25 Aug 2022

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Arguments for the Legalization of Prostitution

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Academic level: College

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Even though prostitution has existed alongside marriage since the beginning of human civilization, it remains one of the most dangerous, mysterious, and stigmatized realities of humanity. The preeminent thought is that all who engage in it, predominantly the women, are none the wiser because they are limited by a lack of education and have their desperation exploited in exchange for money. However, the essence of a free society is to allow people the space to make their own choices especially when they seem incomprehensible to others. Hence, it is necessary to legalize prostitution.

Not only is the act of trading symbolic of the freedom present in modern societies, but it is also indicative of the presence of unmet needs and desires. Logically, people only exchange money or other valuable possessions to meet desires that they cannot otherwise obtain. Evidently, and for several reasons, prostitution allows people to meet their need for sexual fulfillment (Soble & Power, 2008). The persistence of this trade implies that there are significant populations that are not getting sex in ways considered appropriate by mainstream society. Still, it is also possible that prostitution persists because there are people who are not getting enough sex, for whom prostitution provides a need. Furthermore, it is possible that there are people for whom the kind of sex they need is inaccessible without the inclusion of money (Soble & Power, 2008). Fundamentally, these are some of the basic conditions for which prostitution is necessary, therefore, until there is a change in any of the above-mentioned conditions, the practice of the oldest trade will continue to persist.

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The preeminent thought is that the women involved in prostitution are involuntary participants to the extent that their insights lack credibility. For the perception exists that such women, out of desperation and lack of education, exploit their bodies for money fail to recognize their own exploitation at the hands of those who organize the trade (Soble & Power, 2008). Another thought is that drug addiction is also used to ensure their control and manipulation by the men controlling the trade. Admittedly, this is the case in some instances (Soble & Power, 2008). However, it is vital to differentiate modern sex slavery from a consensual sexual exchange between adults. Contemporary sexual slavery involves the trafficking of women and girls for sexual exploitation, undoubtedly, this ensures the vile treatment of women and girls akin to the circumstances previously described (Soble & Power, 2008). Conversely, it also shows the market demand for sex, such that the lack of legal protection is not enough to deter its fulfillment. Therefore, it is essential to end the industrialized sexual exploitation of women and girls. Equally, it is important to prevent the conflation of contemporary sex slavery and prostitution, which is a consensual transaction between adults based on sex.

Arguably, it is when prostitution is illegal that the incidents of rape and other forms of sexual violence are highest. According to Ehrenfreund (2014), the prevalence of both gonorrhea among women and rape incidents declined during the period when Rhode Island’s state legislature erroneously deleted the definition of prostitution from its laws. Not only did this legalize prostitution in the state, but it also led to comparatively lower reported incidents of rape in that period. Therefore, this incident provides empirical evidence that legalizing prostitution reduces violence against women and curtails the prevalence of sexually transmitted diseases among them as well (Ehrenfreund, 2014). Furthermore, advocates advancing such legalization state that making this trade legal would empower prostitutes’ by availing legal protection against abusive situations. Not only does legalization provide defense against their sexual exploitation but it also reduces crime. Advancing their argument further, such advocates contend that legalizing prostitution improves public health as it leads to the improved use of contraceptives to control the spread of venereal diseases like gonorrhea (Ehrenfreund, 2014). Therefore, it is clear that legalizing the consensual trade is benefits the entire society.

Other arguments include a widening of the tax bracket and increased tax revenues, the provision of safer working environments and allow consenting adults the environment to make their own choices. Currently, the term prostitution conjures images of people selling their services in the street and clandestine meetings that hardly allow for the proper vetting of clients. Obviously, this increases the risk profile of prostitution. Conversely, if the practice were legal to the extent that services could be procured through the marketplace, physical or electronic, then the protection against risk increases because it provides both parties with the environment to enter into consensual agreements (Ehrenfreund, 2014). Further to that, the provision of such markets allows for revenue collection. Critically, the current legal status denies sex workers curtails their rights to legal recourse and assistance without mitigating their tax burden: economic exploitation. Even though sex work is morally contentious, the continued stigmatization is more harmful than it is beneficial to the entire society. Nonetheless, prostitution persists because the demand for paid sex exists. Legalizing the trade enables the society and sex workers to access numerous benefits.

Undoubtedly, the stigma associated with sex work comes from the fact that the act is very intimate, emotionally powerful and the conventional form of transmitting life. Typically, such debates almost exclusively revolve around the female sex workers and is an uncritical reflection of the gender-diverse nature of the industry. Arguably, it might be because men are not exposed to the same level of degradation as women involved in the trade (Soble & Power, 2008). Further to that, opponents of prostitution contend that abolishing the trade translates to the end of the with which it is stigma associated. Conflated, it is these perceptions that obscure the debate around prostitution and make problematic attempts at finding viable solutions. For instance, Rhode Island legislators out of embarrassment re-amended the law to criminalize prostitution despite the obvious benefits to society. Conversely, it is the prohibition of this trade that perpetuates its link to the criminal underworld by providing organized crime with the necessary financial incentive to engage in sex trafficking. Historical evidence from the prohibition of alcohol supports this argument (Ehrenfreund, 2014). Additionally, slut-shaming, rape culture and victim blaming are instances of the whore stigma that transcend prostitution (Soble & Power, 2008). Therefore, it is the criminal and moral status of prostitution that makes it lucrative for organized crime because they are aware that they can sexually abuse and exploit women who are marginalized through the lack of legal recourse and assistance.

It is doubtless that the debate around prostitution is complex and controversial. Equally, its continued criminal status has not produced the desired deterrent effect. On the contrary, it has led to the sexual exploitation of sex-workers due to their lack of legal recourse and help, increased instances of venereal diseases and violence against women. This leads to the marginalization of these workers yet they have the right to access social and legal protections precisely because society has failed to provide the circumstances that diminish the demand for transactional consensual sex. There are people for whom sex workers provide a vital service either because they cannot otherwise access sex completely, in sufficient quantities or the kind they prefer without payment. Furthermore, despite the stereotypes, there exist people who actively choose to become sex workers. Thus providing them with the necessary legal and social protections is necessary and appropriate.

References

Ehrenfreund, M. (2014 July 17). When Rhode Island accidentally legalized prostitution, rape decreased sharply. The Washington Post . Retrieved from https://www.washingtonpost.com/news/wonk/wp/2014/07/17/when-rhode-island-accidentally-legalized-prostitution-rape-and-stis-decreased-sharply/?utm_term=.b29e411653eb .

Soble, A., & Power, N. (2008).  The philosophy of sex: Contemporary readings . Lanham, Md: Rowman & Littlefield.

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