Why Prostitution Should Be Legal
Pornography is legal. So, the law is currently stating "It's okay to have sex for money, but only if you film it and sell it." Does that really seem sensible to anyone?
Now, one might reasonably argue that I could just as easily say that pornography should be illegal, so far. But consider my previous argument that feminists shouldn't hate porn, and realize that it applies equally to prostitution. The point is, prostitution or pornography need to start harming a non-willing participant before they should become illegal. And when that happens, it makes far more sense to deal with it under existing rape or abuse laws than anti-porn or anti-prostitution laws. Making porn or prostitution illegal because a rape occurred would be like making fast food restaurants illegal because someone poisoned a McD's burger. Making porn or prostitution illegal because someone forced someone else to do it would be like making housekeepers illegal because of that case where a woman was forced to be a family's servant.
Note: I have heard rumours that prostitution in Canada is technically legal provided that you don't solicit on street corners. That makes me wonder:
a) what's wrong with soliciting on street corners?
b) could all those crazy sex ads in free newspapers actually be real?
c) how does an ordinary citizen find out the law?
I suspect that the answers are:
a) nothing really, but puritanical idiots hate it so this has become a largely unknown and unspoken compromise
b) yes
c) looks it up online, but finds out that the wording and magnitude make it a ridiculously large amount of work, gives up in disgust, and maybe concludes that many laws in obscure wording are really a tool to subjugate the masses
Okay, I don't know how I got from legalizing prostitution to the Communist Manifesto so fast either, but it happened.
Now, one might reasonably argue that I could just as easily say that pornography should be illegal, so far. But consider my previous argument that feminists shouldn't hate porn, and realize that it applies equally to prostitution. The point is, prostitution or pornography need to start harming a non-willing participant before they should become illegal. And when that happens, it makes far more sense to deal with it under existing rape or abuse laws than anti-porn or anti-prostitution laws. Making porn or prostitution illegal because a rape occurred would be like making fast food restaurants illegal because someone poisoned a McD's burger. Making porn or prostitution illegal because someone forced someone else to do it would be like making housekeepers illegal because of that case where a woman was forced to be a family's servant.
Note: I have heard rumours that prostitution in Canada is technically legal provided that you don't solicit on street corners. That makes me wonder:
a) what's wrong with soliciting on street corners?
b) could all those crazy sex ads in free newspapers actually be real?
c) how does an ordinary citizen find out the law?
I suspect that the answers are:
a) nothing really, but puritanical idiots hate it so this has become a largely unknown and unspoken compromise
b) yes
c) looks it up online, but finds out that the wording and magnitude make it a ridiculously large amount of work, gives up in disgust, and maybe concludes that many laws in obscure wording are really a tool to subjugate the masses
Okay, I don't know how I got from legalizing prostitution to the Communist Manifesto so fast either, but it happened.
posted by Gideon Humphrey at 2:40 PM
3 Comments:
I think the concerns about prostitution from a legal point of view are not moral concerns, not even concerns about selling sex, but more of a general worry about other serious problems that surround prostitution rings (violence, rape, organized crime, etc.)
I agree that everyone should do whatever they want as long as it doesn't harm anyone (including selling their body for sex, as long as all parties consent to the act) but the problem is that a lot of prostitutes are forced into the situation, mentally or physically abused, underage, etc. Even though they are technically consenting to have sex, they are trapped in an abusive situation from which they see no escape.
I don't think outlawing prostitution has much to do with morality, it's just a legal mess because of all those other issues. And selling sex isn't "wrong" as long as the women (or men) involved have a legitimate choice, as far as I'm concerned, we live in a free country, and that means anyone should be free to do whatever they want with their body.
I forgot to mention I am totally for the legalization of prostitution. As long as it comes with a dental plan and guaranteed wages.
Um, no. They do not tell lies about women. For one thing, somewhere there probably are women who enjoy almost every act that's ever been depicted, but more importantly, the whole point of porn is to fulfill fantasy. Showing a woman being subservient to a man and/or pretending to enjoy some deviant act is not the same thing as saying "women actually enjoy this". It DOES implicitly say "some women are willing to do this for money", but that's obviously the truth.
You say most women don't grow up dreaming to be prostitutes. First of all, even you include the word "most", implying that some might. Second, I would say most people don't grow up dreaming to do whatever their job ends up being. I'm not saying porn star or prostitute is an idyllic job, but let's face it, there are a significant number of people that will choose it over, say, McDonald's cashier. It may be the case that some immigrants can't go be a cashier at McDonald's. This, however, is not an anti-porn or anti-prostitution argument anymore, but a debate about immigration laws.
"Porn furthers the idea that women can be treated as sexual objects."
They can. That doesn't mean they should be, nor does it mean that women should be expected to accept it. A man should be free to say "wow, you have a hot ass and no other redeeming qualities", and a woman should be free to respond with "piss off, you have a myopic and incorrect view of the situation and will likely never have a fulfilling relationship because of it" or whatever else she happens to prefer.
Rape is generally defined as forced sexual activity. While you may be makng a tenuous claim that prostitution and porn are economically forced on people, I'd say that even if you're right, the solution then is not to outlaw them (since that will simply result in the starvation and homelessness of all those they're forced on), but to increase social programs for the homeless and unemployed, and possibly to change immigration laws. The main point is that economics, even if they force someone to resort to prostitution, do not support outlawing it. It has to be PHYSICAL force to be problematic, and in that case, rape is already illegal.
"I would entertain an argument against this if there was equal objectification and discrimination against men in the world"
The fact that men have traditionally had it better does not affect this argument. If you wish to objectify us, go ahead, you can already make a porn to cater to whatever fantasies you want (for the record, porn catering to traditionally "female" fantasies does exist). I also have no problem with men who wish to be prostitutes, or women who wish to purchase their services. If you wish to discriminate against men, however, that's illegal and should be, and again has nothing to do with pornography or prostitution.
"The majority of abuse is abuse against women."
Doesn't matter. I am not advocating abuse. I am advocating the ability to legally sell and purchase consensual sexual activity. Also, this kind of argument is one of the worst kinds. Specifically, it is worth mentioning that abuse against men is still a problem. It is also worth mentioning that the majority of senators are male. If you are going to say that violence against women is a male problem, you are logically required to say that being a senator is a male job. Personally, I think it best to leave gender out of it.
"Where the heck did men get the idea that they could treat women like their personal blow-up sheep? Gee, thanks porn."
I hate to break this to you, but sexism, objectification of women, and abuse of women have all existed far longer than porn.
Also, you say "All prostitution is rape" and then you say "I am totally for the legalization of prostitution. As long as it comes with a dental plan and guaranteed wages".
In other words, you are advocating the legalization of rape.
Lastly, I posted an article about the attempts of Vancouver prostitutes to set up a co-op with the basic goal of providing security and health benefits. The main problem they are encountering is a legal one.
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