¶ … Prostitution Legal Is the government justified to regulate prostitution?

Is the government justified in banning prostitution?

Prostitution is often called a 'victimless crime.' This implies that in the sexual transaction of prostitution, 'no one gets hurt' thus the action should be legally permissible, The presumption is that actors have a fundamental right to autonomy over their own bodies and if a woman (or a man) wishes to 'sell sex,' she or he has a right to do so. However, in a patriarchal society in which there are still substantial inequalities between males and females in terms of their ability to exercise power, this presumption is extremely problematic. The issue of consent is obviously most vexing when it comes to the issue of child prostitution, but even for women who are technically 'of age,' the prostitute/John relationship is arguably anything but equal. The second problematic presumption with the argument that prostitution is a victimless crime is health-related. Proponents state that the government has no role in governing what the individual does that may 'hurt' his or her body. However, the government is already intimately involved in such oversight in many areas of human life, such as regulating drugs and food, for example, given that individual actions undertaken upon the human body have clear negative fallout for all of society. The negative aspects of prostitution cannot be easily confined within the skins of the persons who are consenting to the act and what constitutes consent is dubious at best.

First and foremost, the problem with prostitution is that the consent of women is not always obtained. Many women become prostitutes because of negative attitudes towards sex derived in childhood, whether they are abused or simply become enamored of the idea as a result of media portrayals of women who are highly sexualized and thus desirable. There is also a substantial part of the sex industry based upon trafficking that is illicit in nature, whether it is child prostitution or adult human trafficking (women lured with the prospect of jobs in America, often illegal immigrants, who then are coerced into working in the sex industry). Defenders of the victimless crime theory, of course do not defend such aspects of prostitution and even argue that if prostitution were better-regulated, such practices could be contained. However, this is unlikely and simply by creating a moral climate in which women's bodies are objects to be sold and bought (or even all human bodies are objects to be bought and sold) is arguable that these types of obviously immoral activities would be supported by a more permissive climate that condones prostitution.

It is also extremely difficult to separate child prostitution from adult prostitution (given the youthful nature of entry into the profession, when selling one's body is most lucrative). "At least 2/3 of prostitutes began working in prostitution before the age of 16. Young women and men often enter prostitution as a way of escaping an abusive home situation. They see prostitution as their only means of survival" (Prostitution, 2013, Illinois Law: 83). These vulnerable young people regard themselves as beholden to much more powerful males on whom they are dependent for their economic sustenance, both in the forms of Johns and also 'pimps' whom they must rely on for protection. They have few perceived or real economic recourses to find other ways to economically survive. "Most children enter prostitution at the age of 14" (Prostitution, 2013, Illinois Law: 83). Legalizing prostitution once these children come of age would do little to help ameliorate their situations.

In fact, an estimated 90% of all women currently working as prostitutes -- whether 'willingly' or 'unwillingly' -- are the victims of childhood sexual abuse, often incest (Prostitution, 2013, Illinois Law: 83). The fact that such a disproportionate number of women working as prostitutes were sex abuse victims suggests that the psychological profile of the 'typical' prostitute is not someone who is freely, cheerfully accepting her fate and weighing the pros and cons of a vocational decision in a logical and objective fashion. Additionally, prostitution is a high-risk profession. Young women are often unable to adequately assess the risks to their bodies and minds. "Many others have been sexually assaulted in the course of working in prostitution. About 75% have been violently raped as adults in situations not involving their work" (Prostitution, 2013, Illinois Law: 83).

A child who grows up and becomes a prostitute due to little exposure to other ways of being in the world cannot be full said to 'consent' to such a situation. "96% of prostitutes who began committing prostitution as juveniles were runaways. Most stated they had no other option for making money" (Prostitution, 2013, Illinois Law: 83). This suggests that rather than a victimless crime this is a crime which exploits the vulnerabilities and life circumstances of people. There is a presumption within many...

Certain safety precautions and warnings are demanded regarding hazardous activities in the workplace or elsewhere, given that the presumption is that the actor is not always able to fully appreciate the consequences of his or her actions; there are laws against sexual harassment in the workplace because of the innate power imbalance between superior and subordinate. The limited worldview and experiences and dire previous circumstances of most persons when they engage in prostitution suggests that the law has a responsibility in assuming a protective function and that giving them the 'freedom' to be prostitutes is no freedom at all.
Another concern is that legalization of prostitution could increase the spread of STDs and other sexually-transmitted diseases. While proponents of legalization allege that it will be easier to regulate the hygienic practices of prostitutes (by 'forcing' prostitutes to wear condoms, for example), as a practical matter this seems somewhat dubious, given that it is likely inevitable that there is a strong incentive for the prostitute to please his or her client and engage in unprotected sex, regardless of any regulatory impositions. Even if women do not consciously wish to engage in unsafe behaviors, the nature of the prostitute-John relationship tends to result in such coercive and unsafe situations. Common STDs amongst women according to a recent study of Minnesota women who work as prostitutes include "HIV / AIDS, chlamydia, gonorrhea, herpes, human papilloma virus, and syphilis" (Raymond 2012).

One recent study found that only 15% women working as prostitutes had never contracted one of the most common STDs, not including AIDS (Raymond 2012). "31% of the women interviewed had experienced at least one episode of PID which accounts for most of the serious illness associated with STD infection. Among these women, there was also a high incidence of positive pap smears, several times greater than the Minnesota Department of Health's cervical cancer screening program for low and middle income women. More STD episodes can increase the risk of cervical cancer" (Raymond 2012). Prostitution thus has violent, permanent, and debilitating effects upon women's health in some instances and all of society must suffer these costs in terms of healthcare expenditures as well as the women themselves. Again, given the youth of most women when they began to engage in prostitution, there is an innate lack of an ability to fully appreciate the consequences of their actions in the long-term.

The social fallout from prostitution can also extend far beyond that of the women themselves. The sexual partners of men who patronize prostitutes can pass these illnesses onto their partners unwittingly. Given that unintended pregnancy is a common 'side effect' of prostitution, the children of women in these circumstances must also suffer the effects of prostitution. These children are likely to suffer from the low self-esteem, violence, and depression exhibited by their mothers.

Women who are prostitutes also suffer the effects of prostitution in a psychological fashion that belies the idea that they choose such an occupation freely. "The emotional health consequences of prostitution include severe trauma, stress, depression, anxiety, self-medication through alcohol and drug abuse; and eating disorders….Ultimately, women in prostitution are also at special risk for self-mutilation, suicide and homicide. 46% of the women in the Minneapolis/St. Paul study had attempted suicide, and 19% had tried to harm themselves physically in other ways" (Raymond 2012). Once again, the consequences are not simply for the individual but also for society.

Not all proponents of legalization are anti-woman, of course -- many are civil libertarians which resist government impositions on behaviors that are supposed to be intimate and private, particularly sexual behaviors. But prostitution is a crime produced by social and political forces and it is difficult to view it as a personal choice given the influences upon the behavior. Also, human beings in our society do not have unlimited freedom to do harm to themselves…