A Case for Legalized Prostitution

This guest piece was originally submitted as an academic paper and some formatting has been edited.

Prostitution is one of the oldest professions in existence.  Sumerian records show that sex was sold as early as 2400 B.C. Societies have attempted to get rid of prostitution almost since it began, usually because it violates a moral or religious belief.  The goals of those in favor banning prostitution are good, but when put into practice, prohibition yields dangerous consequences.  Throughout history, societies' efforts to prohibit prostitution in an attempt to protect morals and decrease the demand for paid sex have always resulted in a disregard for the law, the endangerment of sex workers, and the creation of an underground black market.


Although most people understand what prostitution is, few realize how many forms prostitution takes.  Some prostitutes live as slaves to pimps and experience extreme poverty while others take on an affluent lifestyle and can make thousands of dollars per day.  The sex trade exists in almost every society in the world and has connections with all socioeconomic levels.  The lowest level prostitutes roam the streets of urban areas soliciting themselves in search of clients and are sometimes referred to as “street walkers.”  This form of prostitution is often associated with drug abuse and pimping and is the most dangerous form of prostitution for the prostitute and the client.  A step above street walkers are prostitutes who search for clients in hotels or clubs.  These prostitutes are somewhat safer than street walkers but are exposed to some of the same harsh conditions.  The safest form of prostitution is the kind that operates out of a house or brothel.  Prostitutes employed by a brothel experience a high degree of safety but are forced give up a large portion of their earnings to the brothel to pay for that protection.  The wealthiest of prostitutes are known as “call girls” or “escorts.”  These prostitutes only work with well-to-do clients and can charge thousands of dollars for a single visit.  With prostitution integrated in every level of society it becomes apparent that eliminating it completely is no easy task.

The legality of prostitution varies significantly around the world. In the Netherlands, prostitution is completely legal in red light districts, but in Iran, it is punishable by death. In the United States, prostitution laws vary with region, but it is only completely legal in eleven counties of Nevada. In some places, like Canada, prostitution is decriminalized but not legalized. This means it is legal to sell sex, but certain actions associated with selling sex are illegal. These actions could include soliciting, advertising, recruiting, pimping or even communicating about prostitution. Some countries have decriminalized prostitution for the prostitute but not for the clients. The goal of this legal system is to reduce the demand for paid sex, without punishing the women who are slaves to the sex trade. Despite the good intentions of this legal system, it is contradictory to say that it is legal to sell sex but not buy it. Because there are such a variety of prostitution laws in the world, it is important to determine which way of dealing with prostitution is the best for society. 

Prostitution is prohibited for a number of reasons, one of which being that prostitution poses a threat to the morals of society.  What supporters of this idea fail to recognize is that legalizing prostitution is not the same as condoning it.  If someone performs a simple cost-benefit analysis of the prohibition of prostitution, they will see that completely legal prostitution is the only morally correct way the law can deal with prostitution.  A government that prohibits prostitution essentially tells women that the government knows what is best for them and their bodies.  Sex worker rights groups point how patronizing this can be towards women. Also, legalizing prostitution has been shown to reduce the amount of rape.  This happens because in a country where prostitution is legal, paid sex is cheaper and easier to find.  This means that men who steal sex because they cannot afford or find paid sex under a criminalized system, would be more likely to participate in prostitution rather than rape under a regulated system.  With these facts in mind, it is hard for a truly moral person to favor the prohibition or prostitution.

The moral considerations of prohibiting prostitution are important but it is crucial to examine the economic reasons people favor criminalization as well. Some will argue that property in close proximity to prostitution is devalued and that prostitution causes schools and communities to deteriorate.  This idea is true under a criminalized system but when prostitution is legal, the economic effects are much different. The countries that permit prostitution restrict it to “red light districts”. This way any risk of property being devalued is eliminated. Landowners know before they buy land that property in a red light district may have a reduced value. Also, as long as red light districts are not located near schools, there is no risk of prostitution having an impact on them.

Now that it is clear that legalizing prostitution does not affect economies negatively, one might ask what economies have to gain from legalizing prostitution.  In the Netherlands, the red light district brings in over 60 million Euros every year.  In the United States, which has a population almost twenty times that of the Netherlands, there is the opportunity for millions of dollars in tax revenue to be made from legalizing prostitution. Also, legalizing prostitution reduces unemployment because brothels must have employees to function.  When brothels hire managers, sex workers, or security guards, all of those people are provided with an income that before either did not exist, or was provided by tax money through government welfare programs.  Now that these people have a job, tax revenue can be created by taxing their income.  This tax money can be used to fund schools, build roads, or help communities in a number of other ways.

Under a criminalized system, instead of revenue created from prostitution going to build the community, it goes to street gangs and pimps who use the money to buy weapons and drugs.  When street gangs profit from prostitution there is an increase in gang violence. This increase in violence forces the police to use more resources, which in turn means more tax dollars spent on fighting such gangs.  When police spend more money, tax rates increase. Increased taxation can cripple vulnerable economies.  When the economic effects of legalizing prostitution are closely examined, it becomes evident that legalization would cause economies to flourish, not falter.

It is a basic economic principle that if there is a high enough demand for good or service, there will be a supply for that good or service.  There has always been a demand for paid sex, and there have always been women willing to provide it.  This supply and demand relationship remains constant whether prostitution is legal or not.  The only difference is who supplies the prostitution.  In a criminalized system, prostitutes are usually supplied by pimps, who are notorious for being abusive and sometimes even forcing prostitutes into addiction to gain control over them.  Because pimps operate under no regulation, they are not forced to check if their sex workers are diseased or underage.  In a legalized system, prostitution is supplied by business owners who are only permitted to operate under strict government regulation and inspection.  This means that prostitutes must be screened for sexually transmitted diseases before being hired by a brothel.  Brothels would also not be allowed to hire anyone underage.  These government regulations essentially eliminate child prostitution and the chaotic spread of disease involved with criminalized prostitution.

By far, the most important reason prostitution should be legal is for the safety of sex workers.  In a fully criminalized system, prostitutes are often forced to work in dangerous environments with no protection from their employers or clients.  Prostitutes are easy targets for rapists and serial killers.  Recently, a man in Canada was convicted of murdering six prostitutes.  In Canada, prostitution itself is legal, so one might ask how a man was able to commit this horrific crime.  The answer is found if Canada’s prostitution laws are closely examined.  In Canada, selling sex is legal, but brothels are illegal and so is living off the earnings of a prostitute.  Living off a prostitute’s earnings was made illegal to prevent someone from becoming a pimp and controlling prostitutes.  This law, like most prostitution laws, has good intentions but yields negative results.  While the law prevents pimping, it also prevents prostitutes from hiring security guards because the security guards would be living off the earnings of a prostitute.  Surely if the six prostitutes in Canada were allowed to hire protection, they would still be alive today. Violent clients are not the only threat posed to prostitutes under a criminalized system, but prostitutes are in danger from their employers as well.  Pimps tend to use abusive tactics to control prostitutes.  Some pimps will force prostitutes to become addicted to drugs.  If the prostitute ever refuses to work, the pimp threatens to stop supplying the drugs.  This forces prostitutes into a vicious cycle of addiction and bondage.  Some pimps will physically abuse or even murder prostitutes who refuse to work.  Even pimps who are not physically abusive sometimes use psychological abuse to control prostitutes.  These ruthless pimps only exist because of the black market created by prohibition.  Only in a country where prostitution is completely legal are prostitutes able to work in a safe environment and be independent.

When considering whether prostitution should be legal or not, most people only consider the reason it is made illegal.  To fully understand the best way the law can deal with prostitution, one must also look at the effects of prohibition.  When it comes to prostitution, prohibition creates underground black markets that fuels a cycle of poverty and dependence.  Prohibition increases drug abuse, violent crime, and the spread of disease.  After weighing the costs and benefits of legalizing prostitution, the only conclusion one can make is that completely legal prostitution is what is best for a society morally, economically, and socially.