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Essay: Legalizing Prostitution: Reducing Violence & Improving Women’s Health & Happiness

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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
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  • Words: 1,907 (approx)
  • Number of pages: 8 (approx)

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We avoid topics that make us uncomfortable. Addictions, weird habits, politics, guilty pleasures. And paying people money for sex. How many times do you say the word prostitution a day? We often bypass the discussion of sex work at the dinner table or while waiting in line at the movies. We, as humans, tend to dodge talking about the uncomfortable things. We don’t want to talk about things that make us uncomfortable or conflicted in a way where we might feel as though our opinion is so different that it would not be taken seriously. I would like to make the uncomfortable just a little more comfortable with the word, “prostitution.”

In our minds, maybe it’s a shameful or disgusting thing. It’s not our problem. If it’s not something we are seeking out, it is something we evade. There is air of silence about the topic. We don’t talk about prostitution and we allow ourselves to marginalize these sex workers who consequently remain quiet about their conditions. The mere mention of prostitution brings up possible disputes about morality and legality. Activists, government officials, the prostitutes themselves, and the general public all seem to have their own opinions. Even amongst feminists, there is an ideological divide about what should be done about prostitution. The Radical Feminist disputes the Liberal Feminist viewpoint. Radical feminists maintain that prostitution is simply the subordination of women and perpetuation of male dominance. They believe prostitution is the equivalent of domestic violence and sexual harassment. Radical feminists are against the legalization of prostitution because it would validate their definition of the objectification of women. Their goal is to abolish and end all forms of prostitution. On the other side of the issue, Liberal feminists claim that legalizing prostitution would actually empower women, and help put a stop prosecution, physical and emotional abuse, rape, and deadly disease. Scholar, Agustin Vicente, shares that Liberal feminists believe “that stigmatization, marginalization, and the harm associated with [prostitutes], are only the result of the way our societies react to prostitution and the way prostitution is typically practiced—often in extremely depressing and demeaning conditions.” A prostitute’s workplace is filled with a combination of health risks that most other women don’t deal with on a daily basis, including violence, emotional stress, communicable disease, sometimes even exposure to the elements. And the best way to remedy this: legalize and regulate the industry. (Vicente 475–487).  

Liberal Feminists correctly advocate for true feminist ideals and are accurate in demanding that prostitution should be legalized in the United States to end years of stigmatization and marginalization, and provide sex workers more health and safety.

Considering the fact that prostitution is currently illegal in the U.S. (except for a few select counties in Nevada), it is difficult to find an accurate number of people working as prostitutes. Most allege that there are between 230,000 and 350,000 sex workers in the United States today, but numbers over 1,000,000 have been estimated. (Clements 49-98). The illegality of prostitution deters thousands of women from obtaining basic human rights. Sex workers are unable to receive healthcare or report assault without fearing arrest. In order to avoid explanations of their job and how they were hurt or infected many sex workers neglect proper treatment and do not report assaults to the police. As a result, prostitutes have a higher mortality rate than the average population (Potterat 778–785). Sex workers more likely to have an STD or HIV/AIDS than those who do not exchange sex for money. Due to social, economic, and stuructural factors it can be very challenging to prevent and treat HIV among prostitutes. (“HIV Risk Among Persons Who Exchange Sex for Money or Nonmonetary Items.”) While sex workers do reach out to small health clinics to seek STD treatments, these services are unable to resolve more complicated and serious illnesses such as pelvic infection, cervical dysplasia, and precancer of the cervix. Prostitution may lead to declines in physical and mental health. There are a multitude of reasons for these health issues ranging from anxiety, fear of arrest, social objectification, and the spread of sexually transmitted diseases (Clements 49-98). Sex workers are constantly stuck between a rock in a hard place. They have to choose between going to receive treatment and risk the possibility of being arrested or try to live their lives with some sort of illness or ailment.  In addition to lacking health care, sex workers often lack safety. Laws created specifically to protect women against physical and sexual violence, do not protect prostitutes. The assault of prostitutes by customers, pimps, and even police is exacerbated by current legislation and the criminal justice system. By keeping prostitution illegal, we are allowing numerous issues in our society today go unchecked. America’s Constitution declares all people deserve the pursuit of happiness.  If prostitution makes a women happy, she should be able to do it and also be allowed health care. But if prostitution does not bring a sex worker happiness it should be safe and easy for them to leave the profession and seek any medical help needed without prosecution. Would you rather have prostitution exist, but the sex workers are persecuted and denied healthcare or would you rather have prostitution exist and have the women be given basic human rights and opportunities?

The liberal feminist viewpoint is in agreeance with the latter. Their perspective demonstrates understanding and an initiative to address the problem. The time has come to abandon our outdated attempts to legislate personal morality and implement a policy that can truly make a positive difference. By taking the advice from the liberal feminist viewpoint and legalizing prostitution, America would reduce violence against women. In a study done with prostitutes from San Francisco it was found that 82% were assaulted and 68% had been raped working as prostitutes (Farley, Melissa, and Howard Barkan 37–49). By legalizing prostitution, sex workers would not be afraid to report these incidents and seek help. Additionally, legalization would make prostitutes healthier, they’d be able to receive better healthcare. Legal Sex workers in Nevada are required to receive monthly tests for syphilis and HIV and weekly tests for gonorrhea and chlamydia. Nevada also requires condoms for all sex in brothels. This law is posted on the outside of the state’s brothels (Brents, Barbara G., and Kathryn Hausbeck 270–295).

Similar to Nevada, in 2003, Prostitution was decriminalized in New Zealand and the country and its people reaped many benefits. The New Zealand Prostitution Reform Act of 2003 decriminalized prostitution, without endorsing or morally condoning the industry, as to safeguard sex workers from exploitation and prohibit the use in prostitution minors. In 2008, New Zealand government published a report measuring changes and improvements which the reform brought forth. The act resulted in plenty of positive changes. For example, In the Committee’s first report it was estimated that there were 5,932 sex workers in New Zealand. The current report estimates the number of sex workers to be 2,332 in the areas included in the study. The estimated number of sex workers in the country has dropped by over 3,000, prostitutes are now 70% more likely to report sex crimes to the police, and HIV/AIDS has decreased. (“Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003.”).

In 2015, Amnesty International released a statement promoting the legalization of prostitution worldwide. After listening to current sex workers, liberal and radical feminists, HIV agencies, women’s and LGBT rights activists, anti-trafficking groups and scholars, Amnesty International decided that “sex workers’ rights are human rights” (“DECISION ON STATE OBLIGATIONS TO RESPECT, PROTECT, AND FULFIL THE HUMAN RIGHTS OF SEX WORKERS).

In a recent article from the Daily Beast, a prostitute named Veronica Monet shares a story about how she was raped and assaulted by a client and was too afraid to report the incident to the police. Despite Monet’s attempts to spread the word about this man to her fellow sex workers, another young woman fell victim to this “client” and was suffered head trauma. This incident also went unreported. Monet is quoted in the article pleading, “We need prostitutes to be able to report these things, because the bad guys prey on prostitutes first. When sex workers are afraid of the police, it makes the world a more dangerous place for every single woman”

(Keenan).

In my mind, it is so easy to picture a world where prostitution is legal. It is so easy to imagine laws in place to protect sex workers and ensure their health and safety. It is so easy to see a world where a sex worker can easily leave the profession. It’s so easy to picture this world, but the reality is that it is not easy at all to make all of this happen. The concept of actually making prostitution legal is met with much opposition from the radical feminist viewpoint, as well as much of the general public. They protest the legalization of prostitution by contending that it is immoral and increases sex trafficking and child prostitution. But with current legislation, it is doubtful a woman would come forward to the police to report trafficking or to safely exit the industry if there is a threat of her being prosecuted. Legalization would eliminate the fear of being arrested, so that sex workers can be assets to the anti-trafficking movement by criminalizing the true predators in today’s society. The government would no longer punish the wrong people by arresting trafficked individuals for crimes they were forced to commit (Salvi).

Much like the Radical Feminists, there are some prostitutes who do not want the industry legalized. These prostitutes simply want the concept of prostitution to end and disappear. Groups of prostitutes and radical feminists have formed organizations such as Women Hurt in Systems of Prostitution Engaged in Revolt (“WHISPER”) and Breaking Free, which call for the end of prostitution and oppose legalization. On the other hand, there are many prostitutes calling for legalization and protection, one example being the organization, Call Off Your Old Tired Ethics. (“COYOTE) CITE

While there are people who want to abolish sex work, to get rid of the entire industry is impossible. It is not going away anytime soon. It is the oldest profession. There are always going to be sleazy, perverted people who are willing to pay for sex and most likely there will be people willing to sell themselves for this money. Prostitution is never going to disappear, but by making it legal, we can at the very least regulate it and keep the sex workers safe.

It is overtly obvious that the liberal feminist viewpoint offers the most effective solution to the matter of prostitution. Prostitution has been and will continue to be a presence in society. Because the sex work industry shows no signs of diminishing any time soon, the United States government needs to take a different approach. Prostitution should not be abolished or ignored, but legalized and regulated.  Despite opposition, the positive effects of legalization far outweigh the current detrimental effects of an industry that is illegal and unsafe for participants. Prostitution must be legalized in order to offer sex workers their deserved human rights, such as physical and mental wellbeing.  Feminism means equality for all women and men. With this logic, the liberal feminist perspective is correct and it is feminist for prostitution to be legalized and sex workers to receive equal rights to health and safety.

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