Witt 1

Jenn Witt
Professor Caitlin Doyle
English Composition 1001
31 March 2016
Should Prostitution be Legalized?
One of the oldest professions known to man, prostitution generates a whole spectrum of
opinions and judgments within American society. This brings up the question as to whether or
not prostitution should be made legal nationwide. Although arguments can be made on both
sides, the position favoring the legalization of prostitution is more widely supported. In states
where it is already legal, statistics show a reduction of violence in a legal brothel where the
prostitutes work in a contained environment, as compared to street prostitution where violence
occurs more rampantly out in the open. A brothel is defined as a house where men can go to pay
for sexual acts with a sex worker (The Definition of Brothel). In addition, statistics show a
decrease in sexually transmitted diseases in states where prostitution is legal. The prostitutes are
in a safer setting with less connection to criminal activity. However, the issue of immorality is
the most prevailing argument for those who oppose legalization. Despite some opposition, the
benefits of the legalization of prostitution are overwhelming and include less fear among the
prostitutes to report violence against them, a decrease in rape crimes, and a decrease in sexually
transmitted diseases.
One of the major consequences associated with prostitution is that it can be closely linked
to unwanted, violent sexual behavior. This extreme behavior can be unsolicited and criminal in
and of itself. Added to the fact that it occurs during an illegal business deal, it becomes even
more horrific. If a prostitute is working in a state where prostitution is illegal and she is brutally

Witt 2

sexually assaulted, she becomes a victim who is unlikely to report the crime against her for fear
of being arrested herself. The one who assaulted or raped her is less likely of being held
accountable for his crime. The violence that accompanies illegal prostitution is largely associated
with the inability for the sex workers to come forward and report that a crime has occurred. The
fear in these prostitutes scare them away from being able to use free services that are offered
such as treatment of sexually transmitted diseases (Wilson). With legal prostitution and without
the threat of punishment, it becomes possible for prostitutes to get justice for any violence that
they encounter.
Studies have shown that if prostitution were granted legal status as a profession, the
percentages of rape and sexually transmitted diseases (STDs) would sharply decrease. By
regulating prostitution within a legal brothel, there would be regulations that would be enforced
as opposed to unregulated behavior with street prostitution. A study showed that, In 2000, the
rate of infection from AIDs and STDs for legal prostitutes was zero (Rayborn 129). While in
these brothels, the sex workers would be required to take tests for HIV, gonorrhea, syphilis, and
chlamydia. Once the workers had started, they would be required to get tested for chlamydia and
gonorrhea weekly and tested for HIV and syphilis monthly. These strict test requirements, along
with all of the clients being required to wear condoms, would result in a dramatic decrease in the
transmission of STDs (Rayborn 129). Conversely, prostitutes who remain on the street are
conducting their business without any rules and are typically under the control of a violent pimp.
Doctors have supported the legalization of prostitution, because it would require the sex workers
to take medical tests (Hayes-Smith). If a worker tested positive for any of these tests, he or she
would not be able to continue working. In contrast, a worker on the street would not be regularly
tested and the spread of STDs without knowledge would be expected to greatly increase.

Witt 3

The best way to know if a theory is effective is by evaluating a real life example of it. In
this case, to determine the effect of the legalization of prostitution, one only has to study places
where it is already legal. In 1980, Rhode Island accidently made prostitution legal by deleting
essential language in their state law (Ehrenfreund). They used this error to look at the statistics of
what the aftermath was afterwards. Through this information, they concluded that by removing
the criminalization of prostitution and eliminating the possibility of punishment of the sex
workers, the presence of both STDs and violence against women in society was greatly reduced
(Ehrenfreund). Although the law inadvertently legalized prostitution, the law still prohibited
pimping, trafficking, and streetwalking. Therefore, all of these interactions were performed in
brothels. Statistics show that statewide gonorrhea amidst women sex workers had decreased
39%, while the number of rapes had decreased 31% (Ehrenfreund). Prostitution is also currently
legal in some parts of Nevada where they do have restrictions on where they can be located. In
order to maintain an image of public decency, they banned brothels anywhere within 400 yards
of religious buildings, schools, and churches (Miller, Haltianger 234). This helps preserve the
respectability within the community, and eliminate the visibility of these brothels. Nevada also
passed a statue making it illegal to advertise for these brothels in public areas (Miller, Haltianger
236). While these houses are being hidden from the public, no one involved has a right to stop
these women from partaking in the profession they chose. A specific legal brothel currently in
business is Sheris Ranch. Within these legal brothels, the requirements and rules keep the
operation running smoothly. The prostitutes that work within this brothel are all tested for HIV
and STDs in order to obtain employment on the ranch (Sheris Ranch). Every worker is
routinely tested for STDs and STIs weekly, and tested additionally when they have left the ranch
for more than 24 hours (Sheris Ranch). Brothels decrease violence against workers as well,

Witt 4

because the workers are in a safer place than when they are being pimped out on the street. Every
woman has their own sex menu that customers can look at before choosing which girl they want
to hire. This allows women to be able to choose what they are willing to do, and not be forced
into anything sexually they do not want to do. Every worker also has the ability to be an
independent contractor and set the prices they want for each sex act (Sheris Ranch). Each of
these two states has provided evidence that the legalization of prostitution has multiple beneficial
effects; why not continue this trend?
Many people argue that the legalization of prostitution allows too much government
control over the girls, and that it requires registration and licensure. The argument of government
control has some validity, but with legal prostitution, the government would simply be playing
the role that the pimp once did. In order to keep the health and safety of the prostitutes a priority,
the government would have to exert some type of control and supervision. Surveillance,
governance, and ensuring the workers only perform their job inside designated areas are a
necessary part of the regulation of this profession (Rayborn 130). With regards to the registration
and licensing argument, that holds little to no weight at all. In order to recognize prostitution as
an actual profession, basic standards such as licensure and registration would need to be met, just
like with lawyers and doctors (Rayborn 131). Another advantage of legitimizing prostitution as a
profession is that it would provide these workers the opportunity to receive benefits, including
health insurance through employer based programs (Rayborn 131). Many say that legalization
will cause STDs to skyrocket, but research shows that it will have the exact opposite effect. It is
a plausible argument, but if one was to look at all the rules and regulations put into place that are
not enforced on the street, it would be nearly impossible to have that opinion. Brothels will
certainly ensure more safety for the workers than violent pimps can offer on the streets.

Witt 5

Whether prostitution is legalized or not, the profession will, undoubtedly, continue

illegally on the streets. By not legalizing it, all the society is doing is putting these women at
more risk than need be. Some opponents of the legalization of prostitution might argue that
legalizing prostitution gives men an incentive to traffick girls. Although many may see this as an
incentive, some could also see it as a drawback. For example, when things are illegal, organized
crime can come into play. Criminals, pimps, prey on the prostitutes and can take financial
advantage over the industry without any government surveillance. Sociologists have studied that
the legalization of the business reduces the financial incentive of criminals. In other words,
organized crime, for the most part, begins when things are prohibited or taken away
(Ehrenfreund). This is well illustrated in Nevada, where it is already legal, as they have
established specific laws in order to counteract this type of effect. The Nevada legislature wanted
to be able to ensure that the prostitutes working in these brothels were there of their own free
will. To make certain that this would happen they passed laws that prohibited pimping and
pandering. The penalties for those who broke these newly passed laws were made harsher as well
(Miller, Haltianger 237). Therefore, it becomes clear that when prostitution is legalized and
government is managing the regulations and supervising the industry, the result is positive with
less criminal interference and more protection for the workers.
The moral aspect of prostitution is an important consideration. Many people judge what
is proper and respectable behavior and what is not. These opponents argue that it is not right to
put a price on ones body and sell oneself like that. However, others believe in a persons right to
make that decision for oneself. Everyone chooses their own profession, and decides how they
want to obtain their income to make a living. Who are we to tell them that they cannot do what
they want with their own body? Additionally, those who are against legalization claim that

Witt 6

prostitution encourages infidelity. This point is debatable, as the desire of someone to cheat on
his spouse does not originate with the idea of paying for sex. Married people can just as easily
cheat on their spouse outside of this profession in a different manner (Is Prostitution Morally
Wrong?). One should not impose personal, moral beliefs on others, nor judge what someone
else wants to do with his/her own body. Morality can be a very controversial issue. There are,
however, other activities which are commonly judged as improper, but which are legal. For
example, both adult pornography and the business of gambling are legal. The argument that
prostitution should remain illegal while these other morally questionable activities are legal is
inconsistent. These prostitutes should not be legally discriminated against solely because some
do not believe that their profession is decent or noble.
Although the notion of legalizing prostitution throughout America encounters natural
resistance simply from an ethical standpoint, one cannot deny the immense advantages that
would occur as a result of legalization. As seen in Nevada and Rhode Island where prostitution is
legal, evidence shows that regulation of the business, routine testing of the workers and safe
work places such as brothels result in less violence and less disease. In addition, by legitimizing
the profession, the involvement of organized crime declines and the health and safety of the
prostitutes becomes a priority. As it is now, the sex workers are made out to be the criminals in
any case of violence against them, and this needs to change. Legalization will prevent the fear in
these women of becoming a victim, and allow them to come forward and get justice for
themselves for any violence that has occurred against them. Prostitution is victimless, and should
not be considered a crime.

Witt 7

Works Cited
Hayes-Smith, Rebecca, and Zahra Shekarkhar. "Why Is Prostitution Criminalized? An
Alternative Viewpoint On The Construction Of Sex Work." Contemporary Justice
Review 13.1 (2010): 43-55. Criminal Justice Abstracts with Full Text. Web. 4 Mar. 2016.
"Is Prostitution Morally Wrong?" Is Prostitution Morally Wrong? N.p., n.d. Web. 30 Mar. 2016.
<http://www.debate.org/opinions/is-prostitution-morally-wrong>.
Miller, Coty R., and Nuria Haltianger. "Prostitution And The Legalization/ Decriminalization
Debate." Georgetown Journal Of Gender & The Law 5.1 (2004): 207-242. Academic
Search Complete. Web. 15 Mar. 2016.
Rayborn, Jared R. "Regulated Prostitution As A Component In The Fight Against Human
Trafficking In Oregon." Willamette Law Review 50.1 (2013): 115-162. Academic Search
Complete. Web. 3 Mar. 2016.
"Sheri's Ranch | A Legal Brothel near Las Vegas." Sheri's Ranch | A Legal Brothel near Las
Vegas. N.p., n.d. Web. 04 Mar. 2016. <http://www.sherisranch.com/>.
"The Definition of Brothel." Dictionary.com. HarperCollins, n.d. Web. 30 Mar. 2016.
<http://www.dictionary.com/browse/brothel>
Wilson, Clare. "Safer Sex Work." New Scientist 228.3051 (2015): 26-27. Academic Search
Complete. Web. 3 Mar. 2016.