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Austin Cline

Weekly Poll: Should Prostitution be Legal?

By , About.com GuideOctober 1, 2009

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Prostitution has been called the oldest profession in the world and it seems likely that humans have always traded whatever they had in exchange for something they needed - and the one thing that a human always has is their own body. Everyone trades something about their body, so why not sexual activity as well? Those who argue that it should remain illegal often use arguments that show prostitution is bad — but in too many cases those "bad things" that result from prostitution are more a consequence of it being illegal than a consequence of selling sex. If we focus solely on selling sex, what is it about this action that merits calling it criminal?

One interesting argument is that even if you disapprove of prostitution, this doesn't mean that those who engage in it should be thrown in jail. If you think that prostitution really does degrade women, then it seems that a better response would be to try and help those who prostitute themselves - help them find better jobs, better education, better ways to live, etc.

Scott A. Anderson has offered some interesting arguments against legalize prostitution, for example that prostitution should be considered a violation of one's sexual autonomy: sexual relations are so important, so personal, and so private that no one under any circumstances should feel that they have to sell such relations simply to earn enough money to eat and survive. This seems reasonable, but what about people who want to? And what about other jobs that no one should have to do just to survive, like joining the military or donating blood?

More interestingly, Anderson argues that prostitution could change the way sex is perceived generally in the marketplace, not just where sex is the primary product being sold. Thus, large companies might require sexual services from employees as a matter of course and welfare agencies might require that the unemployed take sexual work where available or risk losing benefits. Although a very interesting argument, it's not a persuasive one because we don't have such problems where prostitution is currently legal and it's not a problem with sex industry jobs that are legal like stripping, posing nude, and adult movies.

Comments
October 1, 2009 at 10:45 am
(1) Larian LeQuella says:

I can’t remember if it was in Australia or Amsterdam that I saw a study that showed areas that allowed prostitution actually suffered from much FEWER of the societal ills that those who oppose prostitution think it leads to (i.e. sexual crimes, STDs, unwanted pregnancies, etc.). Granted, that particular study was from well over a decade ago (when I saw it), so I don’t know what sort of follo up has been done in that regard.

Anderson seems to employ the slippery slope argument a bit too much in his arguments against. America’s puritanical, prude background plays against any real adult conversation about sex or sexuality…

October 1, 2009 at 11:11 am
(2) AF Vet & Mil Spouse says:

“And what about other jobs that no one should have to do just to survive, like joining the military or donating blood?”

Like joining the military? Are you serious, this is not a smart example of what “no one should have to do to survive”; to try and put being in the military on the same level as prostituting ones self is quite a stretch. Maybe you’re just referring to the militaries in 3rd world countries and not to the American military or other country’s well standing service.

Yes, some people join the military to get out of college dept and as a better way to support their family if they can’t make enough doing something else, but for the most part people join the military because it’s a great way to live and it’s highly respected, things that have nothing in common with prostitution.

October 1, 2009 at 11:39 am
(3) Happy Endings? says:

Check out Happy Endings? a documentary film on Asian massage parlors in Rhode Island where prostitution is legal.
We follow the women in the massage parlors as the General Assembly debates changing the 30 year old loophole that makes sex for sale behind closed doors legal.

http://www.amazon.com/Endings-Masage-Parlors-Island-Prositution/dp/B002KBIIPQ/ref=sr_1_1?ie=UTF8&s=dvd&qid=1252358918&sr=1-1

October 1, 2009 at 1:06 pm
(4) Austin Cline says:

Like joining the military? Are you serious, this is not a smart example of what “no one should have to do to survive”; to try and put being in the military on the same level as prostituting ones self is quite a stretch.

So, you want to argue that it should be a job that a person should have to do just to survive?

And you’ll notice that I put this on the same level as “donating blood.” You did notice that, right?

October 1, 2009 at 8:30 pm
(5) Ron says:

From weekly poll (If you think that prostitution really does degrade women,)
Many years ago I did a few transactions with a woman due to the life situation that I was in at the time. So here is a question. If these transactions degraded her, was I equally degraded, and if not, then why not?

October 2, 2009 at 2:44 pm
(6) Victoria says:

I firmly believe that prostitution should be legal. Since noone wants the john to be prosecuted, prostitution will not go away. Now, if the johns and not the working gals were the ones arrested, then maybe there would be a decrease in it. I realize that some places do arrest johns, but they need to arrest all johns involved – politicians, wealthy people, and foreigners, not just the poor guy on the street. Just arresting the poor guy on the street does nothing to decrease prostitution in my eyes.

October 2, 2009 at 2:49 pm
(7) comnsnse says:

Among the positive aspects of legalization would be;less anger particularly with men,no committment issues to acheive physical gratification,happier marriages when spouse does not enjoy the activity,economically advantageous,since their are no long leadups with dinners,shows etc. and finally the recognition that “love”is not a requirement to enjoy the act.A transaction the may be viewed clinicly where both parties are satified with the result!

October 2, 2009 at 2:57 pm
(8) Todd says:

Quoth the Reverend Carlin:

Selling is legal. F***ing is legal. Why isn’t selling f***ing legal? Why should it be illegal to sell something that’s legal to give away? I can’t follow the logic. Of all the things you can to do a person, giving them an orgasm is hardly the worst.

1) You can’t regulate an illegal activity
2) You can’t tax an illegal activity
3) The laws haven’t stopped it
4) Want and have will always find a way to come together
5) Most of the problems we associate with prostitution are a direct result of its illegality
6) The catholic church was OK with it (they believed that it kept men from leaving their wives or turning to buggery).

(replace ‘prostitution’ with ‘drugs’ and most of it holds)

October 2, 2009 at 5:06 pm
(9) Marc says:

Obviously it should be legal. Why should two adults having sex be illegal, whether one is paying the other or not? Is going to a night club, buying a girl/guy drinks, paying to take them out to dinner, and then having sex illegal (or any different?)? Somebody gets compensated, and then both are happy! Do you think everybody going out to meet people and have sex want to be yoked to that person indefinitely? Regulate it, tax it, and it’s safer than driving your car and profitable. We have examples in other cultures as proof.

One problem! The lingering puritanical belief system in this country which tells people sex is dirty (a necessary evil) and your body has to be hidden due to sin. As well as the BS that we should be ashamed and penalized if we have the natural urge to have sex with more than one person.

October 2, 2009 at 5:17 pm
(10) Andrew says:

It should be a state level decision of whether prostitution should be legal.
But I have no problem at all with legal prostitution. It should be taxed and regulated. All the problems with illegal prostitution (spread of disease, abuse of the girls, etc.) would not be a problem under legal, regulated prostitution.

October 3, 2009 at 1:13 am
(11) Tom Edgar says:

Having travelled the world, Had sex with only one woman, my wife, I can speak without prejudice.

Most prostitutes throughout the world, and I point out this includes many Islamic countries, do not pursue this activity either willingly or by choice. Overwhelmingly the business is owned, operated, and conducted by MEN. This situation is generally accompanied by a less than satisfactory remuneration or eventual end for the girls.

If it wasn’t for the forgoing then I fail to see what objections could be made. In Brisbane. Australia, where it is now a legal activity, many years ago it was not legal but neither was it actively prevented, indeed the Government health department gave weekly venereal inspections. Well they wouldn’t want the regulars catching anything, especially the Police,Politicians, and Priests, who were long term clients.

I sat on the verandah of one establishment talking to some girls whilst my shipmates were inside. One N Z lady was a university graduate who laughingly said that my mates, although well behaved, were the only “Ordinary” workers they had seen all week.

Am I odd? It never appealed to me at 21 and certainly still doesn’t. I wouldn’t use a towel left in a communal shower. I also see the sexual act as being just a little more than the means of physical relief, if I wanted only that there was always the five sisters.

October 3, 2009 at 8:50 am
(12) sornord says:

Hey, divorce is legal so why not prostitution? Either way you have a little sex then you’re your money is taken and thoroughly screwed.

October 3, 2009 at 8:52 am
(13) sornord says:

You’re should be before “thoroughly,” pls edit?

October 3, 2009 at 11:07 am
(14) Robert Edwards says:

Look, no matter what happens Prostitution will always be there, after all it is the oldest profession. By having prostitution legal and regulated with medical check-ups (free and anonymous) we have a safer community.

October 3, 2009 at 10:56 pm
(15) Eric (4tunate1) says:

If the true reasons behind outlawing prostitution were the safety and dignity of the women (as if men never belonged to this profession or women belonged to the panderer class!) then the only thing illegal would be the pimping (coercive activities and sexual slavery, etc.) and abuse of the women. Since that is not what is advocated, I have to conclude that there are other motives.

October 3, 2009 at 10:58 pm
(16) DaveInLV says:

It is already legal in Nye county, Nevada and according to its police chief, its crime rate is much lower than its neighboring Clark county where they still make a big show of labeling it as illegal.

If a strong man uses his physical strength to make a living, we commend it. If a good-looking woman uses her physical beauty to make a living, we get all upset. Talk about hypocrisy!

October 4, 2009 at 3:22 am
(17) Andrew says:

DaveInLV,

Huge difference. But legalize it anyway.

October 4, 2009 at 1:42 pm
(18) Gwaithmir says:

I grew up in a strict Roman Catholic family and had to go to Catholic schools until I was old enough for college. The only thing I heard from the nuns and priests in the area of “sex education” during that time was how sick and sinful it was. The only “true” purpose of sex, I was told, was for making babies. I came out of the Catholic system so screwed up in the head, as far as sex was concerned, that I’m surprised that I ever dated girls at all.

Thank goodness for prostitutes! If it wasn’t for prostitutes, I’d probably still be a virgin. It should definitely be legalized.

October 4, 2009 at 11:43 pm
(19) God Isn't says:

Of course prostitution should not be illegal. No one has a right to tell another adult what they can and cannot do with their own body. There should be laws to protect children, but child prostitutes should not be punished. They should be helped.

I remember seeing a segment on Oprah about underage girls engaging in prostitution at truck stops. The camera rolled as the cops arrested the girls, but did nothing to the men. That tells me that it’s more about males controlling female behavior than anything else.

I’m not for prostitution, but I am for personal freedom. If there’s no victim, there should be no crime. Nowhere does the U.S. Constitution empower our employees to impose their “morals” on us.

October 5, 2009 at 12:40 am
(20) Zayla says:

it should be a requirment.

October 20, 2009 at 3:16 am
(21) jay says:

I’m sorry if I’m posting something that’s already been said I was too lazy to read the whole thing plus I’m using my cell phone. Prostution, believe it or not, was actually legal in early america. It became illegal because of the problems it created. Number one, increase in rapes and violent crimes. Prostitutes, even to this day, are the most common targets of serial murderers and rapists. Also, as in the case of Eileen Wuarnos (spelling?), the prostitutes themselves may become more inclined to commiviolent offenses for monetary gain. It is simply because it is hard to catch a complete stranger and that leads to problems. I learned in college (law enforcement major) that 80% people will steal if they know they won’t get caught, 10% won’t steal even if they know they will get away with it, and 10% of people WILL still steal even if they know for certain they will be caught. That’s pretty amazing if u ask me. I just don’t think that uneducated women, which most prostitutes are, can handle the responsibility of selling sex for profit. There is too much risk for a violent confrontation and its too difficult to prosecute such cases that involves complete strangers. I haven’t even mentioned the obvious problems such as drug trafficing, spread of diseases (condoms do not always work against AIDS and herpes).

November 25, 2009 at 11:47 am
(22) Bud says:

“Thus, large companies might require sexual services from employees as a matter of course and welfare agencies might require that the unemployed take sexual work where available or risk losing benefits.”
*************************

A poor argument as you correctly observe. Assuming that a particular job is “wrong” or immoral simply because anyone would not or could not perform it is indeed a logical flaw. It would certainly be “wrong” to require one to stand in a ring with Mike Tyson for an hour or so and get beat to a bloody pulp. But there are people who choose to do just that. It’s called professional boxing, and it’s not considered immoral. It certainly would be “wrong” to require someone to run into a burning building to risk their life to save another. But there are people who choose to do just that. They are called professional firemen.

The bottom line is that there are many jobs that have unique or unusual physical or emotional requirements, and only a portion of the population will either be qualified for, or have a desire to perform that job. But the fact that a job is unsuitable or undesirable for the population at large is not sufficient to deem that job “wrong”.

November 25, 2009 at 11:57 am
(23) Bud says:

“Most prostitutes throughout the world, and I point out this includes many Islamic countries, do not pursue this activity either willingly or by choice.”
************************************

But I’m sure you could say the same about any number of “undesirable” professions. Probably very few people “willingly” seek to be, or inspire to be a janitor, maid, waitress, dishwasher, etc. But the harsh reality is that tough economic times sometimes requires one to take a job they would not otherwise desire or consider. Assuming they still make the choice to do that job and it’s associated labor, is there anything morally wrong with such a decision? Does that make those undesirable jobs “wrong”, or simply undesirable?

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