Criminalizing Prostitution

Prostitution is a highly controversial topic when considering if it should be criminalized or not. Prostitutes have been present all throughout mankind, and in America, it’s currently illegal to solicit yourself for sex. Rebecca Hayes-Smith and Zahra Shekarkhar published a study back in the year 2010 that analyzed current assumptions about prostitutes and it’s place in American society. According to Hayes-Smith & Shekarkhar (2010), the first assumption is “That the criminalization of prostitution will deter the soliciting of such services”(p. 44). To summarize, it’s assuming that since prostitution is illegal, there will be less people willing to solicit themselves for sex. The second assumption deals with the spread of disease. “Prostitution
Although the general assumption is to believe that prostitution will be less of a problem due it’s illegality, it can be argued that this is in fact not true for current prostitution laws. Hayes-Smith & Shekarkhar (2010) stated, “The current construction still places blame on the prostitute, usually a woman, who does not have the power to escape the law”(p. 49). So even though it’s illegal for both counterparts, the males typically get away. What good is a law when only half of it is addressed? Most of the time, it’s the male counterpart that’s one abusing the women and promoting street-level prostitution. Additionally, lawmakers tend to believe that their laws are advantageous, however, that’s not always true-especially with prostitution. “In the creation of law, society’s interest is the main focus; however, when enforcing law the focus is on an individual’s behavior, and not on society’s influence on that person”(Hayes-Smith & Shekarkhar, 2010, p. 49). Our society fails to understand the bigger picture, which is why prostitution is criminalized. If only the majority of the people knew the living situations and problems these prostitutes deal with on a daily basis. Dalla (2002) stated, “Because of their restricted access to financial and material resources, some women may resort to prostitution as a resistance or response to poverty” (p. 64) Women are going into prostitution, regardless of the laws
“The legalization of prostitution also addresses the assumption of violence against prostitutes. If prostitution becomes a recognized, legal profession, sex workers will not need to fear going to the police for help or to report a crime, thus possibly deterring their customers from becoming abusive”(Hayes-Smith & Shekarkhar, 2010, p. 50). Under current law, all of the power is against the females. The pimps and other males associated with the prostitutes have the power to do as they please, since they know that the prostitutes won’t go to the police for help. It has been proven in studies that this is true. According to Hayes-Smith & Shekarkhar (2010), “The likelihood of violence and exploitation against prostitutes could be viewed as heightened by prostitution remaining illegal, because the customer does not need to comply with the prostitute’s wishes if he chooses not to as prostitutes have little recourse to legal protection”(p. 47). The sad part is, the abuse can be very severe and traumatizing. According to Dalla (2002), “Many reported having been raped, beaten with objects, threatened with weapons, and abandoned in remote regions”(p. 70). No human should be treated like this, but there’s no way out for many prostitutes. “You just give them what they want and pray they don’t kill you”(Dalla, 2002, p. 70).