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In Favor of the Decriminalization of Prostitution

Adelaide Harris
CAP 9
Red Group

Prostitution is defined as the act of having sex in exchange for money (MerriamWebster). The practice is completely banned in 49 states and the District of Columbia. The only
exception is Nevada, in which certain counties have legal but highly regulated prostitution

businesses (Sex Offender Attorney). Punishments for both buying and selling sex vary on a stateto-state basis. For example, in Arizona, the penalty for being a prostitute is 15 days in prison for
a first time offender. In Iowa, people can be sentenced to two years in jail and/or paying $500$5000 in fines (ProCon). While some people are opposed to prostitution for moral or religious
reasons, others cite the danger to prostitutes themselves as a large concern. As of 1998, the
average age that people became prostitutes was 14 years old. In the same year, it was found that
70% of prostitutes were raped multiple times while working (Toth). It seems that keeping
prostitution illegal isnt working, as 15-20% of men in America say that they have had sex with a
prostitute at least once (ProCon). What America needs to do is something its never done before,
outside a few counties in Nevada. Congress must pass an act decriminalizing prostitution
because it would help keep prostitutes safe, slow the spread of sexually transmitted diseases in
the sex industry, and stop the legal, social, and economic exploitation prostitutes face.
Trading sex for money has been around as long as humans have exchanged private
property. In early Mesopotamia, women devoted to the temple of the goddess Ishtar would offer
their bodies to men in return for a donation to the temple. In contrast to today, this early form of
prostitution wasnt seen as immoral or shameful. It was deemed a sacred and pure tradition, and
prostitutes were considered experts on human sexuality (Fanni). As prostitution came to be
considered less than respectable, prostitutes started suffering from extreme health and safety
concerns. Currently, the primary strategy in America is keeping the practice illegal and punishing
prostitutes, their customers, pimps, and brothel owners. Unfortunately, the heavy handed use of
law enforcement only hurts prostitutes. One report states that 20% of the abuse street prostitutes
face comes from police officers, who are devoted to protecting citizens (Toth). In addition,
prostitutes are much more likely to be arrested than their clients. In 2010, approximately 43,000

female prostitutes were arrested, but only 19,000 men were apprehended for prostitution related
offences (Time). The way that our judicial system is handling the prosecution of prostitution is
not only biased against sex workers, but is also ineffective.
Prostitutes face extreme danger every day. Because the business remains an unregulated
one, the life of a prostitute can be extremely difficult. Out of every 100,000 prostitutes in
America, 204 will be murdered. This makes it officially the most dangerous job in America
(Dye). Prostitutes are also extremely likely to be raped while working, and of those who are
sexually assaulted, only 4% report the rape to the police (Toth). This is, at least in part, because
sex workers know that if police find out about their jobs, they could be arrested. With abusive
clients and inaccessible law enforcement, many prostitutes turn to pimps for protection.
Internationally, 90% of prostitutes have a pimp (NoBullying). Even these relationships can prove
harmful, as 15% of pimps admit to beating their prostitutes (The Economist). Unfortunately,
there are some parts of the business that nobody can protect prostitutes from. In South Africa,
one out of every two prostitutes are estimated to be HIV positive (Dye). For context, around 19%
of South African adults are HIV positive (AVERT). It may be easy to assume that the problems
facing prostitutes are only affecting a small part of the population, but statistics show the
prevalence of the problems. There are 40 to 42 million prostitutes world wide, and an estimated
one million of them live in the United States (Lubin). When so many people are being affected
by problems such as rape and sexually transmitted diseases, something needs to be done.
To solve the problems that plague the prostitution industry, the United States must
decriminalize prostitution. To decriminalize something is to make it no longer a criminal act. As
long as everyone involved is over the age of 18 and consenting, America should make it legal for
people to participate in prostitution. This would help prostitutes be open about needing help. For

example, prostitutes could go the police when theyve been sexually abused by a customer
without fear of arrest. Just having clients know that they could be reported for mistreating
prostitutes would lessen the amount of violence sex workers face. Similarly, prostitutes would
feel comfortable asking for medical help from a doctor when it comes to sexually transmitted
diseases. Today, so many prostitutes live in silence and shame. Decriminalizing prostitution
would alleviate that. When an industry is made legal, the government can have more influence
over it. Hopefully, this would lead to the federal government requiring the use of condoms and
regular screening for sexually transmitted diseases for prostitutes. Sex workers right now dont
have many of the rights that other workers have, such as a guaranteed safe work place or
compensation for certain job related injuries (AFL-CIO). Because prostitution isnt recognized
by the government as a legal job, they are exempt from government regulation. Prostitutes are
workers, too, and deserve to have the same rights as everyone else.
Prostitutes face an extremely negative stigma every day. This perception of sex work, at
least partially, plays a role in how prostitutes are treated by the government, the judicial system,
and law enforcement. Decriminalizing prostitution would make it a more legitimate
profession, and would decrease the negative biases people have towards sex workers. Time and
time again, places that have decriminalized prostitution have experienced positive outcomes. In
Rhode Island, where prostitution was accidentally legalized for five years due to a legal
loophole, the rates of reported rape and gonorrhea in the state went down. In the counties in
Nevada where prostitution is legal, the government requires STD and HIV testing regularly, as
well as use of condoms, for prostitutes. There hasnt been a single HIV positive prostitute in the
legal brothels of Nevada since 1986 (Comiskey). Decriminalizing prostitution would only help
sex workers, who so desperately need that assistance.

Prostitution affects so many Americans in so many ways. When almost one-fifth of


American men are saying that they have had sex with a prostitute, its obvious that its a
widespread issue (ProCon). But its not just people who are directly involved who are affected.
Each prostitution arrest and incarceration costs approximately $2,000 dollars, with cities
spending an average of $7.5 million dollars on prostitution control per year (Toth). This is
taxpayer money going towards stopping prostitution- and its worth noting that prostitutes and
pimps dont have to pay taxes as their jobs arent recognized by the government. The lives of sex
workers are so dangerous, with prostitutes from Chicago being beaten an average of 12 times a
year, that America needs to act (Dye). To sit by in silence is to condone the acts of discrimination
and violence that prostitutes face on a daily basis.
Decriminalizing prostitution is the right way to protect prostitutes and their rights.
Examples like Rhode Island and Nevada show that when their jobs are legal, prostitutes are safer
and healthier. Sex workers are human, and deserve protection, just like everyone else does. Its
time for America to join countries like England, Mexico, and Germany, and decriminalize
prostitution. The best way to defend prostitutes from abuse, exploitation, and sexually
transmitted diseases is through making their lives and work legal.

Works Cited
Comiskey, Brian. Modernising the Worlds Oldest Profession in Argentina. Foreign
Affairs Review. N.p., 29 Jan. 2014. Web. 19 Mar. 2016.
<http://foreignaffairsreview.co.uk/2014/01/argentina-prostitution/>.
Dye, Eric. A Look at Prostitution Statistics. Finding Justice. N.p., 12 Oct. 2012. Web.
18 Mar. 2016. <http://findingjustice.org/prostitution-statistics/>.
Fanni, Zac. A History Of Prostitution: How Old Is The Sex Trade? Sabotage Times.
N.p., 29 Jan. 2014. Web. 17 Mar. 2016. <http://sabotagetimes.com/sex/a-history-ofprostitution-how-old-is-the-sex-trade>.
HIV and AIDS in South Africa. AVERT. N.p., n.d. Web. 19 Mar. 2016.
<https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/south-africa>.

Hurt on the Job. AFL-CIO. N.p., n.d. Web. 19 Mar. 2016.


<http://www.aflcio.org/Issues/Civil-and-Workplace-Rights/Your-Rights-at-Work/Hurton-the-Job>.
Lubin, Gus. There Are 42 Million Prostitutes in the World, and Heres Where They
Live. Business Insider. N.p., 17 Jan. 2012. Web. 19 Mar. 2016.
<http://www.businessinsider.com/there-are-42-million-prostitutes-in-the-world-andheres-where-they-live-2012-1>.
Percentage of Men (by Country) Who Paid for Sex at Least Once: The Johns Chart.
ProCon.org. N.p., n.d. Web. 17 Mar. 2016.
<http://prostitution.procon.org/view.resource.php?resourceID=004119>.
Prostitution. Merriam-Webster. N.p., n.d. Web. 17 Mar. 2016. <http://www.merriamwebster.com/dictionary/prostitution>.
Prostitution Statistics: What You Need to Know. NoBullying. N.p., 3 Mar. 2015. Web.
18 Mar. 2016. <http://nobullying.com/prostitution-statistics/>.
Sex, Lies, and Statistics. The Economist. N.p., 22 Mar. 2014. Web. 18 Mar. 2016.
<http://www.economist.com/news/united-states/21599351-laying-bare-supply-anddemand-oldest-profession-sex-lies-and-statistics>.
Toth, Cheryl M. The Definition and Facts of Prostitution. Womens Studies 001. N.p.,
n.d. Web. 17 Mar. 2016.
<https://www.courses.psu.edu/wmnst/wmnst001_atd1/Prostitution/facts.html>.
US Federal and State Prostitution Laws and Related Punishments. ProCon.org. N.p.,
n.d. Web. 17 Mar. 2016.
<http://prostitution.procon.org/view.resource.php?resourceID=119>.

Where is Prostitution Legal in the U.S.? Sex Offender Attorney. N.p., n.d. Web. 17 Mar.
2016. <http://www.sexoffenderattorney.com/resources/criminal-defense/sexcrimes/where-prostitution-legal-us>.

Annotated Bibliography
Alter, Charlotte. Catching Johns. Time. N.p., n.d. Web. 17 Mar. 2016.
<http://time.com/sex-buyers-why-cops-across-the-u-s-target-men-who-buy-prostitutes/>.
This article was fascinating to read. It provided a behind-the-scenes look into the polices
efforts to stop prostitution. The main thing I plan from using from this article is a statistic
about how prostitutes are much more likely to be arrested than their clients.
Comiskey, Brian. Modernising the Worlds Oldest Profession in Argentina. Foreign
Affairs Review. N.p., 29 Jan. 2014. Web. 19 Mar. 2016.
<http://foreignaffairsreview.co.uk/2014/01/argentina-prostitution/>. This article was not
only very well written, but very helpful to my research. It helped me understand the
possible effects of decriminalizing prostitution by citing international examples. This will
be infinitely helpful in my paragraph where I argue for decriminalization in the U.S.
Dye, Eric. A Look at Prostitution Statistics. Finding Justice. N.p., 12 Oct. 2012. Web.
18 Mar. 2016. <http://findingjustice.org/prostitution-statistics/>. This source was really
eye-opening. It provided many statistics about prostitution. One thing that I gained from

looking at this source was a greater sympathy for prostitutes and the deep realization of
how the industry needs to be transformed. The source was also helpful in giving many
international facts, so I could have a broader view of the issues.
Fanni, Zac. A History Of Prostitution: How Old Is The Sex Trade? Sabotage Times.
N.p., 29 Jan. 2014. Web. 17 Mar. 2016. <http://sabotagetimes.com/sex/a-history-ofprostitution-how-old-is-the-sex-trade>. This source helped me understand the history of
prostitution. This gave me a larger sense of context that I could consider todays sex trade
against. Not only was it informative, but it was interesting and eye-opening.
Gonchar, Michael. Should Prostitution Be Legal? New York Times 5 Nov. 2015: n. pag.
Web. 14 Feb. 2016. <http://learning.blogs.nytimes.com/2015/11/05/should-prostitutionbe-legal/?_r=0>. This article included summaries of two opinions on the subject of
legalizing prostitution without stating the authors own thoughts on the subject. This
approach allowed the reader to form their own ideas and not be influenced by outside
biases.
HIV and AIDS in South Africa. AVERT. N.p., n.d. Web. 19 Mar. 2016.
<https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/south-africa>.
This source was helpful because it gave me context on a statistic I had found. Hopefully,
by including the information I learned from this source, the reader will be able to better
understand the other information I put in. This is even more relevant because the
information is about another country that we, as Americans, probably have a worse
understanding of.
HIV in the United States: At A Glance. Centers for Disease Control and Prevention.
N.p., n.d. Web. 19 Mar. 2016.

<http://www.cdc.gov/hiv/statistics/overview/ataglance.html>. This article was helpful in


that it gave me statistics about how many Americans are HIV positive. This helped me
place a few other statistics about prostitutes who are HIV positive in context. Without the
context, the numbers wouldnt hold any meaning.
Hong, Sharon. Decriminalizing prostitution linked to fewer STDs and rapes. UCLA
Newsroom. N.p., 1 Aug. 2014. Web. 19 Mar. 2016.
<http://newsroom.ucla.edu/releases/decriminalizing-prostitution-linked-to-fewer-stdsand-rapes>. This article describes how in Rhode Island, when prostitution was legalized
accidentally for five years in the state, rate of reported rape and gonorrhea decreased.
This provides a fascinating example of what Im trying to prove in my essay. The state of
Rhode Island is like a guinea pig in the experiment of decriminalizing prostitution.
Hurt on the Job. AFL-CIO. N.p., n.d. Web. 19 Mar. 2016.
<http://www.aflcio.org/Issues/Civil-and-Workplace-Rights/Your-Rights-at-Work/Hurton-the-Job>. This source was helpful in teaching me about workers rights. This will
contribute to my essay because it taught me about how all workers have a right not to get
hurt on the job. Unfortunately, this doesnt apply to prostitution, as prostitution isnt
recognized by the government to be a real job. The decriminalization of prostitution,
though, would lead to the end of this idea.
Lubin, Gus. There Are 42 Million Prostitutes in the World, and Heres Where They
Live. Business Insider. N.p., 17 Jan. 2012. Web. 19 Mar. 2016.
<http://www.businessinsider.com/there-are-42-million-prostitutes-in-the-world-andheres-where-they-live-2012-1>. This source was helpful because it offered me some basic
information in a clear and succinct way. When it comes to the topic of prostitution, often

exact numbers or facts are hard to find. This article did a great job of avoiding that
problem. I learned about how many prostitutes there are in the United States. I plan to use
this information to show that problems affecting prostitutes affect a surprisingly large
portion of Americans.
Moran, Rachel. Buying Sex Should Not Be Legal. New York Times 28 Aug. 2015: n.
pag. The New York Times. Web. 14 Feb. 2016.
<http://www.nytimes.com/2015/08/29/opinion/buying-sex-should-not-be-legal.html>.
This source was helpful because it gave a first hand account of being forced into
prostitution and the negative effects it had on the authors life. The author applied her
experiences to make an argument against the legalization of prostitution. Her writing adds
emotional depth to her argument.
Percentage of Men (by Country) Who Paid for Sex at Least Once: The Johns Chart.
ProCon.org. N.p., n.d. Web. 17 Mar. 2016.
<http://prostitution.procon.org/view.resource.php?resourceID=004119>. I used this
source to find out how many American men have paid for sex with a prostitute before.
This was helpful to me in proving that the way America is treating prostitution right now
is ineffective.
Prostitution. Merriam-Webster. N.p., n.d. Web. 17 Mar. 2016. <http://www.merriamwebster.com/dictionary/prostitution>. This source was helpful in giving me a clear,
factual definition of the word prostitution. Since different legal situations will use
loopholes in language to attempt to get around persecution, it was helpful to have one
definition to refer to.

Prostitution Statistics: What You Need to Know. NoBullying. N.p., 3 Mar. 2015. Web.
18 Mar. 2016. <http://nobullying.com/prostitution-statistics/>. This article was an easyto-read overview of facts and statistics relating to prostitution, especially the dangers of
the business. This source was easy to digest. It wasnt too vague as to be unhelpful, but it
also wasnt too upsetting to read.
Sex, Lies, and Statistics. The Economist. N.p., 22 Mar. 2014. Web. 18 Mar. 2016.
<http://www.economist.com/news/united-states/21599351-laying-bare-supply-anddemand-oldest-profession-sex-lies-and-statistics>. This source was interesting because it
went in depth into the business of pimping. Pimps affect prostitutes and the prostitution
business deeply, but many of my sources did not really discuss them. There were also
some interesting statistics in the article about how prostitution has declined over the
years.
Sex Workers Education Network. Sex Workers Education Network. N.p., n.d. Web. 14
Feb. 2016. <http://www.bayswan.org/penet.html>. This website was able to provide me
with perspectives from sex workers and the sex work community. Too often, when
talking about legal issues, the people behind the court cases can be lost. This website is a
reminder that all decisions have real impacts on real people.
Should Prostitution Be Legal? ProCon.org. N.p., 11 Jan. 2016. Web. 14 Feb. 2016.
<http://prostitution.procon.org/>. This website was helpful because it introduced me to
some of the basic arguments for and against the legalization of prostitution. Due to the
crowd sourcing nature of the website, I could see what normal, everyday people were
thinking about the issue. Also, the website included arguments that were both for and
against the legalization of prostitution, so I received a balanced point of view.

Toth, Cheryl M. The Definition and Facts of Prostitution. Womens Studies 001. N.p.,
n.d. Web. 17 Mar. 2016.
<https://www.courses.psu.edu/wmnst/wmnst001_atd1/Prostitution/facts.html>. This
source was arguing for the eradication of prostitution and provided me with some great
statistics. I plan to use these statistics to show the negative effects that prostitution, as is,
has on sex workers.
US Federal and State Prostitution Laws and Related Punishments. ProCon.org. N.p.,
n.d. Web. 17 Mar. 2016. <http://prostitution.procon.org/view.resource.php?
resourceID=119>. This source defined different sentences in different places for
prostitution. This was interesting because certain places were much more strict than
others. The source also helped me understand the way our legal system views
prostitution.
Where is Prostitution Legal in the U.S.? Sex Offender Attorney. N.p., n.d. Web. 17 Mar.
2016. <http://www.sexoffenderattorney.com/resources/criminal-defense/sexcrimes/where-prostitution-legal-us>. This website was incredibly helpful in informing me
about the legal status of prostitution in the United States. It clearly states information, and
is quick to point out exceptions. Using a legal source definitely paid off, due to the
factual language.

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