Legalization of Sexual Prostitution
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Sexual prostitution should not be legalized. The legalization of prostitution receives support from people with many different agendas. It is argued, for example, that the reduction of the spread of AIDS and other diseases will follow from legalization. It is also argued that government has no right to interfere in consensual sexual acts between adults, which, regardless of the exchange of money, prostitution is. Other voices have been raised citing the potential reduction in the exploitation of prostitutes that would come from legalization, including the elimination of the unfair apportioning of blame for the criminal act. This view holds that prostitutes are victims of a system of exploitation that would be curtailed by legalized contractual sexual acts. Each of these positions recognizes the essential, core reasons why prostitution is problematic. And, having seen the difficulties, each attempts to forestall the objections of those who favor continued illegality for prostitution. But, in each case, it can be shown that the core problem is not solved by legalizing prostitution. Prostitutes include both males and females who hire themselves out, or are hired out, for sexual acts with customers. Though prostitution is sometimes viewed, and defined, as a crime committed exclusively by women, this is an anachronism. And, though many people would expand the definition of prostitute to include anyone who makes her/himself available in pornog
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e 600,000 sexual encounters per year, the controls seem to work quite well ("Street," 1991, A28).
Others who favor legalized prostitution hold that all consensual sex acts between adults are a private matter. Almodovar argues, for instance, that California's explicit grant of an "absolute right to privacy" in sexual matters is illegitimately abrogated by police interference in sexual encounters in which money is exchanged (1994, p. 223). In this argument, it is claimed that the paternalistic society, which does not interfere with "indiscriminate sexual intercourse without the exchange of money," operates on the "irrational belief that all women are inherently incapable of self-determination," and especially in the case of deciding to become prostitutes (Almodovar, 1994, p. 223). The prosecution of prostitution is based on the contention that the prostitute is the victim in the crime--yet the victimizers, pimps and customers, are seldom arrested under this hypocritical paternalistic system.
It is the woman's supposed inability to make a conscious decision that, Almodovar (1994) claims, underlies this claim of victimization. Another version of the self-determination argument makes the economic motive paramount--rather than t
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Approximate Word count = 2181
Approximate Pages = 9 (250 words per page)
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