Legalized prostitution

Perhaps for as long as prostitution has been prohibited in most countries around the world, the arguments for and against decriminalizing or legalizing the world´s oldest profession has been waged.

Most agree, that prostitution will continue to exist in one capacity or another whether it is illegal or not.

Proponents and opponents of legal prostitution disagree on whether this would be in the in the best interests of the females, who sell sexual favours, as well as in the best interest of society itself.

All over the world, the debate has picked up steam in recent years as prostitution activists and organizations fight for rights and sexual privacy, while anti anti-prostitution forces are quick to point out the many negative factors associated with the sex trade industry. With the complexities on both sides, the issue will continue to be fought over, with no clear-cut winner, well into the decades to come.

Defining decriminalization and legalization of prostitution

Although decriminalization and legalization of prostitution often are linked together as though they have the same meaning, the two terms have different meanings and implications with respect to prostitution.

In its purest sense, decriminalization means to remove the criminalization of an act, which in this instance is prostitution. Please note whether decriminalization of prostitution would mean the repeal of all prostitution-related statutes or just certain ones in certain communities, cities or countries in total.

Currently anti-prostitution laws can differ much from one country to another.

Legalization means that prostitution would likely be subject to government regulations and statutory laws – mandating everything from labour and safety practices and principles of taxationand licensing to mandatory testing for HIV/AIDS and sexually transmitted diseases. Prostitution would essentially become a business in the eyes of the government, much like the acting profession, the medical profession, or any other lawful enterprise that government regulates in some form or manner.

Like decriminalization, legalization of prostitution would not be an exact science – at least not immediately. For instance, would every prostitute be required to work out of a legally regulated brothel? Or could any prostitute work independently if she chose to? Would some aspects of the profession be subject to regulations while some others remain illegal?

Again, legalized child prostitution (although many female prostitutes begin at the age of 12) would likely never become a reality because of morality issues and the sexploitation of minors. But this issue would still have to be dealt with if other forms of prostitution were decriminalized or legalized, potentially increasing the demand for illegal child prostitutes.

If adult prostitution is ever removed in part or total from the criminal statutes or is decriminalized, it will certainly as a consequence be at least partially regulated by the government – hence legalized.

Most prostitutes see decriminalizing of prostitution a matter of choice, similar to the issues of abortion. Others say; “Sex work certainly isn´t for everyone, but you have to give people the choice when it comes to their own bodies.

Sex work can be dignified, honest and honourable”.

Although prostitute’s rights groups favour decriminalization/legalization of prostitution, many are less supportive of legalization of prostitution, since legalization is understood to mean decriminalization accompanied by strict municipal regulation of prostitution.

Arguments in favour of decriminalization/legalization of prostitution.

There are arguments in favour of the decriminalization/legalization of prostitution. Some people in favour of prostitution says:

The decriminalization/legalization:

- Would reduce violent crimes against women and children

- Would lower the rate of street crimes, including drug abuse and drug dealing

- Would result in a lower incidence of sexually transmitted diseases

- Would lover the rate of abortion and illegitimate children

- Would lead to a decline in pornography

- Would confine prostitution to brothels or particular areas (e.g. certain “red light districts”)

- Would lower the incidence of divorce and extramarital affairs.

Others think the opposite of the above. (Further readings please see other link “prostitution not legalized” on this site).

Samples from two major countries in Europe, the Netherlands and Germany.

The Netherlands, particularly Amsterdam, is believed by some to be the model for legalized prostitution. In fact, the business of prostitution is not legal in Holland per se but is condoned in “toleration zones” in confined areas throughout the country. It is illegal to sell sex outside such zones or to pander prostitutes.

An estimated 20 - 25,000 full-time prostitutes ply their trade in Holland. Experts believe this number would be at least doubled if part-time prostitutes were included. According to an article on prostitution in the Netherlands, Amsterdam’s red-light district, “with its overt and provocative window prostitution is one of the major tourist attractions of the Dutch capital”. The business of women’s prostitution is seen as an “integrated and accepted” part of Amsterdam and other cities in Holland.

Less accepted but still a significant part of Holland’s prostitution is the streetwalking prostitute, along with the “kerb-crawling cars” and the frequent drug use and dealing associated with the street profession. Sex clubs or brothels – inexpensive and the super expensive – can also be found in the cities or in the country side.

Social controls over prostitution in the Netherlands are seen being weakened by the surge in prostitution since the 1970s, which involved drug addicts who turned to the profession to support their drug habits. Further eroding such controls is the influx of foreign female prostitutes – many trafficked in by international criminals or immigrating on their own from Third world countries for a chance at a better life. Language and cultural barriers, along with illegal status, often force many of these foreign women into sexual slavery, indentured servitude and cheap prostitution.

The sex industry is expanding.

Contrary to claims that legalization and decriminalization would control the expansion of the sex industry, prostitution now accounts for 5% (2006) of the Netherlands economy. Over the last decade, as pimping was legalized, and brothels decriminalized in the year of 2000, the sex industry increased by 25% in the Netherlands.

At any hour of the day, women at all ages and races, dressed in hardly anything, are put on display in the notorious windows of Dutch brothels and sex clubs and offered for sale. Most of them are women from other countries, who were probably trafficked into the Netherlands…

In Germany, it is not unlawful to be a prostitute but it is illegal to live of a prostitute’s earnings as a pimp or a brothel owner. Legal prostitutes are required to have regular examinations for sexually transmitted diseases, including for HIV/AIDS infection.

Those given health clearance are allowed to work in “tolerated districts” for prostitution work. Communities that have less than 50,000 inhabitants are not required to accept legal prostitution; hence in some cities, prostitution may be officially prohibited.

One fourth of all prostitutes immigrated from the former soviet bloc, often becoming sexual prisoners of white slavery. Many prostitutes working in Germany brothels are subjected to intimidation and violence by pimps and flesh-traders. A few years ago in Bautzen, Germany, for example, prostituted women 2were beaten with bats and administered electric shocks.

Drug abuse and alcohol abuse are high among German prostitutes. A study of Frankfurt prostitutes concluded that more that 56 % of the women had been regular drinkers and irregular drug users by the age of 14. The study found that the average age for entry into prostitution was 20. Two thirds of the prostitutes stated that selling sexual favours was done primarily to support drug habits.

There are no easy solution how to eliminate prostitution by legislation in Europe and how to help the women and girls victimized by prostitution and sex trafficking.

Please see the other link on this site “Prostitution not legalized” for counter arguments.

To read more about decriminalizing and legalizing prostitution, please read the book: The prostitution of women and girls, R. Barri Flowers, McFarland & company, inc. 2005 and the book: Prostitution and Sex trafficking, opposing viewpoints, Opposing viewpoint series, Greenhaven Press, 2006.

The above text are rewritten and/or inspired from these two good books.