Running Head:

Should Prostitution Be Decriminalized?

Should Prostitution Be Decriminalized, Criminalized or Legalized?

Line of Inquiry Essay
Alisha Jane Hiskey
James Madison University

Running Head:

Should Prostitution Be Decriminalized?

Abstract
One of the fastest growing industries in the world is prostitution, also known as
the worlds oldest profession, it is a very difficult industry to regulate. Prostitution is the
exchange of sexual services for a form of payment. My research question is should
prostitution be decriminalized or legalized? I chose this topic because it is very taboo in
America, and the victims of the industry have too long been overlooked. Due to
criminalization, prostitutes are often characterized as immoral, dispensable and less
than a human being. Prostitution is not only a moral issue, but it poses economic,
political, and public health concerns as well. The majority of prostitutes are young adults
who are forced in to the practice and are controlled by abusive and dangerous pimps.
Also, prostitutes add to the expensive overcrowding of jails. Taxpayers in America
spend a ridiculous amount of money on incarcerating and then housing thousands of
non-violent criminals who with the right support could live meaningful and productive
lives.

Running Head:

Should Prostitution Be Decriminalized?

When hearing the word prostitute, what comes to mind? Prostitutes are those
who have sex with clients in exchange for money. Words such as whore, hooker, harlot,
tramp and other demoralizing words might come to mind. How about thinking of
prostitutes as victims? Prostitutes in America have the highest premature death rate,
over forty times the national average. Studies in California and Oregon have shown
70% of prostitutes were raped thirty-one times on average each year. While 65% were
beaten by clients an average of 4.3 times (Carrasquillo, 2014, p.709). Prostitution is the
worlds oldest profession so this information is not anything new. However, the taboo
topic of prostitution is coming in to the light, as the laws surrounding the practice are a
hot topic in this day and age. Clearly there are urgent issues concerning the safety and
well-being of prostitutes in America, however there is a dispute over the most effective
way to minimize the torment of sex workers. The big question is, should prostitution be
criminalized, decriminalized or legalized?
The first source chosen is a scholarly article from 2014 from The Touro Law
Review Volume 30 Article 11 entitled Understanding Prostitution and the Need for
Reform by Tesla Carrasquillo. Carrasquillo presents a detailed history of the practice,
possible reasons for the pervasiveness of prostitution in society today, and feasible
alternatives for limiting the volatility of the industry. The author claims that criminalizing
prostitution actually increases the problem in many ways. Prostitutes fear that their
status as a sex worker will get them into trouble as well, so prostitution crimes are often
unreported by prostitutes. Also, the prevalence of cruelty against prostitutes is
intensified by the media, and especially in video games. For example, in Grand Theft
Auto, a racing video game, prostitutes are able to be shot, beat up, and even raped.

Running Head:

Should Prostitution Be Decriminalized?

Statistics have shown that prostitutes are overwhelmingly repeat offenders due to
various reasons. Sentences and fines do not act as disincentives for prostitutes; as
penalties and bail money is often borrowed from the pimp, which the worker has to pay
back. Carrasquillo suggests that by decriminalizing prostitution, crime rates might
actually go down. She construes that other vice related crimes such as gambling, drug
addiction, alcohol misuse and street violence rates would be expected to decrease if
prostitution were on the decline as well. The author also addresses the relationship
between prostitution and rates of sexually transmitted diseases. Carraquillo argues that
if prostitution were to be decriminalized, then prostitutes would be more likely to seek
STD testing.
The second source is a 2010 research article from Issues in Mental Health
Nursing entitled Understanding the Social and Economic Contexts Surrounding Women
Engaged in Street-Level Prostitution by Lyn Stankiewicz Murphy. Murphy discusses the
various social, moral and economic concerns that prostitution brings. A series of
interviews of twelve sex workers were conducted by Lyn Murphy. Due to the results of
this experiment, some reasoning behind the vicious cycle of prostitution were construed
by her. The author concluded that social support, drug use and economic stability were
reasons behind the brutal cycle. Other reasoning backed by statistics is early childhood
abuse, low-income, mental health issues, and homelessness. The Prostitution is also a
public health concern due to the fact the prostitutes are at a very high-risk of contracting
and transmitting STDs. The United States spends an average of $7.5 million dollars on
prostitution law enforcement, with some states budgets around $23 million. The author

Running Head:

Should Prostitution Be Decriminalized?

concludes that the understanding of the process of prostitution and why women remain
in prostitution is needed to determine the correct solution for the problem at hand.
The third source is an encyclopedia excerpt from The Encyclopedia of Law and
Society: American and Global Perspectives written by Samuel Cameron in 2007. The
Economics of Prostitution asserts through various analyses that the proper economic
approach to prostitution is to treat it as a legitimate service. The author describes
prostitution as a necessary evil, but one entangled in an excess of complicated factors
as well. Implementing agencies to regulate prostitution is the authors best solution,
which is supported by many cross-analyses. The findings support regulation as
legitimate resolutions to various tribulations of prostitution.
The articles have similar viewpoints regarding the social and economic effects of
prostitution on the women and their communities. In Carrasquillos article, an assertion
is that prostitution is seen as a threat to the family unit (2014, p.707) This claim is also
mirrored in Murphys argument in the sense that many prostitutes that were interviewed
had regular married customers. Most communities view prostitutes as stains on the
fabric of society, and therefore they are overlooked and degraded. Murphy concludes
that the women are part of a community that does not provide opportunities or
alternatives for the women to disengage from drug use or prostitution (2010). Another
similarity between the first two arguments is the discussion of social ties as a factor that
motivates the cycle of prostitution. Lastly, all three articles assess prostitution as an
economically centered issue.
Differences between the articles include the type of piece and therefore the
justification of the claims made. The reasoning behind the cycle of prostitution slightly

Running Head:

Should Prostitution Be Decriminalized?

varies with each argument as well. The first article is more of a discussion, while the
second is a study and the third is an economic analysis. The encyclopedia excerpt
focuses solely on the economic side of prostitution. Murphys study is centered mainly
around the social implications of the practice. The Touro Review article is a combination
of economic, legal, and social analyses. Murphys article reasons that women remain in
prostitution as a source economic stability provided to them by their regular customers
(2010). Carrasquillo assumes that the immoral nature of prostitution is one of the main
factors that drives prostitutes to stay (2014, p. 706).
Tesla Carrasquillos article is a broad piece that has a very logical structure and
an impeccable argument. She examines not only the history of the practice, and causes
of prostitution, but also the potential effectiveness of the different solutions to the
problems at hand. Carrasquillos argument is backed by historical data and evaluations
of countries that have decriminalized or legalized prostitution.
Lyn Stankiewicz Murphys study is helpful in getting a first-hand look at the
causes of prostitution, however the results are limited and partially contradictory.
Contradictions in the findings of Murphys study are that some girls entered into
prostitution because of abuse, and then cited leaving prostitution to avoid abuse. Also,
the majority of the girls interviewed by Murphy were active drug users and therefore the
legitimacy of the interviews could be compromised.
The Ecomonics of Prostitution is very informative however the financial jargon
used makes it very hard to understand. The argument is effectively backed by many
analyses and statistics, however the counter-arguments are hardly addressed.
Camerons analysis also only takes on an economic viewpoint of the issue.

Running Head:

Should Prostitution Be Decriminalized?

After completing extensive research on this topic, my opinion is that

decriminalizing prostitution would be the best solution for the many problems at hand.
Previously I thought that by creating stricter laws, that would help fasten the pace of
eradication. I now know that this would only make the problem worse. Decriminalizing
the practice is not a perfect solution, but one that has proven to lessen concerns of
prostitution. I will continue to assess the various solutions, and evaluate the potential
complications of decriminalization.

Running Head:

Should Prostitution Be Decriminalized?

Resources
Cameron, S. (2007). Prostitution, economics of. In D. S. Clark (Ed.), Encyclopedia of
law & society: American and global perspectives (Vol. 3, pp. 1223-1224).
Thousand Oaks, CA: SAGE Publications Ltd. doi: 10.4135/9781412952637.n561
Carrasquillo, T. (2014). Understanding Prostitution and the Need for Reform.
Touro Law Review, 30(3), 697-721.
Murphy, L.S., PhD, MBA, MS, RN. (2010). Understanding the Social and Economic
Contexts Surrounding Women Engaged in Street Level Prostitution. Baltimore,
Maryland: University of Maryland.