Proponents of legalized prostitution argue that legalization will increase the health and safety of sex workers and their clients. For example, if legalized, the profession as a whole could potentially be regulated, with requirements such as routine STI tests for workers and mandatory condom use (just like in the Nevada brothels). Moreover, by pulling the behavior out of the shadows, it may reduce the risk of sexual assault and violence against sex workers. Another common argument in favor of legalization is that it will significantly reduce taxpayer spending (arrests and prosecutions are not cheap), while allowing the possibility of taxing the sale of sex. Thus, it could represent a big influx of money to the government. Yet another argument to consider is that we do not seem to have a problem with the fact that porn stars are paid for sexual services. These folks are not routinely arrested or socially vilified for their work in the way that prostitutes are—to the contrary, there is a double standard in that porn stars are often celebrated instead. On the other hand, those who argue against legalizing prostitution frequently cite concerns that the sale of sex is morally wrong. In addition, it is sometimes argued that legalized prostitution could encourage more people to enter the profession, not to mention potentially increase rates of STIs. Where do you stand on this issue? What other arguments for or against legalized prostitution can you think of?
Speaking of sex work and the law, it is important to note that there are actually four different models for this that exist in the modern world: (1) completely illegal, (2) legal and government-regulated, (3) partial decriminalization, and (4) full decriminalization. In the illegal model, any offer, exchange, or agreement to trade sexual services for money is considered prostitution, regardless of whether a service is actually provided. In this case, the sex worker, the client, and anyone who facilitates the sale can be prosecuted for criminal activity. In contrast, in the legal and regulated model, the government determines which activities are legal and establishes parameters for selling sex, which may require formally registering as a sex worker and paying taxes on earnings; sex work that takes place outside of these parameters is illegal. Next, partial decriminalization (sometimes referred to as the “Nordic model”) means that selling sex is not a crime, but buying it is. The penalties are shifted entirely to the buyers in order to deter would-be purchasers, while also protecting workers. Finally, full decriminalization involves removing criminal penalties for sex workers and buyers alike. This is different from the legal approach mentioned above in that it does not set parameters or regulations for sex work; rather, it creates an open market. What do you see as the advantages and disadvantages of each model? Which model do you prefer and why?
Full Answer Section
- Reduced Exploitation: Legalization could help to combat human trafficking and exploitation by providing sex workers with legal protections and avenues for recourse.
- Increased Tax Revenue: Taxing legalized sex work could generate significant revenue for governments, which could be used to fund public services.
- Reduced Crime: Legalization could potentially reduce other forms of crime associated with the illegal sex trade, such as drug trafficking and organized crime.
- Empowerment for Sex Workers: Legalization could empower sex workers by giving them greater control over their work and allowing them to operate more safely and legally.
Arguments Against Legalization:
- Moral and Ethical Concerns: Many people believe that prostitution is inherently immoral and exploitative, regardless of its legal status.
- Increased Demand: Some argue that legalization would increase the demand for sex work, potentially leading to an increase in human trafficking and exploitation.
- Normalization of Exploitation: Critics argue that legalizing prostitution could normalize the exploitation of women and contribute to a culture that objectifies and devalues women.
- Impact on Children: Concerns exist that legalized prostitution could contribute to the sexual exploitation of children.
- Community Impact: Some communities may have concerns about the potential negative social impacts of legalized brothels, such as increased crime rates or a decline in property values.
My Perspective:
I believe that the legalization of prostitution is a complex issue with no easy answers. While there are potential benefits, such as increased safety and reduced exploitation, there are also significant concerns about the potential negative impacts on individuals, communities, and society as a whole.
Models of Legalization:
- Completely Illegal:
- Advantages: May deter some individuals from entering the sex trade.
- Disadvantages: Drives sex work underground, increases risks for sex workers (violence, exploitation, lack of access to healthcare), fuels organized crime, and may not effectively address the root causes of sex work.
- Legal and Government-Regulated:
- Advantages: Potential for increased safety, reduced risk of STIs, and potential for tax revenue.
- Disadvantages: May not fully address the underlying causes of sex work, such as poverty and lack of economic opportunities. Potential for exploitation and abuse within the regulated system.
- Partial Decriminalization (Nordic Model):
- Advantages: Focuses on reducing demand for sex work, which could potentially decrease the number of people entering the sex trade.
- Disadvantages: May not effectively address the needs and rights of sex workers. Potential for unintended consequences, such as driving sex work further underground.
- Full Decriminalization:
- Advantages: Removes criminal penalties for sex workers, allowing them to access legal protections and services.
- Disadvantages: May increase the visibility and acceptability of sex work, potentially leading to increased demand. Concerns about potential negative social impacts.
My Preferred Model:
Based on the potential benefits and drawbacks of each model, I believe that the Nordic Model (partial decriminalization) may be the most promising approach. By focusing on reducing demand, this model aims to address the root causes of sex work while also protecting the rights of sex workers. However, it is crucial to ensure that this model is implemented effectively and that the needs and rights of sex workers are fully considered and protected.