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Should Prostitution Be Legal?

A tricky question as news from Maine unfolds

By Rich_Maloof Oct 15, 2012 5:21PM

The prostitution scandal in small-town Maine has been deteriorating into a case of she said/he paid. The question of who broke the law has already taken a second seat to who should be shamed, the alleged prostitute at a Zumba fitness studio and her business partner or the dozens of male customers on the Zumba Plus plan. Photo: Chas Ray Krider/Getty ImagesConcurrent news on Dominique Strauss-Kahn, the defamed former IMF director, revolves around the fairness of “criminalizing lust.”

For a country with a strong Puritanical streak, America has proven remarkably tolerant of sex workers and their clientele. Hugh Grant is still a movie star, Heidi Fleiss enjoyed as much celebrity as notoriety, and Eliot Spitzer navigated a transition from disgraced politician to nightly political commentator. In the Kennebunk, Maine, case, attorneys for the male johns are fighting to protect the release of their names, characterizing them as victims of privacy invasion.

The case for decriminalizing prostitution has not held sway in the United States, despite the apparent leniency in the court of public opinion. With the exception of laws in parts of Nevada, lawmakers maintain that prostitution is inherently demeaning and that legalization would contribute to the expansion of human trafficking. Even with regulations in place, women could not be adequately protected against exploitation and the violence perpetrated by johns, pimps and traffickers. Poor women desperate for income might find themselves with no option other than turning tricks, and ever-younger girls would be drawn into dark and dangerous circles.

Proponents, meanwhile, have said that prostitution should be sanctioned and regulated in part because the world’s oldest profession will never go out of business. It is inevitable, the argument goes, so we’re better off improving the conditions  than pretending we can control the trade. Unionizing sex workers would yield legal rights protecting them against traffickers and regulating health standards to stem the tide of sexually transmitted diseases. While those opposed to legalization (notably Nicholas Kristof of The New York Times) cite the rampant victimization and increased risk of HIV in countries such as India and Cambodia, those in favor point to Germany, the Netherlands and our own state of Nevada for evidence that legalization would not increase human-slave trafficking.

If ever the United States were to rethink prostitution laws and regulations, they might look something like the law Sweden enacted in 1999. The Kvinnofrid law made it legal to sell sex but not to buy it. That is, prostitutes couldn’t be charged with a crime but their clients would be charged, as would traffickers, pimps and brothel operators. Hotly debated, with even advocates of women’s rights on both sides, the law was passed based on the belief that prostitution would always prevail with or without a ban. As our slack-jawed nation watches the news unfold in a scenic, tourist-friendly town in Maine, that much seems to be beyond debate.

Photo: Chas Ray Krider/Getty Images

Bing: Get the latest on the Zumba scandal.

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1162Comments
Oct 15, 2012 10:29PM
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Prostitution has been legal for decades under the name of politics!

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Yes, tax it  along with marijuana and it will pay off the national deficet in 6 months.
Oct 15, 2012 10:32PM
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Legalization, regulation and taxation of the sexual services industry provide enough guarantees to prevent potential human trafficking and child abuse, respect the privacy rights of all concerned, get the government out of the bedroom, protect public health, generate useful revenue for much-needed public spending projects and free substantial law enforcement resources to be used where they are REALLY needed, such as fighting organized crime and anti-terrorism work; and while we're at it, we might go the distance and legalize drugs for pretty much the same reasons.  Alcohol prohibition didn't work and cost millions of dollars and thousands of lives; drug prohibition hasn't worked and has cost trillions of dollars and millions of lives; sex prohibition is just plain stupid! Let's wake up and grow up as a country, as a people, as a planet! Enough said...
Oct 15, 2012 10:27PM
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Yes! You can tax this industry and organize it. Its happening and always will so why not. I bet theres more money involved with taxing than involving a failing court system! The women would be safer and the spread of disease would be under some what control! I say the men have to pass certain tests. Well whatever It really dont matter to me but why not. So I just responded to the headline and thought I better read the article. Agreed.

Oct 15, 2012 10:24PM
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It is legal if you've got enough money to buy the law off.
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