Author Topic: Should Prostitution Be Legal?  (Read 1493 times)

Lord J Esq

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Should Prostitution Be Legal?
« on: September 16, 2009, 04:08:45 am »
Reading about sexual slavery in the Fuck Sexism thread got me to thinking about the subject of prostitution and the question of its legality. I don't have a strong opinion on the matter yet, mainly because there are some powerful arguments both for and against prohibition, and I've never reconciled them.

Nonetheless, it's probably a fair bet that some of you have opinions. So...what do you think?

Zephira

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Re: Should Prostitution Be Legal?
« Reply #1 on: September 16, 2009, 04:15:33 am »
Prostitution is paying for pleasurable services, just like anything else. Still, a lot of it is underage teenagers or people infected with loads of std's.
I don't have a problem with legalizing it, as long as the men/women offering their "services" do so legally and willfully. Turn it into a career, and impose health and sanitation standards, and give them some VERY good birth control.

Lord J Esq

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Re: Should Prostitution Be Legal?
« Reply #2 on: September 16, 2009, 04:19:55 am »
Oh, for the record, just so that I don't get derided for inviting a discussion but not participating in it up front: My leaning at this point in time is to ignore the issue of prostitution and focus instead on sex crimes, sex trafficking, and sexual exploitation. In other words, focus the light of the law onto the (usually) males committing these crimes rather than the (usually) females who may facilitate the activity. One of the arguments in favor of legal prostitution that I find more compelling is that focusing on prostitution itself is inherently punitive toward females. Usually, when it comes to issues of a sexual nature, the terms of argument turn on what society should do about females--usually to their detriment. I've found it very useful to keep a rule in my personal RAM which states that, whenever I detect an argument which is imbalanced like this, I'll look for ways to solve the exact same problem by focusing on the male side of the equation. That can be pretty effective, and, together with the fact that prostitution can be a major source of income for females, these two arguments are why I lean in favor of permitting legal prostitution.

It's worth noting, however, that the legal system in America is different from that in much of the rest of the world, in that America anything which is not expressly prohibited by law is legal. To my understanding, in much of the rest of the world it's the other way around: Only that which is expressly permitted by law is legal. This other way of reckoning would affect the prostitution question by forcing the issue, which, I bet you, is part of the rationale as to why prostitution is explicitly outlawed in some of the liberal European nations: Prostitution is an ugly industry, and explicitly legalizing it is different, in ethical terms, from tacitly allowing it.

IAmSerge

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Re: Should Prostitution Be Legal?
« Reply #3 on: September 16, 2009, 05:00:15 am »
In a religious sense, I do not believe it is ethical.

However, from the stance of neutrality, I believe it should be just as legal as other things, however with the appropriate standards for health and regulation...

... as well as some sort of STD prevention method, such as people with STDs are a no-go for either end of the transaction.

Uboa

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Re: Should Prostitution Be Legal?
« Reply #4 on: September 16, 2009, 05:51:10 am »
Prostitution is an ugly industry, but it also appears to be one that will thrive no matter its legal status.  Is it better that prostitution be limited to the black market, where women are paid less and put at much greater risk of being injured or killed on the job?  Definitely doesn't seem preferable that way.  But, how much would the situation improve if prostitution were legalized?  

Ideally, if prostitution were legalized, suitable protective legislation for prostitutes would follow.  There has been some progress along these lines in the state of Nevada.  For example, since 1988 condoms have been required for all forms of intercourse in brothels, the only legal venues for prostitution in Nevada.  Conversely, brothels have a ridiculous deal of control over prostitutes' freedom, and limit their ability to leave the premises, choose their own doctors, and even to refuse clients.  Also, the legal brothels have done little to prevent illegal prostitution in Nevada, including the practices of pimping and child prostitution.  They've drawn a lot of criticism from the sex workers' rights movement for those reasons among others.

I pulled a lot of that from this Wikipedia article: http://en.wikipedia.org/wiki/Prostitution_in_Nevada
Also of interest:  http://en.wikipedia.org/wiki/Sex_worker_rights

I think that, despite the glaring flaws still in the system, Nevada is still a step up from the rest of the states for at least offering some legal protection for prostitutes.  It's just unfortunate that Nevada legislators and law enforcement are so hesitant to further better working and living standards for prostitutes in the brothels which the state endorses.

Edit:  I should have brought this back around to jive with my original question:  If prostitution were legalized in other states, would it inevitably end up like Nevada, where the legislation seems to have a "this far but no further" mentality with regard to protection and rights of prostitutes?
« Last Edit: September 16, 2009, 05:57:22 am by Uboa »

KebreI

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Re: Should Prostitution Be Legal?
« Reply #5 on: September 16, 2009, 12:06:56 pm »
...Fuck yeah?

Truthordeal

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Re: Should Prostitution Be Legal?
« Reply #6 on: September 16, 2009, 01:11:37 pm »
I think its interesting that female prostitution is illegal, but male escort services are completely legal. Of course, I suppose the difference is that "escort services" don't guarantee sex, but just imply it.

But as for whether or not it should be legal, my thoughts are exactly the same as the marijuana debate: legalize it, at least on a state-level, so that power can be taken away from drug lords/pimps.

As for the moralistic view, there's no better way to discourage something or take the fun out of it than by giving it to the government to run. Alcohol consumption declined after it was re-legalized, pot consumption rose dramatically when it was made illicit.

Radical_Dreamer

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Re: Should Prostitution Be Legal?
« Reply #7 on: September 16, 2009, 02:57:54 pm »
Josh, you might be interested in how they do things in Sweden. Prostitution is legal, but there is a fairly substantial caveat:
http://www.usatoday.com/news/world/2008-03-16-sweden-prostitution_N.htm

Truthordeal

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Re: Should Prostitution Be Legal?
« Reply #8 on: September 16, 2009, 03:11:38 pm »
HAHAHAHA! Those crafty Swedes! They found a back way around. That law is somewhere between maniacal and genius.

GenesisOne

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Re: Should Prostitution Be Legal?
« Reply #9 on: September 16, 2009, 03:44:13 pm »

Here's an interesting website that covers both sides of the debate:

http://prostitution.procon.org/viewanswers.asp?questionID=1315

I especially liked the bit on the US v. Bitty case (even though it's over a century old):

"There can be no doubt as to what class was aimed at by the clause forbidding the importation of alien women for purposes of 'prostitution.' It refers to women who, for hire or without hire, offer their bodies to indiscriminate intercourse with men. The lives and example of such persons are in hostility to 'the idea of the family as consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony; the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement.'"

ZaichikArky

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Re: Should Prostitution Be Legal?
« Reply #10 on: September 16, 2009, 04:45:37 pm »
I have always felt that it should be legal, and most of the arguments for it have been said already.

Prostitution should be legalized with a system of monitoring STDs, making sure everyone is protected, and other problems associated with it. I think in the USSR they had "prostitution houses" where you go in and have sex with whoever you want. Don't they do something like that in Nevada? Legalizing prostitution would take away a lot of the problems associated with it, such as pimps and violence.

Uboa

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Re: Should Prostitution Be Legal?
« Reply #11 on: September 16, 2009, 04:59:32 pm »
Well, as in Nevada, it looks like it will have to take more than just mere legalization to prevent pimping, as many of the brothel workers are still employed through pimps.  The brothels still exploit the existing black market, and law enforcement seems to look the other way.  I gleaned from the complaints of sex workers' rights advocates that it's also possible that underage prostitution occurs in the brothels, due in part to their reliance on pimps.  Sadly, because of the nature of this issue law enforcement and legislators don't want to become too involved in regulation and monitoring, but something more has to be done. 

It is good to know that at least violence in the brothels is probably rare if not unheard of.

Shee

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Re: Should Prostitution Be Legal?
« Reply #12 on: September 16, 2009, 05:23:16 pm »
I've heard that there is little to no trouble in the brothels of Nevada.  But human trafficking will continue to exist, even if legal brothels popped up across the country, which quite frankly I don't ever see happening.  Just like stripping, far far from an ideal job but you can make tons of cash if you're in the right place.

I'm afraid that if legalized, the problems would just continue despite the presence of legal brothels.  I remember watching Sin City and thinking "If hookers were that hot, no man on this planet would have any money!!"  There is a big gap between who...say...Spitzer visited a while back and someone walking the corner.  I don't see how anyone could have a problem with the "online brothels" as many of those women are quite frankly beautiful, classier than the average prositute and more likely more protected.  But the further down you go and the seedier it gets, problems grow as well.

I think the main problems come from the human trafficking/underage prostitution/sex slave angle, none of which would be solved from legalizing.  As far as STD's go, that's really your/their own fault.

A bad thing?  Possibly.  As bad as its made out to be?  Unfortunately, at times yeah.  But not all the time.  Does legalization solve the problem?  I say no.

Thought

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Re: Should Prostitution Be Legal?
« Reply #13 on: September 16, 2009, 05:24:03 pm »
Legalizing prostitution would take away a lot of the problems associated with it, such as pimps and violence.

Best it might do is reduce the amount of those problems, but it wouldn't take it away. Example: it is legal to buy DVDs. Curiously, there is a significant black market for them regardless.

I think most people would agree that if prostitution were to be legalized, there would need to be strict government controls to ensure that public health was not in danger. This probably would take the form of enforced use of condoms, frequent medical examination of prostitutes, medical-pre-screening for clients, possibly even mandated birth control (most likely in the form of implanted devices), and general hygienic guidelines. And don't forget minimum wage! All of this would serve to increase the cost of hiring a prostitute. Thus, illegal "cheap" prostitution would still have a market, particularly in low income areas. Additionally, I would assume that only particular kinds of prostitution would be legalized; which is to say, underage prostitution would still probably be banned.

Of course, even within "controlled" realms prostitution, there would be cases of abuse, just as there current is within the food processing industries. The government would need to form a "Federal Sex Agency" (FSA) to not only establish guidelines, but also police the industry to enforce those guidelines.

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Re: Should Prostitution Be Legal?
« Reply #14 on: September 16, 2009, 05:52:46 pm »
Quote from: Thought
Additionally, I would assume that only particular kinds of prostitution would be legalized; which is to say, underage prostitution would still probably be banned.

I would hope so.

However, maybe the seduction community and all that reek of that subculture would lose steam if prostitution were to be legalized.