Prostitution is defined in many ways, but in the simplest terms, prostitution is the exchange of sex for material items. Currently in the United States, prostitution is a crime punishable by jail time, but is jail the most realistic way to solve what is known as the world's oldest victimless crime (Menaker)? With no government regulations on prostitution, illegal sex workers put themselves and others at risk every time they solicit. The legalization of prostitution would ensure that the government has a say in every aspect of the trade, including the age of the individuals, taxes paid by the individual, and the health and safety of both the prostitute and the buyer.
In the United States, nearly half of all government income comes from individual income tax (Policy Basics: Where Do Federal Tax Revenues Come From?). In the Netherlands, where prostitution is legal, the sex industry contributes to five percent of the national GDP (Farley). As shown by Salfati et al., prostitutes averaged working five nights a week and servicing seven clients per night. Not unlike the pornography business, the government could tax both the sales tax from the buyer and the income tax of the prostitute. Often states have high taxes on harmful goods like tobacco and alcohol, referred to as the “sin tax.” Because prostitution is viewed negatively in society, the establishment of sin taxes would earn the government more money (Jolicoeur).
Making prostitution legal would not only make it a taxable profession, but it would also give prostitutes, many of whom are homeless and have little education, health benefits (Roe-Sepowitz). Researchers found that between thirty-eight and sixty-two percent of prostitutes were in a relationship, and between sixty and seventy-six percent had at least one child (Salfati et al.) Not only must prostitutes provide for themselves, but the majority must also provide for a child.
Adverse Childhood Experience (ACE) factors, which psychologists use to determine at-risk children, include things like physical, emotional, or sexual abuse; having an incarcerated or absent parent; being witness to spousal abuse or substance abuse; or neglect. Upward of ninety percent of prostitutes questioned said that at least one of their parents struggled with extreme alcohol or drug use. Sixty-seven percent reported an absent parent; sixty-two percent experienced physical abuse; sixty percent experienced sexual abuse; and seventy percent experienced emotional abuse (Roe-Sepowitz). Higher ACE scores put people at higher risk for putting themselves in dangerous situations, like illegal prostitution. ACE scores also correlate to worse physical and mental health. People with high ACE scores are more likely to suffer from diabetes, heart disease, and cancer and have higher rates of suicide attempts (Violence Prevention). Because so many prostitutes face multiple ACE factors, they are more likely to suffer from mental and physical health issues. According to Roe-Sepowitz, many prostitutes are homeless and lack adequate education. With government assistance, sex workers would be able to function in society and receive the care they need for themselves and their families.
Since upward of seventy percent of prostitutes reported being abused as a child, the idea that the two are related has been theorized. As estimated, the age of entry into the prostitution trade decreases by four and a half years if the worker was abused as a child (Roe-Sepowitz). The occupation of prostitution targets people with mental health issues and people who are desperate for money. In either case, prostitutes would benefit from the government programs provided by legalization. With the legalization of prostitution, sex workers can receive adequate mental and physical care as well as be able to provide for themselves and their families.
Moreover, in the case of the safety of prostitutes, female sex workers are in between sixty and one hundred times more likely to be murdered than nonprostitute females. As many as fifty-six percent of claims of assault against sex workers will go unreported to police, and many workers believe they will be victim shamed if they report. A study in San Francisco showed that nearly seventy percent of prostitutes had been raped during work (Salfati et al.). The criminalization of prostitution makes abused and raped sex workers fear for their jobs and their freedom when reporting the crime. Because prostitution is illegal, buyers know that prostitutes are unlikely to report crimes against them to the police.
Prostitution myths, which include ideas like, “if a woman has a lot of sex she may as well be a prostitute,” and “women who are beaten by their pimps usually deserve it,” further the divide between society and prostitutes. Nonprostitute women questioned often believed that prostitutes were a main cause of the STI epidemic, and both men and women agreed that they would be unhappy if their child engaged in prostitution (Menaker). While many people believe prostitution myths to be true, the repercussions caused by the myths are damaging. Sex workers are often isolated when the truth about their job comes out. Thirty-seven percent of prostitutes who said they were in a relationship had not told their significant other what they did for a living (Salfati et al.).
Juveniles working in prostitution entered the trade at an average of age thirteen, and nearly ninety percent of adolescents reported being younger than sixteen when they began soliciting (Roe-Sepowitz). Similar to needing to be a certain age to buy legal items like alcohol and cigarettes, legalizing prostitution would give the United States government the opportunity to put age restrictions on people buying and selling sex.
While selling access to her body at such a young age is traumatizing for the prostitute, the buyer may face even more persecution for rape. Government regulations of the people entering the prostitution market could help both prostitutes and buyers.
Some people argue that only the purchase of sex should be illegal, opposed to criminalizing the sale of sex. While seemingly a solution to the problem at hand, the persecution of “Johns,” or buyers, has had negative effects on the workers. Clients fear their persecution and put the workers at risk. (Ahmed)
Rather than criminalizing prostitutes or buyers and putting both parties in potential danger, legalizing prostitution would ensure the safety and wellbeing of everyone involved in the exchange.
Participation in illegal prostitution can be dangerous, as proven by the seventy percent of prostitutes who have been raped while working. It can also be scary to go to the authorities, as shown by the fifty-six percent of claims that will not be reported. Prostitutes often must choose between jail time for their crime and living with the repercussions of their assailant walking free. By legalizing prostitution, the government could assure the safety of the prostitutes, regulate the age and health of the prostitute, and profit from their income taxes.