where do you get the idea that we are a "free" society? It ain't so. (eom)
Legalize Prostitution
http://www.humanismbyjoe.com/prostitution.htm
In many communities throughout the U.S., the police periodically focus their attention on arresting persons involved in prostitution. A careful examination of this practice shows that it reduces the quality of life in society.
By forcing prostitution out of places where it would more naturally be found, such as in brothels or near motels, the police drive that activity into the streets of neighborhoods where it otherwise would not exist. The result is that residents of the neighborhoods are exposed to the activity against their will.
Also because of prostitution being forced into the streets, the dangers to many prostitutes greatly increase. Prostitutes whose jobs involve working at night and getting into cars with complete strangers can be, and often have been, easy pickings for serial killers and other sociopaths. James Alan Fox, a criminal justice professor at Northeastern University, reports that prostitutes are the most frequent targets for serial killers.
A sensible solution to these problems would be to follow the example of some European cities, where prostitution and soliciting are allowed in certain designated areas. People who are interested in those activities go to the places where it is permitted, and they leave alone the neighborhoods that don't wish to be associated with it. And the prostitutes can work in environments where they are much safer.
Another problem with prostitution arrests is that they cause long-term increases in crime and drug abuse in society. Margo St. James, a former social worker and a leading advocate of legalizing prostitution, writes: "When a woman is charged for a sex crime, it's a stigma that lasts her lifetime, and it makes her unemployable."
St. James identifies that stigma as a major reason that a large percentage of women who are in jail were first arrested for prostitution. The arrest record forecloses normal employment possibilities, keeps the women working as prostitutes longer than they otherwise would, and sets them up for a lifetime of involvement with drugs and serious crime.
Keeping prostitution illegal also contributes to crime because many criminals view prostitutes and their customers as attractive targets for robbery, fraud, rape or other criminal acts. The criminals know that such people are unlikely to report the crimes to police, because the victims would have to admit they were involved in the illegal activity of prostitution when the attacks took place.
If prostitution were legal, these victims would be less reluctant to report to police any criminal acts that occurred while they were involved in it. This would significantly improve the probability of catching the criminals and preventing them from victimizing others. In many cases, it could deter them from committing the crimes in the first place.
Additionally, laws against prostitution violate Americans' fundamental rights of individual liberty and personal privacy. Thomas Jefferson and other founders of the U.S. envisioned a society where people can live without interference from government, provided they don't harm others.
As Jefferson said in his First Inaugural Address: "A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement." Or as Arthur Hoppe said about consensual acts in the San Francisco Chronicle in 1992: "The function of government is to protect me from others. It's up to me, thank you, to protect me from me."
Similar to issues such as birth control, this issue involves people's fundamental rights to control their own bodies and decide the best way to conduct their lives. Alan Soble noted, "The freedom to choose one's reasons for engaging in sex is an important part of sexual freedom."
In a free society, it makes no sense for the government to be telling persons - particularly the poor - that they cannot charge a fee for harmless services they otherwise are at liberty to give away. Many people work in the sex industry because they see it as their only means of alleviating serious financial problems. Other sex workers aren't poor but simply enjoy that type of work and receive both income and personal satisfaction from it.
Likewise for the customers, there is no reason their freedom should not include the right to purchase the companionship and affection they may want but, for whatever reason, do not find in other aspects of their lives.
For example, one disabled man told researchers he was lonely and visited prostitutes because "I'm ugly, no women will go out with me. . . . It's because of my disability. So prostitutes are a sexual outlet for me." Another man reported that he did the same for a number of years due to being "anorexic and very reclusive. There was no chance of forming a relationship." A physically unattractive man added, "I pay for sex because that is the only way I can get sex."
Another person related that his experiences with prostitutes and other sex workers helped him overcome an extreme aversion to physical intimacy, which had resulted from years of physical and emotional abuse while growing up. He said: "I very likely would have died a virgin if I hadn't somehow gotten comfortable with physical intimacy, and sex workers enabled me to do that. At least for me, it's been a healing experience."
http://www.non-trivial.com/f_pro.htm
In its most basic form, prostitution is nothing but a contract between consenting people. A contract to provide sex in exchange for payment.
Since sex is not inherently immoral, and neither is the exchange of money, prostitution is not inherently immoral.
It has been said that prostitution is as old as the world. It has also been said that prostitution occurs between animals; it has been observed amongst chimpanzees and penguins.
Some marriages involve a situation where one party provides most of the money, and the other party is expected to consent to sex. In some cases, very little sex is exchanged for access to a lot of money.
Divorce is not illegal. But in many cases, divorce is immoral.
In some marriages, the use of prostitutes by one of the spouses, is tolerated by the other spouse. The prostitute provides a function one of the spouses is not willing to provide. The prostitute is not much different from the maid.
This used to be quite common in the upper classes of more traditional societies, like traditional Europe, England, South-America and even the American South. In all cases, respectable women were not encouraged to be too expert or knowledgeable about sex. It was widely considered more convenient if husbands who could afford it, went looking for it somewhere else.
The Need
Prostitution does fulfill an identifiable societal function. In some cases, it can be a substitute for psychological or marriage counseling. It might even prevent divorce. Although usually an imperfect solution, it can be a cost- effective one. Shrinks are expensive. So are lawyers and settlements.
Prostitution provides a safety valve against frustration, especially for people who are not attractive or have few social skills. Also in couples that have very different sex drives and might otherwise be headed for affairs or divorce.
Prostitution tends to be prevalent in societies where sex is repressed. It was quite popular in Victorian England.
Closer to home, in a society where sexual advances can carry very negative legal consequences, in a society where an exposed marital infidelity can destroy a career, prostitution should be expected to become an alternative of choice.
The fact that prostitution is illegal, may sometimes encourage it. It guarantees a measure of anonymity and silence, which may not otherwise be feasible.
Oversexed Males and Undersexed Females
In most cases, prostitutes tend to be women, while clients tend to be men. This may be partially due to the fact that men may have easier access to money. But it probably also means that in this society, there is a deficit of sexually available females with respect to sexually needy males.
Changing Perceptions
It used to be that prostitution was for losers. For those men who could not find a woman in any other way. Using a prostitute was something nobody would normally admit to.
That perception is changing. I was at a party the other day, with some very promising young lawyers (as well as a number of attractive women). One lawyer was talking to the other: "Hey, let's go to Vancouver next weekend, and see some girls..."
Why Illegal?
The justification for making prostitution illegal, usually has to do with the protection of women, and the control of sexually transmitted diseases. That could make sense if as a result of the law, prostitution completely ceased to exist.
In practice however, the fact that prostitution is illegal, normally results in the exploitation or abuse of prostitutes, and does contribute to the spread of sexually transmitted diseases.
Illegal prostitutes may be the target of violence or rape, and will be hesitant to contact the police. Or else, they may simply disappear, and nobody may ever know.
Similarly, by driving prostitution underground, the law effectively makes it impossible to maintain any form of sanitary control. Of course, street prostitution is the worst, since it often occurs indiscriminately, at night and in a rush.
More recently, legal scholars have opined that Roe v. Wade may legalize prostitution. If a woman has a constitutional right to decide whether or not to keep a pregnancy, why would she not have a right to use her body as she sees fit, including the right to offer it for sale (maybe "rent" would be a more appropriate term)?
Punishing the prostitute rather than the client makes very little rational sense, if the stated goal of the law was to protect the prostitute in the first place.
Insecurity
A more plausible explanation as to why society seems so bent on outlawing prostitution, is that "legitimate" sex partners or spouses may feel threatened by prostitution. Outlawing prostitution is a way for society to deal with sexual insecurity.
Another explanation may be the "puritan" theory. The fact that some people just cannot stand the fact that others have more fun than they do.
Of course, it is also well known that street prostitution is always pursued more aggressively by law enforcement. Apparently, that has to do with a true or imagined perception that prostitution decreases property values.
Economic Necessity
Some prostitutes do what they do as a way to make money on the side. It is not totally uncommon for highly attractive female college students to be in this business a few hours a week. They typically can afford to be very selective, and charge high prices. Besides for school, the money may be used for trips to Europe and other extra's.
More tragic are the women in low income situations, doing it out of pure economic necessity. Sometimes they are single mothers, who simply have not been able to find any other way to make it. Effectively, many of those women are risking their health and their lives.
This happens in a lot of places, from Cuba to India to Russia to Guatemala. But it has also been very clearly documented in many cities around the US.
These are extremely unfortunate situations. Even police officers are heartbroken when they see it. It is a situation that should make people think about policies in terms of criminalization, and about our welfare system.
Prostitution and the Bible
I would not go as far as saying that the Bible permits prostitution. But I would venture to say that the Bible is not very strongly against it. There are several instances where Jesus interacts with, and even defends prostitutes (typically called adulterous women).
Jesus saved a prostitute who was about to be stoned. He defied the Pharisees ("When they kept on questioning him, he straightened up and said to them, If any one of you is without sin, let him be the first to throw a stone at her.") and sent her off with a slap on the wrist. ("Go and sin no more.") I would not be too wrong by saying that Jesus had more sympathy for her than for the Pharisees.
Jesus may actually have intended to promote respect for a class of people that is essentially dedicated to serving, and gets nothing but disdain in return.
where do you get the idea that we are a "free" society? It ain't so. (eom)