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Final Research Paper: Should Sex Work Be Legalized?

Introduction

Sex workers have overtime increased significantly globally, and depending on different

regions, sex work is understood differently. In some countries, sex work is legally accepted,

while in others, it is illegal to participate in sex work. Legalizing or illegalizing sex work has

sparked a heated debate for a long time. It is critical for those involved in sex work and

government agencies and the public to understand the impacts and consequences of legalizing or

illegalizing sex work. Most people often misunderstand sex work and think women only do it,

but also men are involved in sex work. However, women are more vulnerable in this sector than

men. In addition, the criminalization of sex work has consistently undermined human rights,

which should not be the case. The rationale of this topic on whether sex work should be legalized

or illegalized is to address the impacts that most people fail to understand that would result from

decriminalizing sex work or criminalizing it. Human rights watch conducted extensive research

on decriminalizing sex work, and it had valid reasons, including violation of human rights, that

should stop criminalizing sex work. However, other studies have proven that legalizing sex work

would promote human trafficking. Therefore, this entry focuses on the impacts of legalizing and

illegalizing sex work.

Background information
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Over the years, there has been a steady shift globally on the oppression and

criminalization of sex work policies. Sex work has been turned into trafficking, and there is a

steady rise in policing and persecution which becomes a result. The policies, among other

frameworks set, are punitive to the sex workers; thus, there is a need to review the effects of

punitive and repressive regimes. In many countries, sex work is a political waterbed aimed at

pushing and shoving sex workers all around through imposing regulations and controls that only

make things worse. As a result, criminalization has been against human rights and human health.

Criminalization can be termed to fight against sex instead of fighting the crimes committed

within the sector.

On the other hand, decriminalizing sex work has consequences too. It provides increased

health and social benefits to society and sex workers. Therefore, there is an increased economic

impact on the country and individuals. Therefore, criminalizing or decriminalizing sex work has

consequences, and it is up to individuals to determine what is good for the economy and socially

acceptable. In addition, effective regulation of sex work would also impact the sector, and the

deprived human rights of the sex workers would be protected. It is critical for the stakeholders,

including sex workers, legal experts, and the public should be involved to streamline what should

be done.

Research has evinced how an oppressive approach toward sex work is against human

health and rights. Thus, criminalizing sex work puts more harm at an alarming rate. The harm

induced by criminalizing sex work involves increased stigma by popularizing sex work as

immoral and illicit, further lowering the rights and privileges sex workers should have. The

stigmatization of sex workers contributes to undervaluing individuals, which can lead to

exclusion from social places.

Moreover, the risks and vulnerabilities of contracting sexually transmitted infections and

HIV infections, including sexual and physical violence, would multiply due to the

criminalization of sex work. Research conducted by Shannon et al. (2015) revealed that

decriminalization of sex work would avert about 40 % of sex workers from contracting HIV

infections. In addition, Shannon et al. revealed that police harassment and client violence would

reduce, and a safer sex workplace would increase the usage of a condom. All of these would be

attributed to the decriminalization of sex work. Other articles I reviewed indicated that cases of

HIV infections and STI infections were multiple, especially among sex workers who ever

experienced criminal-related experiences such as imprisonment. This causes sex workers to

engage in involuntary sex with law enforcement officers to avoid imprisonment.

Usually, many people wonder why sex workers involve themselves in such activities.

However, most sex workers engage themselves in these activities because they need to earn a

living, mainly because they find it the only best option they have. In addition, most of those

engaging in sex work struggle with deprivation and extreme poverty and lack alternative means

of making ends meet. Some find the activity to be more flexible with better working conditions

compared to other jobs, and also sex work pays well than other jobs. Some engage in sex work to

express their sexuality and for exploration.

Numerous attempts to protect sex workers have caused more harm than good in many

cases. In most cases, those who oppose sex work activities acknowledge the dangers sex workers

face by criminalizing the activity. Therefore, they tend to support a system that illegalizes the

purchase of sex services and the third parties rather than

criminalizing sex workers. Such a system aims to try to reduce the demand for sex work

and treat the sex workers as the victims and not the criminals. However, the model is not helpful
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because it sustains more stigma towards sex workers, resulting in prejudices in housing, health

care, and social services. In addition, the model does not offer a solution to the issue of

criminalization, thus causing sex work to be done underground, further pushing sex workers

from achieving the required safety.

Decriminalizing sex work that involves removing the administrative penalties on sex

work is essential to creating a safe, healthy environment for sex workers. Therefore,

decriminalization of sex work involves recognizing sex work as legal work and ensuring that sex

work is governed and controlled by labor laws, similar to other jobs. This is important because it

ensures that sex workers enjoy their human rights like other people engaged in other jobs. It is

evident that restrictive migration policies, precarious work, and gender inequality play the most

significant role in the exploitation and vulnerability of people. Therefore, to deal with human

trafficking and the exploitation of sex workers, there is a need to address economic injustices and

strengthen workers' rights.

According to sex workers, sex work is work, but there exists a debate about whether it is

good to work or harmful work. I can confidently say that it is not good work, and neither is it

empowering. Also, it is not harmless work. However, sex work is not harmful, but stigmatization

and criminalization cause the activity to be particularly harmful.

For a long time, oppression and criminalization have made transgender, street-based

workers, and migrant workers experience physical and sexual violence. The violence is

especially from the immigration officers and the police, including clients and pimps, and the

judiciary (Hoefinger et al., pg. 35). The abuse shown to these workers is thought to be

legitimized by the whore-stigma that supports cultural impunity for violence and aggression

towards sex workers. Criminalization and oppression deny sex workers protection under the law,
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which usually leaves the sex workers to run the risk of incarceration and heavy fines, especially

once they report crimes against them.

Fundamentally, sex work is a voluntary activity for both the client and the sex worker.

However, those against sex work often perceive it as something debased and devoid of activity

that loses the meaning of human value; thus, it should be intolerable (Jackson, and Jenny, pg.

77). Therefore, most of the legal frameworks set worldwide usually violate the rights of sex

workers with an argument that they aim to protect them. Often, in setting the frameworks

intended to protect sex workers, they are rarely invited nor their opinions accepted because they

are regarded as not useful in the fight against violence and abuse of commercial sex.

Decriminalizing sex work, too, has its consequences. A study conducted by Scott

Cunningham of Baylor University revealed the consequences of legalizing sex work through

research of more than six years of decriminalized sex work indoors in Rhode Island. The data

collected included that from massage parlors and escort agencies. One of the consequences that

was reported was that while sex work increased in Rhode Island, the cases reported of rape and

gonorrhea contraction reduced. Decriminalization of sex work proved to decrease the infection

rate of gonorrhea by 40% in females and by 30% in males.

Legalizing sex work empowers sex workers by allowing them to engage in less risky

behavior and enables them to seek protection and support from law enforcement agencies. In

addition, legalizing sex work enables the sex workers to have the power to bargain with their

clients and their managers, which further reduces the cases of physical violence. Through these,

they have the strength to demand safer working environments because they do not fear the risk of

legal ramifications.
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Sex workers are human beings who should be treated right. Society includes innocent

children who are not supposed to be engaged or should not be given a chance to have role

models from sex workers. Not because sex workers are monsters but because children can

engage in such activities before age. Considering these factors, it is essential to lay down

particular laws so that no one in society suffers from criminalizing or decriminalizing sex work.

Sex workers should come into reality and admit that openly practicing sex work would

corrupt children's morality. Therefore, they should advocate for their rights to be allowed to

practice sex work indoors and should license their brothels. This would eliminate the street-based

sex workers who are portrayed to paint a bad image of society.

The governments and other stakeholders should also admit that sex workers, especially

adults, do sex out of their consent, either as a business or for pleasure; thus, they should be

granted their rights. Governments are supposed to counterattack the crimes that could result from

legalizing sex work, such as increased human trafficking (Jackson, Crystal and Jenny pg. 42).

This would be easier to fight than the infections transmitted in cases where sex work is illegal

because sex workers do not have protection from the government.

In conclusion, the consequences experienced in countries that pursued the research on the

legalization of sex work were in controlled settings; thus, the consequences are largely unknown.

However, sex work is prevalent, and the consequences of decriminalizing or criminalizing it are

evident in regions where they are practiced. Those who practice sex work, either for money or

other purposes, should have the rights and freedom; after all, they offer their bodily services to

fulfill what they need. However, such acts should be regulated so that their rights and liberties

should not affect the morality and rights of other people in society. It is not easy to improve the

working conditions of sex workers, but decriminalizing it would be a critical step. The essence of
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decriminalizing it would not mean favoring the activity but giving the sex workers the rights and

privileges that everyone should have. Thus, this would call for long-term organizing, mobilizing,

and creating societal awareness to empower people on the issue of sex work.

Work Cited

Alzoubi, Rana Q. "Should Female Prostitution Be Legalized? An Opinion Survey of Jordanian

Citizens Living in the United States." (2018).

Boseley, Sarah. "Criminalisation of sex work normalises violence, review finds." London,

Guardian Newspaper (2018).

Hoefinger, Heidi, et al. "Community-based responses to negative health impacts of sexual

humanitarian anti-trafficking policies and the criminalization of sex work and migration

in the US." Social Sciences 9.1 (2019): 1.

Jackson, Crystal A., and Jenny Heineman. "Repeal FOSTA and decriminalize sex

work." Contexts 17.3 (2018): 74-75.

Srsic, Amanda, Katarzyna Dubas-Jakóbczyk, and Ewa Kocot. "The Economic Consequences
of Decriminalizing Sex Work in Washington, DC—A Conceptual Model." Societies 11.3
(2021): 112.