Legal Issues

Prostitution is one of the oldest professions in the world today. Its nature involves the exchange of money for sex. Definitely, where money and sex are going hand in hand, there is room for controversies. Prostitution has existed in almost every human culture and has been tolerated both from a legal and a moral perspective. Prostitution is legal in many Western jurisdictions like England, Wales, Denmark and Israel which is better known as the brothel capital of the world. In Asia and Iran, it is not illegal to have temporary wives for some hours (Bezelon, 2008). The main purpose of prostitution is to fulfill the short lived need for a woman and meet the abrupt demands of sex. This concept is basically deemed as a process of creating a feeling of sexual affection to men. Last week, San Francisco passed a legislation decriminalizing prostitution. An opinion poll conducted in San Francisco indicated that over 73% of the population was for prostitution and I also feel obliged to add voice towards legalizing prostitution.

First, I seek for redefinition of prostitution as sex work. Prostitution should be distinguished from other forms of low status labor that women engage in. By legalizing prostitution, the men and women often involved in the prostitution business will no longer be marginalized and classified as vulnerable.

The sex industry which have been in the past been declared as abusive will be classified as an occupation like any other. By so doing, the state will be in a capacity to deal with the unscrupulous individuals who are in the

Legalizing prostitution will ensure that the sex workers will be in a position to acquire the minimum basic standards which other professionals have acquired. Also, I feel that not legalizing prostitution is simply hypocritical. I feel that the sex workers should have a right to do what they want with their bodies and the state should not be involved in consensual sex. In almost all cases, prostitution involves two consenting adults. This implies that the sex industry is a service industry like any other where people exchange their skills from money (ProCom.org, 2009). Thousands of the sex workers are also involved in professional jobs like nursing where they cite that they have done more de-humanizing jobs in nursing than in the sex work. Thus they feel that if the sex business is conducted under regulated conditions then it does not amount to violation. However, the state should protect the sex workers from forced prostitution.

Prostitution has been a career option for many since time immemorial. No law can claim to have controlled the business and none seems to be forthcoming. Also, the industry provides a service which happens to be the most sought after in the world. Thus I feel the government should as well legalize it.

The aws criminalizing prostitution do violate the right to individual privacy of the sex workers. I feel that it is a matter of individual choice to engage in sexual activity for recreation purposes and this does not warrant government interference.

By legalizing the sex trade, the government will be in a better position to regulate the industry and the regular abuses directed to the sex workers will be reduced by a significant margin. The issue of violation of their rights and subjection to police brutality will be a thing of the past. Legalizing prostitution will reduce the brutality and stigma that the sex workers go through in the hands of the misogynists and moralists (Othcet, 2009). By legalizing the trade, the workers will be in a position to enjoy employment and health benefits and they will be in a position to form trade unions as well the co-operatives.

In a more practical approach, legalizing prostitution will benefit both the society and the sex workers. The sex workers will no longer have to hide in odd places rather they will have safe and decent places of work. They will enjoy the basic health services which they are often denied due to the nature of their occupation.

I also feel that by legalizing prostitution, the states would make remarkable achievement in the fight against human trafficking and sexual slavery. This is because all jurisdictions will be in a position to regulate the industry. Drug trafficking will also be a thing of the past within the brothels because there will be close supervision from the relevant boards and the police (Amelia, 2008). This will be possible because the sex workers will be registered.

Another reasoning towards legalizing the trade is that it will reduce the rate of HIV infection. This has been cited as a possible solution to curb HIV spread during the forthcoming World Cup in South Africa. In South Africa, it is estimated that over 50% of the sex workers are infected with the virus. By legalizing the trade, the sex workers will be screened for the virus and they will also be registered with the government. This will ensure better control over the disease because the sex workers will undergo a mandatory test prior to being registered with a regulatory board which will be in charge of supplying condoms to the registered workers. I feel that, this should not only be a solution in South Africa rather it should be applicable to all jurisdictions which value human life.

Legalizing commercial sex will attract professional managers of the once underground brothels. By so doing, the government will be in a position to create employment for the unutilized productive labor force. Recognizing the industry as not different from any other occupation would make it taxable. The taxes would then be used in revamping or reforming the health sector which is currently a priority to a large percentage in the United States (About.com, 2009). At the same time, States have spent much on curbing prostitution I feel it is now time for them to utilize the funds elsewhere other than curbing a trade which is part of each and every one of us from different walks of life.

Also, legalizing the trade would reduce the stigma associated with it. The sex workers would be respected people within the society. Its legalization would also ensure that those who wish to quit from the industry, may be due to age or health related complications are able to fit and interact within the society.

Also, I support the psychologist’s observation that human being tend to be more inclined to do that which is illegal. Similar case has been cited in the legalization of Marijuana in United States. I have the feeling that by legalizing the trade, the industry will eventually be self regulating.
In a nut shell, the benefits that will accrue from legalizing commercial sex outweigh the disadvantages. Going by these numbers, I believe that it is now appropriate to decriminalize prostitution and seek better ways of streamlining the industry.