Research question
Should sex for sale be legalized despite the several negative consequences it has to the participants and the society at large?
Abstract
The study will explore the social issue of sex for sale by looking at the arguments against its legalization. It will explore the negative consequences of Prostitution and also the laws against the practice in American society. While there is pro abolitionist, the practice of commercial sex has its supporters. The antagonist of sex for sale argues that is has brought moral decadence in the society and also led to increased rates of crime. They further say that innocent women have suffered sexual violence increased rates. Legalization of Prostitution will jeopardize the efforts of fighting against sexual abuse in the society as it is will give brothels and pimps the right to exploit people at the expense of their clients gain.
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Sex for sale or Prostitution is a sensitive social issue that has raised controversies across the globe. On the one hand, some people advocate for the legalization of sex for sale around the world, citing various reasons for their arguments. On the other, some antagonists consider legalization of Prostitution as jeopardy to moral values in the society. While there are societies that have decriminalized sex for sale, there are several others that still consider Prostitution illegal and have punitive measures to curb the issue. In America, sex for sale is unlawful except in ten counties of Nevada. Most states punish the prostitute and the customer equally with the notion that it is a joint affair; however, some states have harsher penalties to the seller.
Regarding the research question, sex for sale should not be legalized because of the several adverse consequences that it has to society. The law of criminalization of sex for sale includes but not limited to non-issuance of licenses to the state-sponsored forms of Prostitution which include brothels and pimps, stopping the regulation of Prostitution by conducting health checks and registration of women who wish to venture into the illegal business. Also, the sell of sex should not be considered as work or a mere means of getting income. Although men are also involved in commercial sex activities, women are a majority in the illegal activity, and as a result, they are the most affected group. Despite who is involved in the operation, it should not be legalized or regulated as one of a means of earning income. The paper will, therefore, explore the arguments against legalization of sex for sale, citing various negative consequences to the society as it also examines laws against Prostitution.
Sex for sale should not be legalized because it has led to an increase in sexual exploitation and violence against women. When sex for sale is legalized it makes the harm caused by women to be more invisible. There are several reports concerning cases of women being beaten and even killed after a commercial sexual dispute or in the pursuit of pleasure by their clients. When sex for sale is made legal, then it further reduces the power of women to defend themselves and be safe from sexual exploitation that has already taken roots. Over the years, cases of women being raped at workplaces, parks, and public bathrooms have been recorded. And When sex for sale is not criminalized, then sex offenders will be hiding behind the aspect of mutual consent, even when it does not exist (Macur, 2020). As a result, the efforts of fighting against sexual violence against women will be jeopardized. Besides, the vulnerable populations such as the mentally challenged as well as the physically handicapped can become victims of commercial sex because people with greed for money can use them for the trade. Bindel explains that in Nevada, she interviewed a brothel business owner who was trading a handicapped person for sex, and he told that she had been sold to him by her boyfriend's father. It is a sad state of affairs and a reason as to why sex for sale should not be made legal because the physically and mentally challenged will be used as a source of income. The author states “In Nevada, where brothels are legal, I interviewed a brothel owner who was pimping out a severely learning-disabled young woman who had been sold to the brothel by her boyfriend's father” (Bindel, 2018, paragraph 8). The case is from Nevada, where sex for sale is legal, and therefore even the challenged have no defence.
Additionally, sex for sale should not be legalized because it has led to a high rise in the cases of sex trafficking in certain countries across the globe. Women and young girls have been lured into traps and illegally shipped to places where they are locked up and owned by people who sell them as prostitutes in brothels and pimp houses. When brothels and pimp houses are not abolished them, it implies that sex crimes will increase and more innocent women will suffer as they are trafficked and exploited in locked-up places legalized to sell sex to willing clients. According to pro abolitionists sex for sale is exceedingly abusive as more women continue to suffer forceful sexual activities after they are trafficked. According to The Guardian magazine, abolitionist say sex for sale creates inequality between men and women as it lowers the dignity of women to the level of being viewed as sex objects the author states "Prostitution is inherently abusive, and a cause and a consequence of women's inequality. There is no way to make it safe, and it should be possible to eradicate it."(Bindel, 2018, paragraph 4). The author expresses her sentiments regarding sex for sale, and she insists that it is what widens the rift of inequality between men and women in society.
Despite the health checks that sex sellers claim to be conducted before engaging in the activity, there are still high risks of contracting sexually transmitted infections and HIV cases, among others. Bindel explains that there is no way it can be made safe because once money exchange hands the customer demands to have a right over the body of the seller and taking precautions such as the use of protection may time be ignored by the customer. The author explains "Abolitionists reject the sanitizing description of "sex worker", and regard Prostitution as a form of violence in a neoliberal world in which human flesh has come to be viewed as a commodity, like a burger” (Bendel, 2018, paragraph 4). Human beings have been commercialized like any product in the market. When a person buys a commodity, they have all the rights to use it as they desire, and this is the case in sex for sale. Women suffer most and end up contracting infections from their clients as no safety strictly adheres. Because of such risks of disease transmission, sex for sale should not be made legal to protect the most vulnerable people in society. Besides, there should be sex education to help the ignorant have knowledge of the risks that can occur from selling sex.
Sex for sale has also made young children victims because they are sold by their guardians or even reckless parents who can be drug and alcohol addicts. When parental responsibility is no longer an issue to some peoples, their children suffer from sexual abuse and violence. There are places where children have become victims of rape, and some become psychologically tortured for life their innocence is robbed away from them because of the permissive nature of the society.
In America, some of the federal laws against sex for sale or Prostitution include; denial of admission into the U.S.A. for any person who has previously engaged in Prostitution or want to enter the country for the sole purpose of selling sex. Their visas can be revoked, or status changed. It is under the general governing admission of aliens. Besides, importation of persons to sell sex is forbidden, and the offenders are subjected to a jail term of up to 10 years or fined. Another law is that anyone who coerces or entices another into the trade of sex will be charged with a criminal offence and if found guilty will serve a jail term of a maximum of 20 years or a fine (Procon.org 2018). Similarly, any person who harbours and alien for the purpose of using them or exposing them to commercial sex work charged for a criminal offence and will be given a jail term of up to 10 years or pay fines as stipulated by the law (Procon.org 2018). In various states across America, there are different penalties for sex sellers and their customers. For instance, in Alabama, both the prostitute and the client can serve a jail term of 1 year or pay a fine of 6000 dollars (Procon.org 2018). In Alaska, both the customer and prostitute can serve a jail term of 10 days or a fine of 2000 dollars. Different states have several statues governing sex offences (Procon.org 2018). Nevada revised its laws because it legalized commercial sex and therefore pimps and brothels are considered legal businesses.
Although the people who support sex for sale argue that it helps the participants to get the income and further state that it can help in building the economy through taxes, it is not just because there is more harm than good that is brought by Prostitution. Several religious institutions condemn the act arguing that it is against their creator as sex is scared.
In conclusion, it is essential to note that sex for sale is a social issue that has brought controversies in different societies across the world. Several of them do allow the legalization of Prostitution, citing that it leads to moral decadence. The pro abolitionists argue that sex for sale should not be legalized because it has led to increased rates of sexual violence among women and girls. Women for several years have become victims of sexual abuse, and when sex for sale is made legal, then it makes the sex crimes against women invisible. The government authorities should ensure that women and girls are protected and their dignity upheld. Sex for sale has also led to other criminal activities such as human trafficking form various parts of the world. People, including young and innocent children, have been kidnapped and sold for sex exploitation within or beyond their nation's boundaries. Despite various laws being put in place prohibiting sex for sale, there are still several states and practising the illegal trade some countries; however, in America, for instance, Nevada has made sex for sale legal. Prostitution should not be legalized to protect the moral values in the society and help reduce the rates of crimes.
References
Bindel.J. (2018). Why Prostitution should never be legalized https://www.theguardian.com/commentisfree/2017/oct/11/prostitution-legalised-sex-trade-pimps-women Accessed 12 June 2020
Macur. J. (2020).Former Athletes File Sex Abuse Lawsuits Against U.S.A. Swimming https://www.nytimes.com/2020/06/10/sports/olympics/swimming-abuse-coaches-lawsuit.html Accessed 12 June 2020
Procon.org (2018). U.S. Federal and State Prostitution Laws and Related Punishments https://prostitution.procon.org/us-federal-and-state-prostitution-laws-and-related-punishments/ Accessed 12 June 2020
Spanger, M., & Skilbrei, M. L. (2017). Exploring sex for sale: Methodological concerns. In Prostitution Research in Context (pp. 1-16). Routledge.