Prostitution is a highly controversial topic when considering if it should be criminalized or not. Prostitutes have been present all throughout mankind, and in America, it’s currently illegal to solicit yourself for sex. Rebecca Hayes-Smith and Zahra Shekarkhar published a study back in the year 2010 that analyzed current assumptions about prostitutes and it’s place in American society. According to Hayes-Smith & Shekarkhar (2010), the first assumption is “That the criminalization of prostitution will deter the soliciting of such services”(p. 44).
To summarize, it’s assuming that since prostitution is illegal, there will be less people willing to solicit themselves for sex. The second assumption deals with the spread of disease. “Prostitution is a threat to public health because it spreads diseases, specifically sexually transmitted diseases”(Hayes-Smith & Shekarkhar, 2010, p. 44). The third assumption addresses the vulnerability of the prostitutes when they sell their services. According to Hayes-Smith & Shekarkhar (2010), “Prostitutes are in a vulnerable position and therefore have a higher risk of being violently victimized”(p. 44).
Lastly, the fourth assumption states, “That prostitution creates social disorder in the community”(Hayes-Smith & Shekarkhar, 2010, p. 44). These assumptions have many applications to the current laws surrounding prostitution, and it can be argued that the decriminalization of prostitution is a viable solution to many of the problems involving prostitution. Just because laws are in place, it doesn’t mean they will be effective. Although the general assumption is to believe that prostitution will be less of a problem due it’s illegality, it can be argued that this is in fact not true for current prostitution laws.
Hayes-Smith & Shekarkhar (2010) stated, “The current construction still places blame on the prostitute, usually a woman, who does not have the power to escape the law”(p. 49). So even though it’s illegal for both counterparts, the males typically get away. What good is a law when only half of it is addressed? Most of the time, it’s the male counterpart that’s one abusing the women and promoting street-level prostitution.
Additionally, lawmakers tend to believe that their laws are advantageous, however, that’s not always true-especially with prostitution. In the creation of law, society’s interest is the main focus; however, when enforcing law the focus is on an individual’s behavior, and not on society’s influence on that person”(Hayes-Smith & Shekarkhar, 2010, p. 49). Our society fails to understand the bigger picture, which is why prostitution is criminalized. If only the majority of the people knew the living situations and problems these prostitutes deal with on a daily basis.
Dalla (2002) stated, “Because of their restricted access to financial and material resources, some women may resort to prostitution as a resistance or response to poverty” (p. 4) Women are going into prostitution, regardless of the laws surrounding it. In America, the last thing that these prostitutes care about is the law. Since prostitution is illegal, it leads to an industry that is severely unregulated. There aren’t any standards that these prostitutes have to follow, and this contributes to the spread of sexually transmitted diseases and infections.
According to Dalla (2002), “Although one woman noted always using protection and stated, ‘I’ve been with 178 different men and I’ve never had one disease. Others reported using condoms with strangers only, never with Regulars or their pimps or partners; the fact that those men likely slept with other women, many of whom were prostitutes as well, did not seem to be a concern”(p. 68). There are no standards that these prostitutes have to follow because it’s illegal. Decriminalizing prostitution and allowing brothels and other similar organizations to exist would ensure that precautions are taken and sexually transmitted diseases and infections are kept to a minimum within the industry.
According to Hayes-Smith & Shekarkhar (2010), “The empowerment, organization, and unionization of sex workers can be an effective HIV prevention strategy and can reduce the other harms associated with sex work, including violence, police harassment, unwanted pregnancy, and the number of underage sex workers”(p. 48). Unfortunately, until a governing authority or agency other than the law regulates prostitution, the spread of diseases will continue.
The current laws are only promoting the spread of diseases rather than keeping them under control by keeping prostitutes under the radar. Legalized brothels provide the safest and most hygienic outlet for the exchange of sexual favors for money, because it brings a level of public scrutiny, official regulation and bureaucratization to brothels”(Hayes-Smith & Shekarkhar, 2010, p. 48). Diseases will only decrease after prostitution is legal and regulated, because there will be regular screenings and measures taken to ensure that the services are safe. “Based upon research there is an indication that legalizing and thus regulating prostitution could assist in addressing the public health issues more effectively”(Hayes-Smith & Shekarkhar, 2010, p. 0)
The current situation surrounding prostitution only promotes the problem, and the solution should be objective rather than subjective. Along with diseases, violence is a prevalent problem within the current prostitution industry because for the prostitutes, there is nowhere to go when being abused. “The legalization of prostitution also addresses the assumption of violence against prostitutes. If prostitution becomes a recognized, legal profession, sex workers will not need to fear going to the police for help or to report a crime, thus possibly deterring their customers from becoming abusive”(Hayes-Smith & Shekarkhar, 2010, p. 0).
Under current law, all of the power is against the females. The pimps and other males associated with the prostitutes have the power to do as they please, since they know that the prostitutes won’t go to the police for help. It has been proven in studies that this is true. According to Hayes-Smith & Shekarkhar (2010), “The likelihood of violence and exploitation against prostitutes could be viewed as heightened by prostitution remaining illegal, because the customer does not need to comply with the prostitute’s wishes if he chooses not to as prostitutes have little recourse to legal protection”(p. 7).
The sad part is, the abuse can be very severe and traumatizing. According to Dalla (2002), “Many reported having been raped, beaten with objects, threatened with weapons, and abandoned in remote regions”(p. 70). No human should be treated like this, but there’s no way out for many prostitutes. “You just give them what they want and pray they don’t kill you”(Dalla, 2002, p. 70). It’s a sad reality, but until the laws are changed, there is little to no protection for the safety of these individuals.
The last assumption states that prostitution creates social disorder within communities, and a lot of this disarray can be attributed to drug abuse. “Forty-one participants (95%) reported drug abuse (chemical dependence). Sixteen (37%) of those women were drawn to prostitution to support an established drug habit, and eight (19%) reported that prostitution entry and drug abuse occurred simultaneously”(Dalla, 2002, p. 69). Many of the prostitutes simply work to support their addiction.
Since prostitution is illegal, the women are constantly around people on the lower end of the totem pole such as drug dealers. This present situation makes these drugs very accessible to the prostitutes. Additionally, according to Hayes-Smith & Shekarkhar (2010), “There are complexities of victimization and drug use among street prostitutes, making it clear that these individuals, mostly women, need both physical and mental healthcare. It has also been argued that it is easier to keep children out of the industry and decrease drug use if sex work is legalized”(p. 2).
To prevent the future spread of illegal prostitution, these women need a sense of support and stability so they can be mothers and raise their children to pursue a different career path. “The new laws would afford these workers a level of security and protection they have not received under criminalization. Prostitution would become a legitimized profession and sex workers would be able to have more stable lives, without the fear of being prosecuted for their career choice”(Hayes-Smith & Shekarkhar, 2010, p. 50).
Prostitutes are perceived to create social disorder, and the current laws that make prostitution illegal support this problem. To the greater community, prostitutes are considered deviants, and essentially, they will be considered outcasts when compared to the rest of society. Until it is a legal profession, prostitution will continue to cause problems leading to social disorder within communities. Essentially, it can be argued that the decriminalization of prostitution is a viable solution to many of the current problems associated with it. Just because a law is in place doesn’t mean it’s successful.
In the case of prostitution, criminalization leads to many problems that aren’t always seen by the greater community. Also, as argued above, decriminalization of prostitution in America would provide safety and security to the prostitutes and would also limit the spread of sexual transmitted infections and diseases. “The basic argument to a complicated question is that legalization, or at the very least decriminalization, appears to be a more just argument based on the current construction, a legal fiction”(Hayes-Smith & Shekarkhar, 2010, p. 54).
