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Should “World’s Oldest Profession”
Be Pardoned
洛之秋
Prostitution, the oldest profession ever existed in human society, has long
been viewed as the most “depraved, dissolute, and immoral” behavior conduc
ted by degraded women and men. Prostitute thereby is a lustful practitioner
who sells her/his body through sex trade. However, supposing that a more obj
ective interpretation about prostitution is possible, the better definition
in favor of prostitution would be “a commercial and voluntary sex intercour
se happens between consenting adults.” The difference of such two kinds of
understanding of prostitution provides the people with an enlightening persp
ective to evaluate the increasingly persuasive opinion of legalizing, or dec
riminalizing, prostitution, instead of trying to eliminate it from a legal a
pproach as the society did before.
Before entering the disputed area of the con and anti side it might be helpf
ul to examine the justification of prostitution in respect of the spirit of
constitution, which should and has been the cornerstone of all laws.
Firstly, it’s the right to choice. Or, as Norma Hean Almodovar in “Prostit
ution and the Criminal Justice System” asserts further, the right fort a wo
man/man to control her/his own sexuality; whom she will have sex with, when
and under what circumstances . And “the US Constitution protects the indivi
dual’s rights to won, use and enjoy his/her body in any manner that he/she
deems appropriates” , everyone has a right to make moral decision for his/h
er life and property, including his/her body. Of course, others may find som
e of these decisions “disagreeable, disgusting, or immoral” , but any gove
rnmental institutional entity has no right to intervene with the decisions,
as long as they do not violate the rights of others.
Similarly, when cops break into one hotel and fling themselves to the bedroo
m, where tow person are having sexual intercourse under an unabusive conditi
on, the prostitution law that criminalizes prostitution does make a breach o
f codes that grants the people an “absolute right to privacy”.
To argue against these methodologically pure reasoning of the justification
of prostitution, the supporters of prostitution law seem to have two unbeata
ble points there.
One is, of course, concerned with morality. From their points of view, it is
the responsibility of the government to regulate public morals in the inter
est of the public good and, therefore, to declare prostitution a punishable
offense. Putting aside the dispute over the justification of prostitution an
d assuming that prostitution is an immoral act, one could easily reach such
a conclusion, that is, the cops threw prostitute into prison simply because
she/he is immoral. Such a statement is obviously ridiculous when considering
the present laws are winking at other intergender irregularity in society,
such as adultery and incest, which may be no less immoral than prostitution.
Moreover, if the intention of criminalizing prostitution is to amend the ru
ined reputation of women/men involved in prostitution, an incarceration reco
rd on her/his personal file could destroy her/his reputation to an unmendabl
e degree.
Then come to the next seemingly powerful argument of the anti-prostitution f
ighters—by making prostitution a crime, the spread of sexually transmitted
disease could be put under control, and the crime rate could be minimized in
general.
However, the association between venerable epidemics and prostitution is abs
ent from a solid factual echo in scientific reports. Dr. Charles Winick, a m
ember of the American Social Health Association and Professor of Sociology,
City College of the City University of New York has stated:
“We know from many different studies that the amount of VD attributable to
prostitution is remaining fairly constant at a little under 5%, which is a n
egligible proportion to the amount of VD that we have.”
As Almodvar supplements in the same article, the statistics for AIDS also in
validates the disease charge against prostitution. “Because prostitutes hav
e lower overall incidents of STDs, they also have a lower percentage of test
ing positive for the HIV II.”
According to authoritative reports, that to simply link prostitution with ot
her crimes seems far less reliable as well. From 1976 to 1985, the Reports o
f Violent Crimes increased 32%; while Arrests for Prostitution increased 135
% . Additionally, Arrests for Homicide and Property Crimes declined 3% for t
his same time period. It ironically suggests that, the criminalizing of pros
titution is not only a futility to minimize the crime rate, but a significan
t interference with the prevention and control of violent crimes and propert
y crimes. The reason is simply because arresting prostitutes in the street h
as occupied too much a part of manpower of police, let alone the astronomica
l waste of correct cost and judicial cost.
In view of the foregoing, the legal approach to prostitution is based on an
invulnerable starting point, from which the interpretation of prostitution a
nd prostitute is largely biased and misleading. Also, the actual achievement
of eliminating the upsetting social diseases, which are forcedly associated
with prostitution, is often overstated and subjected to suspicion.
No parties will encourage prostitution by labeling it as a desirable thing i
n society. Neither does the body of opinion, who argues for the legalization
, or decriminalizing of prostitution. Now that prostitution cannot be contro
lled simply by making it a crime, there deserves a try to let all organized
commercial sex trade alone, as long as it keeps being “a crime without vict
im”.
As matter of fact, many countries have already carried out this proposal and
made it into enforcement. For instance, in Germany, where prostitution is l
egal and regulated, there are many drive-in motels, whose female bosses coul
d always provide the customers with convenient and safe sexual services. In
Italy, France, Great Britain, even in the former Soviet Union, prostitution
is no longer against the laws.
By legalizing prostitution, the management in local government will find man
y new and efficient solutions to the control of prostitution, and of other r
elated spread of diseases and crimes. The usual ways of doing this is to lic
ense prostitute and select a certain district (usually named “Red-light Dis
trict”) and time (usually the night when children have gone to bed) in the
city for their business. To protect prostitute from the infection of venerab
le diseases which are likely to spread through sex, the health organization
in city could offer convenient and reliable access to medical examination an
d check-up for them. What’s more, once sexual transaction becomes overboard
, it would be easier for the government to prevent prostitute from drug abus
ing or drug lifting. And since the prostitution becomes an industry under th
e control of governmental entity, the original dependence on the underworld
would be cut off and, therefore, the human rights of prostitute, which are o
ften violated by there former protector in the underworld, would be ensured.
It goes without saying that the police will have much more manpower and mon
ey to deal with robbery, murder, and other criminals in a truer sense.
The world depicted above will be more organized and secure than the present
one. If people want to see the arrival of such a prospect, there is no other
choice but to make every effort to repeal all penalties for the discreet an
d private prostitution. The failure of the enforcement of the Prohibition ma
de in 1920s in the US set an instructive example for the lawmakers who are s
till hesitating to make a decision in favor of the alternation of legalizati
on, or decriminalizing of prostitute.
====================================================================
Bibliography
Almodovar, Norma Jean
Prostitution and the Criminal Justice System
Taking Sides 4th ed.
Random Publishing House NY:1990
Federal/Provincial Territorial Working Group on Prostitution
Report and Recommendation in respect of Legislation, Policy
and Practices Concerning Prostitution-Related Activities
Canada:1998
Lowman, John
The Folly of Criminalizing Juvenile Prostitution
Deviance and Control 1st ed.
Vancouver Press VC:1998
Winick, Charles
Debate on Legalization of Prostitution
Taking Sides 4th ed
Random Publishing House NY:1990
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