Should Prostitution Be Legalized?

This is an article explaining the distinction between decriminalization and legalization of sex work. The overlying issue addressed by these questions is how to insure the safety of the women, men and transgendered people involved in the trade, as opposed to the futility of arguing for or against prostitution in the first place. I'm curious to find out what homelessnation has to say about these issues.

To learn more bout these issues, here are a few of the many groups in canada and around the world to offer first-hand information:
Stella: chezstella.org
Maggies: maggiestoronto.ca
Sex Workers Outreach Project: swopusa.org

Should Prostitution Be Legalized?
By Amelia

After last week's post about proposed legislation in
San Francisco that would decriminalize prostitution
and our poll that indicated that 73% of you not only
supported decriminalization but legalization as well,
we decided to take a more in-depth look at both. After
the jump, we break down the differences and the pros
and cons of both. There may be a soap box moment from
yours truly as well.

Decriminalization does not legalize sex-for-hire work,
but it does instruct local police departments to treat
these cases as a low priority, similar to the way in
which marijuana laws are enforced in the State of
California. Essentially, law enforcement looks the
other way, allowing prostitutes to have the peace of
mind to report crimes against them, or other crimes
they've witnessed, without fear of arrest. In some
decriminalization proposals, the money spent on
enforcing prostitution laws is redirected to social
service organizations.

Proponents of decriminalization say doing so gives sex
workers rights they wouldn't have otherwise (rights
that are impossible to have when your workplace is
"illegal") and offers prostitutes regular STD tests
and pelvic exams, without fear of being turned in.
When Berkeley, California, considered
decriminalization a few years ago, Carol Leigh, a
spokesperson for COYOTE (Call Off Your Old Tired
Ethics), a San Francisco-based sex workers rights
organization, said, "Generally, there is a distrust of
the police among prostitutes. If you are raped, you
don't go to the police." The theory is that
decriminalization would make sex work safer -- for sex
workers.
Opponents of decriminalization say that it would
increase crime and attract sex workers and johns from
other areas where sex work is criminalized. As a
result, law enforcement in these areas would be under
an even greater burden. Additionally, opponents say
decriminalization might as well be legalization, since
the laws are not actually actively enforced.
Legalization is what it sounds like. A few counties in
Nevada have legalized prostitution -- primarily,
prostitutes work in brothels with managers or madams.
The brothels pay taxes, are regulated by the local
government, and are an integral part of the local
economy. In addition, brothels require monthly blood
tests of sex workers, so as to safeguard against the
spread of HIV and other STDs.

Proponents of legalization ultimately believe that
outlawing prostitution violates an individual's civil
liberties and one's freedom to do what one chooses
with one's body. Like those in favor of legalizing
drugs, proponents of legalization of sex-for-money
argue that everyone benefits when sex work, which will
go on regardless of legality, is monitored and
regulated by the government. As a consequence, the
spread of STD's would lessen, as would violent crimes
against sex workers. Proponents point to Nevada's
relatively successful bordello system as evidence
legal prostitution can work.
Opponents of legalization believe prostitution
contributes to high crime rates, rates that would only
increase if prostitution were legalized. Many
opponents believe sex work is amoral, a so-called
profession that shouldn't be on a par with CEOs or
school teachers. Legalization, in opponents' eyes,
will lead to the downfall of American morality.
Since prostitutes must engage in sex work in a
clandestine fashion, identifying the number of
American women who engage in prostitution isn't easy.
Most calculations range between 230,000 and 350,000,
but some estimates run as high as 1.3 million. Some
women who go into prostitution do so out of
desperation. Some women do so for reasons that have
nothing to do with victimization.

When I was in college, I wrote an article for my
school paper about sex workers. One of the women I
interviewed, who worked in a Nevada brothel, came from
an upper-middle-class family, was a graduate of a
prestigious university, and became a prostitute
because she liked sex and found the profession
empowering. That's not always the case for women who
prostitute themselves, but the fact of the matter is
that making sex work illegal has done nothing to deter
men from soliciting or paying for sex.

The focus should be on keeping prostitutes safe, from
abuse, assault, rape, and murder, as well as from
sexually transmitted diseases. And if sex workers
should be required to get regular blood and STD tests,
so should the clients who see them. Whether these two
protections -- against violence and against disease --
come about through decriminalization or legalization
depend upon the letter of the law. Ultimately, I
believe sex workers shouldn't be treated like drug
dealers, violent criminals, or pimps who exploit women
for monetary gain.

Do you think prostitution should be decriminalized?
Legalized? Should a woman have a right to sell her
body for sex if that's her choice? We want to hear
your thoughts in the comments!