Content Prostitution in Australia: Should Prostitution Be a Crime - Essay Example

Content Prostitution in Australia: Should Prostitution be a Crime? Name Instructor Course Institution, State Due Date Prostitution should be made a Crime Criminalization is one of the most used legislative approaches to regulating prostitution in a number of countries. In light of this approach, sex work can be made a crime in various ways. One way would involve making it a crime the provision of sex service, criminalizing specific aspects of the prostitution sector, or criminalizing the sex service providers. The reasoning behind making sex work a crime, that is prohibition, lies in the assumption that it will kill the sex industry1. Alternatively, prostitution can be made a crime by criminalizing the clients and treating the sex service providers as victims of the crime. This model, commonly referred to as the Swedish model, has been embraced as the most appropriate strategy, which target men as the primary offenders with the view or reducing the number of prostitutes in Western Australia. This paper considers the theories of moral wrongness, individual autonomy and community welfare, and other significant arguments to argue that prostitution should be made a crime. The profound influence of libel thought and individualism has led to open discussion and strong support for prostitution, a subject that has been considered not only a taboo, but also against the law in Australia until 1980s2. The theories of moral wrongness, individual autonomy and community welfare are often applied to support the decriminalization of commercial sex, along with other arguments regarding the discussion of prostitution. Good examples would be the Prostitution Amendment Bill 2007, and the recent domestic debate about Western Australian prostitution law reform. The former adopted the feminist decriminalization of sex trade, while in the latter, the ideas of individual autonomy and consent were considered for the legalization of commercial sex. Both the Labour Party and the Prostitution Law Reform Working Group in Australia acknowledged that prostitution as an “industry” in which individuals have a choice to enter. The typical liberal defense of prostitution inclined on the notion of an individual woman or man’s “human fundamental right and freedom” to “sell himself or herself” for financial benefit. In the recent years, another defense of prostitution has been postulated, this time on the side of the buyer and the “right’ to sex. Men and women who engage in sex trade are increasingly being perceived as legitimate sexual consumers, and perhaps more importantly, as rational choice decision-makers practicing their individual right and freedom to not only “free expression”, but also free “health”3. The defense of prostitution has stood particularly against the criminalization of the sex trade industry and its clients. In light of this argument, commercial sex is conceptualized as an exercise of “individual autonomy, hence any attempt to make prostitution a crime is condemned as a typical form of suppression of personal autonomy and health4. That is men and women who indulge in sex trade with consenting adults are merely exercising individual autonomy. Some may even develop strong attachment to their affairs with their sex partners, thus enhancing their life enjoyment as well as personal dignity. Although, at a very basic level, the expression of one’s sexuality and sex are a fundamental aspect of the human experience, which is associated with a person’s physical and mental well being, making prostitution a crime may not necessary mean depriving individual their personal autonomy. The theoretical sustainability of sex trade as “individual autonomy or choice” rests on the assumption that an individual can consent to degrading acts without necessarily undermining his inherent human dignity. Consequently, the selling of one’s body for monetary gain inherently stands against the idea of safeguarding a person’s right and freedom to be free from inhumane treatment. In fact, making prostitution a crime will does not compromise individual autonomy in the sense that it restrict outside parties, particularly clients, from determining the manner in which some people conduct their sexual activities5. Most employees do not fully enjoy the right to privacy while at work. Yet individuals and bodies fighting for the acknowledgement of prostitution as a work alternative often push for reasonable working conditions so that sexual workers can offer their services under conditions explicitly determined by these other parties rather than the sexual workers themselves. This demand is in contrary to the argument that sex trade is a work option. Even in the event that commercial sex would be recognized as formal work, this would not enhance the ‘prostitutes’ individual autonomy, rather place them under the control of their “managers”, organizational entitles, and law enforcement bodies. As a result, commercial workers will be subject to forceful check-ups and monitoring for health related concerns such as HIV/AIDS against their will, coupled with the introduction of non-segregation policies in the provision of the sexual service on the basis of age, sex, race/ethnicity, faith, or even disability6. Sexual pursuit particularly under such a regime deprives individuals not only the right, but also the freedom and control over their sexual activities if sexual practices were strictly confined to the bedroom7. In the event prostitution is made legal, the restrictions necessary for sexual autonomy would be significantly undermined, hence losing an essential human good. In defense of this argument, Anderson suggests that sex should be treated like any other form of “commodified” human labour. According to Anderson, treating sex as a special type of “commodified” human labour would breed certain infringements on sexual autonomy. First, people will engange in sexual intercourse when particular economic incentives or gains are expected. For instance, contracts for sexual labour may be enforced in the same manner as other conventional business and social contracts8. Second, making prostitution legal and normal will make people loss control over those who, where, where, and how of their sexual lives. For example, large and aggressive business enterprises may begin promoting and offering sexual services, and as a result, they will closely monitor and eventually “standardize” the sexual service of their workers. Third, legalizing and normalization of prostitution may change peoples’ values and attitudes9. For instance, special vocational training and careers advice may emerge particularly targeting individuals who seem suited for commercial sex. Making prostitution legal would support the contractual view of sex trade, which contents that prostitution is a contract between two free people, a compensation of sex for money. Although their argument may be right, their depiction of sex trade does not necessarily capture the actual conception of it. In reality, sex trade is not a mere transaction between two free persons; rather it involves a complex of personal decisions compelling one into a demeaning and degrading lifestyle. It involves an intricate network of internal and external coercion and determinism forces, instead of freedom and choice10. This is what actual decision to sell one’s body for money involves. It is not the abstract most debaters attempt to define and defend in their debate11. From a moral perspective, prostitution is morally wrong, hence justifies the need to make it a crime. Throughout contemporary society, prostitution has been a controversial issue in light of various ethical theories. Because of the nature of the job, the majority of sex workers are female12. Sex trade raises various ethical concerns particularly over the degradation of an individual’s body by providing a sexual service that is largely available. The discussion about the moral wrong in prostitution should focus on whether the degrading of one’s body may equally be treated as rape and when the participants are “forced” into this activity. From Kant’s Deontology perspective, sex trade can be analysed in varying ways depending on one’s intention for indulging into the activity13. Kant’s framework is developed on the premise that people have a “responsibility” or “duty” to act in morally acceptable manner and have desirable intentions and this will result in ethical consequences14. In addition, this reasoning recognizes the Categorical imperative, which holds that people need to treat others as ends in themselves, as opposed to means to an end. The moral lesson in the Deontological reasoning is that people have a moral duty to distance themselves from intending to exploit others with the sole view of achieving a specific goal. People should not just treat others and themselves as mere means, but should also view others and themselves as ends too. That is, people have to be seen as individuals in themselves, which is the yardstick Kant suggest for judging the morality inherent in an action. On the contrary, prostitution involves an individual putting aside his or her emotions to offer a sexual service solely for a financial benefit. From the perspective of this paper, the sexual workers basically offer their bodies for the pleasure of their clients, who are willing to compensate. They let their bodies exploited for sexual pleasure countless time, which constitutes degrading themselves for the gain of others. From Kant’s point of view, the degrading of a social worker’s body arises from prostitution would be deemed to be immoral. According to Article 5 of the Universal Declaration of Human Rights, “no one shall be subjected to cruel, inhuman, or degrading treatment”15. Considering this declaration and the Deontology Theory, prostitution can never be seen in any way than subordination of women. The empirical reality is that the majority of sex workers are female, while men constitute the majority of their clients. In a nutshell, prostitution involves the sale of one’s degradation, considering the gruesome violence the women suffers, as a whole, which reduces them to the physical being. Moreover, sex trade, by definition, breaches the categorical imperative by letting the clients use the sex workers purely as a “means to an end16. Besides that, another ethical concern stemming from legalizing prostitution is the possibility of the sex workers, and especially women, to be forced into this job. Good examples would be underprivileged girls from impoverished economic backgrounds may decide to indulge I sex trade as a means to make a decent living. A large proportion of sex workers are uneducated and raised from an unfriendly background, which may leave them with no other option but to sell their bodies for money17. In this context, indulging in prostitution could actually be understood as a viable strategy to escape poverty. Another major theory that may justify the reason for making prostitution a crime relates to the harm that it may cause to the general community. According to the plan of the Labour Party in Australia, sexual workers will have the freedom to operate in the suburbs adjacent and around their farm-family homes in Western Australia18. Although this will definitely favor the prostitutes, it is imperative to consider the impact this will bear on the community at large. First, the presence of these prostitutes near and around the family homes will increase the risk for other women and young girls in these areas. Furthermore, this regulation will expose hundreds of children and the elderly to the violence and myriad crimes inherent in commercial sex. Another major concern of normalizing and legalizing prostitution is that it may lead to the proliferation of not only legal, but also illegal brothels19. The absence of precise and strict legislation against prostitution may see the establishment of “brothels’ in residential areas, near schools, churches, and serene social venues. Also, making prostitution a crime may be a solution to a wide range of social and community challenges associated with the business. The “problem of externalities” associated with commercial sex involves strengthening the negative stereotypes often directed to prostitutes (and of women generally), thus escalating the stigma of prostitutes20. This may further breed greater risk to the community, a failure by the government to regulate other criminal behavior that may arise from the sex industry, as well as an inability by the state to foster positive health standards for its citizens. Also, normalization of prostitution may further enhance the risk of physical and sexual violence in the community, as sex workers may become unable to safely negotiate for their services and object client abuse21. In conclusion, there may exist no consensus on whether or not prostitution should be made a crime, especially considering the perceived moral wrongness, individual autonomy, and the community welfare. However, there is no doubt that prostitution can result in the exploitation of sex workers (and especially women), harm the community welfare,. The real issue in this discussion is therefore that sex work need to be made a crime with the primary goal of addressing and avoiding the harms arising from it. References Anderson, Scott A. "Comment on ‘Is prostitution harmful?’." Journal of medical ethics 40, no. 2 (2014): 82-83. Anderson, Scott A. "Prostitution and Sexual Autonomy: Making Sense of the Prohibition of Prostitution*." Ethics 112, no. 4 (2002): 748-780. Anderson, Scott. "On Sexual Obligation and Sexual Autonomy." Hypatia 28, no. 1 (2013): 122-141. Coy, M. (Ed.). (2013). Prostitution, harm and gender inequality: theory, research and policy. Ashgate Publishing, Ltd. Crofts, Thomas and Summerfield, Tracey. Red Light on Sex Work.” (2008). Foong, Amanda. "Prostitution Debate, The." Alternative LJ 33 (2008): 205. Frances, R. (2015). Sex Work and Sex Workers in Post-Second World War Australia. Australian Studies, 9. Gauthier, Jeffrey. "Prostitution, sexual autonomy, and sex discrimination." Hypatia 26, no. 1 (2011): 166-186. Hubbard, Phil, and Jason Prior. "Out of sight, out of mind? Prostitution policy and the health, well-being and safety of home-based sex workers." Critical Social Policy 33, no. 1 (2013): 140-159. Liberto, Hallie Rose. "Normalizing Prostitution versus Normalizing the Alienability of Sexual Rights: A Response to Scott A. Anderson*." Ethics 120, no. 1 (2009): 138-145. Lindström, Elisabeth. "" When Will Women be Human?” a Critical Discourse Analysis of the portrayal of prostitution in the World Conferences on Women." (2015). Moen, Ole Martin. "Prostitution and harm: a reply to Anderson and McDougall." Journal of medical ethics 40, no. 2 (2014): 84-85. Neilson, A. J. "Criminal Behaviour? A Comparison of Prostitution Policy in Sweden and the Australian Capital Territory." Cross-sections 7 (2011). Pateman, Carole. "Whafs Wrong with Prostitution?." (1994). Prior, Jason, and Penny Crofts. "Is Your House a Brothel? Prostitution Policy, Provision of Sex Services from Home, and the Maintenance of Respectable Domesticity." Social Policy and Society 14, no. 01 (2015): 125-134. Weitzer, Ronald. "Moral crusade against prostitution." Society 43, no. 3 (2006): 33-38. Read More