Should Prostitution Be Legal in United States of America - Assignment Example

Should prostitution be legal in United s of America? Introduction This paper is a research work on thecontroversial issue of whether prostitution should be legalized in the United States of America. This issue has raised a lot of concern and arguments in USA. On this paper, I disagree with this issue, exploiting the reasons why prostitution should not be legalized. Drawing illustrations from other countries, which have moved to legalize prostitution, and other researches, I put forward the reasons as to why I take my stand. For the greater good of the United States of American citizens and for the safety of the women and girls, prostitution should not be legalized in USA (Flowers, 54). This paper gives the background information on prostitution in America, discusses the opinion of those advocating for the legalization of prostitution, and it then clearly explains why prostitution should not be legalized. This paper is directed towards the citizens of the United States. Since a nationwide research is carried out in this paper, it will help citizens to see the impacts of such legalizations. The paper is also directed to students who are interested in non-profit, political, or human right issues and will help them in the formation of educated opinion on how countries should handle the undesirable societal issues. Background Information In exception of a few counties, which are in Nevada, where commercial sex has been legalized, it is illegal in the United States in all jurisdictions. There are federal laws, state laws and local laws, which regulate prostitution basing on the restricted rules of jurisdiction Raymond 315). When prostitution crosses a state or international boundary, or when a non-citizen alien is involved, then federal prostitution laws will apply. Under these laws, importing people for the purposes of commercial sex is considered as human trafficking, thus illegal, and is prohibited by the 13th amendment of the Constitution of United States and the federal code. The federal prostitution laws also include prostitution activities on federal property. Anyone with prostitution history in the criminal record is also denied a chance to be employed in the federal government (Hindle & Laura, 28). At the state levels, rural state laws tend to be stricter on prostitution than urban state laws especially on the punishment. Unlike the other laws on prostitution, the local jurisdictions including the municipalities and the counties can be able to add ordinances to the existing state laws with regard to the nature of the constitutions on the states. For example, in the state of Nevada, prostitution laws provided each county with the liberty to make a decision on the legality of prostitution within the counties’ sovereign boundaries. Currently, nine counties out of the seventeen in Nevada have legalized prostitution (Hindle & Laura, 28). When one looks at the social and political issues of the present day, he might end up feeling overwhelmed by the issues in the world, and to add on that, he might be more overwhelmed by the large amount of stances and opinions that people have concerning these issues. On those multiple issues, there seems to be several perspectives, and several purposed solutions to the issues. The main questions to the students are how to come up with the most effective solution, and how to tell the right idea from the wrong one. With this put into recognition, I would like to bring up this controversial issue, which has been disputed widely, the legalization of prostitution. The business of selling sexual services for either some benefits or money has existed in very many areas for a very long time. Different methods for handling this business have been used in different areas. In the USA, prostitution has always been illegal even since its inception, with exemptions. America, like many other countries chose to criminalize prostitution with an aim of creating a regulated and better-protected industry, and to satisfy the society. Some other countries decided to do the opposite with the aim of achieving the same objective. The decriminalization of adult prostitution between consenting parties is what is referred to the legalization of prostitution. The aim of this action of legalizing prostitution is to separate the other illegal, violent and harmful activities which occur in prostitution from the normal activity of prostitution (Dina, 6). Both the criminalization and the legalization decisions of prostitution taken by different countries aim at the same goals which include eradication of sexual slavery and human trafficking, remove coercion and sexual abuse, eradicate the prostitution of the minors, give prostitutes autonomy from brothel-owners and pimps, and to end the doorway to organized crime provided by prostitution, and other illegal activities. One argument states that the legalization of prostitution will increase the public safety and the safety of the prostitutes, while the other argument has it that this legalization will increase organized crime and the amount of violence for all the parties, which are directly or even indirectly affected by it. Both of these sides, through their different means and ideas, hope for the same outcome. It becomes hard for one to know which side is choosing the right action plan (Phoenix, 153). I choose to draw my illustrations from one country, which was the first European country to legalize prostitution (Kilvington, & Helen, 82). The Netherlands legalized prostitution in October 2000. The Ministry of Justice in Netherlands sent out a press release on why the nation had reached a decision of legalizing prostitution as paraphrased below: 1. To regulate and control the sex industry better 2. To fight, in an efficient way, involuntary prostitution, human trafficking of aliens who are illegal and underage prostitution for the sex industry. 3. Improve the prostitutes’ position about financial independence, public opinion, well-being, and health. The Netherland’s first major reason for the legalization of prostitution was to regulate and control the sex industry better. The government had a hope of regulating the number of prostitution business and prostitutes in the nation, and to create and maintain a certain health code level, and fight in a better way the illegal activities, which are tied together with prostitution. From the time Netherlands legalized prostitution, they were able to set up health code standards and some regulations for the prostitutes. They also had the number of the legal prostitutes in the country. One of the consequences, which were unforeseen, was that the new developments did not affect the large number of the prostitutes. Since that legalization, there was the increase of a huge number of prostitutes that could not be legalized. Some of the prostitutes who chose, voluntarily, to be legalized did so because of the value they had for their anonymity more rather than the benefits. Despite this, there was even a high number of prostitutes who were illegal aliens trafficked to Netherlands and therefore they could not apply to become legal prostitutes. They dropped further from the radar and away from any aid. Therefore, the legalization of prostitution in Netherlands made it harder to reach to the illegal prostitutes to provide protection or help. The ratio of the legal prostitutes to the illegal prostitutes grew to 1:1. This move of legalization by Netherlands set up a two-tier system rather than eliminating the illegal system. This has drawn thousands of prostitutes from accessing legal rights by the country and thereby being subjected to graver abuses. This is a much worse condition as before since before the legalization, they were tolerated and they had a much more contact with the health officials (Gregory, 48). This move also made the prostitutes to be more exploited by the brothel owners and the pimps who manage them. The decriminalization of prostitution means legalizing of the industry thereby legalizing the pimps as sex entrepreneurs. With these legalizations, power would be transferred from the prostitutes to the brothel-owners and the pimps and they will now be able to conduct the business openly. The illegal prostitutes now operate under the power of pimps thereby increasing the illegal prostitution in the nation. This has reduced the control over prostitution by the government (Daalder, 54). The second major reason that made Netherlands legalize prostitution was the aim to fight human trafficking, involuntary prostitution, and underage prostitution within the country. They had a view that when they create a legal outlet for prostitution and more acceptable forms of it, it would be a better way of separating the illegal and exploitative forms of prostitution from the acceptable forms. Looking at the results from this action, the amount of illegal activities in connection with prostitution has actually increased. For example, today, majority of the prostitutes in Netherlands are not citizens of Netherlands. Most of them are from the third world countries. Even though not every non-native prostitution is illegal, a good number of illegal prostitutes are in the non-native sector. Besides this, Netherlands has been noted to be one of the countries in the world with a high level of human trafficking and precisely sex trafficking of children and also women. This legalization created an opportunity for criminals to conduct organized crime with minimal harassment by the law enforcement agencies and the police ("The Audacity of Tolerance: A Critical Analysis of Legalized Prostitution in Amsterdam’s Red Light District." n.d.). The third reason that made Netherlands to legalize prostitution was to improve the prostitutes’ position, specifically financial, public opinion, and health. They had an aim of empowering the prostitutes by providing opportunities, which will make the prostitutes free and independent of the pimps for them to carry out their businesses. This legalization was done with the aim of providing opportunities for financial support and advice, better access to health care and the ease to report to the police in case of any assault or mistreatment. What this legalization could not be able to change is the quality of life for a prostitute which deteriorates when one gets into this business ("The Audacity of Tolerance: A Critical Analysis of Legalized Prostitution in Amsterdam’s Red Light District." n.d.). One thing that is important to consider when thinking about legalization of this industry is that prostitution is a highly violent trade no matter how it is regulated. There are high abuse levels, non-consensual actions that are committed against prostitutes, and other psychological and physical exploitations, which they undergo. They are subjected to a reduced quality of life and are sometimes murdered brutally thereby making them to have a short life span (Farley, 1097). Some other problems, which prostitutes undergo, include pre-mature ageing, paranoia; they develop emotional detachment, extreme nervousness, post-traumatic stress disorder, traumatic brain injury, chronic hepatitis, cervical cancer, increase in STIs including HIV/AIDS, and other issues, which tortured women face. In a survey carried out in Netherlands, for example, recorded that 60% of the prostitutes in the country had suffered physical attack (Farley, 1104). To add on that, 70% of the prostitutes had been threatened of physical attack, 40% had undergone sexual violence and 40% had been sexually abused and forced into prostitution. This means that the legalization of this industry is an act of legalizing torture, which is equal to legalizing crime (Farley, 1095). Is it right when we use other words to say that torture is now legal and anyone who is able to survive it can now access the hospital? Is it right to legalize violence against women thereby saying that it is okay since some of them can access health care to treat the wounds they obtain from the torture? The United States government should find a better way of protecting its citizens and improving the society besides legalizing prostitution. If truly the government wants to regulate and control the sex industry, to reduce human trafficking, involuntary and underage prostitution, to improve the prostitutes’ position physically, publicly and fiscally, then stricter enforcement methods should be used (Daalder, 54). By prohibiting this business, it will be easier also to find the people who would want to use it as a gate for crime. The government should find ways of discouraging prostitutes and the business for the protection of those involved, rather than legalizing it. Most of the people who join this industry do not join by their own will, and therefore, the help they can be offered is to make them move out of the industry rather than making the industry legal (Gregory, 10). Conclusion Back to the main controversial issue on whether prostitution should be legalized or not, as discussed in this paper and according to what clearly comes out, legalization of this sector does not make it any safer or responsible. Although there are some powerful thoughts behind this idea, and some powerful rationale, there has not been any substantial evidence to support the idea, rather, numerous pieces of evidence could be found, that are in support of the opposite. This paper discussed the main reasons as to why prostitution should not be legalized in the United States of America. First, this legalization would be a gift to pimps and traffickers in the industry. This is because in the legalization of this industry, they would also be legalized. The second reason was that this move promotes sex trafficking. The traffickers would use prostitution as a highway for their criminal activities. The third reason is that this legalization expands the industry rather than controlling it. More people are encouraged to get into the industry, and a few of them will be legalized. To add on that, illegal prostitution will also increase. This is also seen in the illustration from the Netherlands that has been provided, where the ratio of legal prostitutes to illegal prostitutes was 1:1. Child prostitution is also increased by legalizing this industry. To add on this, the legalization of prostitution does not offer protection for the women in the industry. There is continual mistreatment, assault and other risks, which they face in the industry. This legalization also increases the demand for prostitution. Men and women are both motivated by this move. In this increase, women health is not promoted. Women continue suffering from STIs and other infections. The alien sex workers are completely denied the privileges of the nation’s health program since they cannot be legalized (Raymond 318). Illustrations have been drawn from Netherlands, which was the first European country to legalize prostitution. The advances and the failures of this action have been exploited and used as reference for this research paper. The United States government should therefore explore better ways of controlling this industry rather than making it legal and thereby free for crime. Ways should be found to help and protect the women in this industry from the violence that they face and eventually lead them out of the industry. Making this industry illegal will help in singling out those involved in other criminal activities through this industry. This will help to achieve the major aim of controlling this industry and dealing with other related crime like human trafficking and mistreatment (Dina, 8). Works Cited Daalder, A.L. Prostitution in the Netherlands since the lifting of the brothel ban. Den Haag: Boom Juridische uitgevers; 2007. Print. Dina, Siegel. "Human Trafficking And Legalized Prostitution In The Netherlands." Temida 12.1 (2009): 5-16. Print. Farley, M. ""Bad For The Body, Bad For The Heart": Prostitution Harms Women Even If Legalized Or Decriminalized." Violence Against Women 10.10 (2004): 1087-1125. Print. Flowers, R. Barri. The prostitution of women and girls. Jefferson, N.C.: McFarland & Co., 2005. Print. Gregory, Katherine. The everyday lives of sex workers in the Netherlands. New York: Routledge, 2005. Print. Hindle, Karen, and Laura Barnett. Prostitution a review of legislation in selected countries. Rev. 18 Feb. 2005. ed. Ottawa: Library of Parliament, Parliamentary Information, and Research Service, 2005. Print. Kilvington, Judith, Sophie Day, and Helen Ward. "Prostitution Policy in Europe: A Time of Change?" Feminist Review 67.1 (2001): 78-93. Print. Phoenix, Joanna. Making sense of prostitution. New York: St. Martins Press, 1999. Print. Raymond, Janice G.. "Ten Reasons For Legalizing Prostitution And A Legal Response To The Demand For Prostitution." Journal of Trauma Practice 2. 3-4 (2004): 315-332. Print. "The Audacity of Tolerance: A Critical Analysis of Legalized Prostitution in Amsterdam’s Red Light District." Humanity in Action. N.p., n.d. Web. 23 Sept. 2006. . Appendices Appendix 1: Daalder, A.L. Prostitution in the Netherlands since the lifting of the brothel ban. Den Haag: Boom Juridische uitgevers; 2007. Print. Appendix 2: Dina, Siegel. "Human Trafficking And Legalized Prostitution In The Netherlands." Temida 12.1 (2009): 5-16. Print. Appendix 3: Farley, M. ""Bad For The Body, Bad For The Heart": Prostitution Harms Women Even If Legalized Or Decriminalized." Violence Against Women 10.10 (2004): 1087-1125. Print. Appendix 4: Flowers, R. Barri. The prostitution of women and girls. Jefferson, N.C.: McFarland & Co., 2005. Print. Appendix 5: Hindle, Karen, and Laura Barnett. Prostitution a review of legislation in selected countries. Rev. 18 Feb. 2005. ed. Ottawa: Library of Parliament, Parliamentary Information, and Research Service, 2005. Print Appendix 6: Kilvington, Judith, Sophie Day, and Helen Ward. "Prostitution Policy in Europe: A Time of Change?" Feminist Review 67.1 (2001): 78-93. Print. Appendix 7: Phoenix, Joanna. Making sense of prostitution. New York: St. Martins Press, 1999. Print. Appendix 8: Raymond, Janice G.. "Ten Reasons For Legalizing Prostitution And A Legal Response To The Demand For Prostitution." Journal of Trauma Practice 2. 3-4 (2004): 315-332. Print. Appendix 9: "The Audacity of Tolerance: A Critical Analysis of Legalized Prostitution in Amsterdam’s Red Light District." Humanity in Action. N.p., n.d. 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