Running head: LEGALIZING PROSTITUTION 1

The Benefits to Legalizing Prostitution

Tracie Kay Gambill

Ivy Tech Community College

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The Benefits to Legalizing Prostitution

Prostitution has always been called the oldest professional and rightly so. Since the

beginning of time, women (as well as men) have been exchanging sexual services for something.

According to the state of Indiana, prostitution is, a person commits the crime of prostitution by

engaging in (or agreeing or offering to engage in) sexual conduct in exchange for money or other

property. (Ind. Code 35-45-4-2.)( (Mince-Didier, 2015). With this being said, should

prostitution be illegal? When a wife wants a new car and promises her husband, sexual favors

and then he purchases a new car for her; according to legal definition of the state of Indiana, she

was engaging in the act of prostitution. In reality, everyone pays for sexual services whether it is

through prostitution or favors between sexual partners. So why shouldnt a person be able to sell

their services as long as a person is willing to pay for such services? Prostitution can be one of

the most dangerous professions even more dangerous than being a fighter pilot but it does not

need to be so dangerous if the law were actually protecting the prostitutes rather than punishing

them.

One of the dangers of prostitution is health and safety. Currently, in the United States

streetwalkers claim that they do not use condoms on a regular basis because the law can use the

used condoms as evidence to against them. In countries where prostitution is legal there is no

need for proof for the courts. Also, in the countries where prostitution is legal, customers know

that condoms are a requirement in order to receive services. It seems that mandatory condom use

would be easier to enforce as well. Prostitutes would not take issue with this safety precaution

because it could not be used against them in a court of law and therefore, would be responsible

for the enforcement versus all the man hours that the law must use to stop prostitution.
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Another health benefit is testing. Barbara Brents and Kathryn Hausbeck of the University

of Nevada completed a study on the Nevada brothels and found that sex workers get monthly and

weekly health tests. The tests are for HIV, syphilis, chlamydia and gonorrhea. Since these tests

are mandated by law they are posted on the outside of each brothel to let all customers know the

conditions and because these tests are performed before a sex worker even begins to work for the

brother, the customers are aware of that they are getting a healthy prostitute, the brothel

management knows she is healthy and the sex worker herself knows that she is clean.

If prostitution is made legal, it would also have similar health and safety laws for the

prostitutes to follow just like the brothels do. This would not only cut down the amount of sex

related diseases but it would save money for the taxpayers as it would cut down the amount of

HIV infections. Researchers found that HIV infections were reduced thirty-three to forty-six

percent (Goldberg, 2014) in countries that allowed legalized prostitution. The health and safety

benefits are well worth it.

Society seems to focus on the threat of diseases coming from prostitutes bodies.

However, feminist and activist prostitutes have brought attention to threats of disease to

prostitutes themselves. Johns transmitting diseases to prostitutes is another reason that illegal

prostitution is one of the most dangerous career choices. A john is a term used by law

enforcement agencies to describe someone who bartering with a prostitute for services. A john

is also considered someone is paying for illegal sexual behavior or engaging in illegal sexual

conduct.

While mandatory condom use and mandatory testing would make prostitution safer for

both the prostitute as well as the customer another safety benefit to legalizing this profession

would be a decrease in violence for several reasons. First, there would be no need for pimps.
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Some research has shown that if prostitution was made legal then human trafficking as well as

coercion and exploitation would lessoned or completely stopped. Plus by making it legal sex

workers would be assured rights. Without pimps, prostitutes could work for themselves without

fear of being beaten and abused as well as the right to call the police if they were, in fact,

assaulted in anyway. In the course of working in prostitution, 82% are physically assaulted, and

83% are threatened with a weapon. Nearly 70 percent have been raped since entering the trade,

and many of them (84 percent) were or are currently homeless (Weisberg, 2014).

As stated previously, prostitution is considered one of the most dangerous career choices

and this is because of the murder rate. Currently in the United States of America, for every one

hundred thousand prostitutes there are two hundred and four murders. This makes prostitution

the most dangerous career of choice. The reason for such high numbers is because police are

unable to protect sex workers from violence without having to arrest them for their illegal

activities. One known murder, Gary Ridgway admitted to killing 48 prostitutes because he knew

that no one would care or hold anyone responsible. He was obviously correct in his assumption

since he got away with it for twenty years.

By legalizing prostitution, the power would be placed back in the hands of the women

who chose this career. Most people who participate in illegal sex activities do it out of

desperation. It is not the career they would chose first but if it was made legal it would definitely

be a choice for them. They could chose to sex work without being coerced into. They would be

able to decide for themselves which would also make them responsible for their actions. One of

the advantages that brothels have versus the street walker is that the brothel can call the police

when they need help. This ability allows the sex workers safety and helps to remove some of the

dangerous that go along with this career choice.

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Currently in the United States, legalized brothels are only in the state of Nevada.

However, Nevada permits prostitution only in licensed brothels located in just eight counties in

the state. In the other counties and outside of licensed brothels in the counties where prostitution

is legal, prostitution and solicitation are misdemeanor crimes in Nevada (England, 2015). It is

policy at these brothels to call the police at the slightest hint of trouble to send a message that

they do not tolerate bad behavior.

Brothels have many safety policies in place for the protection of their employees

including panic buttons. When these panic buttons are pressed, help shows up immediately.

Surveillance is also used in brothels. Brothels are closely monitored so that managers always

know the movement of their employees. Many brothels do not allow their workers to leave the

brothel even when they are not working for their safety. The sex workers are monitored so

closely that the managers know exactly where their employees are at all times.

Brothels are a business and ran with the same ethics as any other business. If prostitution

was made legal in the United States then prostitution could also be ran as a legitimate business.

Beside the overall security and safety, It is vulnerability, not sex work, which creates victims

(Ana Lopes, 2006). Patty Kelly is an anthropology professor at George Washington University and

the author of "Lydia's Open Door: Inside Mexico's Most Modern Brothel." Kelly said that she found

the sex workers were happier for several reasons including better hours and the ability to be able to

take care of themselves better.

Another reason for allowing prostitution to be a legal business is more revenue for the

area that they reside in. Illegal prostitution businesses in America, of course, pay no taxes

whereas if it was made legal than county, city and state would be able to enforce taxes which

would increase the governments profits. Once the sex workers was able to prove health, they

would be able to get licensed and have to report their income which would be taxable. The
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average annual income of an employee at one Nevada brothel working only one week per month

is at least $100,000 (Ayres). Based on this figure, each legally licensed sex worker would

contribute more than $20,000 in federal income taxes per year. This could add up greatly

considering the amount of prostitutes that work in America.

In brothels, the brothel does get their portion of the money just like a salon gets their

portion from the hair dressers which ends up allowing the government to tax the workers plus the

brothels. Another problem that causes prostitution in the first place is homelessness and

education. By legalizing prostitution, the taxes generated would help assist those who are

homeless, teen runaways and help those in need of education or help getting off of drugs. It is a

cycle that could be broken. Sex workers would be helping other sex workers.

It is also more profitable to the city because less law enforcement is needed to patrol

victimless crimes like prostitution as well as a source of tax revenue. Legalizing prostitution

would basically pay for itself between the saved law enforcement resources, the licensing fees,

tax revenue and the saved health resources. As with any business, there will still be those who do

not follow the laws but that can also be a revenue for America because fees and fines for working

in unsafe and ill conditions such as promoting sex while having diseases or using drugs will be

collected. According to Sonntag, the United States is losing a practical source of taxable gain.

The government would be able to tax the licensing fees, the income taxes and the business fees.

Currently the United States of America spends too much on attempting to stop

prostitution which is a victimless crime. It costs nearly two thousand dollars every time a john or

a prostitute is arrested. This is because of the cost of housing them, conducting investigations

and the price of the law enforcements involvement. Cities in the United States currently have as

much as twenty three million dollars budgeted for the law enforcement of prostitution. By
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legalizing this profession that budgeted money could go to more important resources like helping

their communities.

In the state of Indiana, prostitution and patronizing are class A misdemeanors,

punishable by up to one year in jail and a fine of up to $5,000. For third and subsequent

convictions, the crimes are class D felonies, punishable by six months to three years in prison

and a fine of up to $10,000. Promoting prostitution is a class C felony, punishable by two to

eight years in prison and a fine of up to $10,000 and compelling or enticing a person under the

age of 18 to engage in prostitution is a class B felony, punishable by six to twenty years

imprisonment and a fine of up to $10,000 (Ind. Code 35-45-4-2, 35-45-4-3, 35-45-4-4, 35-50-

2-1, 35-50-2-5, 35-50-2-6, 35-50-2-7, 35-50-3-2.) (Mince-Didier, 2015). By legalizing

prostitution precious law enforcement resources could be saved. This includes resources for

jailing, as well as housing, medical costs for those imprisoned. The man hours involved in

prosecuting, investigating and court time to name just a few. All these valuable resources are

being used to punish people for having sexual favors for money. Where is the real crime?

While there are crimes associated with prostitution like racketeering, human trafficking

and drug use, the actual act of prostitution itself is a victimless crime. Generally speaking, there

are two people involved in exchanging a consensual transaction. The problems that arise from

this consensual participation usually occur due to the illegalization of their act. Because it is

currently illegal, sex workers must live in undignified manors and in living their lives in danger.

By making it legal they would be able to have safer environments to work in and to live in. They

would be able to have a guaranteed minimum wage as well as discrimination laws to protect

them.
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It is these problems that society reports on the most. It is these problems that degrade

women and cause the current terrible conditions that many prostitutes must deal with. Drug use

and homelessness are two such problems created by the criminal activities that are associated

with prostitution. Pimps or even abusive johns hurt these women, take their money and leave

them in a state that emotionally and mentally creates drug use which creates a cycle that many

cannot get off of and ultimately these woman become homeless and sell themselves just to keep

their pimps from hurting them. They know that they are committing a crime so they will not seek

help for themselves but if the act was not criminal then they would not need a pimp, drugs or be

homeless. The prostitutes would be making an informed decision about what they want from

their lifestyle and career choices.

In conclusion, prostitution should be legalized. Making it legal will cut down on the

amount of sexually transmitted diseases. It will drastically reduce the violence and it will provide

prostitutes with a better life. After all, we live in a country based off of the fundamental rights to

an individuals freedom. It is a persons right to do what they want with their lives and their

lifestyles as long as it is not hurting anyone else. If a person wants to use their body to create a

career than it should be legal. If a person wants to pay for services than again it should be

legal. It is the human right to decide how they want to live. The United States government does

not have the right to decide what careers an individual person decides to choose for themselves

based on morality. Currently that is what is happening. As long as the deal is consensual between

the adult parties involved then what harm is there?

The United States needs to start looking at the facts and benefits of prostitution rather

than the morals of it. In a nation that embraces capitalism and freedom of choice whole-

heartedly, criminalizing a conscious and informed decision to sell one's services is asinine. This
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country has achieved great progress in equal rights for women and minorities, eliminating

censorship of various art forms, and accepting alternative lifestyles. The sex industry now

appears to be one of the last frontiers for moving away from the Victorian mind-set of the

founding fathers (Sonntag, 2009).

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References

Ana Lopes, P. (2006, March). Stigmatising sex workers. Retrieved from Chartist:

http://www.archive.chartist.org.uk/articles/econsoc/march06lopes.htm

Brents, B. G., & Hausbeck, K. (2012, August). Violence and Legalized Brothel Prostitution in

Nevada. Retrieved March 28, 2015, from ESPLER Project Inc.: http://esplerp.org/wp-

content/uploads/2012/08/Violence-and-Legalized-Brothel-Prostitution-in-Nevada.pdf

England, D. (2015). Prostitution in Nevada: Laws and Penalties. Retrieved March 25, 2015,

from Criminal Defense Lawyer:

http://www.criminaldefenselawyer.com/resources/prostitution-pimping-and-pandering-

laws-nevada.htm

Fuchs, E. (2013, November 13). 7 Reasons Why America Should Legalize Prostitution. Retrieved

March 1, 2015, from Business Insider: http://www.businessinsider.com/why-america-

should-legalize-prostitution-2013-11#ixzz3YMmbTeyn

Goldberg, E. (2014, July 25). Legalizing Prostitution Could Reduce HIV Infections Nearly In

Half. Retrieved March 3, 2015, from Huffington Post:

http://www.huffingtonpost.com/2014/07/25/legalizing-prostitution-hiv_n_5618887.html

Kelly, P. (2008). Lydia's Open Door (Inside Mexico's Most Modern Brothel). Berkeley and Los

Angeles: University of California Press.

Melissa Ditmore, P. (2007, Feb 28). Retrieved from Washington Post's Post Global website:

http://newsweek.washingtonpost.com/postglobal/needtoknow/2007/02/debating_legalize

d_prostitutio.html

Mince-Didier, A. (2015). Prostitution, Pimping, and Pandering Laws in Indiana | Criminal Law.

Retrieved March 21, 2015, from Criminal Defense Lawyer:

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http://www.criminaldefenselawyer.com/resources/criminal-defense/state-

crime/pandering-laws-indiana.htm

Sonntag, T. P. (2009). Case for Legalizing Prostitution; Following the Nevada Model. Retrieved

from Eastern Michigan University:

http://people.emich.edu/tsonntag/engl444/printtoweb//

Weisberg, A. M. (2014, March 6). The cost of keeping prostitution illegal. Retrieved from

Moneycation: http://www.moneycation.com/2014/03/the-cost-of-keeping-prostitution-

illegal.html

Wijers, M. (1998). Global Sex Workers: Rights, Resistance, and Redefinition (Oxford Historical

Monographs) . New York: Routledge.