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Having recently published an essay on illegal drugs I felt like I might as well write on another controversial subject, that being prostitution. As I did with illegal drugs I want to examine how society and the law deals with prositution and other sexual services.
People sell sex in a variety of ways and have been doing so for thousands of years. Probably the most obvious example of commercialized sex is prostitution where a person engages in explicit sexual acts (usually some form of intercourse) with another person in return for payment. However, there are other forms of commercial sexual activity too. These include exotic dancing, where, for payment, the dancer exposes themselves and, in some cases, actually makes physical contact with a customer during a "lap dance", as well as the adult film industry where performers take payment in order to engage in sexual acts with other performers. Actually, depending on how broadly one wants to define a sexual service, you might include any business activity where employees are expected to behave in a sexualized manner as a form of sexual service; i.e. Hooter's restaurants or the like where the waitresses are expected to dress in uniforms that are revealing and, I suspect, are trained to flirt with the customers.
So, how does the law treat the selling of sex? Well, that depends on what kind of sexual service it is and where you are. In the past many places in Europe and North America had laws that prohibited or restricted the sale of many kinds of sexual services. For example, selling pictures of persons engaged in sexual activity or putting on a show involving nudity would likely result in you being accused of violating obscenity laws. Over time, as society's moral standards have changed, so has the law and now, in most of the Western world, it is legal to make and sell explicit sexual movies and photographs and to present live shows that involve exotic dancing or sexualized nudity. Even prostitution is now legal in some jurisdictions, such as in some European countries and in certain locations in the state of Nevada in the USA.
Interestingly, in Canada the law is rather confusing. Under Canadian law prostitution itself isn't illegal but many of the activities surrounding it are. It isn't illegal to buy or sell sex (unless the prostitute is under 18) but it is illegal to solicit/negotiate in public or to operate, or even be inside, a brothel. The way the law is worded it is possible that a place could be considered a brothel if it is used repeatedly for acts of prostitution. Thus, if a prostitute uses any location (even his or her own home) on a regular basis to go about his or her business then it could be deemed a brothel and thus he or she would be guilty of the crime of operating, or being inside, a brothel. This makes it difficult for a prositute to operate legally and so, in effect, it can be said that prostitution is illegal in Canada.
Having discussed the legality of prostitution I want to now, for a moment, look at prostitution and commercialized sexuality from a moral viewpoint. How does prostitution effect the individuals involved? Is selling sex morally wrong?
In my opinion prostitution is not, in and of itself, immoral. I know that some people will argue that it is inherently wrong to commercialize sex. They view sexuality as a very special, personal activity that should not be engaged in except as part of a relationship. I would agree that sexuality is very personal and I would also agree that it is best when it occurs within a committed relationship but it doesn't always have to. Sometimes sex can be merely a physical activity, a form of stress release or recreation, with no deep emotional connection attached to it and so, for that reason, I don't think that selling sex as a service is inherently wrong.
Although I am of the opinion that prostitution is not inherently immoral I do want to note that I acknowledge the selling of sex can sometimes be harmful and exploitative. Having worked as a security guard for a time I used to see street prostitutes on a fairly regular basis as I did my patrols. I remember one I met who told me her name was Trish. When I first met her she tried to pick me up, which I politely declined. I could tell from looking at her that she hadn't had an easy life. She looked worn out and tired and didn't seem too coherent sometimes (I suspect due to being under the influence of alcohol or some other substance). A fellow security guard told me that she apparently had once owned a daycare but had fallen on hard times, become addicted to drugs and now had to work as a prostitute to make enough money to pay for her addiction. I saw her around again from time to time for a year or so and then I didn't see her anymore. My hope is that she simply moved somewhere else but I sadly wouldn't be surprised if she passed away.
It is my belief that most of the people who work as "street prostitutes" are in similar positions to the one Trish was in. They are not there because they want to be. They are forced into street prostitution, either literally, by an abusive pimp, or by a desperate need to obtain money to pay for a drug addiction or simply because they are extremely poor. It is sad that people feel so desperate in their lives that they feel the only way they can get by is to sell their bodies and I think it is immoral for someone to take advantage of that desperation. It is my belief that it is morally wrong to purchase a sexual service from someone in a state of desperation.
So, when is selling sex wrong and when it is acceptable? When should society allow it and when should it step in to prevent it? In my mind this all comes down to a question of free and informed consent, as it usually does with matters of sexuality. Further, I believe that a decision can only be considered freely made if the person is neither physically forced to come to that decision (i.e. by violence or threats of violence) nor forced by economic circumstances (i.e. by the need to pay for drugs that cannot be paid for any other way or by extreme poverty). Even where a decision is not physically coerced a person's decision to sell a sexual service cannot be truly called free if he or she feels that he or she cannot survive financially except through prostitution.
Another issue that arises when discussing the subject of prostitution is how the sex trade impacts the community. Many people complain about the nuisances that prostitution can cause in their neighbourhoods. For example, many people feel uncomfortable observing prostitutes and their customers negotiating on the street or even engaging in sexual activity in public places, etc. As previously mentioned most, if not all, people view sex as a very personal activity and they don't like to see explicit sexual activity occurring in public places, especially where children might be exposed to such. These are valid concerns and I think that the current laws against public solicitation should remain in force for that reason.
However, when it comes to the other laws regarding prostitution I think we need some major reforms. The laws against brothels should be repealed. Prostitutes should be allowed to set up safe, clean brothels for them to operate out of. This would be safer for the sex trade workers as they could have other coworkers, or even security, nearby to protect them if necessary. It would also hopefully reduce the number of prostitutes working on the streets and consequently reduce the nuisance caused to neighbourhoods.
Additionally, government needs to establish programs to assist persons who are in the sex trade not of their own free will. There should be drug treatment programs to help them overcome their addictions and thereby eliminate the need to work as a prostitute and there should be programs to help them gain skills that they can use to find other employment. Also, to stop the spread of disease and to prevent pregnancies, free condoms should be distributed for those working in the sex trade and programs established where sex trade workers can be regularly tested for sexually transmitted diseases. |
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Posted by hairytoad2005 on 2008-01-02 05:35:50 | Rating: | Views: 90
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i think that the problem with prostitution is far too complex because of the emotions it brings out in the people discussing it. something in us all sort of internally flinches at the idea of sex being traded for cash in such a cold, dead, business transaction sort of way...but in my mind the biggest issue is not the business itself, its the sort of people the business attracts. yes, we could set up nice houses and legalize and regulate what happened in them...but you're still going to get the kind of man or woman whose views of sex and those they have sex with are somewhat warped. i don't care if it makes me unpopular to say, but hello, there is something not quite right about the person who either CANNOT get laid elsewhere with a free and willing participant, or else sees it as too much of a hassle to try. it seems on the surface like a simple idea to sell sex like we sell everything else, but lets look at the type of clients this business would appeal to and debate more so if these are the types of customers we want to encourage.
i think that taking something intimate and emotionally binding shouldn't be marketed any more than it already is...as a society we already have too many emotionally and spiritually broken people who've given up on real and lasting commited relationships.
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Posted by kmalbro
on 2008-01-02 10:44:05
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The problem that I have with prostitution isn't the selling of sex as that can be viewed as a commodity much the same as anything else is. It's with the vicious parasites who control, and abuse, most prostitutes. I agree that we should allow pros to open and maintain safe, clean houses to work, and to legalize it.
Kmalbro makes some valid points, but the hard truth is that, sometimes, men - and a few women, as well - simply want to have sex without any emotional strings attached.
And who else will let you dress up like a fireman and roll you in fruit salad before having sex with you?
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Posted by Indigo_Drift
on 2008-01-03 11:40:23
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