Jutawan Sutthirat. Should prostitution be legal?

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1 Should prostitution be legal? Jutawan Sutthirat Prostitution has existed in many societies for a long time. In the past, prostitutes were taken by merchants as companions and considered as temporary wives on journeys. There is some evidence that the American Indian men were accompanied by women when they went on a long hunting trip (Bullough, 1964). The women who were regarded as prostitutes gained a share advantages from an expedition; however, these prostitutes were free after finishing the trips (Briffault, 1952). Nevertheless, the world after globalization has changed significantly. Currently, sex is one of goods that people can sell and buy commonly. It cannot be denied that sexual leisure is one of the most profitable businesses in many countries; however, prostitution is a controversial issue and it has often been claimed that this occupation can be a symbol of immorality and violence of gender. Besides, it has often been suggested that this occupation is likely to be an unethical business (Lehti and Kauko, 2006). Many feminists give their opinions that female prostitution seems to be slavery which can demonstrate an inequality of our society. In addition, some might assert that most of prostitutes have to do this occupation involuntarily and they appear to be victims who do not have any choices (West, 2000). Although it is undeniable that some negative effects in societies seem to be caused by prostitution, this essay aims to demonstrate that legalized prostitution provides benefits to societies by addressing social problems such as human trafficking, sexually transmitted diseases as well as sustaining human right. The following paragraphs will critically discuss the moral issues and then three advantages of legalized prostitution will be analyzed in order. To begin with, a principal argument against prostitution is that this occupation has been claimed to be immoral. This view has been put forward by Dalrymple (2005). In this view, it can be argued that the accusation against a sex worker is immoral and undesirable job. Although some editors have changed terminology from prostitutes to be sex workers or the employees of sex business, it seems not to erase their stigma that they sell sexual services for their income which is a shame. Furthermore, Duangsisen (2003) asserts that in some countries such as Thailand, there is a traditional attitude against prostitution that this is an exploitation of women so people who involve with sex business are likely to be gained negative response. Consequently, it seems rather difficult to change a view toward prostitution and feel more respectable to this job.

2 Yet although it is true that sex seems not to be appropriate goods for sell and people may consider commercial sex to be immoral, it will not probably imply that prostitution cannot be legal. As Hemsley (2008) convincingly illustrates, the main duties of governments are to protect their citizen and also regulate their country to be peaceful. As a result, prostitution is one of victimless crimes which governments would consider as a legal occupation in order to control sex industry manageably. Likewise, it has been observed that there is a tendency for women to choose prostitute as their job voluntarily (Sanders, 2005). In addition, it is undeniable that this job has been prevalent and continual in human societies. Therefore, it seems to be better to change attitudes against prostitution from immorality to a legal job and improve this profession to be more acceptable and it appears to be the important duty of governments to protect sex workers from exploitation. Countries where prostitution is illegal such as Thailand should concern and pay attention to the livelihood of sex workers, in particular the spread of HIV and the increase of human trafficking. Indeed, far from immoral, perhaps the most frequent objection that has been raised to legalized prostitution is that human trafficking is encouraged by legalization because it makes traffickers bring more women and children into sexual services (O Connor and Healy, 2006). Moreover, it could be claimed that the legalization is not the best resolution for helping stop human trafficking. For instance, in the Netherlands, where prostitution is legal, there are a high percentage of women who are forced to do sex service and may be charged with physical assault (Batsyukova, 2007). However, there is strong evidence to show that legalized prostitution can decrease human trafficking problem. Weltzer (2010), for example, demonstrates that in Victoria, Australia, after legalizing prostitution, human trafficking has not been a serious problem since prostitutes and sexual industry have been controlled by the government. Furthermore, prostitution has been legalized in New Zealand and it is clear that human trafficking for sex industry is more likely to disappear due to the fact that there are legal regulations which are used to control sex industry (Kavemann and Rabe, 2007). Besides, sex workers are protected by police and sex business is also regulated by officers who have a right to examine premises where prostitutes work (ibid.). Alvarez and Alessi (2012) also explain that the purposes of human trafficking include not only sexual exploitation, but also forced labour, slavery and removal of organs so the data of the number of trafficking victims should be considered carefully. In other words, the argument that human trafficking has been caused by legalized prostitution does not appear to bear up to scrutiny. However, while the benefits of legalized prostitution for human trafficking problem are strong, a common argument against legalized prostitution is that prostitutes expose sexually transmitted diseases 1

3 to clients. According to Farley et al. (2004), there is a tendency for prostitutes to have medical problems such as Human Immunodeficiency Virus (HIV), diabetes, cancer and malaria and some of illnesses are contagious diseases. In their view, sex workers seem to infect their clients with sexually transmitted diseases. This situation is a serious social problem that government should be concerned. Yet, although it is true that sex workers tend to have ailment and their customer seems to obtain sexually transmitted diseases from prostitutes, it is equally the case that legalized prostitution would be a method to solve this serious situation effectively. As Loff et al. (2000) convincingly illustrate, there is a high possibility for illegal prostitutes to infect ailments due to their work condition (approximately 80 times than legal prostitutes). Moreover, the evidence shows that legalization appears to be a prevention of a widespread of sexual infection since there are legal regulations which can help support prostitutes to be healthier; for instance, sex workers are encouraged to use condoms and apply for health screening service. Alexander (1998) also demonstrates that the U.S. state of Nevada has admitted a sex worker as one occupation. After legalizing prostitution, prostitutes have to enroll with authority. Besides, sex workers must consent to be examined by doctors every week in order to test for sexual transmitted diseases. In addition, they will have blood test monthly to test for HIV. If any sex workers are diagnosed that they are more likely to infect people with sexually transmitted diseases, they will be isolated which means they cannot work normally for a while. To conclude, it therefore seems reasonable to suggest that sexually transmitted diseases can be controlled by legalizing prostitution. As well as helping control sexual diseases, many argue that one of the essential advantages of legalized prostitution is that it helps support human right. Daadlder (2004), for example, observes that in the Netherlands, after legalization, sex workers in legal brothels stated that they feel more secure than before since they are protected by authority. Moreover, it is clear that in countries where prostitution is legal such as Queensland, Australia, brothels need to apply for a license so it is necessary to create safe, healthy and secure workplaces for sex workers. In addition, licensed brothels must provide safety precautions, for example an alarm system, to protected sex workers from abuse or sexual violence (Sullivan, 2008; Woodward et al., 2004). Nonetheless, it could be countered that legalized prostitution makes people feel that sexual violence is a normal situation and it seems like an approval of the government to abuse women. This view has been put forward by Sullivan (2005). Furthermore, some might argue that prostitution is likely to be a model of sexual inequality since their fundamental right tends to be denied. For example, they will probably be given a new name and their personal information is also erased. Besides, they are more likely to be a product or goods for the brothels and nonentity for society because they do not have many choices for their life (Leidholdt, 1994). But while there is a 2

4 tendency for prostitutes that their human rights tend to be ruined, there is strong evidence to suggest that after legalization, legal prostitutes are protected by the labour law which enforces their employers to pay sex workers minimum wage and cannot force them to work involuntarily (Boustan, 2001). In particular, if they feel dissatisfied with their job, they have a right to deny and choose new jobs since their right to life and right to freedom from degrading treatment are protected by law. Brants (1998) makes a valid point that the legal regulations also support their self-determination and physical integrity. On the other hand, if prostitution is illegal, they would not derive benefits from the law and will not probably have freedom of choices. Legalized prostitution appears to be a method to support the human right of sex workers. In conclusion, this essay has attempted to illustrate that legalized prostitution provides many advantages rather than drawbacks to countries. As demonstrated, research has discovered that legalization can help address social problems by reducing human trafficking and sexually transmitted diseases as well as supporting human right. Therefore, there is a strong case that every country should be open-minded to consider prostitutes as a legal occupation not a model of immorality. However, if some countries cannot accept the legalization of prostitution, governments should at least give attention to the social cost of sex workers as people who do other careers in order to improve the wellbeing of the country as a whole. 3

5 This article is part of the writing assignment of the Pre-sessional course of King s College London. References Alexander, P. (1998). Sex Work and health a Question of safety in the workplace. JAMWA, 53, Alvarez, M. B. &Alessi, E. J. (2012). Human Trafficking is More Than Sex Trafficking and Prostitution: Implication for Social Work. Affilia: Journal of Women and Social Work, 27, Batsyukova, S. (2007). Prostitution and Human Trafficking for Sexual Exploitation. Gend Issue, 24, Boustan, L. P. (2001). Regulating the Global Brothel. The American prospect, Special Supplement, summer 2001, Brants, C. (1998). The Fine Art of Regulated Tolerance: Prostitution in Amsterdam. Journal of Law and Society, 25, Briffault, R. (1952). The Mother. London: George Allen &Unwin. Bullough, V. L. (1964). The History of Prostitution. New York: University Books. Daalder, A.L. (2004). Lifting the ban on brothels: Prostitution in The Hague: Ministry of Justice. Dalrymple, T. (2005). Welfare to Work s New Thrust. City Journal. Retrieved September 1, 2013, from Duangsisen, S. (2003). Consumerism, Prostitution and Buddhist Ethics. The Chulalongkorn Journal of Buddhist Studies, 2,

6 Farley, M., Cotton, A., Lynne, J., Zumbeck, S., Spiwak, F., Reyes, M.E., Alvarez, D. &Sezgin, U. (2004). Prostitution and Trafficking in Nine Countries: An update on Violence and Posttraumatic Stress Disorder. Journal of Trauma Practice, 2, 3-4, Hemsley. G. P. (2008). Government Authority: John Stuart Mill and the Harm Principle. Retrieved September 1, 2013, from e Kavemann, B. &Rabe, H. (2007). The Act regulating the legal Situation of Prostitutes - implementations, impact, current developments: Findings of a study on the impact of the German Prostitution Act. Retrieved September 1, 2013, from Lehti, M. &Kauko, A. (2006). Trafficking for sexual Exploitation. Crime and Justice, 34, Leidholdt, D. (1994). Prostitution: A violation of Women s Human Rights. CARDO WOMEN S LAW JOURNAL, 1:133, Loff, B., Gaze, B. & Fairley, C. (2000). Prostitution, Public Health, and Human Right law. The Lancet Article, 356, O Connor, M. & Healy, G. (2006). The link between Prostitution and Sex Trafficking: A Briefing book. Retrieved August 18, 2013, from and_sex_trafficking_handbook1.pdf Sanders, T. (2005). Blinded by morality? Prostitution policy in the UK. Capital & Class, 29, 9. Sullivan, B. (2008). Working in the sex industry in Australia the reorganization of sex work in Queensland in the wake of Law reform. Labour and Industry, 18, Sullivan, M. (2005). What happens when prostitution becomes work? An update on legalization of prostitution in Australia. North Fitzroy: Coalition against Trafficking in Women, 23. 5

7 Weltzer, R. (2010). The Mythology of Prostitution: Advocacy Research and Public Policy. Sex Res Soc Policy, 7, West, J. (2000). Prostitution: Collectives and the Politics of Regulation. Gender, work And Organization,7, Woodward, C., Fischer, J., Najman, J., & Dunne, M. (2004). Selling sex in Queensland. Brisbane: Prostitution Licensing Authority, Ministry of Justice. 6