We here at Meet Justice are not inherently anti-prostitution. We are 100% anti-human trafficking, and we understand the close connection that often exists between prostitution and forms of trafficking, such as sex trafficking. However, we do realize that there are some men and women who, completely of their own volition, enter the sex trade at a legal age because they see it as a viable work opportunity. No matter how small a number these people may be, they still deserve a voice, just as we say that no matter how small the number of those enslaved, they deserve to be free and to be heard.

One person whose arguments for prostitution have recently come to our attention is Chester Brown. The creator of the graphic novel “Paying For It,” illustrating his life as someone who regularly pays women for sex, he struck a particular cord with Meet Justice considering our own current graphic novel project, Traffick, inc. Chester Brown, in his interviews, has stated that paying women for sex allowed him to escape a poisonous ideal of romance, and as a result, live his life as a happier man. His voice is just one of many of those who argue that prostitution in the U.S. and around the world should be made completely legal, with the same worker’s benefits for sex workers that any other worker receives. In the process, many argue, this would give women full freedom, limit the spread of sexually transmitted diseases, and nearly eliminate sex trafficking.

But is this actually the case? In this beginning of a two part series, I will attempt to give as objective view as possible of the most relevant and respectable comments and research that has been done on legalizing prostitution. Since most sex workers tend to be female, I will mostly focus on women within this discussion. However, many of the points presented can also be applied to men in the sex industry.  I will not share my own views, but allow you to come to your own conclusions based on the evidence provided. This first article focuses only on the Pros or “Points” that those for legalization provide. Next week we will delve into the Cons, or “Counter-Points” that are given by those against legalization. The discussion will end with a look at Romantic Love vs. Unattached “Love,” and try to discern which appears the most beneficial for society and for individuals. Materials are represented as I could find them and from the initial source when possible- if there are any relevant and reputable studies that I missed, please share them in the comments or send them to blog@meetjustice.org.

 

Point 1: Legalizing sex work enables the fulfillment of women’s full rights

If it is a woman’s right to have an abortion in our country because it is “her body,” then why can’t she choose to have sex with someone paying her? Author Wendy McElroy states this point plainly in her article, “’Solutions’ to Prostitution”:

“Prostitution is not merely an exchange of sexual favors; it is a financial exchange. At this point, individualist feminists rise to defend the free market as well as a woman’s self-ownership. This is expressed by the question: ‘Prostitution is a combination of sex and the free market. Which one are you against?’”

Basically, not allowing women to sell their bodies for sex is to limit their rights and liberties. Paul Armentano of The Future for Freedom Foundation further explains this by pointing out that prostitution is merely the selling and purchasing of a labor service. Since individuals own their bodies, Armentano argues, then they have the right to decide how to use them.

 

Point 2: Legalizing sex work would limit the spread of sexually transmitted disease

In legalizing prostitution, there would be certain medical standards that would have to be met. This would include healthcare for sex workers, regular checks for sexually transmitted diseases, and required use of condoms. Paul Armentano further explains in his article:

“According to current evidence, roughly half of the street prostitutes in Washington, D.C., and New York City are HIV-positive. In Newark, New Jersey, the estimate is that close to 60% of all prostitutes carry the AIDS virus. Yet, in the relatively “free market” of Nevada, where prostitution is legal, not one (as of 1989) of the state-licensed prostitutes has ever tested positive for AIDS…. The reason is economic: the bordellos compete with each other, and the suppliers have strong incentives to ensure that the “service” that their customers receive is safe.”

Purchasing sex seems to be fairly prevalent in our society (Paul Armentano suggests roughly one in six men in America have done so). Therefore, it would seem logical that keeping the women disease-free would further limit the spread of these diseases as a whole.

 

Point 3: Legalizing sex work would limit or eliminate sex trafficking

Many argue that legalizing prostitution gets it off the streets and into the light. Bringing it into the view of the public sector, and having strict regulations, would eliminate the usefulness and ability of sex trafficking. Also, they argue, legalizing prostitution allows women who have been abused during their sex work to come forward to the police without fear of being arrested or ignored. Marjan Wijers, LLM, author and Chair of the European Commission’s Expert Group on Trafficking in Human Beings, explains:

“Criminalizing the sex industry creates ideal conditions for rampant exploitation and abuse of sex workers…[I]t is believed that trafficking in women, coercion and exploitation can only be stopped if the existence of prostitution is recognized and the legal and social rights of prostitutes are guaranteed.”

In other words, since prostitution is going to occur with or without legality, keeping it illegal only harbors harmful circumstances such as sex trafficking and violence. However, making it legal would flush out the illegal activity of sex trafficking, especially since, when given the choice between the two, people are generally more inclined to take the legal path to achieve the same end. At least, so states The Bureau of the Dutch National Rapporteur on Trafficking in Human Beings, in its Mar. 2005 report.

Thus ends the first of this two part series addressing the point, counter-point discussions involving legalizing prostitution. So far, the case has been made that legalizing would enable the fulfillment of women’s full rights, it would limit the spread of STDs, and it would help eradicate sex trafficking. What do you think about the points made so far? Please leave any input in the comments section found below. Be sure to check out Part Two next week, where we will address the counter-points to these positions.