Prostitution is often described as the worldÆs oldest profession, one that has existed in all societies throughout history. Abramson, Pinkerton, and Huppin (111) define prostitutes and prostitution as ôa woman (or man) who engages in the explicit exchange of sexual services for money or other remuneration.ö There are numerous examples of prostitution, including both males and females and those who trade sexual favors for money, merchandise, and drugs. There are also a variety of kinds of prostitutions, from those who provide full sexual gratification to those who provide ôhand-jobsö or work as ôlap-dancers.ö However, what all of these acts and individuals share in common is that they work in ôthe business of selling sexual accessö (Abramson et al. 111).
In the United States, prostitution is illegal in every state except for thirteen counties in Nevada, where ôsix prohibit it in unincorporated areas and seven permit it throughout the countyö (Abramson et al. 112). Despite the millions of dollars spent enforcing anti-prostitution law in the U.S., the commercial sex trade continues to thrive in every state in the nation. The criminalization of prostitution results in a number of deleterious effects on society, from higher rates of crime and STD transmission to diverting law enforcement resources away from more serious crimes like rape, robbery, and homicide.
Because it is typically viewed as a ôvictimlessö crime, occurring between two consenting adults, prostitutionÆs advocates maintain it should be decriminalized. Such advocates in favor of legalizing prostitution also claim it is an act of free choice that is protected by U.S. law, specifically the Ninth Amendment of the Bill of Rights in the U.S. Constitution. The Ninth Amendment states, ôThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the peopleö (Ninth 1). This analysis will argue ...