Against the Legalization of Prostitution

¶ … Against the Legalization of Prostitution ecdriesbaugh

Against Legalization of Prostitution in the U.S.

Many images come to mind when we think of prostitutes. We think of crack whores, Wild West brothels, high-class escorts, and Julia Roberts in the movie Pretty Woman even while most people have never met a real live prostitute. Video games violently "beat up" street hookers, people worship Ice-T and Kid Rock pimp personas, and television shows incarcerate prostitutes for what many would claim to be a "victimless" crime. Obviously, very few people have any respect for these women (Roleff, 2006).

Prostitution is not a crime without a victim, and prostitutes aren't usually called "women." Society calls them whores, tramps, sluts, pieces of meat, and trash -- names for what society perceives as inhuman. Despite the philosophy behind anti-prostitution laws, we are not the victims of prostitution in need of defense. The victims are the prostitutes themselves who, under current legalities, are punished for the very crimes committed against them (Roleff, 2006).

Those who advocate prostitution as simply another occupation think of prostitutes as individuals who have rationally considered the alternative and chose prostitution over other ways of supporting themselves. Those who advocate legalizing prostitution presume much in determining this, because they assume that women choose the type of prostitution they wish to practice. However, they fail to recognize that there is a hierarchy to prostitution. The escorts and call girls we see in movies do exist, and they can live extravagant lifestyles with little risk of violence or legal problems. This, however, is not how most prostitutes live and operate.

Prostitution supporters are inclined to think from the perspective of liberal feminism -- men and women start out on a level playing field, and any legalities that do not keep the field "equal" is biased. Supporters believe that laws criminalizing prostitution unjustly discriminate against women, who make up the majority of prostitutes. Many liberal feminists view the right to prostitution as they do the right to abortion -- women's bodies, women's choice. But prostitution and abortion not so alike. Abortion entails women gaining and keeping control over their bodies, while prostitution entails men buying control of the woman's body. This is the perspective held by many prostitution adversaries. Unlike liberal feminism, radical feminism categorizes women as an oppressed class. From this perspective there is no equal playing field, and if unattended patriarchy will support the rights of men at the expense of women. Many radical feminists see prostitution as a human rights violation -- a form of sexual slavery (Roleff, 2006).

Legalizing prostitution conveys the message to men that women are sexual merchandise and that prostitution is not detrimental or harmful to women. There are a number of reasons why prostitution should not be legalized. Legalization of prostitution does not make the profession more dignified -- it degrades women. Legalization will not enhance women's health or shield women from the brutalities they are subjected to by pimps, johns, and consumers. Legalization encourages sex trafficking, promotes child prostitution, and takes advantage of women whose situations compel them to enter the world of prostitution (Raymond, 2003).

What does it mean to legalize or decriminalize the sex trade? Studies show that in the Netherlands the legalization of prostitution sanctions all facets of the sex industry: the prostitutes, the consumers, and the pimps (who in the process are exalted to the level of third party businessmen and considered legal sexual entrepreneurs). Legalizing prostitution allows for institutions such as brothels, sex clubs, and massage parlors to exploit women and legitimately flourish on their exploitation with few constraints (Raymond, 2003).

There are those who think that legalizing prostitution dignifies the profession; however, dignifying prostitution as a professional occupation does not dignify the women. It only dignifies the trade itself. In a certain ways, decriminalization sanctions the prostitutes, but people are often unaware of the fact that it decriminalizes the "whole sex industry." There are serious consequences in legalizing pimps as lawful businessmen, and the acceptance of men who purchase women for sex as legitimate consumers (Raymond, 2003).

Moreover, in countries where women are punished for prostitution it is vital that we advocate for the protection of the women ensnared in sex industries. No woman should be punished for the mistreatment of herself. But no country should ever legalize pimps, consumers, suppliers, and sex enterprises (Raymond, 2003).

The Encouragement of Sex Trafficking

The legalization of prostitution inadvertently encourages sex trafficking. Donna M. Hughes, professor of women's studies states, "The legalization of prostitution is not controlled prostitution. In fact, the demand for victims of sex trafficking increases when men can legally buy sex. Nor has legalization improved conditions for women forced into prostitution by poverty or a childhood of sexual abuse. Prostituted women do not join unions or sign up for benefits because many women are trafficked, and others view prostitution as a temporary solution. Prostitution is not work but a predatory and criminal business that depends on the abuse and exploitation of women." (Gerdes, 2007, p. 1)

Some have argued that the decriminalization of prostitution would help curb the exploitation of immigrant women who have been captured for trafficking; however, one report revealed that 80% of women in sex establishments in the Netherlands were trafficked from other countries. In the early 1990s, the International Organization of Migration (IOM) reported that approximately 70% of trafficked women were from Central and Eastern European Countries (Raymond, 2003). After lifting the ban on brothels in the Netherlands, eight Dutch victim support organizations revealed an increase in the number of victims of trafficking, and twelve victim support organizations reported that the number of victims from other countries has not diminished; however, the Minister of Justice has implied that the total banning of prostitution could clash with the federally guaranteed right to free choice of employment (Raymond, 2003).

Australia's Practice and Consequences

After legalizing prostitution in Australia, a massive expansion of the sex industry occurred as did other forms of sexual exploitation: strip dancing, bondage and discipline establishments, peep shows, telephone sex, and pornography became far more lucrative than before decriminalization of prostitution. The sex industry has become deeply engrained in Australia's tourism. Australia's government-sponsored casino's now authorize casino chips at area brothels. Proponents of prostitution argue that one objective in legalizing prostitution was to take women off the streets and place them in safer, less vulnerable indoor conditions; however, reports have shown that many women involved in street prostitution do this in order to avoid pimp exploitation and to avoid mandatory health checks. Therefore, legalization may actually drive some prostitutes out on the street. Adversaries of legalized prostitution have argued that confining prostitutes indoors restricts them from being introduced to outreach workers who could help them leave prostitution (Raymond, 2003).

Furthermore, in interviewing prostitutes it was found that the decriminalization of prostitution did not wipe out the stigma and shame of prostitution. Prostitutes in the Netherlands are required to register -- in which case they can no longer remain anonymous. They may be stigmatized as "whores," and this label might follow them everywhere they go. Therefore, many prostitutes still work unlawfully underground. Some members of Parliament who initially advocated the legalization of prostitution (thinking it would help liberate women) are now realizing that legalization reinforced the oppression of women (Raymond, 2003).

No Protection for Prostitutes

In two different studies, 186 victims of commercial sexual industry were questioned. Time after time the interviewees stated that prostitution establishments did little to keep them safe. It did not matter whether the establishment was legitimate or illegal. One of the studies interviewed 146 victims of sex trafficking in five different countries. The study revealed that 80% of the prostitutes interviewed had endured physical violence from pimps and buyers and suffered related and numerous health effects from the violence and sexual mistreatment, regardless of whether the women were sold internationally or involved in regional prostitution (Raymond, 2003).

Turning Women into Merchandise

Legalization of prostitution tells men that women are sexual merchandise and that prostitution is not harmful or degrading. In countries where prostitution has been decriminalized, many men who were once unwilling to risk buying sex now find prostitution acceptable. Men now have an abundance of sexual services offered to them through prostitution: anal sex, sex without condoms, bondage and domination and other acts mandated by consumers. Once the legalization of prostitution takes affect women's reproductive abilities are "sellable commodities." Some consumers find pregnancy a sexual turn-on and demand breast milk as part of the encounter with pregnant women (Raymond, 2003).

Another example of turning women into commodities is that in Australia, they have made specialty brothels for the physically disabled. State-employed caretakers (typically women) must usher these men to the specialty brothels if they wish to go, and then literally help them with their physical sexual activities. Commercial advertisements plaster the roads of Victoria, Australia offering women as sexual commodities. Men on business are beckoned to hold their business meetings in establishments where naked women are displayed on tabletops at coffee breaks and lunchtime. Establishment owners who have been interviewed say that most of these men are highly educated family men, who frequent the establishment by day and then return home to their families at night. Women who try to maintain legitimate relationships with men find more and more that their partners are visiting these brothels and sex establishments (Raymond, 2003).

Legalization Does Not Protect Women's Health

The legalization of prostitution mandates that the women submit to health checks and certifications, but does not require this from male consumers. This makes no sense at all since women oftentimes contract the disease from the men. The women are not protected from contracting HIV, AIDS, or other STDs. This is not to support that both the prostitutes and male consumers be checked -- it simply points out the ridiculousness that the policy implies. "A regulated and decriminalized system of prostitution will promote safer sex and HIV / AIDS control." Male consumers have and will continue to transmit disease to the prostitutes they buy.

Some have argued that controlled prostitution establishments would protect women through legally implemented condom policies. One study revealed that 47% of women involved in U.S. prostitution stated that men expected sex without protection; 73% said that men offered to pay more for sex without protection; and 45% of women said that men became abusive upon the assertion of using condoms. One prostitute said, "It's 'regulation' to wear a condom at the sauna, but negotiable between parties on the side. Most guys expected oral sex without a condom..." (Raymond, 2003, p. 7)

Furthermore, "safety policies" in sex establishments did not protect women from injury. Where some brothels claim to watch over the happenings between the prostitute and consumer, women claimed that they were physically harmed by some consumers, and at times, by establishment owners and their friends. Even when "bouncers" interceded to temporarily control consumer abuse, women constantly lived in trepidation. Although 60% of the prostitutes interviewed stated that consumers had sometimes been prevented from behaving violently, half of the same women admitted that they thought they might be killed by one of their buyers at one time or another.