Legalizing Prostitution: the Lesser Evil

Kwok Lau

21 April 2005

Legalizing Prostitution: The Lesser Evil

Mention prostitution and what comes to mind? A clean, safe environment that is disease-free, drug-free, crime-free, with hardworking people earning an honest living? No, that is probably not what you had in mind. Acts of violence, AIDS, needles, alcoholism, pimps, women with loose morals on the bad side of town, and similar images are usually conjured. Prostitution is the world’s oldest profession and perhaps the world’s oldest problem as well. In recorded history as early as the ancient Greeks to present day, this notorious business has survived all attempts at eradication. Views for dealing with this issue are split in the middle. One side seeks total abolishment and the other side seeks recognition of prostitution as a legitimate profession.

What defines prostitution? Prostitution is the offering of sexual intercourse in exchange forpay. That pay is usually in the form of money, but other exchanges can take place, such as with drugs. The efforts to abolish prostitution have not been successful, especially in the United States.It is even legal in one state, Nevada. Prostitution should be seen as a job that women, and men, can hold without feeling unsafe or unworthy. The clean and safe environment that seems unrealistic and unreachable can be realized. Our government should legalize prostitution in the form of brothels. Brothels confine prostitution to an establishment that allows it to be monitored. The status quo, which criminalizes it, does not address the reality of the issue and ignores its problems. The benefits of legalization can be observed through Nevada or other places that have legalized it including: France, Canada, Mexico, Israel, Denmark, the Netherlands, England, and Wales (Liberator). Legalization is different from decriminalization, however. The latter case legitimizes things such as streetwalking and pimping, and proliferates problems. In order to devise the correct steps for prostitution to be legalized in the United States, the problems that prostitution carries must be examined.

Violence, drug abuse, and sexually transmitted diseases are the three stigmas of prostitution. The authors of the article “Conceptualizing the Impact of Indirect Violence on HIV Risk among Women Involved in Street-Level Prostitution,” published in Aggression and Violent Behavior, link the three common perceptions. Violence in the United States has been on a decline, over 50% in both men and women from years 1994-2002 although there is still 500,000 reported cases of sexual violence per year. Women abused during childhood or otherwise are more susceptible to drug addiction (Romera-Daza, Singer, Weeks 2). Injection drug abuse has also been linked to HIV infection. These three epidemics are not independent but are “mutually reinforcing” (Romera-Daza, Singer, Weeks 3). Prostitution was chosen in this article’s study, streetwalkers in particular, because of the risk they face in their everyday routine. Violence is apparent with clients and pimps, but at home, they must also confront their partners. The authors also note the indirect violence streetwalkers are subject to, either witnesses of acts of their friends or strangers (Romera-Daza, Singer, Weeks 2). Gender inequality is one explanation of the violence prostitutes face. The clinging notion of female subordination and the social disgrace of sex work allow these sorts of events to be commonplace. It is easier to get away with acts of violence towards a worker whose job is not only outlawed but deals with sex (Romera-Daza, Singer, Weeks 5). Prostitutes also face the risk of HIV everyday. Clients of sex workers often insist on unprotected sex by paying more, even though prostitutes condom usage. They are at highest risk for infection, however, when they desire drugs the most; they will agree to unprotected sex from clients (Romera-Daza, Singer, Weeks 7). To control violence, drug abuse, and disease, a controlled environment is needed. These are not the only problems that prostitution creates.

Human trafficking is an ancient problem that occurswhen people are transported, often times illegally, for profit. The Coalition Against the Trafficking in Women is dedicated to stopping trafficking in all forms, especially sex trafficking. Their goal is to decriminalize women in prostitution and to criminalize the “men” that exploit them. On their website, they explain how the United States has a problem with human trafficking much like the rest of the world. Having sex with up to 500 men is often the price paid for voyage here. Mexico supplies North America with the most number of children, according to the United Nations. In Los Angeles, 5000 women of Chinese descent are in prostitution. They are also being routed to brothels in New York and North Carolina to pay their $40,000 debt (“United States”). The website has a long list of facts and cases, similar to those mentioned. The United Nations has ranked trafficking of women and children the third largest illegal business in the world. In the United States it is estimated that 20,000 are trafficked here out of the 800,000 that are globally. Of those trafficked for the sex trade, many are between ages 12 to 17 (“Smuggling and Trafficking”). Trafficking for prostitution is a serious problem that legalization aims to stop.

The history of prostitution in the United States is summarized by Timothy J. Gilfoyle.Europeans imported many new things unfamiliar to America, prostitution was one of them. The concentrated areas were harbor cities and cities where soldiers were stationed (Gilfoyle). In the 19th century, prostitution thrived in almost every city and town. A number of factors gave rise to prostitution; among them low female wages and an increasing male population. Prostitutes could frequently obtain housing before working-class people because of their higher income (Gilfoyle). These brothels were rarely in trouble because bribes were readily accepted, plus laws specifically pertaining to prostitution were not in effect until later. There are three main reasons why prostitution spread as it did. First, young women could earn twice that of their factory-working counterparts. Second, men were actually encouraged to hire prostitutes and indulge in such masculine behavior which also included drinking. Third were the brothels. These institutions were renowned and profuse in every city. New York alone had 500 of them. They advertised in newspapers, and each city had a section portioned to sex work, also known as the “red-light district”(Gilfoyle). Opposition to prostitution came in the form of morality crusades. One result of their efforts became the time period from 1920-1933, where sales of alcohol were prohibited. This parallels efforts to abolish prostitution in the United States. Although banned from sale, prohibition did almost nothing in stopping alcohol consumption. Similarly, criminalizing prostitution did nothing in the way of stopping people from doing or seeking it. Underground producers received enormous amounts of money because of the shortage. Pimps also profit from prostitution’s illegality. While the government spent millions a year to enforce prohibition, they were already losing tax dollars from not taxing the bootleggers (Liberator). Morality crusaders began a successful effort attacking prostitution in the late 19th and early 20th centuries. Iowa was the first to begin closing down its red-light district in 1908 (Gilfoyle). Prostitutes were forced out of sight of the general public by the 1920s, but like the effort to stop alcohol consumption, it operated behind closed doors. In the 1960s, prostitution enjoyed rejuvenation. A study in 1968 showed nearly 300,000 men paid visit to prostitution everyday (Gilfoyle). Prostitution began as a concept that traveled across the Atlantic and once it arrived, it was here to stay. The history of prostitution in the United States reveals how prostitution spreads as effectively as the actual diseases that are associated with it. When left untreated, it enjoyed wild freedom. Even when efforts were successful in criminalizing it, prostitution still flourished. Legalization allows it to be controlled, and one state has done so.

Nevada is the only state in the United States that allows for prostitution in the form of brothels. Barbara G. Bents and Kathryn Hausbeck examine the rules and regulations in regards to Nevada and prostitution in their article “State-Sanctioned Sex: Negotiating Formal and Informal Regulatory Practices in Nevada Brothels” published in Sociological Perspectives. The authors say studies of prostitution include the subject of legalization, abolitionist policies, criminalization, and decriminalization (Bents and Hausbeck 2). The push towards legalization, according to the article, has historically and currently been “a desire to control disease, violence, theft, robberies, assaults, white slavery, and other forms of social disorder” (Romera-Daza, Singer, Weeks 3). All drives towards legalization came to a screeching halt after the end of the Second World War when the United States wanted to protect its serving men from those vectors of disease. Nevada already had brothels operating from before legalization. In 1971, the famous law that legalized prostitution in Nevada was enacted. The bill actually had nothing about prostitution in it except for one paragraph that read “In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purposes of operating a house of ill fame or repute or any other business employing any person for the purposes of prostitution” (Romera-Daza, Singer, Weeks 6). Entrepreneurs read the paragraph like this: “Brothels can be built in small towns.” Brothels were not to be placed within 400 yards of a church or school. These locations were meant to be rural, but in actuality, sometimes they were not. In 1985, the state government imposed strict rules on medical screenings and in 1986 required regular HIV testing in addition to Chlamydia, gonorrhea, and syphilis. If a worker is tested positive for HIV, it is a felony to continue to work in a brothel- the fine is $10,000 or two to ten years in prison. Brothel owners are just as liable if they take any part in the offense. According to the article, not one licensed worker has contracted HIV since the laws were mandated (Brents and Hausbeck 8). Counties with populations under 400,000 people are allowed to open brothels, but ten of the seventeen do operate while the rest have prohibited it. The laws governing these businesses vary from county to county, and because the bills date back to the 1800s, each county can be extremely different in how it regulates its brothels. Some counties are starting to revise their laws and others are following suit. In order to keep out “undesirables” like pimps and mobsters, a thorough document must be filled out that includes family, financial, military, employment, and criminal records before a license will be considered. The application fee can range from $150 to $58,600. In some cases the fee is non-refundable, but usually it goes towards the first-year license. The license issued is a privilege, and local authorities can shut down a brothel at anytime for “good cause”, at least in Esmeralda and StoreyCounties.

Nevada has about 20 brothels in the state, and the revenue that Nevada collects from taxing brothels helps keeps taxes down for its residents (StoreyCounty’s). One worker, Sweet Lief, said she earned $40,000 in a 6 month period (Gormley). Brothels can house anywhere from 300 to 800 prostitutes. Each year, workers must renew work cards, which cost $100 (Gormley). A large part of that money goes towards the police coverage. Some parts of the state still believe the brothels to be a taboo, so officials are reluctant to release numbers regarding revenue. One study done in 1994 estimated, along with the application fees, work card fees and taxes, the revenues totaled $10 million for Nevada (Gormley). Contrast that with a study done in the 1980s, where the average prostitution arrest cost tax payers $2000, a hefty sum even today. On average, each city spends $7.5 million combating prostitution, with New York alone spending $23 million (Biterman). Criminalizing prostitution is a burden on tax payers dollars because of the police effort needed to enforce it. Turning the wasted tax dollars into actual revenue is win-win situation.

In order for our government to accept prostitution as a legitimate profession, it must first recognize the problems that the criminalization of prostitution has created. Going with the status quo, prostitutes and their clients are in a constant cycle. When prostitutes are arrested, they get fined, and their clients get fined. They go back out onto the streets and repeat the process (Miller and Haltiwanger). Women see themselves as a separate part of society because our laws make them criminals. The guilty feelings they have for selling sex is often remedied through drug use such as with heroine and cocaine (Romera-Daza, Singer, Weeks 6). Our society is not ready to accept prostitution as real work. Education to the general public by the government and by other organizations must be increased. Awareness will help reduce the age oldsentiment that prostitution is against all that is good and right. Eradicating it is not possible, and the sooner it isrecognizedthe soonerthe problems will be reduced. If left to voters, prostitution would never be legalized so the government must take initiative. Legalization starts with educating the masses, but after that the government will have to start to build these institutions. Following Nevada’s footsteps, brothels should be built in rural areas, away from schools and churches. That should keep some opponents at bay. The first of the brothels will all be government controlled. Trafficking of humans for prostitution is a major problem and brothels would be a way to minimize it. People who wish to be hired must certify that they are citizens of the United States, or give proof that they are staying in the country legally. Trafficking for prostitution should slow down as it becomes less profitable because people will choose brothels over illegal prostitutes. Applying will also require that they be examined for drugs and sexually transmitted diseases. Screening for HIV, gonorrhea, syphilis, and Chlamydia will be mandatory and on a regular basis. Checking for drugs will also be mandatory, happening at least four times a year. Those who fail the drug tests will be give the choice to enter a clinic for rehabilitation. Repeat offenders will be dismissed from their job. Currently, streetwalkers are seen as the lowest kind of prostitute, and as such they suffer more violence and drug use, and get paid less than their higher-class counterparts, such as call-girls (Romera-Daza, Singer, Weeks 5). Brothels level the playing field since workers from all neighborhoods and all social statuses will be required to work under the same roof. One major problem that prostitutes face is rape. A study in Oregon found most prostitutes are raped on average once per week. Only about 4% report it to the police, and only 7% seek professional help (Romera-Daza, Singer, Weeks 6). Most are reluctant to report their traumas to the authorities because police often give low priority to incidents involving prostitutes. Some even feel they are to blame because their occupation attracts violence (Romera-Daza, Singer, Weeks 6). Rape is a major cause of HIV infection among prostitutes. Studies have shown that female to male infection for HIV is low. The main spread of the disease is from male to female (Romera-Daza, Singer, Weeks 8). Within the legalized brothels, safety is not as big of a concern as it is on the streets. Clients who cause any harm to workers will be dealt with by the law. They would also be banned from the establishment in most cases. Since these will be government operated and legal, protection by police will not be a problem. Brothels would require condom usage within their facilities. On the streets, asking for condom usage can lead to violence from the client (Romera-Daza, Singer, Weeks 8). In Nevada, clients have been known to pay extra for unprotected sex. These incidents cannot be regulated of course, but prostitutes would still have to pass health screenings. Although legalization will not eliminate streetwalkers and call-girls, they should reduce that population greatly. After all, the extra money spent in a brothel is worth the benefit a controlled environment offers. Ultimately, along with the physical and economical benefits of legalization, the psychological benefits will be just as great. The violence that prostitutes face on the streets lead to diminished self-esteems, depression and anxiety (Romera-Daza, Singer, Weeks 11). These feelings can lead to drug usage, to both relieve the guilt of sexual acts and the feeling of the act itself. Legalization should improve long-standing stigmas in the general public, and prostitutes will see themselves becoming apart of society instead of being hidden from it.

In her article, “10 Reasons for Not Legalizing Prostitution,” Janice G. Raymond provides her arguments against the legalization of prostitution. In her first point, she says that “[l]egalization/decriminalization of prostitution is a gift to pimps, traffickers and the sex industry” (Raymond). The author believes that pimps or “sexual entrepreneurs” are allowed to prosper if they are decriminalized. Decriminalizing prostitution as a whole would not be good for society. Prostitution should only be allowed to run in a controlled place, such as a brothel. Although her point is valid, it is obvious. In another argument she says “[l]egalization/decriminalization of prostitution and the sex industry promotes sex trafficking” (Raymond). The author cites that Germany and the Netherlands have both seen dramatic increases of sex workers from other countries working as prostitutes. The strictness of these country’s policies should be questioned. Raymond states as a fact that the Dutch government sought recognition of sex work as economic activity, afterwards, people from different countries could work as prostitutes if they showed their working permits and showed they were self-employed (Raymond). Allowing foreign persons to obtain sex permits allows traffickers to target these brothels. If brothels were legalized in the United States, applicants would surely have to show legal residence. Any strange patterns of abundance of foreign workers would be investigated. She also says “[l]egalization/decriminalization of prostitution increases clandestine, hidden, illegal and street prostitution” (Raymond). Women whom work as prostitutes often do not want to get health checks, the article affirms. Legalization would also not eliminate stigmas because women face abuse from losing anonymity from registering to work, the author says. It seems unrealistic that women would not want to get health checks. If that is the case, education is the problem and not legalization itself. Stigmas would be reduced and the shame of registering and becoming a known prostitute is only a shame because of the stigmas. It is a cycle that must be broken if progress is to be made. She says that