Rabia Zahid
2015-11-0049
SS 100 Writing and Communication
Rabia Nafees Shah
6 December 2011
Should Prostitution be legalized?
Prostitution, also commonly known as sex trade, is the trade of sexual services in exchange of some monetary reward. The one who agrees to sell a sexual service for money is known as the prostitute, while the one paying for the service is the client, often referred to with many other names. Prostitution is one of the oldest existing professions in different societies around the globe and still continues to exist. The legal status of this profession differs from country to country. Where in some states, such as Netherlands and Germany, prostitution is legalized in others such as Saudi Arabia and …show more content…
Thailand it is an illegal practice and is a punishable crime (“100 Countries and Their Prostitution Policies”). However in some states the prostitution policies are still not defined and this question still remains unanswered that whether prostitution should be legalized or not. Although prostitution does exist in the society since a very long time and its legalization can lead to a large amount of tax revenues for the government and a reduction in the black market of prostitutesbut it should not be legalized because it causes human trafficking for the purpose of sexual exploitation, is religiously and morally unacceptable and leads to an unhealthy and unsafe life led by prostitutes.
Zahid 2
The legalization of prostitution would give rise to human trafficking for the purpose of sexual exploitation. Human trafficking is the trade of innocent people from one place to another for different purposes, which includes forcing them into prostitution. In most cases the innocent immigrants are misled and uninformed about the work they will be required to do. These people are usually needy and in search of some source of income. They are often told by the traffickers that they will be provided with a decent job once immigrated to the other state, which is certainly not the case. The legalization of prostitution would increase the demand from the clients of the prostitutes and would result in more people being a part of trading sex. This would encourage the traffickers to transport innocent individuals, mostly from poor parts of the world, for the purpose of sexual exploitation to states where prostitution is legalized. As stated in a Dutch
magazine,
Crossroads, the number of victims of human trafficking which had been registered rose to 809 in
2008 from 716 in 2007. It was also found that this number had a majority of victims being trafficked from China and Hungary (“Dutch authorities register 809 human trafficking victims”).
However it is argued that the legalization of prostitution would lead to strict laws towards trafficking and would restrict the number of immigrants trafficked for the purpose of selling sex.
Hence this is not the case as Netherlands is a country where prostitution is formally legalized and decriminalized. Moreover, it is stated by Altink that in early 1993 in Germany when prostitution was initially legalized 75% of the women working as prostitutes in Germany were individuals trafficked from Uruguay, Argentina, Paraguay and other South American countries (qtd. in
Raymond). Therefore these examples of states where prostitution is legalized show that despite the decriminalization of a practice like prostitution the number of victims of sex trafficking has risen instead of the expected fall due to regulations against trafficking.
Zahid 3
In almost every state of the world prostitution is not considered morally and religiously acceptablewhich has been one of the major reasons for not legalizing it in various countries up till now. Even in states where is legalized it is not considered as a reputable profession.
Legalization of prostitution would mean that it is considered as a desirable practice which is mostly not the case. Even though it does exist in various societies around the globe still it is socially unacceptable and greatly stigmatized. Prostitution in almost every state is considered as a form of sexual slavery and an act of degrading oneself. As stated in a news article in Catholic
Online, by legalizing prostitution in Netherlands “the government is promoting immorality with all of its bad fruit in human and social life and a human tragedy of epic proportions” (“Sex
Slavery: Exposing sexual slavery in the Netherlands”). Hence, this shows that legalization of prostitution is considered as a way of promoting an immoral act which is not only harmful to the individual but to the entire society. Moreover, Dalrymple also states that there is a great “moral difference between prostitution and washing dishes in the local restaurant or stacking supermarket shelves. And that prostitution is both age-old and ineradicable does not make it any less degrading to all concerned”. This implies that prostitution is considered as the most degraded profession as compared to any other profession. Even if prostitution is said to be one of the oldest professions practiced in the world, still the sale of one’s body cannot be justified. In addition to this, some of the widely practiced religions around the world such as Islam and
Christianity strongly condemn and disapprove of fornication or any sexual relationship between the opposite sexes outside the bond of marriage. As in Christianity the women considered ideal is a “virgin, particularly one who has appeared sexless, detached from the world, preoccupied with spiritual things” (Bullough and Bullough 71). This perception of an ideal woman in Christianity is completely opposite from what a prostitute is. Along with this, in Islam, the religion brought
Zahid 4
by Prophet Muhammad (PBUH), there is strict punishment for the one who commits fornication.
As mentioned by Ghamidi, the one who commits fornication should be beaten, humiliated and his marriage to any pious lady of the society should be prohibited.
The legalization of prostitution can lead to the government agencies earning huge amounts of revenues in the form of taxes and a reduction in the black market of prostitutes. It is argued that if the market for prostitutes is legalized then the government can charge taxes on this profession just like on any other trade and can increase its budget surplus. Tax can be charged on the licensed brothels and the individual street prostitutes will also be liable to pay taxes on their incomes generated from prostitution. However the reality is very different from what it is assumed to happen. It is not necessary that the government would be completely successful in implementing the tax system and the illegal markets will cease to exist. As stated by Holman, in
Germany many brothels have not registered with the state and have refused to pay taxes due to the “criminal nature of prostitution” practiced there. This has resulted in the loss of almost 2 billion Euros unearned revenues per year from the sex industry (117). It can even be the case that for low earning sex workers the imposition of taxes raises their living costs above their incomes and so they are discouraged to work in the legal markets, which is another possible reason for the black markets to continue operating. Even in Netherlands, as it is assured by the Consulate of the
Netherlands in Israel, only ten percent of the prostitutes are working on a legal basis whereas a majority of the sex workers are “illegal aliens”. A large number of these “illegal aliens” are
“forced to go underground, where organized crime has a stronger influence” (“The Legalization of Prostitution: Myth and Reality” 68). The prevalence of shadow economy continues to exist in the states even where prostitution is legalized and so the government is not completely successful in collecting the desired tax revenues.
Zahid 5
It is argued that anti-prostitution laws are not successful and are biased negatively against prostitutes, hence they should be abolished and prostitution should be legalized to strengthen the status of sex workers and provide them safety. The frequency of prostitution is not affected by the anti-prostitution laws and it continues to exist. Instead such laws make prostitution a more dangerous activity by forcing it to be hidden, for all parties involved in it. It is presented that a larger percentage of prostitution related arrests comprise of the sex workers as compared to the clients and the pimps. Due to the illegal status of prostitution in many countries prostitutes have to tolerate the violent behaviors of different individuals of the society which includes the pimps and their clients. The sex workers, unlike any other individual of the society, cannot ask for their safety and justice from the legal authorities due to the illegal status of their profession. Hence prostitution should be decriminalized because anti-prostitution laws are prejudiced against the prostitutes and they deprive them of the basic human right of living a safe life with their own will. However the solution to this problem is not the legalization of prostitution, instead it is the dire need for the strict observation of these laws so that this trade, if not eliminated, can be reduced to its minimum. It can be expected that the decriminalization of prostitutes would worsen the situation for prostitutes and strengthen the pimps and the clients as it gives them a legal right to buy sex and treat the women selling it as they desire. As in the research conducted by Farley et al. it was found by interviewing the prostitutes in USA, who were working in a locale where prostitution was legal, that the “lives in the legal brothels were unbearable”. They stated that they were fully dominated by the pimps or the brothel’s owner, they didn’t have the right to choose their customers and they weren’t even allowed to leave the brothels for quite a long period of time. This example gives an insight that even in places where the practice of prostitution is legalized the prostitutes still remain unprotected and are dominated by the pimps
Zahid 6
or brothel owners and their clients. Such domination restricts the prostitutes to live a life according to their own will with a sense of security and safety in the society.
Legalization of prostitution can help in improving the living standards of the prostitutes.
This can be achieved by improving health conditions and implementing laws to provide them security against the violence from pimps and their clients. It is stated that in countries with legalized prostitution regular health checkups and proper tests are carried out which help to determine if any sex worker is infected by Human Immunodeficiency Virus (HIV), Hepatitis and other Sexually transmitted diseases (STDs). This can significantly help in controlling the spread of STDs in the society. However it is not necessary that in reality the legalization of prostitution leads to a reduction in the spread of STDs. In a study, conducted between 2002 and 2005 in
Netherlands, it was found that the rate of female commercial sex workers infected from HIV had rose from 0% in 1996 to 1.5% in 2005 (Veen et al. 719). This comparison of figures before and after prostitution was legalized shows that despite the policy of regular health checkups and tests the number of prostitutes infected by HIV has increased. It was also found in the same study that
74% of the commercial sex workers were not aware of their infections (Veen et al. 719). Veen et al. suggest that the lack of knowledge among the prostitutes regarding their HIV status is because many sex workers are not willing to go for health checkups since if they are found infected then they may have to face consequences regarding work permits. Furthermore, it is also said that the reluctance of the illegal sex workers to get official medical services is also a reason for the lack of knowledge about their HIV status (720). In addition to this another reason for the spread of
STDs among the prostitutes, in states where proper health checkups are carried out, could be the fact that only one partner is tested. The client of the sex worker remains untested and there is an equal probability that he or she is infected by a sexually transmitted disease. Moreover it is also
Zahid 7
presented that the legalization of brothels would increase the safety for the prostitutes and would give them all the rights as any other professional in the state. Prostitutes will not be forced to work according to their employers’ will and there will be proper laws for the hygiene and other working conditions in the brothels. It is also said that due to the legal acceptance of prostitution as a profession the number of sex workers subject to physical and sexual violence would decrease. It is stated by Vanwesenbeeck, “In the Netherlands, where prostitution is legal, 60% of prostituted women suffered physical assaults; 70% experienced verbal threats of physical assault;
40% experienced sexual violence; and 40% had been forced into prostitution or sexual abuse by acquaintances” (qtd. in Farley 1095). The example of Netherlands proves that the plight of the prostitutes is generally the same throughout the world regardless of the legalization or decriminalization of prostitution in a specific state.
Prostitutes do not lead a healthy and safe life as they are subject to violence and suffer from various psychological and somatic disorders. Physical assaults and sexual violence is considered as a part of the normal code of conduct while dealing with prostitutes throughout the world which also becomes a reason for immense physical and emotional harm to them. The major violent behaviors towards the sex workers comprise of rape and extensive beating by the clients and the pimps as well. It is also believed in many cases that rape is a part of the prostitute’s job and hence it is very difficult to save her from such an assault. An example of this is stated by Wijers and Lap Chew, that if a prostitute is raped in Venezuela, El Salvador, and
Paraguay the penalty for the rapist is reduced to one-fifth that of the penalty of raping an ordinary woman (qtd. in Farley 1095). Along with rape there is also a high murder rate among prostitutes. This signifies that prostitutes are not provided with protection and safety in the society just like any other individual of the society. This discrimination prevails in every society
Zahid 8
irrespective of the legal status of prostitution.In addition to this, physical assaults such as “being beaten, hit, or kicked in the head, strangled, or having one’s head slammed into objects such as car dashboards” can cause Traumatic brain injury (TBI) (Farley 1098). Along with this, a significant number of prostitutes suffer from various psychological and physical diseases which are majorly caused by indulging in sexual activities in a very young age and having a large number of different sexual partners, lack of knowledge about Sexually Transmitted Diseases
(STD’s) and contraception, physical and mental assaults and a guilt of trading one’s body. As compiled by Pheterson, the various health problems associated by prostitutes comprise of
“exhaustion, frequent viral illness, STDs, vaginal infections, back aches, sleeplessness, depression, headaches, stomachaches, and eating disorders” (qtd. Farley 1097). In a research carried out among 475 people inclusive of men, women and transgendered prostitutes currently working in five countries (South Africa, USA, Thailand, Zambia and Turkey) it was found that
Posttraumatic stress disorder is largely common among these people regardless of the fact that the person is being prostituted in a brothel or on the street (Farley et al.). Therefore, the difficult and stressful life leads to a high rate of suicides among the prostitutes. As stated by Montaldo
“75 percent of women in escort prostitution had attempted suicide”.Hence the legalization of prostitution cannot majorly contribute in improving the quality of life lead by prostitutes in terms of improving their health conditions or providing them safety just like any other individual of the society. Although with time people have become ignorant towards such a practice in the society as it exists very commonly and also because no strong actions are taken against it by the authorities but still there is a dire need for the laws to be implemented strictly against the trade of sex. Nevertheless the elimination of such a practice from the society is very difficult but there
Zahid 9
should be strict regulations to reduce it to the maximum. This is because there are serious repercussions for the entire society which includesnot only the individuals who are directly involved in the practice of prostitution but the rest as well. The social consequences of such a practice include the rise in illegal activities such as human trafficking, murders and rapes along with many otherssuch as the spread of dangerous diseases like STDs. Along with this the lifestyle of the prostitutes is surrounded by violence and various disorders. Hence due to these adverse effects on society, prostitution should not be legalized and decriminalized; instead actions should be taken to hinder such a practice.
Zahid 10
Work Cited
“100 Countries and Their Prostitution Policies”.Prostitution.ProCon.org. ProCon.org.22
December 2011. Web. 28 December 2011.
Bullough, Vern and Bonnie Bullough. “Women and Prostitution: A social History”. United
States of America: Crown Publishers, 1987. Print.
Dalrymple, Theodore. “Welfare-to-Work’s New Thrust”. Cityjournal.org. 3 February 2005.
Web.16 December 2011.
“Dutch authorities register 809 human trafficking victims”. Crossroadsmag.European
Journalism Centre. 9 February 2009. Web. 16 December 2011.
Farley, Melissa. “Bad for the Body, Bad for the Heart: Prostitution Harms Women Even if
Legalized or Decriminalized”.Violence against women.10 (2004): 1087-1125. Web. 16
December 2011.
Farley, Melissa., et al. “Prostitution in Five Countries: Violence and Post-Traumatic Stress
Disorder”.Feminism & Psychology.8.4 (1998): 405-426. Web. 16 December 2011.
Zahid 11
Ghamidi, Javed Ahmad. “The Punishment for Theft and Fornication”.Studyingislam.org. AlMawrid.6 August 2005. Web. 16 December 2011.
Holman, Melissa. “The Modern-Day Slave Trade: How the United States Should Alter the
Victims of Trafficking and Violence Protection Act in Order to Combat International Sex
Trafficking More Effectively”.Taxes International Law Journal.44.99 (October 2008):
99-120. Web. 16 December 2011.
Montaldo, Charles. “Prostitution: A Victimless Crime?”.About.com.N.p. Web. 16 December
2011.
“The Legalization of Prostitution: Myth and Reality”. Hotline.org. 2007.Web. 16 December
2011.
Veen, Maaike G. van., et al. “HIV and Sexual Risk Behavior among Commercial Sex Workers in the Netherlands”. Springerlink.com. 25 September 2008. Web. 16 December 2011.
Zahid 12