Prostitution, often called the “oldest profession,” has existed throughout history. A historical overview, from ancient Greece to modern America, can be found in this video series: “History of Prostitution: Sex in the City.”
In the early 20th century, the United States shifted from widely permitting prostitution, particularly in the West, to criminalizing it. While not necessarily accepted, it was legal, with prostitutes working as streetwalkers or in brothels. Brothels offered a degree of safety and discretion compared to streetwalking. However, the “White Slave Traffic Act” (Mann Act of 1910) prohibited interstate transportation of women and girls for immoral purposes, leading to widespread prohibition.
Several factors contributed to the criminalization of prostitution. Firstly, the perception of some prostitutes as coerced victims needing rescue and rehabilitation. Secondly, the belief that some prostitutes were inherently immoral and sought to corrupt others. Finally, the association of prostitution with social issues like drug use and theft.
While illegal in most states, prostitution persists, manifesting as streetwalking, call girls operating discreetly, and “massage parlors” offering sexual services. Nevada remains the only state where prostitution is legal, albeit heavily regulated. County-specific laws typically permit licensed brothels with mandatory STD testing and condom use for prostitutes. Solicitation remains illegal, eliminating legal streetwalking.
A key question arises: Is prostitution inherently motivated by vice? While customers might be driven by lust, prostitutes’ motivations are more complex. Greed might explain some, but many engage in prostitution for survival. This raises the complex question of whether prostitution itself is a vice.
The debate over the criminalization of prostitution continues.
Arguments for Legalization
- Regulation and Safety: Legalization and regulation could improve safety for sex workers by providing controlled environments and reducing reliance on pimps and potentially violent clients. It could also facilitate STD control through mandatory testing. Zoning laws, like those in Nevada, could minimize public visibility and potential disturbance to communities.
- Victimless Crime Argument: Proponents argue that consensual sex work between adults harms no one, aligning with the harm principle that the state shouldn’t criminalize harmless behavior.
- Individual Liberty: Advocates for legalization emphasize the right of individuals to use their bodies for profit, drawing parallels to athletes and laborers. They question why consensual sex work should be an exception when other forms of bodily labor are compensated.
Arguments Against Legalization
- Normalization and Expansion of Vice: Critics argue that legalization normalizes and encourages prostitution, potentially leading to increased exploitation and sending a message that it’s an acceptable profession.
- Harm to Women: Opponents contend that prostitution often stems from economic hardship, homelessness, and drug addiction, forcing vulnerable women into the industry. Legalization, they argue, fails to address these underlying issues and instead abandons them to exploitation. They advocate for rehabilitation programs and support services as alternatives.
- Negative Social Consequences: The argument against legalization also cites potential links between prostitution and other crimes like theft, assault, and murder. Concerns about the spread of STDs, potentially affecting unknowing spouses of clients, are also raised.
In conclusion, the question of why prostitution is illegal involves a complex interplay of moral, social, and public health considerations. While arguments for and against legalization persist, the debate highlights the challenges of balancing individual liberties with potential societal harms. The varying approaches to prostitution across different jurisdictions underscore the lack of universal consensus on this issue.
