A Case For The Legalization of Sex Work

Running head: A CASE FOR THE LEGALIZATION OF SEX WORK 1
A Case for the Legalization of Sex Work
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A CASE FOR THE LEGALIZATION OF SEX WORK 2
Introduction
Sex work or prostitution is commonly referred to as the world's oldest profession. For
thousands of years, people have exchanged money and goods for sexual favors. This goes back
to the earliest civilizations of the world. The public views the buying and selling of sex as
degrading, dishonorable, despicable and there is a belief that is deeply rooted that prostitution
has been and will forever be a taboo (Weitzer, 2012). Sex work is officially regarded as one of
the ‘six vices' of the world along with gambling, drug trafficking, human trafficking,
pornography, and superstition. Due to this perception of sex work by the public, sex workers are
often mistreated and abused by members of the public including their clients and police officers.
A human rights report titled, ‘Abuses against Sex Workers in China' (2013) put into perspective
the various human rights violations that sex workers go through almost on a day to day basis.
Although sex work is illegal in most parts of the world, people who engage in sex work have the
same rights and freedoms as all the other people of the world. Some of the severe abuses that sex
workers go through include police brutality, discrimination, arbitrary detention, among others.
Punitive charges that are imposed on adults who engage in consensual and voluntary sexual
relations is a violation of the human rights that are internationally recognized such the right to
privacy and the right to personal autonomy.
The purpose of this paper is to argue a case of the legalization of sex work. Legalization of
prostitution has many benefits, and these benefits will be elaborately discussed in this paper. This
paper focuses on the number of reasons as to why sex work should be legalized and these
reasons are reduced violence against women, improvement in the health status of the health
workers and acquisition of workers' rights by the sex workers.
Reduced Violence against Women
Prostitutes all over the world are incredibly vulnerable to violence especially violence
that is done by their clients, pimps, and managers. Farley M. and Barkan H. (1998), in a study of
the prostitution in the city of San Francisco, California in the United States of America found out
that 82 percent of the prostitutes had been physically assaulted, 83 percent of them had been, at
one time or another, threatened with a weapon and 68 percent of them had been raped while on
their jobs as sex workers. A study by Potterat et al (2004) on the prostitutes of the city of
Colorado Springs, Colorado, USA, who had been identified as sex workers by the police and by
the health department of the city from 1967 to 1999, showed that prostitutes in the city were 18
times more likely to be murdered as compared to other women who were of the same age and the
same race. These numbers are not only staggering but also appalling at the same time. If this is
the situation that sex workers across the globe face, then it shows that they face grave danger
while on their work. Criminalization of sex work legitimizes violence and discrimination against
sex workers especially by law enforcement and health care providers, and it also makes the
authorities reluctant to offer protection and support for the sex workers.
Legalizing sex work would significantly reduce the violence that is directed towards
women who are sex workers. Weitzer (2012) concludes that once legalization has been done, the
following measures can be put in place to ensure the safety of the sex workers: - (a) there can be
intensified sanctions on people who abuse sex workers. This goes for everyone including the
pimps, managers, clients and anyone else who decides to direct abuse towards sex workers for
whatever reason, (b) the reporting of abuse by sex workers should be facilitated whereby police
officers are educated and sensitized to treat sex workers as they would any other human being
with internationally recognized rights and freedoms. Policemen should also know that it is their
responsibility as state officers to protect the sex workers as they would any other citizen of the
state. (c) Create ways whereby people like the sex workers themselves, or their clients or any
other citizen of goodwill can report the abuse of a sex worker anonymously. This can be done
through the means of a hotline number as is the case in the Netherlands.
Improvement in the Health Status of Sex Workers
It goes without saying that sex workers are at a very high risk of contracting diseases
especially sexually transmitted diseases and HIV. Since prostitution is illegal, sex workers have
been driven underground, and this makes it highly unlikely that they will use protection
whenever they have sexual relations with a client. Some pimps and clients, knowing full well
that sex workers cannot report abuses to police officers, force the sex workers to have
unprotected sex. As a matter of fact, police officers have been known to use the condoms that
they found on sex workers as evidence when they take them to court on charges of prostitution.
According to PROS Network (2012), it is no surprise that the sex workers will go working
without condoms.
In the state of Nevada, USA, there are areas where legalized brothels can be found.
Brents and Hausbeck (2005), carried out a study of these brothels by interviewing the sex
workers, the clients, and the managers. They found out that there were laws in place that ensure
that condoms were used every time that sex occurred. Apart from that, the sex workers were
tested regularly for sexually transmitted diseases and HIV. These tests were administered every
week or every fortnight. These laws go a long way in ensuring that the workers are in good
health and not only them but also the clients too. The sex workers in these brothels were in
complete support of decriminalization of sex work.
A report by the United Nation Development Program (UNDP) (2012) on sex work in
Asia and the Pacific Ocean said that the criminalization of sex work contributed greatly in
fuelling stigma and discrimination, limiting access to sexual health services, condoms, and harm
reduction services and adversely affected the self-esteem of sex workers and their ability to make
informed decisions about their health.
Weitzer (2012) proposes the following ways of ensuring the improvement of the health of
sex workers once prostitution is decriminalized: - (a) encouraging the use of safe sex practices.
This may be difficult to enforce, but it serves the interests of all the parties involved. Civic
education should also be conducted to all sex workers, managers and clients to show them the
benefits of safe sex, (b) regular test for sexually transmitted diseases and HIV should be
encouraged. However, these tests should not be made mandatory as this contributes to the stigma
that is directed towards sex workers.
Acquisition of Workers’ Rights by the Sex Workers
All workers who work in legitimate jobs in the world must enjoy workers’ rights or labor rights
as they are commonly referred to. In the United States of America, legally employed people
enjoy freedom from discrimination, are guaranteed a safe working environment and a guaranteed
a minimum wage which is increased on a regular basis. Sex workers are, however, in an illegal
business. Therefore, they do not enjoy any of these rights.
The United Nations Development Program (UNDP) (2012) report on sex work in Asia
and the Pacific recorded that's sex workers in all the countries of the region except New Zealand
and the state of New South Wales in Australia, did not have the fundamental labour rights
including the legal right to a safe and conducive workplace and reasonable terms and conditions
of employment.
Wietzer (2012) gave the following views on how the rights of sex workers can be
protected once the legalization of sex work is done: - (a) sex workers should be guaranteed the
right to refuse to engage in any sex act and to refuse to service a person. These rights are
supreme over those of the client and managers. The employers of the sex workers should be
responsible for ensuring that coercion and harassment do not occur in their places of work. (b)
There should be a prohibition of discrimination against sex workers and the other people
involved in the sex business. For example, in The Netherlands banks systematically refuse to
loan money to sex workers and people in the sex industry. (c) Sex workers should not have to
pay taxes accrued before decriminalization, and any criminal record that had to do with
prostitution must be deleted.
Conclusion
Sex workers are human beings just like any other human beings. They must be accorded
the same rights and freedoms all other human beings. For most of them, the choice to engage in
sex work was forced onto o them because of the socioeconomic circumstances that they found
themselves in. This trade should be legalized all over the world, and people should be able to
practice it under the full protection of the law. Furthermore, sex work is arguably a victimless
crime. It is consensual and voluntary action between adults. At the beginning of the paper, I
called sex work the world's oldest profession, and it is here to stay. It is part of the culture of the
people of the world. It is about time this part of life was legalized and regulated.
References
Barbara G. Brents And Kathryn Hausbeck (2005). Violence And Legalised Brothel Prostitution
In Nevada. 270-274
Farley M And Barkan H. (1998). Prostitution, Violence And Post Traumatic Stress Disorder. 37-
49.
Human Rights Watch (2013). “Swept Away”: Abuses Against Sex Workers In China. 1-2
Potterat, Brewer Et Al (2004). Mortality In A Long Term Open Cohort Of Prostitute Women.
778-785
Ronald Weitzer (2012). Legalizing Prostitution. From Illicit Vice To Lawful Business. 3, 204-
214
The PROS Network (2012). Public Health Crisis: The Impact Of Using Condoms As Evidence
Of Prostitution In New York City. 11-13
United Nations Development Program (2012). Sex Work And Law In Asia And The Pacific.
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Running head: A CASE FOR THE LEGALIZATION OF SEX WORK 1

A Case for the Legalization of Sex Work

privacy and the right to personal autonomy.

workers and acquisition of workers' rights by the sex workers.

Reduced Violence against Women

through the means of a hotline number as is the case in the Netherlands.

Improvement in the Health Status of Sex Workers

complete support of decriminalization of sex work.

informed decisions about their health.

that is directed towards sex workers.

Acquisition of Workers’ Rights by the Sex Workers

business. Therefore, they do not enjoy any of these rights.

prostitution must be deleted.

Of Prostitution In New York City. 11-13

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