Prostitution’s legality is a hotly debated topic worldwide. While some argue for its decriminalization or legalization as “sex work,” many oppose it due to its inherent link to exploitation and harm. This article delves into the multifaceted reasons why prostitution remains illegal in many jurisdictions, focusing on the detrimental social and individual consequences.
The Global Sex Trade: A Gift to Exploitation?
Legalizing or decriminalizing prostitution, whether through brothels, pimping, or regulation, often strengthens the sex industry rather than empowering those within it. This section examines how such policies can unintentionally benefit exploiters.
Fueling Sex Trafficking
Legalization and decriminalization can inadvertently promote sex trafficking by creating a demand for commercial sex that traffickers readily exploit. Evidence from countries like the Netherlands and Germany suggests a strong correlation between legalized prostitution and increased trafficking of vulnerable individuals. The influx of foreign women into these legal markets raises serious concerns about their voluntary participation and the potential for coercion.
Expanding the Sex Industry’s Reach
Contrary to claims of control, legalization often leads to the expansion of the sex industry, both legal and illegal. The Netherlands, for instance, has seen a significant increase in the sex industry’s economic contribution since legalization. This expansion can lead to the normalization of prostitution and further entrench the objectification of women. The proliferation of unlicensed brothels and escort services in Victoria, Australia, following legalization underscores the difficulties in regulating the industry.
The Rise of Clandestine Prostitution
Paradoxically, legalization can drive prostitution underground. Many individuals involved in prostitution avoid registration and health checks, leading to an increase in clandestine and street prostitution. This shift undermines efforts to monitor and regulate the industry, making it more difficult to address exploitation and health risks. In the Netherlands, despite legalization, a significant portion of prostitution remains underground due to the stigma associated with registration and the desire for anonymity.
The Vulnerability of Children
Legalization does not eliminate child prostitution. Reports indicate a rise in child prostitution in some regions following the legalization or decriminalization of the sex industry. This tragic consequence highlights the failure of legalization to protect vulnerable children from sexual exploitation. The increase in reported child prostitution cases in Victoria, Australia, compared to other states without legalized prostitution raises serious alarms.
The Illusion of Protection and Choice
Proponents of legalization often argue that it protects those in prostitution and enhances their choices. However, the reality often differs significantly.
The Reality of Violence and Abuse
Studies reveal that prostitution establishments, regardless of legality, often fail to protect individuals from violence and abuse. Pimps and buyers continue to perpetrate violence, and even surveillance measures primarily serve to protect the establishment, not the individuals involved. Research by the Coalition Against Trafficking in Women (CATW) consistently highlights the prevalence of violence and abuse experienced by individuals in prostitution, regardless of legal status.
Condom Use and Health Risks
Mandatory health checks for women in prostitution, without similar requirements for clients, are discriminatory and ineffective in preventing the spread of sexually transmitted infections. Furthermore, condom policies are often poorly enforced, and financial incentives can lead to unprotected sex, increasing health risks. CATW studies reveal that many women in prostitution face pressure to engage in unprotected sex for higher pay, undermining the effectiveness of condom policies.
“Choice” vs. Survival
The notion of “choice” in entering prostitution is often misleading. Many individuals are driven into prostitution due to economic hardship, lack of opportunities, and coercion. Their “choice” is often a survival strategy in the face of limited alternatives. Research consistently demonstrates that poverty, lack of education, and societal marginalization are significant factors contributing to individuals’ involvement in prostitution.
The Voices of Those Affected
Many individuals with lived experience in prostitution oppose legalization and decriminalization, arguing that it exacerbates exploitation and harm. They emphasize the need for alternative solutions that address the root causes of prostitution and provide genuine pathways out of the sex industry. CATW’s research includes testimonies from numerous individuals who have experienced prostitution firsthand, expressing their opposition to legalization and highlighting the need for alternative solutions.
Conclusion: Addressing the Root Causes
Rather than legitimizing a system rife with exploitation, efforts should focus on addressing the underlying social and economic factors that drive individuals into prostitution. Penalizing the demand side (buyers) and providing comprehensive support services for those seeking to exit the sex industry are crucial steps towards a more just and equitable approach. Furthermore, governments should invest in creating viable economic alternatives for marginalized communities, reducing their vulnerability to exploitation.
References:
- Altink, S. (1995). Stolen Lives: Trading Women into Sex and Slavery. Scarlet Press.
- Bureau NRM. (2002, November). Trafficking in Human Beings: First Report of the Dutch National Rapporteur. The Hague.
- Daley, S. (2001, August 12). New Rights for Dutch Prostitutes, but No Gain. New York Times.
- Raymond, J. G., Hughes, D. M., & Gomez, C. A. (2001). Sex Trafficking of Women in the United States: Links Between International and Domestic Sex Industries. Coalition Against Trafficking in Women.
- Raymond, J. G., d’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A. (2002). A Comparative Study of Women Trafficked in the Migration Process. Coalition Against Trafficking in Women.
- Sullivan, M., & Jeffreys, S. (2001). Legalising Prostitution is Not the Answer: the Example of Victoria, Australia. Coalition Against Trafficking in Women.
