Originally posted by: return_to_hades
First a few facts, both sides will agree upon
- Prostitution is the oldest profession and has been around for a very long time.
- Most countries consider prostitution a criminal offense
- Despite being illegal human trafficking and prostitution has actually increased over time
- Sexually transmitted disease is a growing global problem. Illicit sexual activities like prostitution is one of the few major contributing factors.
- Does seem like "it won't go away"
A few controversial facts in addition
- STD cases and deaths are lower in sexually liberal rather than sexually conservative countries: http://www.avert.org/std-statistics.htm
- It is a moral assumption that no reasonable minded person would want to sell their body for sex or that someone who does so can lead a normal life.
- It is also a moral assumption that selling sex is wrong.
- Prostitution was not always a disrespected profession. Historically there has been religious prostitution, where the prostitute was divinely revered. There have also been many high end prostitutes who were well educated, trained in arts and well respected in society.
- Because prostitution is illegal, many people feel the liberty to rape/abuse and mistreat prostitutes taking comfort in the fact that they won't go to the authorities out of fear.
Based on that questions
- Has criminalization been successful? Has prostitution been reduced? Have the number of people forced into this profession been reduced? Has the abuse and mistreatment of sex workers been reduced? Has controlling of STD through sex workers been successful? How and why is criminalization successful for now and the best option in the long run?
That is not the question here. The topic starter is clearly asking for legalization of the institution. Will legalization somehow change your answers to these questions? I don't think so. If criminalization has not reduced the amount of prostitution then it certainly hasn't increased it either. Criminalization still prevents prostitution from raging to an in-demand profession. Because this institution has to be kept alive in secrecy, it is still on a much lower scale than it would be if it was a legalized institution. That is why its the best option. Now unless you're making the claim here that by legalizing the institution the government can charge tax on these "services" and use them to fight AIDS in Africa ... I don't buy the whole idea that legalizing the institution will somehow make things any better.
- What degree of crime is prostitution and how should it be prosecuted? Who is the criminal - the customer, the pimp, the prostitute? Who is the victim of this crime - the customer, the pimp, the prostitute? Would the same person be the criminal/victim in all situations, or will there be exceptions? How should these exceptions be handled? How actively should law enforcement seek to find and prosecute these crimes? How much investment of time money and effort should go into the enforcement of criminal laws against prostitition?
I hold both those who provide these service and those who seek these services equally responsible. Won't go into much detail here, but obviously if the institution is still ongoing at large than law enforcement needs to kick it up a notch and allocate more resources in enforcing laws associated with prostitution.
- What of the customer, the pimp, the prostitute after the crime has been reported, prosecuted and punished? How do we ensure that they never indulge in this criminal activity? Is the customer's personal life better now? Are their families better knowing what happened and what went down? Have we rehabilitated them from seeking such services again? Have we rehabiliated the pimp that they will never run such a business again? Will society now embrace and accept the prostitute or the pimp as contributing member of society and give them jobs and include them in the community so that they never return to the activities?
Its a crime - so punishment is a given and to all parties involved. Some kind of social service needs to be done for prostitutes to help them realize that there are other professions that they can work in and that there is a life outside this institution. I refuse to believe that sex is the only thing any individual can offer. These people need to be shown this as well.
Society wouldn't embrace them either way. But does that mean a thief should continue stealing just because society won't accept him even after he's served his sentence? Are people with past criminal records never allowed to set foot in society again? I don't think so. We have sex offenders amongst us who are living just as normal lives as the next person. And if their community doesn't accept them, that does not somehow giving them permission to continue doing what they are doing. So this is again a pointless case you're making here.
- How would we define prostitution? What sexual acts would be considered prostitution and what would not? Would there be varying degrees of crime, charged in varying degrees? What would be the logistics of that system?
Haven't studied law enough to be able to lay out a plan like that. I'm sure something or another already exists though.
- Would every trade of sexual favors between consenting adults be considered prostitution?
If some form of fee was involved, then yes. If its just two adults consenting to a one-night-stand, then no.
- Is our social and financial system set up in such a way that prostitution never seems a viable financial or moral option? If someone feels that they are not earning enough to pay bills, or their jobs morally and physically are too trying and they would actually prefer performing sexual favors for money - how and why should society feel the authority to intervene and make a judgment call? What is the justification that we apply our moral perceptions of sex on people who would willingly trade sex?
Because society exists for a reason. At some point, there has to be some form of a common moral/ethical ground that members of society share. At that common moral ground things like what is considered moral and what is immoral are decided. Prostitution definitely falls on immoral grounds there and society has every right to intervene and make a judgment call. You cannot say "to each his own" on every single issue and call it a day. The world would be chaotic that way. At some point, there has to be some sort of common moral principles that society has to set either by the views of the majority or some other way that society will expect its members to abide by.
If you cannot afford your monthly bills, there are many things that you can do ... start with cutting your expenses, or trying to get a job that pays more or a second job, seek government help, etc. Is prostitution the only viable option these people have? Absolutely not.
- Does a prostitute have the same human rights and others, or do they deserve to be raped/abused/mistreated on account of their choice of profession? Should they have the right to seek legal protection under these circumstances? Would these change if it was 1) a person forced into prostitution 2) a person financially burdened into prostitution 3) a person who chose this profession for money? How would these apply in criminal proceedings?
Nobody deserves to be treated that way. That is my whole argument here. Legalizing this institution will push all three categories of people you name here further into this heinous institution. Why not actually do something about it and help these people escape? Show them that they can actually lead normal lives without having to perform these services.
- Why is criminalization a better alternative than decriminalization? Why is it better to invest in criminalizing an activity, rather than divert these resources into education, medical/income security and rehabilitation of sex workers so that those who had no choice can get have a shot at a career in the future? Why is it better to invest in criminalizing and degrading a person rather than investing in changing social attitudes so that sex workers who had no choice can actually be embraced into society in the future?
I believe I've already answered these questions. If not, let me know and I will address them again. Just to add some last thoughts though, decriminalizing will not change anything like you're arguing here. If anything, it'll make things worse. The above mentioned things can all be done even with the criminalization of the institution. Even if laws somehow alter and legalize prostitution, it does not mean that somehow society's notions of prostitution will also transform. For example, legalizing abortion will not somehow change pro-life individual's stances on abortion. Same way with prostitution, decriminalizing the institution will not mean that society will suddenly accept these people with open arms.
Anupamaa
