Should The Decriminalization Of Prostitution

There is also the argument that centers on prevention. The criminalization of prostitution will undoubtedly affect large numbers of vulnerable women. However, this will also have the effect of dissuading potential prostitutes from participating in the process. As they notice the punishments increasing in intensity, prospective prostitutes will note the elevated risk level, and will see entering the profession as an increasingly risky gamble that will not be likely to pay off. These would-be prostitutes will instead choose a less risky career choice, even if that career is lower paying or less flexible hours and working conditions compared to prostitution. Some will also argue that the legalization of prostitution will increase the demand …show more content…
When considering the merits of potentially legalizing or decriminalizing prostitution, it is important to keep in mind the different ways it will affect different people. At first glance, it might appear that legalization or decriminalization will only affect current prostitutes, but, in fact, it will impact many different groups of people. Legalization or decriminalization of prostitution will have consequences for (a) current prostitutes, (b) would-be, or potential, prostitutes, (c) clients/customers of prostitution, (d) would-be, or potential, clients and customers of prostitution, and (e) law enforcement/government. Current prostitutes are the most obvious group to be impacted – any decision regarding the legality of their practice will surely affect them and their approach to their practice. Would-be prostitutes are also strongly impacted by any hypothetical changes to the criminality of the profession. Prospective prostitutes could be dissuaded from entering the world of prostitution if the illegality of it persists, while the potential legalization could persuade those who otherwise would not participate to give it a shot if there are few legal consequences. Current clients are also affected by the legalization of the practice they choose to engage in – this would eliminate the potential negative legal consequences that are inherent in the …show more content…
In her article Martha Nussbaum explores the arguments against the legalization of prostitution, and subsequently refutes these arguments. Perhaps one of Nussbaum’s most important findings in this article is the fact that prostitution is criticized on a moral level for the reason that prostitutes sell their bodies, and she makes the argument that virtually everyone uses their bodies to earn a living, just in different ways than prostitution. Nussbaum’s conclusion from her investigation into the notion of sexual ‘commodification’ through prostitution is that legalization has the potential to benefit many women who participate in this profession, whereas continued criminalization only serves to further hurt these women economically, mentally, emotionally, and physically. By legalizing prostitution, police and other law enforcement agencies can assist women who face the potential of violence rather than arrest these women for engaging in the practice in the first place. Through her discussion of the six different types of professions which involve some type of bodily service, Nussbaum is able to illustrate how many of the arguments against legalization or for criminalization are insufficient. She discusses the different situations of: the factory worker, the domestic servant, the nightclub singer, the professor of