Mary West
Professor Gordon
Composition II: Writing for Peace
18 April 2014
An Immodest Proposal
“The world’s oldest profession” is not going away anytime soon, regardless of its legality. In countries where prostitution is illegal, there are many unfortunate situations that arise from the practice. Over 200,000 women and children are forced into prostitution through human trafficking every year in the United States (Human Trafficking). The victims in these situations are easy to identify, but are often blamed for the problem. Women cannot report rape for fear of being incarcerated, and brothels have no standards for safety and wellness because of their illegality. Pimps have control over many women who fear for their lives due to the abuse suffered from clients and from the terror of not bringing back enough money at the end of the night. This type of situation is not healthy for anyone, especially for the young women who often start prostituting at around age 13 (Human Trafficking). Marinela Badea is one of thousands of examples of young girls forced into this horrible crime. At only 17 years old, Marinela had been trafficked from Romania and was imprisoned in a club in England to become a prostitute (Townsend). Forced to serve up to 10 different men a day during her 12 hour shift, Marinela endured beatings and painful sex and only earned half of what the men paid to the brothel. After several months of these daily ordeals, Marinela and other Romanian girls, some with severe mental problems, were all taken to Manchester to a brothel by the name of Shangri-La. There, they were discovered by police who kept them in jail until she was able to prove her story, and she was soon reunited with her parents in Romania. Marinela’s traumatic years as a prostitute helped open Europe’s eyes to the “pan-European sex trade, [with] the vast majority [being] in Spain” (Townsend). Spain has legalized prostitution, but the sex trade still has an enormous presence there. Whether prostitution should be legalized or not has many arguments on both sides, but one point both views share is the importance of protecting innocent women. Prostitution has never been a “victimless crime,” as some say (Malarek). Marinela was put into jail when she was discovered, and even though she was safer behind bars than in the club, this “survivor” was treated like a criminal even though she was not at fault (Townsend). Imagine yoursister, mother, daughter, cousin, or friend disappearing one day only to return years later with a story like Marinela’s. Regardless of how you feel about the issue of legalizing prostitution, no one can say that they want this to happen in their own lives.
Those who oppose the legalization of prostitution have a multitude of legitimate reasons of why they think so. One such argument is that legalizing prostitution would increase the number of people harmed by human trafficking and the sex trade. Janice Raymond, director of the Coalition Against Trafficking in Women, states that the Netherlands is one of many countries to legalize prostitution and all aspects of the sex industry, including the women, the buyers, and the pimps. The Netherlands wanted to “end the exploitation of desperate immigrant women who had been trafficked there for prostitution,” because the majority of the sex workers in the Netherlands were from Central and Eastern European countries (Raymond). In 2000, the Dutch Ministry of Justice “argued in favor of a legal quote of foreign ‘sex workers,’ because the Dutch prostitution market demanded a variety of ‘bodies’,” further distancing the country from its original goal of helping immigrant women forced into prostitution (Raymond). Additionally, ever since the Dutch government lifted a ban on brothels, there have been several reports of an “increase in the number of victims of trafficking . . . [and] that the number of victims from other countries has not diminished,” so it is hard to see if any gains from the legalization of prostitution have actually occurred (Raymond). Immigrant women in the sex industry are a common thread between countries that have chosen to legalize prostitution. Germany realized back in 1993 that almost “75% of the women in Germany’s prostitution industry were foreigners,” though it was not until 2002 when it was established as a legitimate job (Raymond). The high numbers of foreign prostitutes heavily suggests that many are trafficked from other countries, given the high costs of transport and immigration. It would be “almost impossible for [these] poor women” to get into Germany on their own (Raymond).
Another view many opponents have is that the decriminalization of prostitution does not protect the women involved. As stated earlier, this should be the main goal of either side – to protect the innocent women who do not wish to be a part of the industry. Janice Raymond and her colleagues performed a study on 186 victims of “commercial sexual exploitation,” and they consistently said that the brothels, clubs, and other venues they worked for “did little to protect them,” regardless of their legal status. One of these women stated that “the only time they protect anyone is to protect the customers,” and another said that “anything could [have] happened” to her when she was on shift, as her bodyguard only served to protect the client (Raymond). All the women interviewed believed that their safety was of little or no importance to their pimps and supervisors. In Germany, there have been “no viable indications that the [law] has reduced crime” related to abuse suffered by sex workers (German Federal Ministry). One study showed that “68% of [people] in prostitution had post-traumatic stress disorder,” and this report had data from nine different countries where prostitution was legal, tolerated, and illegal (Farley).
I can definitely understand why opponents believe that prostitution should not be legalized, as I feel the same way toward many of their points. I do not wish for women to be trafficked to foreign countries to give away their rights, dignities, and humanity. I do not condone the abuse constantly suffered by women who have no choice in the matter of their “profession”. The decriminalization of prostitution is not something that should be on a global scale. Many countries cannot handle the legal issues and laws that stem from this complex issue, and therefore should work more on keeping women out of prostitution altogether. Countries like the Netherlands, Germany, and Australia all had good reasons for legalizing the industry, but none so far have carried it out in such a way that it could be seen as a good thing. Instead, trafficking still occurs at even higher rates, abuse of prostitutes is still prominent, and the sex trade in those countries is continuously expanding.
If, however, these countries and others, including the United States, were to look at the laws again, they could see how there is a lot of room for improvement. The countries that choose to legalize prostitution do not live to up to their promises in decreasing the trafficking of foreign women or the abuse of those in the system. Prostitution will never go away, at least not in our lifetimes. Instead of criminalizing the women involved, such as Marinela Badea, why not regulate the industry with a heavy hand? In the United States, for instance, Nevada is the only state to have legalized prostitution, and they have done it well. Counties choose whether or not they wish to allow legalized brothels, and workers must be tested for sexually transmitted diseases and infections weekly to stay in business (Prostitution Nevada). The laws prevent engaging in prostitution outside of licensed brothels, and there are very heavy fines in place for those who prostitute children (Prostitution Nevada). Because the legality of prostitution rests in the states’ hands, I believe that all states should take a vote as to whether or not the citizens of that state wish it to be legal. Legalizing and regulating prostitution does help to protect women and allows them to have a choice in their work.
Nevada is one of the few places that regulates the laws that protect women in prostitution. The mandatory condom use and other types of safe-sex practices are “typical in legal brothels,” like the ones in Nevada, and as a result the workers face less abuse from customers (Weitzer 31). Sociologists Barbara Brents and Kathryn Hausbeck argue that Nevada’s legalized brothels “offer the safest environment available for women to sell consensual sex acts for money” (Weitzer 31). Australia, another country with regulated prostitution also concluded that “there is no doubt that licensed brothels provide the safest working environment for sex workers . . . [and] provide a sustainable model for a healthy, crime-free, and safe licensed brothel industry” (Weitzer 31). Queensland brothels often have features such as panic buttons and listening devices to prevent unwanted advances on the workers (Weitzer 31). Further evidence also proves that the Netherlands has also taken steps to protect its sex workers, and a 2004 study done by the Ministry of Justice reported that “the vast majority of workers in Dutch brothels . . . ‘often or always feel safe’” (Weitzer 31). There is definitely conflicting evidence for both sides, but as the years go on, it seems that the regulations regarding prostitution have tightened in most of the world. The common link here is the legalization of brothels, rather than street prostitution. The majority of sex workers, even those in the United States, work as “indoor prostitutes,” like in brothels, clubs, and bars (Weitzel 28). Street prostitution, on the other hand, is obviously much harder to regulate because of the anonymity and lack of a central meeting place. Street prostitutes are far more likely to be supporting a drug habit, are more likely to contract sexually transmitted infections, and are often disconnected from any support services (Weitzer 28). Because of this, indoor and regulated prostitution allows women to have more control over their own lives.
There is much to be said about the differences between women who choose to become prostitutes versus those forced into the industry. At least in the United States, morality plays a large role in how people view prostitution and whether or not it should be legal. Harvard journalist Sarah Siskind puts it bluntly that “the law does not necessarily speak to morality. What is immoral is not always illegal, and what is illegal is not always immoral” (Siskind). The indoor prostitutes mentioned above often make “conscious decisions to enter the trade, they do not see themselves as oppressed victims and do not feel that their work is degrading” (Weitzer 29). They consequently obtain more satisfaction from their job than street prostitutes who are often harshly controlled by pimps and who have little say in what they do. Obviously, the indoor prostitutes surveyed cannot speak for all sex workers in the world, but their words do hold truth and should be respected. If women want to choose to sell their bodies in such a way that benefits both them and a client, who has the right to control that? Pornography, for instance, is a very similar act, in which actors are usually paid to have sex with each other. These actors are most often strangers, like in prostitution, they are paid, like prostitutes, yet the only difference is that there is a camera and an audience. Columnist Brandon Sams questions these policies, and wonders why “selling footage for mass consumption is somehow morally superior to more private, for-pay intimacy” (Sams). Legalizing prostitution would allow consenting adults to engage in activities in licensed, regulated places that allow for the safety of the women and that would benefit both parties.
Prostitution is a very complex subject with many facets, exceptions, laws, and regulations surrounding it. Those who force women into the industry should still be prosecuted, there is no doubt about that. But for the women who choose it as a profession, they deserve to have it respected and legalized. Brothels have the most successful rates in keeping women safe and happy in their positions, and should be taken into consideration when and if other countries think about decriminalizing prostitution. Countries must continue to prosecute and hunt down people who hurt innocent women like Marinela Badea, or the entire system will fail. Legalized prostitution will only be successful if there is a carefully selected and heavily moderated system of laws and regulations in place to protect those involved. Even if you do not support the legalization of prostitution, I hope you can see that many women do benefit from the protection and income that licensed brothels bring. At least in the United States, a national system of legalized prostitution would help many women and allow them to choose whatever path of life they wish.
Works Cited
Farley, Melissa. “The Real Harms of Prostitution.” The Harm of Prostitution Cannot Be Diminished by Legalising It., 19 Oct. 2010. Web. 20 Apr. 2014.
German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Report by the Federal Government on the Impact of the Act Regulating the Legal Situation of Prostitutes (Prostitution Act), July 2007, pg. 79.
“Human Trafficking: Sexual Trafficking.” Washington State Office of the Attorney General. Web. 18 Apr. 2014.
Malarek, Victor and Melissa Farley. “The Myth of the Victimless Crime.” The New York Times. The New York Times, 11 Mar. 2008. Web. 18 Apr. 2014.
“Prostitution Nevada.” Prostitution In Nevada Laws. Web. 20 Apr. 2014.
Raymond, Janice G. “Ten Reasons For Not Legalizing Prostitution And A Legal Response To The Demand For Prostitution.” Journal Of Trauma Practice 2.3/4 (2003): 315-332. Academic Search Complete. Web. 20 Apr. 2014.
Sams, Brandon. “Criminalizing Prostitution Violates Personal Liberties.” The University Star. Texas State University, Web. 23 Apr. 2014.
Siskind, Sarah R. “The Harvard Crimson.” Prostitution Pros and Cons. Harvard University, 5 Oct. 2012. Web. 22 Apr. 2014.
Townsend, Mark. “Sex Trafficking in the UK: One Woman’s Horrific Story of Kidnap, Rape, Beatings and Prostitution.” The Observer. Guardian News and Media, 06 Feb. 2011. Web. 18 Apr. 2014.
Weitzer, Ronald. “Prostitution: Facts and Fictions.” Contexts 6.4 (2007): 28-33. Print.