Legalization of Prostitution

Prostitution, also known as The Oldest Profession, whoring, Magdalenism. It’s always been around (and likely will always be around). Although prostitution has always been looked at from above from a shameful standpoint (especially from the viewpoint of the church), there are plenty of arguments that prostitutes would be better off if the practice of exchanging one’s body for money was made legal by the United States (or anywhere else this issue is relevant). Prostitution is considered crime throughout the United States, except for a few counties in the state of Nevada, where it is allowed in licensed houses of prostitution, however it would be better off with different legislation. The practice of prostitution is not morally wrong in itself and should be made legal to protect the right to privacy prevent the link of dangerous activities that are morally wrong.

It is important to define prostitution in a broad sense, as many probably wouldn’t agree that if their spouse bought them something nice and they engaged in intercourse directly afterwards, that would be a form of prostitution. Before 1918, the only statuary definition of prostitution was in Section 2372 of the Indiana law. This defined prostitution as “any female who frequents or lives in a house of ill-fame or associates with women of bad character for chastity, either in public or at a house which men of bad character frequent or visit, or who commits adultery or fornication for hire shall be deemed a prostitute.” (Goldstein 28). Most would agree that this definition is much more old fashioned than any definition we would use today. Especially since “most social scientists define prostitution as sexual intercourse characterized by barter, promiscuity, and emotional indifference.” (27). Today, legally, prostitution would be defined as “the profession of performing sexual acts for money.” However, each state would define prostitution in their own terms. For instance, New Mexico would define prostitution as “knowingly engaging in or offering to engage in a sexual act for hire.” For this section "sexual act" could refer to “cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission.” Anyone who is found guilty of prostitution in New Mexico will receive a petty misdemeanor, unless they have multiple offences which would be a misdemeanor.

The oldest mentions of prostitution was thousands of years ago. Prostitution did not exist in all of the societies in the world, as that would have not been necessary. Prostitution only existed in societies which were not sexually liberated and sexuality was limited. Sometimes this was as a result of religious reasons (such as limiting sex to marriage) or attaching a social stigma to the act. In sexually liberated societies, prostitution would not be successful (Lerner 236).

Throughout history “it was in the towns and cities that prostitution really flourished, took on complex forms, and became institutionalized.” (Rossiaud 4). In places where prostitution has been legal, there has been regulations put in place. In 15th century Dijon, France, “the municipal brothel and the baths were closed during epidemics, just as commercial gatherings and dancing throughout the city was prohibited.” (8).

There are plenty of references of prostitution through history in multiple forms including the bible and the well-known story of Mary Magdalen. This story portrayed prostitution as a shameful line of work which is considered a sin in Christianity, as it is the engagement in sexual contact before marriage.

The greatest reason that prostitution should be legalized is that the United States is a country of which the State is separate from Church and therefore any reasoning linking prostitution to sin is no longer valid in the law. Saying that prostitution should be illegal because it is a sin, or shameful in the eyes of God would be like saying that it should be illegal to get tattoos because of Leviticus 19:28, which says, “You shall not make any cuttings in your flesh for the dead, nor tattoo any marks on you: I am the Lord.” If we make our laws like this, then blasphemy should be illegal because of Luke 12:10. The truth of the matter is that our laws are not based upon the Bible for good reason, just as they are not based upon other holy books.

The fourth amendment in the constitution give “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Under this amendment, it should be true that whatever happens in one’s bedroom and whatever sexual activity one engages in is not the concern of anyone else, especially the government even if a trade is involved (money, other goods etc.). Of course, this should be true on given that all participants are consensual and given that all participants are of the legal age of consent in that particular state. Consent cannot be given in the participants are intoxicated or otherwise impaired in a way that would suppress their judgment and ability to make an informed decision. It is also important that the engaging of sexual acts should only take place in places where it is legal to do so (private areas).

There are a number of dangers which are associated with prostitution which cannot be denied. The risk for being sexually assaulted, and the association with drug use makes it much more difficult to get out of. “The counsel for prostitution alternatives found that of 55 women in their program in 1990-91, 63% were horribly beaten by pimps an average of 58 times per year.” (Barry 202).

It is important to also not that if the participants are both willing and consenting adults, then “there are no 'victims' of the act of prostitution itself. The 'victimization' occurs when a client assaults the professional - rape, battery, etc., robs them of their fee, drugs them...” (Barry 202). There is a strong correlation between drugs and prostitution which would hinder one’s ability to make an informed decision, and therefore that should not be allowed (Goldstein 69).

In addition, prostitutes would be more likely to come forward against these crimes if they didn’t fear facing charges themselves because they had been engaging in illegal activities (prostitution).

It’s important to note that prostitution will happen regardless of its legality. As shown throughout American history, and throughout our personal lives, making things illegal does not eliminate them, only making the practice more dangerous as it is not regulated. Prohibition, for instance, which took place during the 1920s, led to the opening of illegal bars across the country. “After ratification of the Eighteenth Amendment in January 1920, saloons, taverns, bars, and many restaurants were no longer able to legally sell beer, wine, and hard liquor. Speakeasies began to open across the country, offering citizens the opportunity to purchase and consume illicit alcoholic beverages.” (Hicks).

Now, it is true and should be well know that sex can lead to STDs and unwanted pregnancy. With proper protection, this can be reduced, but not eliminated. There is always risks associated with sex that one must be willing to face if they want to be involved in a sexual exchange of any type, where that be through prostitution or just a monogamous sexual relationship. If one of the participants found out that they received an STD or found out they were pregnant, this should be handled in the same manner had the pregnancy been conceived outside of prostitution.

Another argument against prostitution is that the occupation of prostitution objectifies women, as it will portray the body of a woman as a good to be bought and sold (Barry 21). This leaves out several important points. One being, prostitution is not limited to women (though it is usually associated with women). Male prostitution exists and has always existed throughout the world. As for the using of a body for an occupation, there are other many other legal occupations already that do involve the use of a woman’s body solely for what her body can offer. An example of this is surrogacy. A woman carries a pregnancy for another person because she has the ability to do so, gets paid for it, and willingly agreed to participate in this. This is another way of saying that women (and men) cannot use their body for whatever reason they wish to use it.

Prostitution in itself, is not harmful. There are many things attached to prostitution that are harmful, but many of these things will be reduced (though not completely eliminated) if exchanging sexual acts for profit was made legal. It is no one’s business what happens inside your bedroom, nor is it anyone’s business why. This country gives you the freedom to follow any religion you choose, so one person should not be limited by another person’s religion.

Works Cited

Barry, Kathleen. The Prostitution of Sexuality: The Global Exploitation of Women. New York University Press, 1996.

Goldstein, Paul J. Prostitution and Drugs. Heath, 1980.

Hicks, Wendy L. "Speakeasies." The 1920s in America, edited by Carl Rollyson, Salem, 2012. Salem Online, https://online.salempress.com

Lerner, Gerda. “The Origin of Prostitution in Ancient Mesopotamia.” Signs, vol. 11, no. 2, 1986, pp. 236–254. JSTOR, www.jstor.org/stable/3174047.

Rossiaud, Jacques. Medieval Prostitution. Basil Blackwell Ltd, 1988. Print.