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Law School Student Scholarship Seton Hall Law

2014

Legalizing Prostitution: An Introduction

Kristie Trifiolis

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Recommended Citation
Trifiolis, Kristie, "Legalizing Prostitution: An Introduction" (2014). Law School Student Scholarship. Paper 139.
http://scholarship.shu.edu/student_scholarship/139
 LEGALIZING
PROSTITUTION
An Introduction

Kristie Trifiolis
May 15, 2012
 'Prostitution forms an age-worn but interesting chapter
in the history of civilization and presents an important
problem for modern society. All civilized countries
have offered solutions, none of which are satisfactory,
and only a few of them have even modified its baneful influence'
--Arnold Clarkson 1

Prostitution is commonly referred to as "the oldest profession", which is,

unfortunately, far from an exaggeration. Prostitution has been ubiquitous from the times

of the epic tale ofGilgamesh and the Old Testament to today's "red light" districts. It has

gone from being praised, to being tolerated, prosecuted, or ignored. This paper considers

whether we ought to legalize prostitution. A brief history of prostitution is in order to

fully understand where the debate on legalizing prostitution fits into our world.

Ancient Greek literature referred to three different kinds of prostitutes. The first

were referred to as pornai, or slave prostitutes; the second as freeborn street prostitutes;

and the third were called hetaera and were educated prostitute-entertainers who enjoyed a

level of social influence that was denied to nearly all non-prostitute women. 2 Pornai and

street prostitutes could be either female or male, but only had a male clientele. Hetaera

were always female. 3

1
Arnold Clarkson, History ofProstitution, 41 Can. Med. Assoc. J. 296-30 I ( 1939).
2
Tom Head, An Illustrated History and Timeline, (2012),
http://civilliberty.about.com/od/gendersexuality/tp!History-of-Prostitution.htm.

3/d.

2
 According to literature, Solon4 established government-supported brothels in

high-traffic urban areas of Greece that were staffed with inexpensive pornai. 5 Therefore,

all men, regardless of income level, could afford to hire a sex partner should they choose.

Prostitution remained legal throughout the Greek and Roman periods, though later,

Christian Roman emperors strongly discouraged it. 6

In 590 AD, the newly-converted King of Spain put a ban to prostitution in an

effort to unite his country under Christianity and its morals. He did not order punishment

for men who hired or sold prostitutes, but any woman found guilty of prostitution was

whipped 300 times and subsequently exiled. 7 By the medieval era, prostitution in

England was accepted in major cities as commonplace. 8 Although King Henry II

discouraged prostitution, he also permitted it. 9 However, he only allowed prostitutes that

were single, and he mandated weekly inspections of London's brothels. 10

Between 1300-1400 AD, there were different views formulating across the world

on the issue of prostitution. Italy declared prostitution to be "absolutely indispensable to

4
Solon, known as one of the Seven Wise Men of Greece, was an Athenian statesman,
lawgiver, and poet. His reforms prepared the way for the introduction of democracy in
Athens. (http://www.hyperhistory.com/).
5
Tom Head, An Illustrated History and Timeline, (2012),
http://civilliberty .about.com/od/gendersexuality/tp/History-of-Prostitution.htm.
6
Id

9
Pippa Bailey, The Hard Truth: Legalisation and Control, (Sept. 25, 2011 ),
http://www .I ippymag.co. uk/prostitution-the-hard-truth.
10
Tom Head, An Illustrated History and Time/ine, (20 12),
http://civilliberty.about.com/od/gendersexuality/tp/History-of-Prostitution.htm.
3
the world 11 • 11 Government-funded brothels were subsequently established in major Italian

cities. 12 Meanwhile, in Europe, penalties for prostitution were put in place and ranged

from maiming to execution. 13 However, because penalties generally went unenforced, in

1586 the newly-elected Pope Sixtus V ordered that all women who participated in

prostitution be put to death. 14

As events moved toward the 18th century, the French government replaced the

traditional bans on prostitution with a new Bureau of Morals (Bureau des Moeurs). 15 The

Bureau was responsible for monitoring brothels to ensure that they complied with the

law, as well as not becoming centers of criminal activity. 16 During this time brothels and

criminal activity went, and they continue to go, hand in hand. The agency operated for
17
over a century before it was abolished.

In 1932, Japan gathered between 80,000 and 300,000 women to participate in

what the government referred to as "comfort battalions" during the war. 18 In essence, this

II Jd.

12 !d.

13 !d.

14
ProCon.org. Historical Timeline. (Jan. 31, 20 12),
http://prostitution. procon.org/view.resource. php?resourceiD=OOO 117.
15
Tom Head, An Illustrated History and Timeline, (2012),
http://civilliberty.about.com/od/gendersexuality/tp/History-of-Prostitution.htm.

16 Id

17 !d.

4
was prostitution. While in 1956, India worked towards banning all of prostitution and

was semi-successful. 19

In 1971, brothels in Nevada became legalized. Although many politicians of the

state will claim that they are against prostitution, they will also admit that they do not feel

it should be banned. Some counties in Nevada allow prostitution, while others still do

In 1967, Europe was known for its prostitution, and mainly for its six floor Eros

Center. 21 Here, several hundred women would gather on what was called the 'contact

area' to entice sailors and other clients and then move on to the dozens of bars and

hundreds of bedrooms. 22

In 1999, the Swedish government took a new approach toward regulating

prostitution. The government classified prostitution as a form of violence against women

and initiated new programs to help the women move into other lines of work?3 Under

this new approach, it became illegal to buy sex, but legal to sell sex. 24 It is still unclear

whether this approach is working. South Africa also has taken a new approach to this

20 /d.

21
Serge Schmemann, A Red-Light District Loses Its Allure, New York Times, May 14,
1988.

23
Tom Head, An Illustrated History and Timeline, (2012),
http://civilliberty .about.com/odlgendersexuality/tp/History-of-Prostitution.htm.

24 Id

5
issue. Known as a haven for sex trafficking, South Africa is a nation where an estimated

25 percent of prostitutes are children. 25 Recently in 2007, the Criminal Law Amendment

Act 32 was passed which targets human trafficking?6 Along with this, a team of legal

scholars has been commissioned by the government to draft new regulations governing

prostitution. 27 South Africa's innovative legislative successes and possible failures will be

helpful to other nations to create their own forms regulations to govern prostitution? 8

Currently, there is wide debate on the issue of whether prostitution should be

legalized, and whether the pros of legalization outweigh the cons. There are seemingly

many different opinions and approaches to this dispute. Set forth below is a description of

the places in which prostitution is legalized, explanations and examples of how those

places are faring, the cons of legalization, and subsequently the pros of legalization.

While many will debate the advantages of legalizing prostitution, it is, and always will

be, outweighed by the disadvantages.

I. PLACES PROSTITUTION IS ALREADY LEGALIZED

There are a number of places in the world where prostitution is legalized. One of

the most important of those places is the Netherlands. In 1997, there were 250 officially

25 /d.

26
Criminal Law Ammendment Act 32 of 2007
27
Tom Head, An Illustrated History and Timeline, (2012),
http://civill iberty .about.com/od/gendersexuality/tp/History-of-Prostitution.htm.

28 /d.

6
listed brothels in Arnsterdarn.29 Currently, in the Netherlands, prostituted women pay rent

for shop windows that look onto the street (about $90 a day). 30 The only content of the

rented room is the bed where she has sex, sleeps on, and lives on.

'In some establishments, two women share a kitchen, a room for eating, a
bathroom and toilet. At some sites the buildings comply with general sanitary and
administrative rules for the municipality, men patrolling the streets assure
security, rents are fixed, and neither minors nor victims of trafficking are
officially allowed to work. In others, up to four women may use the same window
room, share a single toilet, an improvised shower and no kitchen. In some cases,
the women receive one towel and two sheets for use throughout the week. On the
average, the women work between 12 and 17 hours a day, receiving from 10 to 24
clients, at a usual charge of 50 florins for 15 minutes sessions. ' 31

However, The City of Amsterdam claims that in order to end the abuse in the sex

industry, they needed to change the law and lift the ban on brothels in order to reflect

everyday reality. 32 Now, it is legal to employ only prostitutes who are over the age of

consent, and who wish to do the work voluntarily.33 Also, stricter measures have been

used under the criminal law in order to prevent exploitation. 34 The government claims

29
Marie-Victoire Louis, Legalizing Pimping, Dutch Style, Le Monde Diplomatique,
March 8, 1997.

31
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. of Trauma Pract.
315-332 (March 25, 2003).

32 Id

33 Id.

34 !d.

7
that the legislation of brothels enables them to exercise actual control over the sex

industry, and, in return, counter abuses. 35

Another place where prostitution is legalized is in Australia. Today, only 10% of

the prostitution industry operates in Australia's legal brothels; the other 90% operates in

underground, illegal sex markets thick with forced prostitution and human trafficking

victims.36 The view in Australia is that 'it will always be cheaper to set up an illegal

brothel full of slave labor than to pay fees and salaries and health care to licensed

workers. As long as there are men demanding cheap commercial sex, there will be

traffickers willing to supply it, and where there is a legal market, there will be more men

demanding sex, though not always at legal market prices. ' 37

In Australia, legalizing prostitution has only led to more demand for sex. Since it

has become legal, it has also led to a mass increase in underground sex markets that are

illegal and full of abuse. 38 The underground market forces women who never chose to be

in the sex industry, but were trafficked. The University of Queensland Working Group on

Human Trafficking recently released a report stating that the prostitution laws in

Australia have failed. 39 In this report, it is noted that since 1999 women in Australia have

35
RNW English Section. FAQ: Prostitution in the Netherlands, (2009),
http://www.mw.nl/englishlarticle/faq-prostitution-netherlands.
36
Amanda Kloer, Legal Prostitution in Australia a "failure", (2009),
http://news.change.org/stories/legal-prostitution-in-australia-a-failure.

37 /d.

38 Id
39 /d.

8
had the option of working legally in licensed brothels or on their own. 40 The goal of the

Australian government was that women would set up their own businesses, thus making

the sex industry safer, legal, and regulated. 41 However, this is far from the result.

'What has happened, instead, is entrepreneurial pimps have lured and

trafficked Asian women to Australia and set up illegal brothels with lower prices.
Trafficking is 'booming' in Queensland, and there are few laws to help protect
women who are lured or coerced into prostitution against their will. And as legal
brothels try and compete with the trafficking boom, they cut costs, which often
involves cutting freedom and benefits for women. Even in the legal,
licensed brothels of Queensland, women have reported being coerced into
working under unfair conditions or against their will. ' 42

Since allowing prostitution, Australia has failed to maintain regulations and

standards to keep the women safe, healthy, and free of abuse.

In January 2002, Germany fully legalized prostitution. 43 As early as 1993, during

the first steps toward legalization, it was recognized (even by pro-prostitution advocates)

that "75 per cent of the women in Germany's prostitution industry were foreigners from

Uruguay, Argentina, Paraguay and other countries in South America."44 In Germany

now, up to 85% of women are foreigners which casts doubt on the fact that this amount

42 Id.
43
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. of Trauma Pract. 315-
332 (March 25, 2003).

9
of women could have entered Germany without facilitation. 45 NGOs46 report that most of

these foreign women have been trafficked into the country 'since it is almost impossible

for poor women to facilitate their own migration, underwrite the costs of travel and travel

documents, and set themselves up in "business" without outside help. ' 47

Legalizing prostitution in Germany has not been successful. Germany stands as

the third example of a country that has failed to regulate legal prostitution.

There is one place in the United States that is quite similar to the countries we

have described. That place is Nevada.

'For years, the locations of brothels were basically regulated by using public

nuisance laws, enabling local authorities to shut them down when they managed

to declare them as such. Both Reno and Las Vegas cleared out their red light

districts using this tactic. Nevada state law has evolved to where it is now a

4S Jd.
46
A non-governmental organization (NGO) is any non-profit, voluntary citizens' group
which is organized on a local, national or international level. Task-oriented and driven by
people with a common interest, NGOs perform a variety of service and humanitarian
functions, bring citizen concerns to Governments, advocate and monitor policies and
encourage political particpation through provision of information. Some are organized
around specific issues, such as human rights, envirorunent or health. They provide
analysis and expertise, serve as early warning mechanisms and help monitor and
implement international agreements. Their relationship with offices and agencies of the
United Nations system differs depending on their goals, their venue and the mandate of a
particular institution.
47
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. ofTrauma Pract.
315-332 (March 25, 2003).

10
 county option whether or not to allow licensed brothels to operate within their

jurisdictions. ' 48

The Nevada Revised Statutes contain two sections related to prostitution. The first

section prohibits the licensing of prostitution in counties with populations of over

400,000 people. 49 In essence, what this actually does is legalize prostitution in the

counties that do not have over 400,000 people. The second section is the regulatory

section. It attempts to provide is protocols relative to pimping, zoning, sexually

transmitted diseases, and advertising. so

NRS 201.300-360, part of the regulatory section of the statute, prohibits anyone

from forcing or attempting to entice a woman in becoming a prostitute. It also prohibits

anyone from forcing or attempting to entice a woman to work in a brothel, while also

protecting spouses from being forced into prostitution. The last thing it does is prohibit

forcing women into marriage.s 1 Some of the other sections of the NRS are put in place in

order to prohibit anyone from living off a prostitute's earning, and also to enable zoning

49
Nevada revised statutes, NRS 201.300-360

so Barbara Brents. Violence and Legalized Brothel Prostitution in Nevada: Examining

safety, risk, and prostitution policy, 20 J. Interpers Violence 270 (2005).

SJ /d.

11
restrictions.52 These restrictions are designed to keep brothels a "safe distance" away

from places like schools, main streets, or churches. 53

Before the mid-1980s, some brothels put in place testing regimens for sexually

transmitted diseases. 54 However, after that time period, Nevada enacted health

regulations designed to regulate the transmission of AIDS, which had become a growing

problem. Currently, any person who applies to be a prostitute in a county where it is legal

must undergo testing for HIV, syphilis, gonorrhea, and chlamydia. 55 Subsequently, each

prostitute must be tested again for gonorrhea and chlamydia on a weekly basis, and

monthly for HIV and syphilis. Any person who attempts to work in a brothel who is HIV

positive is liable to suffer a sentence of two to ten years in prison or a fine of $1 0,000

(NRS 201.356-358), and the brothel owner will also be held criminally responsible. 56

In Nevada, there exists at least one group, the Nevada Coalition Against Sex

Trafficking 57, which is actively seeking to end legal prostitution. In addition to this group,

53 /d.

55 /d.

56 /d.

57
The Nevada Coalition Against Sex Trafficking (NCAST) is a non-governmental,
nonprofit organization. NCAST's mission includes educating Nevadans and other
concerned citizens about the harms of prostitution, including the underlying and
fundamental human rights violations of prostitution, the link between prostitution (both
legal and illegal) and human trafficking, and developing and promoting policy and
functional alternatives to current laws and practices within the State ofNevada.
12
U.S. Senator Harry Reid 58, in a recent speech before the Nevada Legislature (February

22, 2011), said 'the time has come to end Nevada's brothel industry'. 59 He cited the poor

image it gives to the Silver State. 60

III. THE "PROS" OF LEGALIZING PROSTITUTION

As there are seemingly many anti-legalization arguments for prostitution, there

are also pro-legalization advocates whose argument is that the 'pros' of legalization

outweigh the cons. For example, those who fight for prostitution being legalized will

argue that it will reduce trafficking, bring the sex industry under control, regulate

prostitution activities, remove prostitution from the street, end the prostitution of children

because child prostitution becomes unnecessary if adults can prostitute legally, protect

women in the industry from abuse and violence because now it is no longer against their

will and they will voluntarily engage in sexual acts. They argue that it would promote

58
Harry Reid is the senior United States Senator from Nevada, serving since 1987. A
member of the Democratic Party, he has been the Senate Majority Leader since January
2007, having previously served as Minority Leader and Minority and Majority Whip.

Previously, Reid was a member of the U.S. House of Representatives, representing

Nevada's 1st congressional district, and served in Nevada local and state government as
city attorney of Henderson, a state legislator, the 25th Lieutenant Governor, and chairman
of the Nevada Gaming Commission.

59
Standley White. Legal Prostitution in Nevada: Brothels are Legal in Some Nevada
Counties, (20 12), http://renotahoe.about.com/od/govemmentcityservices/a/Legal-
Prostitution-In-Nevada.htm.
60 /d.

13
women's health because men 'must' wear condoms and women must get health checks. 61

They argue that it would enhance women's choices because now women would be free

to choose whether they want to be a part of the sex industry and offers them the

opportunity to be self-employed. 62

Another argument is that 'it is estimated that if prostitution were legalized in the

United States, the rape rate would decrease by roughly 25% for a decrease of

approximately 25,000 rapes per year.' 63 Also, that 'sex work is legitimate work and

problems within the industry are not inherent in the work itself. It is vulnerability, not sex

work, which creates victims. Sex workers should enjoy the same labour rights as other

workers and the same human rights as other people. ' 64

Voluntary prostitutes themselves are also obviously advocates for legal

prostitution. In an interview with Veronica Monet, prostitute and author in Gauntlet

Magazine, she explains,

'We chose sex work after we did a lot of things we couldn't stand. Sex work is
better. For me, sex work isn't my first choice of paying work. It just happens to be
the best alternative available. It's better than being president of someone else's
corporation. It's better than being a secretary. It is the most honest work I know
of.'6s

61
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. ofTrauma Pract.
315-332 (March 25, 2003).

62 !d.
63
Kirby Cundiff. Prostitution and Sex Crimes, (2004),
http://www.independent.org/pdf/working_papers/50_prostitution.pdf.
64
Ana Lopez. Stigma/ising Sex Workers, The Chartist, 2006.
65
ProCon. Should Prostitution Be Legal?, (2009),
http://prostitution.procon.org/view.resource.php?resourceiD=OOO 115.

14
 An argument can be made for why it is illegal to charge for what can be freely

dispensed. 66 It has been argued that sex work is no moral or immoral than the chocolate

or distilling industries. 67 Marjan Wijers explains in his book that 'criminalizing the sex

industry creates ideal conditions for rampant exploitation and abuse of sex workers. It 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. ,68

However, set forth below are indisputable facts relative to why legalizing

prostitution is a mistake.

II. THE CONS OF LEGALIZING PROSITUTION

i. Legalizing Prostitution Expands the Sex Industry

The arguments are endless as to whether legalizing prostitution is an advantage or

a shortcoming. However, the cons outweigh the pros significantly. One of the many cons

oflegalizing prostitution is that it actually promotes illegal sex trafficking.69 Many pro-

legalization people will claim that legalization controls the sex industry. However, if

anything, it only expands it.

66 !d.

67 !d.

68
Marjan Wijers. Global Sex Workers, (1998).
69
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. of Trauma Pract.
315-332 (March 25, 2003).
15
 For example, the sex industry now accounts for 5 percent of the Netherlands

economy. 70 Over the last decade, as pimping became legalized and then brothels

decriminalized in the Netherlands, the sex industry expanded 25 percent. 71 At any hour

of the day, women of all ages and races, dressed in hardly anything, are put on display in

the notorious windows of Dutch brothels and sex clubs and offered for sale -- for male

consumption; most of them are women from other countries who have in all likelihood

been trafficked into the Netherlands. 72

'There are now officially recognized associations of sex businesses and

prostitution customers in the Netherlands that consult and collaborate with the
government to further their interests and promote prostitution.[footnote] These
include the Association of Operators of Relaxation Businesses, the Cooperating
Consultation of Operators of Window Prostitution, and the Man/Woman and
Prostitution Foundation, a group of men who regularly use women in prostitution,
and whose specific aims include to make prostitution and the use of services of
prostitutes more accepted and openly discussible, and to protect the interests of
clients' 73

Legalization of prostitution in the State of Victoria, Australia, has led to massive

expansion of the sex industry. 'Whereas there were 40 legal brothels in Victoria in 1989,

in 1999 there were 94, along with 84 escort services. Other forms of sexual exploitation,

such as tabletop dancing, bondage and discipline centers, peep shows, phone sex, and

70
Suzanne Daley. New Rights for Dutch Prostitutes, but No Gain, New York Times, pp.
A 1 and 4, August 12, 2001.

72 Jd.

73
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. ofTrauma Pract.
315-332 (March 25, 2003).

16
pornography have all developed in much more profitable ways than before.' 74

Prostitution has become an accepted sideline of the tourism and casino boom in Victoria

with government-sponsored casinos authorizing the redeeming of casino chips and wheel

of fortune bonuses at local brothels. 75

Brothels in Switzerland have doubled several years after partial legalization of

prostitution. 76 Many of these brothels are illegal and/or untaxed. In 1999, a Zurich

newspaper known as Blick claimed Switzerland to have the highest amount of brothels in

Europe and expressed the opinions of the people who felt like they had become overrun

by prostitution venues and activities. 77

Not only does legalizing prostitution expand the sex industry, it also increases

hidden prostitution.

ii. Legalizing Prostitution Increases Hidden Prostitution

Legalization schemes, while they may seemingly be operational from the outside,

actually increase hidden prostitution for numerous reasons. To start, it makes women

register. 78 Many women don't want to register and undergo health checks as required by

74
Mary and Jeffreys Sullivan. Legalising Prostitution is Not the Answer: the Example of
Victoria, Australia. Coalition Against Trafficking in Women, Australia and USA, (2001),
http://action. web.calhome/catw/attach/A USTRALIAlegislation2000 1.pdf.
75 !d.
76
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. of Trauma Pract.
315-332 (March 25, 2003).
77 ld

78 !d.
17
law in certain countries where prostitution is legalized because they don't want to lose

their anonymity. 79 Therefore, legalization often drives them into street prostitution, and

many women choose street prostitution because they want to avoid being controlled and

exploited by the new sex businessmen. 80

The growth of prostitution in Australia since legalization has been largely in the

illegal sector. In Sydney there are 400 to 500 brothels, most of which do not have a

license to operate. 81 Since the onset of legalization in Victoria, 'brothels have tripled in

number and expanded in size; the vast majority having no licenses but advertising and

operating with impunity.' 82

Legalization of prostitution in Nevada, Gennany, Australia and the Netherlands

has resulted in an increase in illegal, hidden, and street prostitution. 83 Decriminalization

and legalization promote sex trafficking. 84 Gennany and the Netherlands are currently

reconsidering whether to get rid of legal prostitution because of these social problems. 85

79 /d.

so Id

81 /d.
82
Mary and Jeffreys Sullivan. Legalising Prostitution is Not the Answer: the Example of
Victoria, Australia. Coalition Against Trafficking in Women, Australia and USA, (2001),
http://action.web.ca/home/catw/attach/AUSTRALIAlegislation2000 l.pdf.
83
PRE. Myths and Facts About Nevada Legal Prostitution, (20 10),
http://www.prostitutionresearch.com/faq/OOO 146.html.

84/d

18
 iii. Legalizing Prostitution Increases Child Prostitution

Not only does legalizing prostitution increase hidden prostitution, but it also

increases child prostitution. An Amsterdam-based Child Right organization estimates that

the number of the children in prostitution has gone from 4,000 children in 1996 to 15,000

children in 2001, and that at least 5,000 of the children are from other countries. There is

also increased evidence of organized commercial exploitation of children in Australia.

The FBI arrested nearly 900 people in a nationwide crackdown on sexual

exploitation ofchildren. 86 Of those, 51 adults were from Vegas. 87 Since 2003, over 1000

children have been rescued from prostitution in Nevada, with many more left to still be

rescued. 88

iv. Legalizing Prostitution Does Not Promote Women's Health

Legalizing prostitution does not promote women's health. A CATW89 study

reported that 47% of women stated that men expected sex without a condom, 73%

86
Nevada Public Radio. Child Prostitution in Nevada, (Nov. 16, 201 0),
http://www.knpr.org/son/archive/detail2.cfm?SegmentlD=7341 &Program1D=2096.

87 Id

88 Id.
89
The Coalition Against Trafficking in Women (CATW) is a non-governmental
organization that promotes women's human rights. It works internationally to combat
sexual exploitation in all its forms, especially prostitution and trafficking in women and
children, in particular girls.
19
reported that men offered to pay more for sex without a condom, and 45% of women said

they were abused if they insisted that the men use a condom. 90

The safety policies in many legal brothels simply do not protect women from

harm. Women who work in these brothels have indicated that they were abused by

buyers, brothel owners, and even their friends. 91 'Although 60 percent of women reported

that buyers had sometimes been prevented from abusing them, half of those women

answered that, nonetheless, they thought that they might be killed by one of their

'customers'.' 92

CATW is composed of regional networks and of affiliated individuals and groups. It

serves as an umbrella that coordinates and takes direction from its regional organizations
and networks in its work against sexual exploitation and in support of women's human
rights.

CATW brings international attention to all forms of sexual exploitation, including

prostitution, pornography, sex tourism, and mail order bride selling. Working with
national and international policy makers, women's rights and human rights advocates, and
the United Nations, it promotes the fundamental human right of women and children, in
particular, girls, to be free from sexual exploitation.
90
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. ofTrauma Pract.
315-332 (March 25, 2003).
91
Janice G. Raymond, Guest Editor's Introduction, Violence Against Women. (2004).

92Id.

20
 v. Legalizing Prostitution Does Not Enhance Women's Choice

Making prostitution legal does not enhance women's choice. Prostitution for most

women is an involuntary way of making ends meet. A 2009 article in the Guardian93

stated that some brothels 'impose some extraordinary restrictions on commercial sex

workers' in order to 'separate sex workers from the local community' .94 It was noted that

there are brothels that will forbid prostitutes to leave the worksite for extended periods of

time. 95 Some require that the prostitutes leave the county when they are not working. 96

Other places, including Nevada, do not allow the children of the women who work in the

brothels to live in the same area. 97 Some brothel workers who have cars must register the

vehicle with the local police and are not permitted to leave the brothel after Spm. In some

counties, registered sex workers are not allowed to have cars at all. 98

93
The Guardian, untill959 known as The Manchester Guardian (founded 1821), is a
British national daily newspaper in the Berliner format. Currently edited by Alan
Rusbridger, it has grown from a 19th-century local paper to a national paper associated
with a complex organisational structure and international multimedia presence with sister
papers The Observer (British Sunday paper) and The Guardian Weekly, as well as a large
web presence.
94
Melissa Ditmore, Sex and Taxes, The Guardian (London), April 16, 2009.

95 /d.

97 !d.

98 !d.

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 Most women in prostitution did not make a rational choice to enter prostitution,.
99
Rather, such choices are better termed survival strategies. Rather than agreeing to

become a prostitute, a woman more accurately 'complies' with the only options available

to her at that point in time. 100

Most of the women interviewed in CATW studies reported that choice in entering
101
the sex industry could only be discussed in the context of the lack of other options.

Most emphasized that women in prostitution had few other options. Many spoke about

prostitution as the last option, or as an involuntary way of making ends meet. In one

study, 67% of the law enforcement officials that CATW interviewed expressed the

opinion that women did not enter prostitution voluntarily. 72% of the social service

providers that CATW interviewed did not believe that women voluntarily choose to enter

the sex industry. 102 The CATW studies are thoroughly conducted and therefore can be

well-relied upon.

The CATW study continued to explain that:

"There is no doubt that a small number of women say they choose to be in

prostitution, especially in public contexts orchestrated by the sex industry. In the
same way, some people choose to take dangerous drugs such as heroin. However,
even when some people choose to take dangerous drugs, we still recognize that
this kind of drug use is harmful to them, and most people do not seek to legalize

99
Janice G. Raymond, 10 Reasons for not Legalizing Prostitution, 2 J. of Trauma Pract.
315-332 (March 25, 2003).

100 !d.

101 !d.

102 !d.

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 heroin. In this situation, it is harm to the person, not the consent of the person that
is the governing standard. When a woman remains in an abusive relationship with
a partner who batters her, or even when she defends his actions, concerned people
don't say she is there voluntarily. They recognize the complexity of her
compliance. Like battered women, women in prostitution often deny their abuse if
provided with no meaningful alternatives.' 103

The ILO [International Labour Organization] 104 also reported that most women

'choose' prostitution purely for economic reasons. 105

103 Id.

104
To address the problems caused by the industrialization of Europe in the 19th century,
Robert Owen of Wales, and Jerome Blanqui and Daniel Legrand of France, among
others, brought the need for international cooperation in setting labor standards to
international prominence. The reasons articulated for the necessity of cooperation were
both benevolent and economic. Cooperation was necessary to eradicate poverty and
injustice, not just to protect workers, but also to prevent the social unrest these conditions
could engender. Furthermore, international cooperation was necessary because each
nation would be at a competitive disadvantage if it imposed higher standards unilaterally.
Ultimately, these concerns led to the formation of The International Labour Organization
on April 11, 1919 as an affiliated agency of the League of Nations. The original ILO
Constitution was drafted as Part XIII of the Treaty of Versailles. After the creation of the
United Nations, the ILO became the first specialized agency to be affiliated with the UN
in 1946.

The ILO website states the organization's goal as "bringing decent work and livelihoods,
job-related security and better living standards to the people of both poor and rich
countries." From its inception, the ILO has recognized social justice as a prerequisite to
world peace. After the Second World War, its aims and purposes were reasserted and
strengthened in The Declaration ofPhiladelphia, adopted on May 19, 1949. [perhaps
some of this should go in the text]

105
Diane Post. Legalizing Prostitution: A Systematic Rebuttal, (1999),
http://prostitution. procon.org/view.resource. php?resourceiD=OOO 115.

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 vi. Legalizing Prostitution Takes Away From Family Values

Not only does legalizing prostitution hurt women and children, but it also hurts

families. What legalizing prostitution does is create in increase in infidelity, which, in

turn, creates an increase in divorce. 106

IV. CONCLUSION

For every argument insisting that legalizing prostitution is the better choice, there

is a stronger counter argument. Not only is there a stronger counter argument, but there

are clear examples in the countries and places that have legalized prostitution showing

that legalization is not the solution.. Legalizing prostitution in these areas has led to more

problems than had the matter been left alone and kept illegal. Legalization of prostitution

is undoubtedly the wrong decision.

106
Kingsley Davis, The Sociology of Prostitution, 2 Amer. Soc. Rev. 744-755 (1937).
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