these new vices should create grounds for which prostitution should not be legalized. In addition, legalization expands other clandestine networks of human trafficking. This is seen in countries such as Switzerland and the Netherlands where state backed prostitution acts as a catalyst. These two countries are used as conduits through which women can be smuggled all over Europe to conduct business for their masters (criminal organizations) (Raymond 2003, p. 4). Not only in the public domain does the expansion occur, but also in the private. This occurs in cases where legal prostitution is taken into residential areas and streets putting even young children at risk of exposure. Prostitutes take to the streets, to escape competition, which is high in the brothels. In the streets, they are more vulnerable and run the risk of abuse. Control Instead of creating a safe environment and favorable conditions for work, legalization instead takes away this opportunity and, therefore, should not be legalized. Sex workers in brothels that are controlled by managers have lesser choice as compared to illegal prostitution. For example, their bosses end up dictating what the prostitutes should do for their clients to improve their experience (Raymond 2003, p. 5). According to this, control is not given to the women to perform activities that they consider comfortable, but only do those that the employer asks them to do. Conclusion Prostitution, being the oldest profession engaged in by women, has had a controversial debate on whether it should be legalized or not. According to the facts presented; prostitution should not be legalized as its shortcomings outweigh the benefits. Work Cited Politics.co.uk. Prostitution, March 2010. Web. 10 June 2012 WomensLaw.org. Prostitution. June 28, 2011. Web. 10 June 2012, Fanni, Zac. A History of Prostitution: Just How Old is the World’s Oldest Profession? Sabotage Times. 10 June 2012. Web. 10 June 2012, < http://www.sabotagetimes.com/life/a-history-of-prostitution-just-how-old-is-the-worlds-oldest-profession/> Raymond, Janice. Prostitution on Demand: Legalizing the Buyers as Sexual Consumers. 10, October 2004. Web. 10 June 2012. Ruth, M.Lisa. Prostitution’s Problem is not the U.S. Secret Service. Washington Times. April 21, 2012. Web. 10 June 2012, < http://communities.washingtontimes.com/neighborhood/life-lisa/2012/apr/21/prostitutions-problem-not-us-secret-service/> White, N. Angela. “Legalization and Decriminalization of Prostitution Would Not Help Prostitutes” 1 mar. 2003. Web. 10 June 2012, Bovard, James. The Legalization of prostitution. September 1998. Web. 10 June 2012, < http://www.fff.org/freedom/0998d.asp> Carol, Leigh. Labor Laws, Not Criminal Laws, Are the Solution. The New York Times. April 19, 2012. 10 June 2012, < http://www.nytimes.com/roomfordebate/2012/04/19/is-legalized-prostitution-safer/labor-laws-not-criminal-laws-are-the-solution-to-prostitution> Raymond, Janice. Ten Reasons for Not Legalizing Prostitution and a Legal Response to the Demand for Prostitution. 2003. Web. 10 June 2012, < http://action.web.ca/home/catw/attach/Ten%20Reasons%20for%20Not%20Legalizing%20Prostitution.pdf > Read More