The Decriminalization of Sex Work

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Table of Contents

Introduction
History of Prostitution and Colonialism
Conclusion
References

Introduction

Prostitution is considered the oldest profession in the world, dating back to the pre-historic period. Since its inception, the morality of prostitution has been an evergreen subject. However, many scholars, religious leaders, and human right activist agree that prostitution is demeaning and immoral. Philosophers consider prostitution ethically wrong because, in most cases, the participants tend to be forced into the practice against their free will. Sex workers have been subjected to assault, rape, and financial exploitation (Jaggar, 2018). The majority of the nations have legalized prostitution as a profession where there is an exchange of money. However, the act becomes illegal when brothels and pimps are involved. There is little correlation between the legalization of prostitution and the standards of living (Doezema, 2018). Despite this notion, prostitution remains common among developed nations compared to underdeveloped countries.

Many countries that consider prostitution illegal perceive it as an opportunity for the thriving of human trafficking and involving minors in sexual exploitation. Prostitution remains the primary reason for increased human trafficking, including the abduction of underage girls. Therefore, illegalizing prostitution is one of the mechanisms to fight human trafficking and protect children from sexual exploitation (Jaggar, 2018). Besides, most sex workers have experienced violations of their rights, including being raped, physically assaulted, and even murdered by their customers.

However, there are various positives consequences to legalizing prostitution, including improved ways to deal with cases of violation of human rights and abuse that most sex workers experience. Additionally, legalizing prostitution allows the government to improve the working condition of the sex workers and initiate mechanisms to provide them with mental and physical healthcare (Benoit et al., 2019). In some countries, governments have been collecting significant money by taxing the industry. Despite having economic benefits, prostitution should not be legalized for economic benefits but for regulation and protection of sex workers.

History of Prostitution and Colonialism

Prostitution was uncommon in most parts of the world during the pre-colonial era. However, the practice was widely accepted in the Roman Empire because it was believed to prevent other sexual activities perceived as a greater evil, such as rape, masturbation, and sodomy (Dewey, 2021). In Europe, prostitution was commonly practiced in the urban centers where specific streets were reserved for the act. Prostitution outside the designated areas was considered illegal and attracted heavy fines.

During the colonial period, prostitution became highly regulated by the colonial government. However, the colonial soldiers actively practiced the act and took advantage of the colonized women to exploit them sexually (Dewey, 2021). The need to control the spread of sexually transmitted diseases led to a tougher stance by most colonial governments on the practice of prostitution. Prostitution was only allowed to occur in designated areas where medical facilities monitor the spread of venereal diseases. However, the thriving of the slave trade led to increased human trafficking, where women from colonized states were taken abroad for the sex trade (Dewey, 2021). Besides, the poor relations between the colonized and the colonizer led to class and racial segregation where colonizers and their subjects lived separately.

The colonial masters saw areas occupied by the colonial subjects as brothels where they could easily find women to satisfy their sexual desires. This perception laid the foundation for the development of prostitution which became difficult for the colonial governments to regulate. The new imperialism in the 19^th century saw almost half the population of Africa shipped abroad as slaves. Most enslaved people were subjected to inhumane conditions that included sexual exploitation. Later, most women started venturing into prostitution as a survival mechanism.

Prostitution has often proved to be a desperate adventure that exposes the sex workers to various forms of danger, including contracting sexually transmitted infections, being raped, and being physically assaulted. These risks subject the sex workers to untold mental suffering that can graduate in more serious conditions if left unaddressed (Benoit et al., 2019). Therefore, the government must implement various policies to ensure that the issue of prostitution is addressed. For instance, the primary reasons forcing people into prostitution need to be identified and addressed to limit the number of people engaging in this practice to survive (Benoit et al., 2019). One of the significant ways that the government can discourage the practice of prostitution is by imposing heavy taxes on the prostitutes and the big players in this industry, including pimps.

Prostitution is a form of exploitation that most people venture into out of desperation because they lack better alternatives for meeting their needs. Many clients have been using this desperation to exploit the sex workers sexually and underpay them. The lack of regulations in this industry has made it easier for culprits of exploitation from being charged, thus denying the victims justice. Legalizing prostitution and enacting the necessary policies to regulate the business will make it a bit healthier because the sex workers will be able to access the necessary mental and physical care that is not provided when the practice is illegal (Benoit et al., 2019). However, tighter regulations should be enacted to discourage many people from engaging in the habit. If it is not unregulated, the industry may be overwhelmed by sex workers giving rise to other social problems such as increased drug abuse and increased spread of sexually transmitted infections.

Prostitution is often treated as a crime in areas where it is illegal. However, it is different from other crimes because it is an avenue to other crimes. For instance, prostitution creates a conducive environment for the development of other crimes, including human and drug trafficking. These risks are the practical reasons against the legalization of prostitution in many states. Besides, most sex workers are recruited into the practice through fraud or force (Benoit et al., 2019). Most of the activities involved in prostitution are degradation of human dignity and a violation of human rights.

While prostitution is generally considered the exchange of sexual acts for money, paying for sexual activities should not be regarded as human rights. Sexual activity should be based on mutual consent and the legal age of the parties. This approach is likely to reduce the negative perception of prostitution. The public’s negative perception of prostitution is fueled by the cases of violation and forced recruitment associated with the practice (Hyde & Delamater, 2019). This is why pornography does not receive the same backlash despite engaging in sexual activity in exchange for money. Pornography tends to portray sex based on the mutual agreement of the actors but not money as the primary motivator (Hyde & Delamater, 2019). The pornography industry is regulated and reduces the number of violations and sex crimes because the actors operate based on the contract with the pornography companies. Legalizing prostitution in all countries could decrease the number of sex crimes because the sex workers will be working on contract. Any breach of the contract can easily be reported, and the culprits brought to justice.

Conclusion

Considering all the above regarding prostitution, I am of the opinion that prostitution should be legalized in the United States. This approach is essential in developing regulations for protecting sex workers from being exploited. Offenders tend to take advantage of the absence of regulatory laws to sexually and physically abuse sex workers. Additionally, the lack of regulations has significantly contributed to the recruitment of underage girls into prostitution. When these children are found, they are often treated as criminals instead of victims. This approach makes identifying the pimps and cartels controlling the prostitution industry difficult. Therefore, by legalizing prostitution, the government will be able to monitor the sector and ensure that all the legal issues are complied with.

References

Benoit, C., Smith, M., Jansson, M., Healey, P., & Magnuson, D. (2019). “The prostitution problem”: Claims, evidence, and policy outcomes. Archives of Sexual Behavior, 48(7), 1905-1923.

Dewey, S. (2021). Sex work and prostitution third sector organizations in the Americas. In Third Sector Organizations in Sex Work and Prostitution: Contested Engagements in Africa, the Americas and Europe (pp. 93-124). Routledge.

Hyde, J., & Delamater, J. (2019). Understanding Human Sexuality. Mcgraw-Hill US Higher ED.

Jaggar, A. M. (2018). Prostitution. In Living with Contradictions (pp. 102-112). Routledge.

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The Decriminalization of Sex Work

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