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Pro & Con Arguments on Prostitution Legalization

The document discusses arguments on both sides of whether prostitution should be legalized. It outlines 10 topics around the debate, including views of sex workers, law enforcement, and morality issues. Both perspectives are presented that legalization could help protect sex workers but may also normalize the buying of sex and commodification of women.

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Kel Li
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0% found this document useful (0 votes)
233 views9 pages

Pro & Con Arguments on Prostitution Legalization

The document discusses arguments on both sides of whether prostitution should be legalized. It outlines 10 topics around the debate, including views of sex workers, law enforcement, and morality issues. Both perspectives are presented that legalization could help protect sex workers but may also normalize the buying of sex and commodification of women.

Uploaded by

Kel Li
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Top 10 Pro & Con Arguments

Should prostitution be legal?

1. Should Prostitution Be Legal?


2. Sex Worker Views on Legalization
3. Law Enforcement Views on Legalization
4. Victimless Crime?
5. Morality of Prostitution

6. Human Trafficking
7. Prostitution & Violence
8. STD Prevention
9. Legitimate Business?
10. Government & Taxes

"If sex work is not going to disappear anytime soon, anyone who "Some assert that this 'profession' can be empowering and that
cares about the health and safety of sex workers – not to mention legalizing and regulating all aspects of prostitution will mitigate
their rights – should support moves to make it a fully legal the harm that accompanies it. But I cannot accept a policy
industry. That is what most sex workers want as well... prescription that codifies such a pernicious form of violence
1. Should Prostitution Be Legal?
against women. Normalizing the act of buying sex also debases
[C]ountries that criminalize the sex industry should consider the men by assuming that they are entitled to access women’s bodies
harms these laws cause... It is time to put aside moralistic for sexual gratification. If paying for sex is normalized, then
prejudices, whether based on religion or an idealistic form of every young boy will learn that women and girls are commodities
feminism, and do what is in the best interests of sex workers and to be bought and sold."
the public as a whole."
Jimmy Carter
2. Sex Worker Views on Legalization
Peter Singer, MA
Professor of Bioethics at Princeton University
39th President of the United States
"To Curb Prostitution, Punish Those Who Buy Sex Rather Than Those Who Sell
"The Case for Legalizing Sex Work," Project Syndicate It," Washington Post
Nov. 14, 2016 May 31, 2016
"I cannot understand why any form of criminal sanction should "As far as legislation towards decriminalising the sale of sex is
be considered applicable to the voluntary sale and purchase of concerned, I hold the same views today that I held all through the
sexual services in 2016. This is clearly a private matter in which 1990s when I was a working prostitute myself, and that view is
the state should not seek to legislate... no, I do not support that, because to support decriminalising the
sale of sex would be to support prostitution itself…
Criminalisation does not help people 3. Law
get outEnforcement
of prostitution and Views on Legalization
legalisation does not trap them in it. I believe if a prostitute or former prostitute wants to see
"It's time for legislators to wake up from prostitution
slumber land legalised,
by it is"Prostitution
because she is notinured [desensitized]
a fairy tale. 'Pretty Woman' normalizes
As a society we can choose whether to make it easier for people
legalizing and regulating prostitution... both to the wrong of it and something that destroys [Link]
to her own personal injury it...
It glamorizes prostitution and
to escape prostitution or whether to make life harder for those creates an illusion that prostitution is a voluntary, desirable
trapped in it. Some folks disapprove of the immoral nature To beofprostituted
sex for saleis and,
humiliating enough;
occupation. Thetofilm
legalise prostitution
suggests is
that prostituted people are
perhaps, rightfully so. But judging morality to condone that humiliation,
is for churches, and to absolve
knowledgeable andthose
havewho
otherinflict it. Itthey might have chosen.
options
I have always believed that any person
employers, selling
family sex has and
members a right to Itisshould
peers. an agonising
not be ainsult.
matter The reality is that prostitution and sex trafficking make up a
demand whatever resources foritlaw
would take for them
enforcement, courttodockets
leave and jail cells, costing the harmful, pervasive, illegal, and violent criminal industry
prostitution into a situation that they
taxpayer can realistically
dearly, every day, thrive and
every month, every year... involving pimps and traffickers Rachel
whoMoran
are tied to gangs, drugs, and
Former sex worker and Co-Founder of Survivors of Prostitution-Abuse Calling for
grow in." street violence...
Enlightenment (SPACE) International
Prostitution flourishes in the black market that would not exist if
"Should Prostitution Be Legal? Let's Try Listening to the Real Experts,"
brothels and hookers were legitimized,Gaye Daltonlicensed, medically Now is the time to act. [Link]
need men and women to speak up for
Former sex worker Sep. 22, 2013
inspected, zoned and taxed. Like drugs,
Written evidence submitted to the UK Home Affairs Committee's Prostitution gambling and other those who can't speak for themselves. We need to attack this
crimes of morality, or alcohol
Inquiry, available prohibition of years past, the black harmful sex industry from all sides by targeting the pimps and the
from [Link]
market is nourished by draconian laws
Feb. 23, that forever fail to
2016 traffickers, providing services and exit strategies for those being
accomplish its intended purpose... prostituted, and educating and dissuading would be buyers. We
need to dissuade buyers from fueling this industry and hold them
In Germany, and other countries, prostitution is legal and taxed. accountable when they do."
They turn the 'crime' into an economic plus. In other countries
like the United States, we create the 'crime,' which turns the Donna Gavin
Lieutenant, Human Trafficking Unit, Boston Police Department
behavior into an economic negative. And, it's still a thriving "'Pretty Woman' Normalizes Something That Destroys Lives," [Link]
business, law or no law."4. Victimless Crime? Mar. 23, 2015

Marshall Frank
Retired Captain, Metro-Dade Police Department
"Frank: Let's Legalize, Regulate Prostitution," [Link]
Aug. 29, 2015
"There are no 'victims' of the act of prostitution itself. The "Prostitution is often described as a 'victimless crime', or a
'victimization' occurs when a client assaults the professional - 'consensual crime', because in theory, no one present at the crime
rape, battery, etc., robs them of their fee, drugs them... is unwilling. In reality, this is a myth. In reality, prostitution of
women is a particularly lethal form of violence against women,
While adultery is (morally) grounds for divorce, it is NOT a and a violation of a woman's most basic human rights.
crime in the USA. Therefore, when one's spouse 5. Morality
has sex with a of Prostitution
prostitute in the USA, it should not be a crime. Ergo, there is NO It is rarely the media-approved version of prostitution, a sexy and
VICTIM – victimLESS 'crime.' And if sex
"Consensual prostitution wereaslegal,
is legal. But soon the highly-paid
as one adventure
party offers cash towhere business
"In my policeiscareer,
conducted
I metatand
upscale
even developed working
word 'crime' wouldn't even appear in this paragraph... bars
another in exchange for sex and that money is voluntarily and in hotel rooms; though
relationships with 'working girls.' that
some sex workers do have The work is nothing like Julia
accepted, it's considered prostitution, andexperience, most
that is illegal. do is
This not. For the vast
Roberts majority
in 'Pretty of prostituted
Woman.' It is deplorable and in many ways
Prostitution should be legalized and called
hypocritical, something
illogical, less
and wasteful - andwomen,
it needsprostitution
to stop... is thedegrades
experience andofrobs
being
thehunted,
participants of fragile parts of their
derogatory, such as 'Sex Worker' or 'Licensed Companions'... dominated, harassed, assaulted and battered.
humanity...
Perhaps you think sex work is an immoral lifestyle. However, it is
Prostitution is, at its core, arguably
a simple notransaction
less moral – athan
trade of moneyofSadly,
a lifestyle random the'hooking
majorityup,'of girls enter prostitution
or I would say the ideabefore they have should be legalized is
that prostitution
for a service. As long as all theparties are of legal
stereotypical age and
lifestyle of theability to reached
professional the or
athlete agerock
of consent.
star [Link] otherForwords, theirwho
those few firstsuggest
commercialotherwise, I would argue sex
consent, according to the laws of theabout
who brags land inhowwhich
many it occurs,
women he has sexual interactions
had sex with... are rape... for money is illegal not just because it's immoral, but because it's
since when is a simple transaction a crime?." just plain bad for women at every level."
Another
It is the duty of government to protect property rights and to myth is that most women and girls choose to enter the
Wendy C. Garfinkle, MA,
prosecute individuals who coerce or forcesex MFA industry. Again,
themselves upon while this is true for a small number of sex Joe Vargas, MA
Crime Analyst at the Broward County Sheriff's Office Formerof Captain of the Anaheim Police Department
others.
"Here Are the Reasons Why I However, the government
Think Prostitution
workers, the research indicates that for the vast majority
needs to stop wasting resources "Vargas: Legalizing Prostitution Would Do Nothing to Curb Abuse, Degradation
Should Be Legalized,"
on voluntary, adult sexual exchanges… Itwomen
[Link] is timeand girls,
to put an itend
is atohighly constrained choice. Ultimately, of Women," Behind the Badge OC
this hypocritical and wasteful prosecution of sex workers and as a genuine 'choice' for women, such as
Nov. 4, 2016viewing prostitution Feb. 26, 2017
their clients." secretarial work or waitressing, diminishes the possibility of
"[C]riminalizing prostitution makes sex trafficking more likely. "[M]odels of complete decriminalisation and legalisation of the
getting women out and improving their lives."
One widely recognized consequence of prohibition is the sex industry Ninosincrease
P. Malek,trafficking
PhD inflows by fostering demand for
formation of cartels, which in a black market are more likely to ofthe
Professor sexualatexploitation
Economics De Anza College of women and girls... Katie Pedigo, JD
use violence. This violence drives some producers out"Why of theCan't You Pay for Sex?," [Link] Executive Director of New Friends New Life
market, leading to higher prices and large criminal enterprises Legalisation or Mar. 1, 2017"Prostitution:
decriminalisation of Athe sex industry
'Victimless is often
Crime'?," [Link]
Mar. 19, 2013
with monopoly power. Instead of breaking apart sex-trafficking touted as a way to weed out organised crime in the industry and
rings, prohibition increases their profitability, making trafficking reduce the associated illegal trafficking inflows. However,
more appealing to criminal enterprises... evidence shows that legalisation/decriminalisation only increases
flows of women trafficked into the industry and provides a
After legalizing prostitution in 2003, New Zealand found 'no legitimate front for organised crime, while at the same time
incidence of human trafficking.' Moreover, legalization made it reducing police oversight of the industry."
easier for sex workers to report abuse and for police 6. Human
to prosecute Trafficking
sex crimes." Coalition Against Trafficking in Women Australia
"CATWA Submission to the Legislative Council Select Committee on Human
Trafficking in New South Wales," [Link]
Abigail Hall-Blanco, PhD
Feb. 2017
Assistant Professor of Economics at the University of Tampa
"Legalized Prostitution Is Safer," [Link]
Feb. 19, 2017
7. Prostitution & Violence
"The Netherlands holds a long tradition of regulated tolerance "Legalisation does NOT reduce violence.
toward prostitution. Besides the well-known window prostitution
in red-light districts, the Dutch government also regulates other Women who bring charges against pimps and clients will bear the
parts of the sex industry... burden of proving that they were 'forced.' How possibly can a
prostitute prove that she was forced to become a victim of sexual
8. STD Prevention
Our empirical results show that opening a tippelzone [designated violence if this has happened in her recruitment or is part of her
legal street prostitution zone in the Netherlands] reduces sexual 'working conditions.' Violence is the nature of sex industry.
abuse and rape. These results "It isare mainly
argued thatdriven by a 30–40
legalising or decriminalising sex work is "[U]nder laws that legalize and try to regulate prostitution, health
percent reduction in the first two years after opening the
beneficial to curbing the HIV epidemic because it allowsIt is a cruel lie to suggest that
checkdecriminalisation
cards are often givenor legalisation
to women. ofIn theory, the cards can be
tippelzone. For tippelzones with a licensing
governments system,
to monitor andweregulate thethe sexwhole
trade. industry
In doingwill
so, protect prostitutes.
presented to buyers It isasnot possible
proof that theto women have been tested and
additionally find long-term decreases
they in sexual
can ensure assault
that sex and are
workers a 25empoweredprotect someone whose source
to negotiate of income
are disease free… exposes them the
Even when to the
women are tested for medical
percent decrease in drug-related
condomcrime, which persists
use, improve in theto public
their access likelihood
services,ofandbeing raped conditions,
protect on average theoncetests
a week."
are unreliable and invalid because many tests
medium to long run." them from violence and abuse... take days or weeks before the results are available. During that
time, the women see more men Inna Shevchenko
who could be infected...
Stephen Kastoryano, PhD President of FEMEN International Association
Research evidence supports this argument. An analysis of data
Assistant Professor in Empirical Econometrics at the University of Mannheim "Amnesty International's Policy Does Not Protect Prostitutes: Why Legalisation
from 27 European countries found that
(Germany), in countries that have
et al., Arguing that STDWork,"
Doesn't [Link]
prevents disease is like arguing that
legalised some aspects
"Street Prostitution Zonesof
andsex [Link]
Crime," there is a significantly lower pregnancy tests prevent pregnancy. Aug. 17,It2015
is a fundamentally flawed
"Sex work is work. This simple yet powerful statement frames "[Prostitution] is not a regular consumer transaction... [it]
HIV prevalence among sex workers compared to those countries line of reasoning to begin with... The only way to truly protect the
Apr. 19, 2017 is
sex workers not as criminals, where victims, vectors
all aspects of disease,
of sex work are orcriminalised."
sexual abuse. The buyer'shealth disregard
of afor mutuality,
prostituted and ability
woman to HER OUT OF
is to GET
sinners but as workers... treat another person as a sexual object,
PROSTITUTION." are fundamental to the act.
It is... 'violence against women'. Responses to the sex trade which
Avert
Sex work is first and foremost an income-generating activity. "SexThe haveHIV
Workers, attempted
and AIDS,"to skirt over this inherent harm, to sanction it as
[Link] Laila Mickelwait, MPD
International Labour Organization (ILO) estimates that sex legitimate business Aug. 29,
in2017
a bid to quash attendant harms, haven't
President and just
Founder of New Reality International
workers support between five and eight other people with their failed - they've made it worse... "Myth vs. Fact: 6 Common Myths about Prostitution and the Law," [Link]
Mar. 24, 2015
earnings...
Demand for the sex trade is not inevitable. The sexist attitudes of
Exploitation and unsafe and unhealthy working conditions exist entitlement that underpin it can be tackled. But that won't be
in many labour sectors. Work does not become something other achieved by state sanctioning this exploitative practice in a
than work in the presence of these conditions. Even when hopeless bid to contain the dangers associated with it. Sexual
performed under exploitative, unsafe or unhealthy conditions, sex consent is not a commodity; sexual abuse can never be made
work is still work." 'safe'."
9. Legitimate Business?
Global Network of Sex Work Projects (NSWP) Kat Banyard
"Sex Work as Work," [Link] Founder of UK Feminista
2017 "Guest Post: 'The Sex Trade Can Never Be Made 'Safe'," [Link]
July 7, 2016
10. Government & Taxes
"[Prostitution is] a multimillion-dollar-a-year business in Las "In 2000 the Dutch government… [legalized] the already massive
Vegas, and nobody gets any taxes off of it... The city and the and highly visible brothel trade... The Dutch government hoped to
county could probably make about $25 million a year in taxes off play the role of the honourable pimp, taking its share in the
of legalized prostitution... proceeds of prostitution through taxation. But only 5 per cent of
the women registered for tax, because no one wants to be known
Right now they spend a lot of money policing vice. Why not as a whore - however legal it may be. Illegality has simply taken a
eliminate that and turn it into a revenue maker, instead of having new form, with an increase in trafficking, unlicensed brothels and
to pay to police it? Once you legalize it, you're going to take out pimping...
most of the illegal prostitution...
Legalisation has not been emancipation. It has instead resulted in
If a consumer has a choice between a legal place of business and the appalling, inhuman, degrading treatment of women… And as
an illegal criminal operation, he's going to go to the legal place. the Dutch government reforms itself from pimp to protector, it
That's because he knows there's no problems waiting to happen will have time to reflect on the damage done to the women caught
there." in this calamitous social experiment."

Dennis Hof Julie Bindel


Nevada brothel owner Journalist and Cofounder of Justice for Women
"Q+A: Dennis Hof: This Pimp Wants to End Sex Trafficking," [Link] "Why Even Amsterdam Doesn't Want Legal Brothels," [Link]
Mar. 20, 2017 Feb. 2, 2013
Arguments for and against legalising prostitution

FOR legalising prostitution AGAINST legalising prostitution


1. JUST ANOTHER JOB 1. IMMORAL EARNINGS

The world’s oldest profession is just that, a Prostitution is morally wrong. Reducing sex to a financial
profession like any other. Authorities have tried to transaction undermines normal human relationships,
ban the sex trade for millennia, but prostitution marriage and the family. In countries where prostitution
thrives in the Internet age. It’s time to face up to the has become legalized and taxed, the state has effectively
reality that sex work is not going to go away. If we become a pimp. The immorality of the sex trade has
treat it as just another service industry, sex workers been recognized throughout history and keeping it illegal
– be they male or female, homo- or heterosexual – is key to safeguarding the sanctity of society’s basic
can come out of the shadows and start to shed the values. Prostitution is an affront to the followers of the
stigma of criminality. What consenting adults do world’s leading religions.
behind closed doors, whether they pay for it or not,
is no concern of the state.

2. FOCUS ON THE REAL CRIMINALS 2. DEGRADING BY DEFINITION

Legalising and regulating prostitution will make live Let’s forget the “happy hooker” fantasies. Most women
safer for sex workers and help break the pimps and are forced into prostitution by coercion or economic
trafficking gangs who exploit them. The traffickers need. The job often amounts to bought rape. Prostitution
thrive because the sex business is driven is by definition degrading to women. It reduces them to
underground. Legalise it, and they will fade away. merchandise to be bought, sold and abused. Since the
Prostitutes will feel safer going to the police if they overwhelming majority of prostitutes are women,
no longer fear prosecution. The police will be able legalizing it would reinforce their oppression by male-
to focus resources on cracking down on the real dominated societies and present a clear affront to the
villains – the criminal gangs who exploit sex concept of gender equality. Removing the legal barriers
workers. The experience of places like Nevada, will send a message to new generations of men that
Switzerland and New Zealand show that legalised, women are mere sexual commodities.
regulated prostitution works.

3. RUDE REVENUES 3. IT DOESN’T WORK

Globally the prostitution business is worth $186 Germany’s experience shows legalized prostitution
billion, according to the website doesn’t work. Woman are abused hour after hour in huge
[Link] which analyses the black mega-brothels around German cities. Human trafficking
economy. Income on that scale could generate a gangs continue to sell girls from eastern Europe, South
lot of tax revenue. It’s been estimated legalising America and Africa into sexual slavery. The industry
prostitution across the United States could give the remains unregulated and insufficiently policed. It
tax authorities around $20 billion a year. In encourages corruption, drugs and other crimes. A report
Germany – which liberalized its prostitution laws in by Germany’s Family Ministry found a decade of
2002 – the legal industry is worth around €16 billion legalisation had “not brought about any measurable
and tax revenue is a major contribution to some actual improvement in the social coverage of prostitutes,”
city budgets. It’s time the sex industry is taxed like nor was their any “solid proof” that the law had reduced
any other business, so that those revenues can crime.
benefit society.

4. KEEPING IT HEALTHY 4. IT’S ALWAYS GOING TO BE DANGEROUS


AND UNHEALTHY
Globally the prostitution business is worth $186
billion, according to the website Making prostitution legal is not going to make it pleasant,
[Link] which analyses the black healthy or risk free. Legalizing prostitution encourages
economy. Income on that scale could generate a men to solicit sex and have multiple partners, increasing
lot of tax revenue. It’s been estimated legalising STD risks. Condom policies are not enforceable – men
prostitution across the United States could give the will force, or bribe prostitutes not to use them. Health
tax authorities around $20 billion a year. In checks for prostitutes are designed to protect clients, not
Germany – which liberalized its prostitution laws in the sex workers themselves. Being alone with strange
2002 – the legal industry is worth around €16 billion men in a closed room will always leave women at risk
and tax revenue is a major contribution to some from violence. Police in the Netherlands, with its liberal
city budgets. It’s time the sex industry is taxed like prostitution laws, have estimated up to 90 percent of sex
any other business, so that those revenues can workers do not practice the profession voluntarily.
benefit society.

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