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Running head: OPPOSING VIEWS ON LEGALIZING PROSTITUTION
Notes and Bullet Points on Opposing Views on Legalizing Prostitution/Sex Work
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OPPOSING VIEWS ON LEGALIZING PROSTITUTION
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Introduction
The commercial sex industry has been a trade with a long and tumultuous history. Across
history, this trade has been a continuing conundrum, with people arguing either for or against it.
Recently, debate has shifted on whether it should be legalized or criminalized, with many nations
choosing to enact laws for either. This paper elucidates five points each in support of either the
legalization or criminalization of the commercial sex industry.
Arguments Against Legalizing Prostitution
1. Whether legal or not, prostitution brings about so much harm and trauma.
Research suggests that prostitutes still face abuse and violence from their customers, those
who manage them, and even the police. More so, even with legalization, sex workers are
still stigmatized in society. All these eventually lead to increased physical and emotional
suffering on the part of sex workers. In addition, most sex workers are female or
transgender women; this increases the propensity for experiencing gender-based violence
at the hands of male sex buyers (“Demand Abolition,” n. d.).
2. Legalizing prostitution does not reduce illegal prostitution.
A regulated commercial sex industry does little to curb the illegal side of it. In particular,
research elucidates that legalizing prostitution might be a precursor to an increase in
prostitution. Some countries in Europe have in the past found that after legalizing
prostitution, there was a significant increase in the illegal commercial sex market
(“Demand Abolition,” n. d.).
3. Legalizing prostitution increases human trafficking and organized crime.
With the increase in illegal prostitution, there is also an increase in kidnapping and human
trafficking, where women are then sold to sex merchants and brothels. For instance, Cho
OPPOSING VIEWS ON LEGALIZING PROSTITUTION
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et al. (2013) find that countries with legalized commercial sex work have higher human
trafficking.
4. Even with legalization, adherence to set regulations is low.
Prostitution is mainly done in secrecy and requires anonymity on the part of the seller and
the buyer. Therefore, even with regulation, it is difficult for sex workers to adhere to set
regulations.
5. Legalization does little to reduce the risk of transmission of sexually transmitted diseases.
Since legalization does little to reduce illegal prostitution, the prevalence of STI
transmission is also hard to curb since sex merchants are less likely to let their sex
workers seek medical care.
Arguments for Legalizing Prostitution
1. Legalizing prostitution would reduce crime.
Proponents argue that regulating prostitution will help reduce most of the crimes related
to it, such as kidnapping, sex trafficking, and gender-based violence.
2. Legalizing prostitution would improve public health.
Legalizing prostitution would enable sex workers to seek medical care whenever they
need to, thus in some way reducing impacts such as STI transmission. Research has it
that countries with legalized commercial sex industry have sex workers who have greater
health outcomes (McCann et al., 2021).
3. Legalizing prostitution aids the government to increase tax revenue.
When sex workers are licensed, it is easier for the government to collect taxes from them,
thus increasing revenue.
4. Decriminalization of prostitution maximizes sex workers’ legal protection.
OPPOSING VIEWS ON LEGALIZING PROSTITUTION
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When prostitution is legalized, sex workers can seek justice when they face violence and
abuse from their customers. This promotes their dignity as human beings as well as
equality.
5. Decriminalization of prostitution promotes human rights.
A regulated commercial sex industry helps ensure that sex workers human rights, as per
the UN’s Universal Declaration of Human Rights, are recognized and respected by all
(Fox, n. d.).
In conclusion, the commercial sex industry has been a critical part of the global community
for ages. Thus, it is essential for expansive research to be conducted to ensure that solutions can
be found. This is especially imperative to ensure the mitigating of the numerous crimes that are
associated with this industry. Overall, even if the criminalization of prostitution has been found to
in some way reduce the sexual service industry, there still exists countervailing evidence that
shows legal and regulated prostitution is safer and has positive impacts on all those involved.
OPPOSING VIEWS ON LEGALIZING PROSTITUTION
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References
Cho, S., Dreher, A. & Neumayer, E. (2013). Does Legalized Prostitution Increase Human
Trafficking? World Development. Vol. 41, pages 67-82.
https://www.sciencedirect.com/science/article/pii/S0305750X12001453
Demand Abolition. (n. d.). Why Prostitution Shouldn’t Be Legal.
https://www.demandabolition.org/research/evidence-against-legalizingprostitution/#:~:text=Many%20claim%20if%20the%20sex,pimping%2C%20and%20oth
er%20related%20crimes
Fox, J. A. (n. d.). International Law After Dark: How Legalized Sex Work Can Comport with
International and Human Rights Law. Chicago Journal of International Law. The
University of Chicago. https://cjil.uchicago.edu/print-archive/international-law-afterdark-how-legalized-sex-work-can-comport-international-and
McCann, J., Crawford, G. & Hallett, J. (2021). Sex Workers Health Outcomes in High-Income
Countries of Varied Regulatory Environments: A Systematic Review. International
Journal of Environmental Research and Public Health. Vol. 18, Issue 8. DOI:
10.3390/ijerph18083956 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8070506/

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