Running head: PROSTITUTION LEGALISATION 1

Prostitution Should Not Be Legalized

Students' Name

Institutions' Name
LEGALISATION OF PROSTITUTION

Prostitution

Abstract

Over the past two decades, prostitution continues to catch the attention of significant

policymakers worldwide. This paper examines prostitution, the effects of prostitution on

the society and the prostitutes, and measures taken by the legislative arm of the

governments to minimize it. Also, in this paper, the examination of the methods to

control prostitution in the United States and assesses other significant alternatives to the

existing policy of criminalization. Yet, the article highlights the link of prostitution to

other evils in society, such as human trafficking.

Introduction

           Prostitution refers to the sexual act carried out by both men and women for money

exchange. Prostitution dates back to thousands of years back to the B.C.E. In the year 1959, the

United Nations (UN) declared that prostitution should get decriminalized. Several countries

legalized prostitution, while others still consider it a criminal act. In the United States, several

counties in Nevada never legalized prostitution while the rest of the states decriminalized

Prostitution (Snadowsky, 2006, p.218). The United States legalized it on the basis that the sex

body belongs to the person as a private property enabling citizens to trade them for money. Other

countries already put stringent measures such as the prosecution of men who buy sex services.

On the other hand, countries wasted a lot of money on fighting prostitution, where most activists

argue that all the money never brings a positive impact. In this paper, the implications and

factors of legalizing prostitution, the elements and effects of criminalizing prostitution, and the

link between prostitution and human trafficking get analyzed. Some people in society view
LEGALISATION OF PROSTITUTION

prostitution as an acceptable enterprise, while others outweigh that reason with the harmful

effects it can cause. 

Legalization of Prostitution makes the acts of selling sexual favors for money just another

form of entrepreneurship in society. One effect of decriminalizing prostitutes means gifting the

sex workers, traffickers, pimps, and the entire sex industry a gift. A gift that enables these people

to earn money as third-party entrepreneurs (Raymond, 2003, pg.2). Besides, the legalization

makes the venues of prostitution such as the massage parlors, brothels, and sex clubs legitimate

for carrying out sex trade with no restrictions. However, in decriminalizing sex trade, people

think that they professionalize and dignify women. Yet, they make women continue feeling

unworthy and elevate the prostitution as a whole. In some countries, they criminalize women in

the sex trade while decriminalizing the sex trade, leaving women exposed to exploitation and

coercion by law enforcement agencies. In the context of pressure, legalizing prostitution presents

women to human trafficking (Raymond, 2003, pg.3). Some government legalizes prostitution,

thinking that it could solve the issue of women trafficked for sex. However, as seen in the

Netherlands, the number of trafficked prostitutes drastically increased after the decriminalization

of the sex trade.

           Several people argue that the legalization of the sex trade would minimize the growth of

prostitution. On the contrary, prostitution activities increase as witnessed in the Netherlands,

where the business grew at a rate of 25 percent. Also, the growth of other sectors of the sex trade

such as pornography, tabletop dancing, peep show, and phone sex drastically improved

(Raymond, 2003, pg.4). Besides, the regulation of prostitution aimed at curbing street

prostitution. However, more prostitutes joined the streets as they despise control by the pimps.
LEGALISATION OF PROSTITUTION

Other women don like the health tests carried on them by the government health workers. More

so, decriminalizing sex trade increases child prostitution, marked by a 30o percent increase.

Again, the Netherlands government missed the point where it initially thought that legalization

would curb children's prostitution.

  Legalization exposes women to more health risks, abuse, and providing women reduced

choices to make on their life decisions. The majority of women never decided on prostitution but

found themselves in the situation. As a result, several governments sought out other resolutions

such as the incriminating of men who engage in the sex trade while leaving women legalized to a

prostitute (Raymond, 2003, pg.7). This act received considerable support from the social realm

on the argument based on; if women lack male customers, they just close their business and go

home and engage in other morally upright issues. National campaigns against prostitution also

prove more useful as more people get educated on the effects of prostitution. In Sweden, the

Government launched nationwide campaigns through posting colorful posters publicizing

prostitution in bus shelters, subways, and streetcars. This publication discourages men as the

process of acquiring women for prostitution becomes complicated as one needs various houses.

Also, men want to remain discrete from the eye of the public to avoid shame.

The current policy of curbing prostitution over the past decades lacks effectiveness in the

current years. Thus, the need to revisit the current policy arises. The procedure involves a large

number of resources geared towards curbing prostitution, but the federal government sees

minimum results. In the year 1985, the United States government spent a considerable amount of

over $120 million in the control of Prostitution (Weitzer, 2009, pg.83). The inspection includes

sweeping streets off prostitutes, crackdowns, and periodic arrests, which use a lot of resources.

Besides, the American population practicing prostitution live exposed to risks and violence from
LEGALISATION OF PROSTITUTION

clients. Yet, the pimps also abuse them, not forgetting the issue of drug abuse coupled with

health issues. In the United States of America, the street prostitutes remain the most vulnerable

sex traders to victimization. 

Prostitution in America imposes a negative impact on the community. The street prostitutes

cause an outdoor commotion as they move around engaging customers and during fistfights

amongst themselves. Children also join the list of the affected by prostitution activities.

Occasionally, children find condoms lying around and see sex trade negotiations and transactions

occur in their vicinity. Prostitute clients also get a handful of blame as they create traffic jams as

they cruise, looking for desired prostitutes (Weitzer, 2009, pg.83). Street prostitution erodes the

community’s morality, enhances behavior rotting, and causes the street disorder. 

However, Weitzer offers a solution to these outdated forms of victimizations. First, Weitzer

suggests that decriminalization would remove criminal penalties that leaving prostitution

unregulated, thus denying them the self-proclaimed right to sell their bodies. However, with the

decriminalization, the Government would engage leading prostitutes to do stigmatization.

Besides, the decriminalization faces opposition from the public (Weitzer, 2009, pg.86). A

solution that would require the said support from the community. The attempts of the San

Francisco administration to decriminalize prostitution fell as the public participation fell out of

favor with the rest of the stakeholders prompting their withdrawal. 

Secondly, the legalization process involving; confining prostitutes to clubs, licensing,

Government restricted brothels, individual business taxes, and medical examination to help curb

diseases. Legalization indirectly minimizes prostitution and the risk involved with it. However,

this policy seems no in favor of the American people who view it as of no addition to their

everyday life (Weitzer, 2009, p.87). Besides, authorities fear that the legalization would make
LEGALISATION OF PROSTITUTION

them appear as if they support the sex trade. Prostitution got no added political value to society.

The prostitutes hold the primary determining factor, whether they would embrace legalization

without imposition from the Government. The high number of prostitutes would see no benefit

of abiding by the legalization as it could the traditional business setting, the disease-stricken, and

the young prostitutes would run out of business or operate unlawfully exposing them to law

enforcement exploitation.   

Women and some men get into prostitution for various reasons. The first reason forms

around the demographic factors. Most street prostitutes consist of transgender people as they

mostly prefer the outside display of their merchandise to their clients (Farley et al.,1998, p.4).

The third group of sex workers prefers to work on the streets as they lack a choice when

choosing careers. Other factors that push persons into prostitution include responsibilities such as

caregiving, school fees payment, lacking money, and homelessness. Besides get into prostitution

for enjoyment, excitement, and even peer pressure. The transgender prostitutes also get into the

sex trade to enable themselves to explore their sexuality. The street prostitution gives the sex

traders the freelance working set up where they can work during their desired time.

           Human trafficking refers to the act of compelling Human Beings to take part in activities

unwillingly. The legal status of prostitution invariably affects the rate of human trafficking in a

specific community. Areas where the prostitution gets legalized, high rates of human trafficking

occurs to meet the demand of sex workers in the open market. The relationship between Human

trafficking and prostitution gets analyzed at both the local and global levels (Swanson, 2016,

p.593). The case study of the three countries, The United Kingdom, the Netherlands, and the

United States, get picked to aid in understanding the relationship between the two evils of the

society. 
LEGALISATION OF PROSTITUTION

           The increased number of shock campaigns and celebrity endorsements continue to expose

the human trafficking practice at the global level. Among all the trafficked persons for

prostitution purposes, forty percent practice the sex trade locally. The rest sixty percent migrate

into foreign countries for forced sex. Men and children make up a significant number of victims.

The existence of the debate on the relationship between prostitution and human trafficking forms

a premature divide as the laws continue existing in the infant stage of adoption. (Swanson, 2016,

p.596). The evaluation of different laws already existing as written forms a base necessary to

understand various legal ways of approach. The Netherlands legalized sex trade while the United

Kingdom preferred to regulate it. Law interpretation and enforcement occurs where legalization

or regulation occurs. At the community level, most law enforcement officers lack the required

ability to deals with Human trafficking cases. Besides, the presence of corruption in the local

levels cripples the investigations as officers could receive bribes and alter the process.  

           The media platforms show the human trafficking victims as young and innocent children,

men, and women who need help. Besides, most of these emanate from poor backgrounds and,

from the war zones, thus seeking a source of income (Galilee and Lopes-Baker, 2014, p.122).

Other trafficked persons consist of immigrant workers in search of work in the better-established

economies (Swanson, 2016, p.597). Human trafficking always relates to the smuggling of people

across borders. However, in stealing, people cross the border willingly. The stringent measures

put along the United States border with Mexico makes it difficult for immigrants to access

northern America. As a result, more Human traffickers take advantage of such opportunities to

control the trade. The people who enter the trafficking trade voluntarily take part in it due to lack

of food, clothing, and shelter. Prostitution finds themselves in similar life aspects and worse in
LEGALISATION OF PROSTITUTION

debt with traffickers who force them into the sex trade. On their return to the homes, the women

face discrimination. 

           Europe and Northern Americans continue to show progress in the achievement of gender

equality. Some people argue that prostitution offers women a chance for women to express

agency and choice. Besides, women should not suffer while they can provide for their needs

through prostitution. However, outspoken feminist state that women should not get oppressed or

exploited (Swanson, 2016, p.600) the efforts put in place to curb trafficking, prostitution, and

immigration does seem to work. Traffickers and sex workers view countries as possible and

profitable destinations for prostitution. Efforts put in place by thus governments show less or no

changes in trafficking and prostitution.

Lastly, the relationship between prostitution and human trafficking narrows down further

to the judicial system. This analysis examines how law enforcement, the prosecutors, the judges,

and the states deal with prostitution and human trafficking cases. Despite listing among the

United Nations founders, The Netherlands became the first country to legalize prostitution. Also,

the criminal codes the Netherlands to human trafficking. In the Netherlands, prostitution remains

legal unless an underage child gets involved. Prostitution in the Netherlands gathers support from

the basis that it exists just like other forms of professionalisms. The Netherlands banned Human

trafficking in 1911. Since then, the law passed criminalizes Human trafficking both outside and

within the borders. The adaptation of this law enforcement procedure should prompt other

countries to increase their intensity in curbing Human trafficking. Other countries, such as the

United Kingdom, still legalize prostitution. The law drafted in the United Kingdom curbs

associated behaviors but not the principal act, prostitution.

          Prostitution occurs in all parts of the modern world dating back to a thousand years back.

Other the years, prostitution continues to catch the legislator’s attention indulging them into the

debate of legalization. Some countries, such as the Netherlands, already legalized prostitution.

Efforts to curb the spread of Prostitution in the United States of America proves futile. There

exists a history of the overwhelming use of resources with minimum results. The efforts by the

Government to involve the public in drafting stringent measures suiting the Americas receives a

cold reception. Prostitution intermingles with other forms of society’s evils such as Human

trafficking leading to exploitation and oppression of human rights. Mostly, the women and

underage girls trafficked resolve to forced prostitution to solve life handles such as lack of food,

shelter, clothing, and even to settle debts with the traffickers. Prostitution continues to exist as a

heated debate in the world as nations remain divided over the matter. 
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