Here are the Reasons Why I Think Prostitution Should Be Legalized

Photo Source: Soodmand

Photo Source: Soodmand


Whether “Your Choice, Your Vote 2016” results in a Republican or Democrat president, one piece of new legislation that I would like to see on his or her agenda is the legalization of prostitution.

To all those in my “conservative” circle of friends, family and acquaintances, please don’t beat a path to my door to tar and feather me. I’m addressing legalities, NOT moralities. I have valid reasons for wanting to see prostitution legalized. Prostitution has been called a “victimless” crime. Many people disagree. I’m not one of those people.

You may ask:

  • What about the families of the men (and women, because prostitution isn’t solely a female occupation) who avail themselves of this service?
  • And what about the customers/clients who come away with a sexually transmitted disease of some kind? Aren’t they victims of prostitution?

I submit to you that they are not. There are no “victims” of the act of prostitution itself. The “victimization” occurs when a client assaults the professional – rape, battery, etc., robs them of their fee, drugs them, frames them for murder (clearly I’ve been reading too many crime thrillers and watching too many police procedural shows on TV), or numerous other crimes, including sex trafficking and child prostitution. These crimes may likewise be perpetrated upon the client by the prostitute. Those are the ONLY  instances in which a simple transaction becomes a crime…just like any other simple transaction involving two or more individuals.

While adultery (and yes, having sex with someone other than your spouse is adultery, just in case you were wondering) is (morally) grounds for divorce, it is NOT a crime in the USA. Therefore, when one’s spouse has sex with a prostitute in the USA, it should not be a crime. Ergo, there is NO VICTIM – victimLESS “crime.” And if prostitution were legal, the word “crime” wouldn’t even appear in this paragraph.

If a customer/client’s sexual interaction results in a STD, that MIGHT be a crime, if the service provider knew they carried a potentially life-threatening or health-threatening disease and didn’t take steps to either inform their client, and/or use protection (usually termed “negligence”). The client and sex worker should use protection in any case, because probably neither one practices monogamy. There’s a reason it’s called “safe sex.”

Prostitution should be legalized and called something less derogatory, such as “Sex Worker” or “Licensed Companions” (a moniker borrowed from J.D. Robb IN DEATH mysteries).

Here’s my reasoning:

  • Prostitution is one of the oldest occupations known to man. It’s been around at least since the days of Lot (read your Bible, book of Genesis) and will be around until the Second Coming.
  • Prostitution is, at its core, a simple transaction – a trade of money for a service. As long as all parties are of legal age and ability to consent, according to the laws of the land in which it occurs, since when is a simple transaction a crime?
  • Here’s the important one: the government could tax and regulate the occupation of prostitution.
  • If prostitution was legalized and regulated, then it would be an insurable and licensed occupation; yearly health exams for sex workers.
  • If prostitution ceased to be a crime, then law enforcement would be able to stop wasting time trying to clear the streets of sex workers or setting up sting operations to catch clients.
  • People (and the media) wouldn’t care so much about who/where/when government officials and employees sleep with on their own time.
  • Clients could be assured of legal protection from unlicensed sex workers or those who haven’t kept up with their yearly medical exams.
  • Sex workers would have greater legal protection from unsavory clients.
  • Prostitution is legal in Nevada. (Why are they so much more progressive than the rest of the USA?)

prostiution2Another good reason for prostitution to be legalized: pornography (such as adult films) is legal in the USA, for the most part (with some qualifications, like no images/videos of minors, no sales to minors, etc.). And I can guarantee that adult film stars are better treated than prostitutes. Why is that? There’s really no difference in their occupations. Adult film stars have sex on camera for money. Prostitutes have sex …where ever… for money. How are these two things different?

We have a political policy of separation of church and state in the US. Yet, laws against prostitution are “morality” laws, which is a close cousin to “religion.” That’s a mighty fine line. So much so that it’s almost an invisible line. There are so many other things to worry about in our world – feeding and housing the homeless, ending child abuse, ending domestic abuse, ending rape and murder…why do we care if consenting adults want to charge and pay for sex with other consenting adults?

I was interested to see what others have to say about this topic, and found a lot of opinion pieces. Because this is a blog post and not a book, I’ll leave you with just a few of those pieces, just in case you’re interested.

What do you think? Should prostitution be legal nationwide in the USA? Or should we keep the “morality” law in place and continue to waste valuable law enforcement resources – and fire Secret Service members who solicit – enforcing morality instead of focusing on safety and chasing the real bad dudes and dudettes?


Filed under Law, Legal, Life, Morality, Musings, Politics, Real Life, Sex, Writing

9 responses to “Here are the Reasons Why I Think Prostitution Should Be Legalized

  1. Excellent treatment of the subject. As in other areas, when a good or service is made illegal, it does not go away. It becomes the subject of a black market which invites whatever forms of abuse and exploitation are possible in its context.

  2. Reblogged this on cabbagesandkings524 and commented:
    Wendy sets out a clear and rational argument.

  3. Thank you for this interesting post. I agree with you that prostitution should be legal. Here in the UK it is legal to pay for sex with a person aged 18-years-of-age or older provided they have not been forced into prostitution. Many of the activities associated with prostitution are, however illegal. It is legal for a single sex worker to ply his (or her) trade from premises. However it is illegal for 2 or more sex workers to operate from the same premises. Many sex workers argue (rightly) that this makes their calling more difficult as there is (generally) safety in numbers and single operators are at greater risk of violence and/or theft than are those who work with others.
    It is illegal for someone not themselves engaged in prostitution to profit from the service. Consequently escort agencies who provide escorts/companions (the majority of whom provide sexual services) are breaking the law, while those furnishing the actual service are not. Agencies get round this by saying they are providing companionship only and that anything else which may occur is a matter between 2 or mor consenting adults. For the most part the authorities leave agencies alone unless they suspect they are providing underage escorts or drugs. As the service furnished by escorts almost always takes place in people’s homes or hotel rooms it does not (usually) cause a public nuisance so the authorities turn “a blind eye” to the service.
    I have written several poems on this subject including one entitled “Waltz”:

    “It takes a couple to waltz.
    With beauty charming
    And character disarming
    She does dance
    And romance
    Until the sun’s ray’s lance
    The comforting dark
    And a new day starts.

    Both parties are willing
    But does the payment of a shilling
    To the girl
    Who does so seductively twirl
    Render their interaction
    An exploititive transaction
    And the waltz false?”.
    Best wishes, Kevin

    • Kevin,

      Thank you for your comments and for sharing the lovely poem.

      Hopefully, the powers that be in the US government following the election, will address this issue & realise that it would be more beneficial than a nuisance to legalise prostitution.


  4. I couldn’t agree with you more, Wendy. Here’s hoping the laws change soon.

  5. This is a GREAT piece. I agree with you 100% that prostitution should be legal. There are so many other things we need to be focusing on as a country and as a society besides what two consenting adults do when it comes to sex. If a man or a woman, who are of legal age, want to exchange money for sexual services then who are we to tell them they can’t.

    Another positive that would come from the legalization of prostitution is the idea that “sex workers can’t be raped” would disappear overnight, hopefully. If a spouse, a partner in a long term committed monogamous relationship, boyfriend/girlfriend, or person on a date can be victims of rape so can sex workers. Just look at the case of adult film actress Stoya for more proof of that. The idea exists that they “can’t be raped because of their chosen profession” is the most idiotic thing I’ve ever heard. It ranks up there with the idea that a woman was “asking to be raped” because of clothing/behavior.

    Legalizing prostitution would also be a financial boom for states with all the licenses, fees, and taxes (you can’t forget about the taxes) that would come along with it. States like mine – Oklahoma – would see money flowing in like crazy. With legalized prostitution my state would be able to raise the salaries of our teachers, police, firefighters, and state employees – some of whom haven’t seen a pay increase in almost a decade – and the state would be able to stop gutting the Dept. of Education and Dept. of Health & Human Services budgets every time the price of oil drops. It might even ease the overcrowded prisons and county jails in my state. If you’re no longer arresting prostitues and their clients that frees up cell space for people who ACTUALLY belong in our jails and prisons.

    The legislation to legalize and regulate prostitution nationally would be quite simple depending on how the “powers that be” want to do it. They could use Nevada’s law and implement it nationwide or use it was a blueprint. They could – like in Nevada – say that brothels can’t be located in counties with a population of more than X thousands and street walking is prohibited. Or using Nevada as the aforementioned blueprint they cherry pick the parts they like and add to it. Treat the health exams the way they do in the adult film industry with monthly health checks that are mandatory. Those failing to keep up with the health screenings would be subject to a progressive scale of enforcement, much like state/county health departments use with restaurants. The licenses should either be good nationally or transferable to other states in the same way driver’s licenses are.

    The two oldest professions known to man are war and prostitution. Ever since bands of hunter/gathers started settling down in permanent villages we’ve had warriors and we’ve had people willing to trade goods for sex. We keep coming up with new and inventive ways to protect our warriors and to kill their warriors so how about we do something similar as far as prostitution is concerned and modernize our outlook on it. Let’s start with getting rid of the Puritanical idea that it’s “wrong” and a “crime”. Let’s start by looking at it as a job or a profession, but not in the way society views exotic dancers and adult film actors/actresses. But in the way society views sexual therapists, cooks, flight attendants, and a whole variety of other things people do and get paid for their skills – as a job or a career.

    Sex work is one of the oldest jobs out there. It’s high time we get rid of the stigma that goes along with it. And much like other divisive around us today – like abortion or same-sex marriage – if you don’t agree with or like prostitution don’t go procure their services, but don’t stop others who do and who want to procure their services. It’s as simple as that.

    P. S. I am in no way advocating for sex trafficking, children or adults. I’m also in no way advocating for minors to get involved in prostitution. My argument here as been strictly in favor of the legalization of prostitution for those who are LEGAL ADULTS, even if that means a national age of consent law of 18, since ag of consent does vary by jurisdiction.

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