is prostitution a victimless crime essay

• Essay Editor

Prostitution as a Victimless Crime

1. introduction.

When one party performs sexual acts in exchange for payment from another party, it is called prostitution. Prostitution has been referred to as the "world's oldest profession" and is quite prevalent in cities throughout the world. There are streetwalkers and call girls who both sell their bodies for money. Streetwalkers are prostitutes who work on street corners or in parking lots. Call girls are usually connected with escort agencies and are called when an appointment is made. Prostitutes usually are paid in cash; however, they may be given other items as payment. A John is a term used to describe a male who goes to a woman prostitute. A Jane is a term used to describe a female who goes to a male prostitute. There are various types of property crimes that are related to the type of profession discussed in this thesis: pickpocketing, shoplifting, mugging, and burglary. When a crime is committed, the government is supposed to step in and protect the victim of the crime. However, can one be a victim of his or her own actions? Prostitution is often called a victimless crime because of the lack of a complaining participant or bystander; utilizing police forces to combat prostitution is often thought of as a waste of taxpayer dollars. Prostitution has also been viewed as a necessary evil because it curbs potential sex crime; it provides a service, which only two consenting adults partake. The prostitute and the participant who consent to the act of sex are the two willing participants; thus, each is thought to be unaffected and are not expected to be in need of protection. Rape is a sex crime and a continuous victim in refusal; prostitution as a sex crime flows from lack of choice in employment, pay scales, and benefits packages. Is prostitution a victimless crime, or does someone have to get hurt in order for law enforcement to pay attention to it?

1.1. Definition of victimless crime

Perhaps the most controversial of victimless crimes is prostitution. These crimes are officially designated by the government as criminal acts, but are not recognized by social and criminal laws as immorality. They are such criminal acts as drunkenness, vagrancy, adultery, drug addictions, abortion, and sex perversions. While the state has laws against these so-called victimless crimes, it is morally neutral or unconcerned about the acts. Some attempts have been made to solve these problems of victimless crimes because it is so difficult to tell who is really the victim or whether there are any at all. While acts are performed that violate no moral rule of a majority of the societies, the list itself would include bigamy, adultery, drug addiction, abortion, and censors an obscene literature among others. Such acts, the individuals who perform them violate no rights of other individuals in their role of performing these acts. They should not be prohibited but instead classified as amoral offenses or status offenses. There is our disapproval of others' economic or sexual activities rather than having the disapproved action effects outcomes.

1.2. Historical context of prostitution

Although the practice of prostitution has ancient roots and can be traced all the way back to the first advanced ancient civilizations, the marginal status in which prostitutes have always been involved has plagued them from pre-Christian to contemporary society. Throughout the centuries, prostitution was present in various forms and with distinct characteristics. Although the practice of prostitution has universalized itself, each culture has established different ways to cope with it. In Ancient Greece, for example, complex social norms provided an elaborate set of rules that regulated the roles and duties of prostitutes. On the other hand, the Roman Empire made it clear that, even though the status and image of the matron who faithfully executed her bridal vows and mothered her legitimate children was celebrated, men needed a limit in violent and adulterous character, and brothels were tolerated as a permitted outlet for their unmanliness. It was in Genoa, near 1400, that the first proposal for legal tax collection and control over prostitutes and madams was appointed by Isabella of Lusignan, Countess of Tende, and Sophia Palaiologina, Marchioness of Montferrat. Such ideas were reinforced during the XV and XVII centuries by King Henry IV of France. After the French Revolution, the French government entrusted Napoleon Bonaparte with the intuition that prostitution could become a private enterprise in which the objectives were no longer being treated as an exotic luxury good at gamer's hand, but as a public responsibility according to the rules established by a juridical authority. Nowadays, in Europe, all the ongoing attempts to regulate prostitution have both common and particular features. It is common because, to a greater or lesser inferiority, the phenomenon at stake affects every society, but the only question that varies from one jurisdiction to another is the choice between regulation and prohibition. The main questions, however, on which the political debate rises are: what to do with prostitution, the oldest profession to all effects, and what to do with the women involved in it as prostitutes or as clients?

2. Theoretical Perspectives on Prostitution

Liberal views of prostitution include: (1) utilitarian justification of punishment, (2) a general belief in the need for liberalization of sexual morality, and (3) a belief that government must be indifferent to the personal tastes of individuals. Essentially, libertarians argue that it is correct to legalize private acts of what may be called "victim-less" crimes. They believe that persons should be free to indulge their tastes in private, even at the risk of personal harm. Neo-liberal views of prostitution: Various neoconservatives in anthropology and sociology agree that when women's deprivation has caused them to sell their bodies, only the symptoms, rather than the disease itself, are being treated. While they profess firm opposition to proposals for state regulation of sexual behavior, these social critics contend that merely raising the status of the prostitute would permit her to join the fraternity of tired businessmen, political lobbyists, travel agents, public relations agents, and, of course, the customer, in making politics. They argue that legalizing and overseeing commercial sex is not a bonanza for the women, but a bonanza for the state, which will control and regulate yet another sphere of economic activity and reap the benefits of legitimizing sex with yet one more category of unregulated teenage, ghetto men and women.

2.1. Libertarian perspective

The traditional view of prostitution as a crime is separate from the views of those who believe that it should not be a crime. Prostitution is often referred to as a "victimless crime" because, in theory, no one present at a crime is harmed by the activities. Prostitution is banned in every state in America except for the state of Nevada. Although many citizens are offended by the practice of prostitution, the majority of them are indifferent to the actual act. In a U.S. News and World Report article, six jurors from Tampa, Florida, were interviewed about their views and arguments for convicting or not convicting a man for committing crimes against two juvenile-age girls. One issue that affected each juror's decision was that of unemotional consent. If an underage girl says "yes," how can anyone negate the consent? Former feminist writer, Maureen Mullarkey, wrote in the National Review, that the concept of prostitution as a crime is defined as sex with the exchange of money. She wholeheartedly disagrees with this segment of crime being committed. In this section, I review the key arguments in favor of the repeal of the prostitution laws. I consider these arguments from several perspectives. First, I consider the case that individuals have a right to pursue their own interests in any way they wish as long as they do not violate the rights of others, and that the laws against prostitution thus violate individual liberties. This libertarian perspective is central to the position taken by the pro-prostitution group in the debate initiated by Kipnis in 1994. Although all of these groups share the conclusion that the laws inhibiting prostitution should be repealed, they come to this conclusion from different starting points. I begin by identifying and then defending a simplified version of the case in favor of legalizing "victimless" crimes. It is useful to focus on this simplified case for three reasons. First, this point is generally viewed, by its proponents as well as by its opponents, as the strongest argument in favor of legalizing "victimless" crimes, and if this argument can be rebutted, the state should be expected to ban such crimes. Second, the argument that prostitution should not be outlawed under the presumption that people are free agents is very general. Third, the simplified argument will serve as a benchmark against which other intuitions regarding the regulation of prostitution will be contrasted.

2.2. Feminist perspective

As far as prostitution, the radical feminist perspective on anti-prostitution is based on concerns that the prostitution industry strengthens gender inequality. Feminist perspectives support classifying prostitution as a deviant or criminalized role. Legalizing prostitution theoretically removes the criminality associated with prostitution itself, which might be harmful, but so do other jobs. Critics of the deviance perspective focus less on the idea that deviance has to be harmful than on the assumption that deviant roles are sources of harm. With prostitution, for example, many rape theorists argue that this deviance is exploitative and harmful to the women who act in the role. The harm perspective focuses on laws that prevent harm to non-consenting parties and sex trade workers, rather than allowing paternalistic state intervention to supposedly protect prostitutes when, in fact, the protectionist interests any pimps and clients. Legalizing and regulating the sex trade focuses on preventing the sexual exploitation of women. While the illegalization of the sex trade does protect some women from harmful situations of force, fraud, or coercion, legalization can seek to protect all women in the sex trade from attacks, extortion, and harassment as a product of the illegality of their work and the stigma attached to it. Again, the clients' sexual interest in illegal or stigmatized activities may disenfranchise these sex workers from the protection of the legal system. To remove the primary rationale for the stigmatization of prostitutes, many abolitionists support the Swedish model by decriminalizing the sex trade worker while at the same time outlawing the buyers Steamwood Lanier while conducting a community-based campaign to promote an understanding of prostitution as an exploitative practice.

3. Harm Reduction and Legalization

As countries struggle to deal with the growing problem of prostitution, most legal systems take one of three stands: prohibition, regulation, or abolition. In the United States, prohibitions on prostitution are valid, but enforcement is generally considered a state matter, even by moralists who decry the existence of the sex trade. The primary concern is typically for public health, not individual health. Some countries, such as the Netherlands and New Zealand, have promoted a harm reduction model, which recognizes that the sex trade exists and that there is a need for protections and rights for those working within the system; it is not the calling of the state to act as moral police. Abolition is in practice more closely aligned with popular sentiment than prohibition and is often the end result of concerted efforts by feminists, moralists, health advocates, and celebrities with their own foundations who work together in common purpose. The abolitionist model, as exemplified in Sweden, makes communication about sex illegal but treats sex workers as victims of crime and offers therapeutic exit programs. Here, like the state of Nevada, selling but not buying sexual services is illegal. This is an expensive and ineffective policy intervention because it makes half the workers and clients pariahs, driving operations underground and creating a dangerous and unregulated environment for criminal activity, including trafficking, which we know has arisen in response to prohibition. Proponents of this model claim that criminalizing demand will reduce it. Although I lack a crystal ball to demonstrate such an outcome, I present evidence below that suggests it is a foregone conclusion: use of a product or service typically increases with prohibitive demand.

3.1. Benefits of harm reduction approaches

Benefits of harm reduction approaches The goal of this special issue is to give voice to those often kept silenced in the debates on prostitution and to bring research findings and original evidence into the public domain for a more informed and less polarized debate. An object of discussion among feminists is the debate that has existed for at least 30 years, which when juxtaposing the "Abolitionist" and the "Sex Radical" or "Sex Positive" approaches typically focuses on criminalizing men who pay for sex versus decriminalizing or legalizing the sex trade, and that is typically focused on indoor sex work and agency prostitution, which is by no means insignificant, but fails to respond to the vast majority of women and men exploited in the sex trade. What are the goals of the Abolitionists, the adversaries of the sex industry? The abolition or elimination of the institution of prostitution, not the criminalization of the people who are prostituted. In other words, the goal of the Abolitionists is the reduction of supply from non-coercive sex work through the means that we have at our disposal, such as economic support, psychosocial and reintegration assistance, harm reduction, access to drugs, etc. The goal of the abolitionists is the protection of children from pedo-criminals, services for victims of sex trafficking and violence, prosecution of those who take advantage of people in prostitution, creating routes out of prostitution, work, and reintegration, changing public attitudes, and respecting the international conventions. Finally, the other participants in this discussion are those who exploit people in the paid sex industry where it is increasingly lucrative to traffic children than to import drugs or arms. On the other hand, the prostituted people are often foreign mafias and organized crime within the sex trade, which has breached frontline defenses, which they have normalized exploiting an individual's total loss of freedom and will. In Italy, the issue of criminalizing solicitation is born precisely to reduce public displays in the urban fabric, not to think of the risk of HIV transmission, the rapes of trans prostitutes or the murders of cissexual prostitutes. The phenomenon of prostitution is complex in its causes and manifestations and never occurs in isolation from the organized exploitation of people in forced labor, begging, the theft of minors, arms or drug trafficking. Social and health policies usually pay attention to the forms related to dependence, with interventions that provide assistance and reintegration into the mainstream of work, being insensitive to the strategies and opportunities to protect the victim's freedom.

3.2. Case studies of legalized prostitution

In the 1980s, several countries in Europe, including the Netherlands, Germany, and Denmark, legalized and regulated prostitution. Since then, Denmark has decriminalized purchasing sex. The change in legalization status has provided researchers with an opportunity to compare the effectiveness of different prostitution laws. Data from case studies have concluded that while legalization can lead to improvements in working conditions through a system of regulation, it has not led to significant reductions in violence. Brothel owners in the Netherlands still ask women whether they are willing to see clients who refuse to use a condom. After analyzing existing data, researchers D. Odding and E. Snoep concluded that the legalization of prostitution led to an increase in the scale of the industry in the Netherlands. Similarly, D. Woodward found that elements of coercion still exist within legalized sex work in New Zealand. Studies of the effect of legalization of the sex industry in Australia have concluded that while legalizing and regulating the industry can make exploitation much less likely and improve working conditions, there are limits to its effectiveness. Therefore, paradoxically, reducing the criminality of prostitution, in some situations, might actually make it easier to identify and punish the true 'wrongdoers' in the industry, traffickers and exploiters.

4. Human Trafficking and Exploitation

Legally and socially speaking, the age of consent is the benchmark for adulthood and personal responsibility, precluding individuals at or below this age from engaging in a host of activities that have potentially deleterious consequences. Sex work is one such activity, often involving dangerous physical working conditions and health risks for those who work as prostitutes. In the United States, federal laws such as the Victims of Trafficking and Violence Protection Act recognize the exploitative aspect of some forms of prostitution, as it strengthens laws against human trafficking for the purposes of sexual exploitation. Title IX, section 102 of the Victims of Trafficking and Violence Protection Act of 2000 prohibits the knowing harboring of anyone under the age of 18, knowing that the individual will be caused or brought to the United States to engage in commercial sex acts. Furthermore, the use of advertising the sexual acts of children is also now actionable under the law. In the few short years since the passage of the act, Tammy's case typifies the spirit of Title IX and demonstrates the sophistication of American law to recognize human trafficking and sexual exploitation for what it is - slavery. With this understanding of the inglorious particulars of the field of prostitution in mind, we can also recognize and understand how it can be a victimless crime.

4.1. Link between human trafficking and prostitution

There is a close link between human trafficking and prostitution, especially when several countries are involved. It is often stated that nowadays human traffickers are the main providers of prostitutes. This statement is used by both proponents and opponents of prostitution. One group uses this link in support of the legalization of brothels, arguing that in that way the battle against human trafficking could be fought effectively. However, the fact is that even in countries where prostitution is legal, human traffickers were found to operate these legalized establishments as well. What is more, even women who work in these brothels voluntarily are, in fact, victims because often they cannot leave their workplace or must pay such high rents that it makes it impossible for them to earn money by working in this way. These women are condemned to continue working in the sex industry. Another group uses the link to argue for the prohibition of prostitution, claiming that there is a permanent connection between human trafficking and prostitution and that trafficking in women exclusively serves the prostitution market. It is indeed strange that these people rarely suggest fighting against prostitution by criminalizing clients (which would decrease the demand for prostitutes and expose such a connection) but rather propose the complete criminalization of the sex industry as a proper solution because this link exists. They also ignore the fact that the persons who are involved in trafficking do not act any differently in other fields, where people are sold, in that human trafficking is eradicated likewise. They forget that human trafficking disrupts the institution of the free labor market as a basic element of a democratic society, which should be the foundation of their criminalization arguments. And last but not least, they demonstrate a basic lack of understanding of the labor market for the socially-excluded groups of people, who have succeeded in finding employment there.

4.2. Protecting vulnerable populations

Early reformers who called for efforts to eliminate "white slavery" and provide support for poor women often made connections between the sociodemographic characteristics of women who engaged in prostitution. Even earlier prohibitions focused on the circumstances specific to women's lives that "forced" them into "crime." For understanding women as individuals who engaged in acts that constituted a criminal offense, women who did were perceived as victims of structural social, political, and economic conditions of the day. Four centuries later, individuals interpreted the circumstances of individual women not yet as part of the traditional moral reform movement. Since that turn to the individual, efforts to understand prostitution continue to evolve along similar lines. The web of Levi replies to sexual and labor exploitation or the rape franchising debate by featuring both very different sociodemographic conditions analyses and the emerging expectation of the resemblance of the conditions analysis. Through this shift, the sociodemographic characteristics of women over time justifying the act of prostituting are reevaluated. Women's vulnerability to such a concept acts as humans proposing prohibitions from diverse perspectives. Contemporary arguments explicitly incorporate the possibility of victimization into individual perceptions. Prostitution is a criminal activity largely initiated with the ability of controlling group members, so the aim is to minimize the consequences of violating the institution. Prohibiting only is not an active effort of the state to protect the vulnerable individuals who are criminalized, which is defeating the purpose of the regulation to serve the common good. Dutifully protecting third-party prostitutes is a failed true purpose unbalanced law, which only indirectly deals with the true consequences of prostitution.

5. Conclusion

In conclusion, prostitution, the "world's oldest profession", has many faces. Some are as old as the profession itself. Others are new due to the recent spread of STDs and the exploitation of children. Yet, the labels we place on those engaged assure the continuance of the criminal setting within which they receive very little protection. Even business paradigms espoused by feminists seem unable to extricate these victims from their plight. Governments must be leaders rather than followers, seeking the expedients instead of the cause. This does not call for open acceptance of what has been called a "victimless" crime by some. It does not seek to dampen public sentiment against the acts of prostitution. Public acts are public annoyances; some justify legislative authority because they defile the moral sensibilities of the community. However, it does require that we shed our stereotyped imagery of prostitutes as always women, as being inherently bad individuals, and that their actions are always entirely consensual. Ideally, laws ought to both reflect and define the needs of society. Yet, they reflect more the climate of the time they are passed. The concepts embodied within our antiquated laws regarding prostitution are quite clear: (1) they are biased against women, (2) they actually victimize the prostitutes, and (3) prostitution does not exist in a moral and social vacuum. Surely, society as well as its laws needs to change, effectively incorporating the values we hold in reality. The issues prostitution brings to the courtrooms of constitutionality is proof enough that perhaps Kim Campbell is right when she says, "The personal is the political". The law remains uneasy about its role in controlling sexual activity. The vice laws have come under attack, and any honest and dispassionate discussion of the issues makes it painfully clear that this may be one "victimless" crime that requires a police force and the courts in order to protect those who in truth are society's true victims.

5.1. Summary of key arguments

The paper argues that prostitution should not be considered a victimless crime. At the same time, it recognizes the autonomy and independence of many women involved in prostitution. The solution proffered is an application of evaluative neutralism, according to which the practice should be evaluated from different perspectives and measures taken to address moral, social, and economic objections to the practice on the condition that important freedoms of women involved in it, such as mobility, independence, and privacy, are not infringed. The article thus counsels a delicate balancing act that is likely to appeal neither to advocates of the criminalization of prostitutes nor to advocates of the total deregulation of the practice. The paper has two parts. In the first part, some reasons why prostitution is not a victimless crime are given. These reasons concern the health and private lives of women involved in the practice, and the question of economic coercion. In the second and longer part, I consider a proposal for addressing some of the harms done to prostitutes that respect the principles underlying the argument that prostitution should be considered a victimless crime. This proposal is an application of what has been called evaluative moral pluralism. According to this moderate form of moral skepticism, people wrong others without considering them mere tools in the pursuit of their sexual pleasure or satisfaction. I argue that my approach is not as insensitive to equally important goods of individual agents as some critics of the evaluative skeptic have contended.

5.2. Future directions for policy and research

There are many areas for further research into street prostitution. Key questions relate to the extent of choice which street prostitutes have in being involved in prostitution. Education and personal safety training for use by street prostitutes may help such women deal with the problems they face. Research into banked versus non-banked earnings will assist in understanding the reasons for having multiple jobs. Correcting the current imbalance in the criminal justice system emphasis on street prostitute service users involves reviewing prostitution laws and ensuring that pimps and clients are held accountable for illegal practices. Given the level of harassment and violence faced by street prostitutes, the public perception of street prostitution in Ottawa seems to be that street prostitutes are morally indecent women who accept their fate in life and thus should be left alone despite the violence. Focusing on the push and pull model of street prostitution enables an appreciation of the circumstances surrounding why people choose to be street prostitutes. Future research exploring prostitution should take a micro-economic approach placing greater emphasis on working conditions, skill levels and finding evidence on the gender pay gap within and between different occupational pursuits. Despite the material benefits of being engaged in prostitution, working conditions in the paid sex industry are significant yet difficult to measure. Data measurement limitations are amplified because of the secretive nature of the paid sex industry. Further examination of health issues is also needed.

Related articles

Análisis detallado de la importancia de preservar la escena del crimen en investigaciones forenses.

1. Introducción En el campo de la justicia, la escena del crimen es uno de los lugares más importantes debido a que es el punto inicial en la investigación y búsqueda de pruebas en un área o lugar determinado. En ella se puede encontrar información esencial para el esclarecimiento de delitos. La manipulación indebida de la escena del crimen dificulta e impide el descubrimiento de evidencia que pudiera haber sido encontrada y recolectada. Por tal motivo, es necesaria una adecuada preservación, p ...

The Impact of Media Coverage on Public Perception in High-Profile Murder Cases

1. Introduction The effects of media coverage on public perceptions of high-profile murder cases have been studied in depth and shown to last for weeks and even years after the crime is committed. Scholars suggested that the public's perception can be shaped both by the quantity and the tone of the press reporting. While the literature on the effects of tone is scarce and its findings are rather inconclusive, the effects of the quantity of reports are better studied and well-documented. Most st ...

The Impact of Criminal Statistics on Shaping Public Policy and Perception

1. Introduction Of the primary roles served by sociological research on crime in American society, shaping public policy and perceptions of crime are foremost. Whether this topic has been examined for exploratory or value-based purposes, it has been an issue of continued concern for over half a century. A steady evolution of importance is the degree to which it has commanded a place within the sociological enterprise. Studies of media and public perceptions most frequently have indicated a rath ...

The Impact of Drug Trafficking on Society and Politics in Colombia and Latin America

1. Introduction The role that drug trafficking plays in the economy and politics of Colombia and other Latin American countries is examined. Drug trafficking is likened to crude oil production with all its attendant problems in the Middle East. The recent events in Panama produced by the stalled extradition of General Noriega on drug-trafficking charges are discussed as being symbolic of the problems produced in Colombia. The conflict between Ricardo Palmera's faction of the Fuerzas Armadas Rev ...

The Role of a Biological Detective in Solving Forensic Cases

1. Introduction A biological forensic expert, known as a biological detective, has always played an important role in crime reduction, especially during the investigation of criminal cases, whether it is violent crime, missing persons, or mass disaster scenarios. Traditionally, forensic biology aims to statistically define the evidential connection between a suspect, a victim, and exhibits recovered from the primary and secondary crime scenes. Signature characteristics of forensic biology inclu ...

The Impact of Socioeconomic Factors on the Rates of Crime in Urban Areas

1. Introduction In recent years, crimes in urban areas have increased significantly in many countries in the form of violence, residential and commercial burglary, drug trafficking, prostitution, and so forth. The increase of these crimes has raised awareness and prompted much research into this problem, in terms of the law, social, and economic. This study applies James Wilson's "broken window" theory and social disorganization theory to urban problems. The first theory attributes crime rates ...

The impact of societal attitudes on the treatment and support of victims of crime

1. Introduction Victims of crime frequently report negative experiences in their interactions with the criminal justice system. In part, this is due to the traditionally adversarial nature of the criminal justice system, the prioritizations of the Crown Prosecution Service and the police, as well as limited funding for victims' services. However, societal attitudes can play a significant part in compounding victims' difficulties. Perceptions about the vulnerability, blameworthiness, and credibi ...

The Role of Rehabilitation Programs in Successful Prisoner Reinsertion into Society

1. Introduction It is a generally renowned fact that the incarceration of offenders has numerous spillover consequences for former detainees, with the most visible ones being post-incarceration employment and recidivism. High community expense values for such consequences, particularly in connection to employment and insurance-of-renewability (recidivism), have urged a number of rehabilitation programs in order to mitigate former detainees' transition period. Now, over the past years the litera ...

Is Prostitution a Victimless Crime?

43 Pages Posted: 27 Dec 2013

Ushangi Bakhtadze

Sulkhan-Saba Orbeliani University/Sabauni

Date Written: May 26, 2013

Prostitution is often viewed as a crime without a victim, because it is hard to see prostitutes as victims of the activity in which they decided to participate voluntarily. This paper challenges the idea that prostitution is a victimless crime, drawing on analysis of just one type of prostitution – street prostitution. Moreover, it seeks to identify the appropriate response to street sex work and thereby, critically evaluates the different models of intervention, which different countries have adopted in order to regulate this activity. It concludes with a proposal that not only can reduce street prostitution but also help prostitutes to exit the profession.

Keywords: victimless crime, crime without a victim, prostitution, street prostitution, therapeutic jurisprudence, criminalisation, legalisation, decriminalisation

JEL Classification: K14

Suggested Citation: Suggested Citation

Ushangi Bakhtadze (Contact Author)

Sulkhan-saba orbeliani university/sabauni ( email ).

3 K.Kutateladze street www.sabauni.edu.ge Tbilisi, 0186 Georgia +9950322 42 22 42 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics, related ejournals, discrimination, law & justice ejournal.

Subscribe to this fee journal for more curated articles on this topic

Law & Society: International & Comparative Law eJournal

Human rights & the global economy ejournal, types of offending ejournal, human rights ejournal.

Subscribe to this free journal for more curated articles on this topic

Prostitution as a “Victimless” Crime Research Paper

• To find inspiration for your paper and overcome writer’s block
• As a source of information (ensure proper referencing)
• As a template for you assignment

Community-oriented policing, an organizational philosophy and management approach which has been effective in promoting community, government, and police partnerships, is often considered one of the most valuable ways to minimize both criminal activity and fear of crime in the community through proactive problem solving. However, the implications of the approach in dealing with “victimless” crime need some clarifications.

It has been maintained that the victimless crimes need not essentially be victimless and there are also views suggesting that the role of the law needs to be restricted. One of the major factors relating to the “victimless” crimes has been that they are considered a misnomer. In this investigative paper, the focus has been the identification of why “victimless” crimes may be a misnomer, analyzing the specific “victimless” crime of prostitution.

In an analysis of prostitution as a “victimless” crime, it is primary to maintain that there is an ongoing debate over the classification of the crime into the “victimless” crimes. To avoid an erroneous conclusion on the question of prostitution, it is fundamental to understand a “victimless” crime as a crime committed by an adult, not by a minor, who does not regard themselves as the victims of their behavior. Prostitution and the related offenses form the major part of the crimes observed as “victimless” crimes.

To have a clearer view, prostitution may be understood, as Joel Samaha puts it, as “an ancient business, prospering at all cultures at all times no matter what the condemnation of religion and morals. It’s also a crime nearly everywhere in the United States, persisting no matter how severe the laws or how tough the efforts of police to enforce them.” (p 456, Criminal Law, by Joel Samaha, Published by Thomson Wadsworth, 2004) To evaluate the crime of prostitution in terms of wrongness, it is unquestionable that prostitution is a practice that can permanently harm the good interest of the community and thereby it is a wrong done not the individuals concerned alone but the entire people residing in the community.

There have been multiple perspectives that view the problem of prostitution and public sexual activities differently. Whereas some do not believe the behavior of prostitution as composing a major public safety threat, others view the behavior as a “victimless crime” involving two consenting partners. Yet another group considers the behavior as a chief threat to the community’s “moral decency.” Prostitution and related sexual offenses and behaviors have significantly negative connotations to many people and often moral overtones encompass public discussions about the issue. “Community morals and beliefs about how the law should regulate morality will affect how each community addresses the problem…

Primarily, such activity constitutes nuisance behavior and does not pose a serious threat to community safety. However, there are many reasons why the police should care about it.” (Illicit Sexual Activity in Public Places, by Kelly Dedel Johnson) Some of the reasons for the intervention of the police include facts such as prostitution and public sexual activity can offend inadvertent witnesses, they deter the legitimate use of public spaces, they may cause the spread of sexually transmitted diseases etc. Therefore, the role of the police in the prevention social crimes such as prostitution is often maintained.

In the background of the demands for the intervention of the police to maintain social good against the evils such as prostitution, the usefulness of community-oriented policing comes to question. As Michael Palmiotto suggests, “The key question about community policing is whether it will produce safer communities.” (p 195, Community Policing: A Policing Strategy for the 21st Century, By Michael Palmiotto, Published by Jones & Bartlett Publishers, 2000) Although there is no definitive answer to the question as for now, some anecdotal evidences suggest the value of community policing in the maintenance of peace and safety of the people.

Attempts to perceive prostitution as a “victimless” crime calls for the intervention of the services such as community-oriented policing. However, there has been a strong intuition that prostitution and other “victimless” crimes are a misnomer and the laws to check such crimes are ineffective. “Laws to prevent “victimless” crimes generally have nothing to do with right or wrong, and are enacted in order to generate revenue for the government and/or justice system, and primarily, to condition the population into conformity.” (Crime and Punishment).

There have been serious debates on the deliberation of prostitution as one of the “victimless crimes.” People who advocate for strong legal action against prostitution are concerned of personal propriety or religious objection and not sympathy for the people involved. The value of the law against the “victimless crime” of prostitution has been often raised and various factors contribute to make the “victimless crimes” is considered misnomer. “That crimes such as drug use and prostitution have to be labeled “victimless” brings forth one of the most telling arguments: most people likely to be harmed by these acts suffer more under the law than they would under that from which they are supposedly being protected.” (Michael Norwitz – “Victimless-Crime Laws”).

In conclusion, it is important to establish that community-oriented policing has great validity in reducing the criminal activity as well as fear of crime in the community. On the one hand, it is argued that community-oriented policing may be effectively used in the prevention of the “victimless” crimes such as prostitution. On the other, there are serious debates regarding the postulation of prostitution as a “victimless” crime. Prostitution, often regarded as a “victimless” crime, has serious implications in terms of wrongness and the role of the law to deal with this crime is complex.

Bibliography

p 456, Criminal Law, by Joel Samaha, Published by Thomson Wadsworth, 2004.

Illicit Sexual Activity in Public Places, by Kelly Dedel Johnson). Web.

p 195, Community Policing: A Policing Strategy for the 21st Century, By Michael Palmiotto, Published by Jones & Bartlett Publishers, 2000.

Crime and Punishment. Web.

Michael Norwitz – “Victimless-Crime Laws”. Web.

• The Theory and Practice of the Privatisation of Prisons
• Drug Laws: Balancing Law Enforcement and Treatment Issues
• The Consequences of School Cheating
• Community-Oriented Policing in the United States
• Diagnostics in Paracetamol Overdosage Cases
• Role and Responsibility of a U.S Parole Officer
• Legal Causation in the Context of Homicide
• Parental Responsibility for Crimes of Children
• Crime and Punishment in Texas
• Three Perspective of One Crime
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2021, October 7). Prostitution as a “Victimless” Crime. https://ivypanda.com/essays/prostitution-as-a-victimless-crime/

"Prostitution as a “Victimless” Crime." IvyPanda , 7 Oct. 2021, ivypanda.com/essays/prostitution-as-a-victimless-crime/.

IvyPanda . (2021) 'Prostitution as a “Victimless” Crime'. 7 October.

IvyPanda . 2021. "Prostitution as a “Victimless” Crime." October 7, 2021. https://ivypanda.com/essays/prostitution-as-a-victimless-crime/.

1. IvyPanda . "Prostitution as a “Victimless” Crime." October 7, 2021. https://ivypanda.com/essays/prostitution-as-a-victimless-crime/.

IvyPanda . "Prostitution as a “Victimless” Crime." October 7, 2021. https://ivypanda.com/essays/prostitution-as-a-victimless-crime/.

Top 10 Pro & Con Arguments

Should prostitution be legal.

• Should Prostitution Be Legal?
• Sex Worker Views on Legalization
• Law Enforcement Views on Legalization
• Victimless Crime?
• Morality of Prostitution
• Human Trafficking
• Prostitution & Violence
• STD Prevention
• Legitimate Business?
• Government & Taxes

People who view this page may also like:

• Should Prostitution Be Legal? Top Pro & Con Quotes
• Should Marijuana Be a Medical Option?
• Percentage of Men (by Country) Who Paid for Sex at Least Once: The Johns Chart

ProCon/Encyclopaedia Britannica, Inc. 325 N. LaSalle Street, Suite 200 Chicago, Illinois 60654 USA

Natalie Leppard Managing Editor [email protected]

© 2023 Encyclopaedia Britannica, Inc. All rights reserved

• Artificial Intelligence
• Private Prisons
• Space Colonization
• Social Media
• Death Penalty
• School Uniforms
• Video Games
• Animal Testing
• Gun Control
• Banned Books
• Teachers’ Corner

Cite This Page

ProCon.org is the institutional or organization author for all ProCon.org pages. Proper citation depends on your preferred or required style manual. Below are the proper citations for this page according to four style manuals (in alphabetical order): the Modern Language Association Style Manual (MLA), the Chicago Manual of Style (Chicago), the Publication Manual of the American Psychological Association (APA), and Kate Turabian's A Manual for Writers of Term Papers, Theses, and Dissertations (Turabian). Here are the proper bibliographic citations for this page according to four style manuals (in alphabetical order):

[Editor's Note: The APA citation style requires double spacing within entries.]

[Editor’s Note: The MLA citation style requires double spacing within entries.]

Prostitution: A ‘victimless crime’?

For the vast majority of prostituted women, prostitution is the experience of being hunted, assaulted and battered.

When actress Anne Hathaway accepted her Oscar statuette last month for her supporting role in Les Miserables , she ended her speech by saying, “Here’s hoping that someday in the not too distant future, the misfortunes of Fantine will only be found in stories and never more in real life.”  

In Victor Hugo’s novel, Fantine is a young French woman who is abandoned after getting pregnant. As a single mother, she resorts to prostitution, and to selling her hair and teeth in order to support her daughter. Unfortunately, in 21st century America, Fantine’s nightmare lives on. 

The purchase and sale of American women and girls – the buying and selling of these human beings as property – continues all across the country. The key to making Hathaway’s hope a reality – and it’s a hope that any Americans share – is to dispel two myths related to the issue: first, that this is a victimless crime, and second, that it is a “free will” choice.  

Prostitution is often described as a “victimless crime”, or a “consensual crime”, because in theory, no one present at the crime is unwilling. In reality, this is a myth. In reality, prostitution of women is a particularly lethal form of violence against women, and a violation of a woman’s most basic human rights. 

It is rarely the media-approved version of prostitution, a sexy and highly-paid adventure where business is conducted at upscale bars and in hotel rooms; though some sex workers do have that experience, most do not. For the vast majority of prostituted women, prostitution is the experience of being hunted, dominated, harassed, assaulted and battered. 

Sadly, the majority of girls enter prostitution before they have reached the age of consent. In other words, their first commercial sexual interactions are rape. 

Research indicates that most women in prostitution were sexually and physically abused as children. The stories we hear daily at New Friends New Life (NFNL) , a social service agency restoring and empowering trafficked teens and sexually exploited women, corroborate those findings. 

“We’ve all been molested – over and over – and raped,” says one teen girl who completed the sexual abuse recovery therapy offered by NFNL. “We were sexually abused as children. We ran to get away. They didn’t want us in the house anymore. We were thrown out, thrown away.”

Another myth is that most women and girls choose to enter the sex industry. Again, while this is true for a small number of sex workers, the research indicates that for the vast majority of women and girls, it is a highly constrained choice. Ultimately, viewing prostitution as a genuine “choice” for women, such as secretarial work or waitressing, diminishes the possibility of getting women out and improving their lives.

In fact, more than 90 percent of prostituted women in various surveys want out, but lack viable alternatives. They are unable to leave because of their pimps, their addiction, or the need to feed their children. At New Friends New Life , the survivors we work with have described it as “the choice made by those who have no choice”.

The misconception that this is a choice makes outsiders less likely to help women and girls from getting much needed help, and it also shapes the way those women think about themselves. As one survivor said, “I couldn’t understand that I was victimised because I believed I must have chosen to be a prostitute. I initially refused to testify against my traffickers because I believed they were now the only people who accepted me.”

This is the reason why many girls “choose” to return to their traffickers; they feel shunned by society. If prostitution is a degenerate way of life, the public imagines, and if these women have chosen that life, they don’t deserve our help.

Traffickers will tell young women and children that the police won’t believe them, that their family will no longer want them, and that nobody will treat them nicely. And too often, this is true.

I have the same hope as Anne Hathaway. I believe when our culture and society exchanges judgment for compassion, healing can come to thousands of women and girls in America who are real-life like Fantines, whose misfortunes are anything but over.

Katie Pedigo is Executive Director of New Friends New Life , a non-profit that works to transform the lives of trafficked teens and exploited women.

Follow her on Twitter: @katiepedigo

• DOI: 10.2139/SSRN.2372009
• Corpus ID: 152383238

Is Prostitution a Victimless Crime

• Ushangi Bakhtadze
• Published 26 May 2013
• Social Science Research Network

One Citation

Mogućnosti unapređenja regulacije prostitucije u republici hrvatskoj u kontekstu rješenja u svijetu, 37 references, on the backs of working prostitutes: feminist theory and prostitution policy, the prostitution prism, legalizing prostitution: from illicit vice to lawful business, prostitution, aids, and preventive health behavior., policing prostitution: ten years on, the prostitution of women and girls, making sense of prostitution, from sex as sin to sex as work: coyote and the reorganization of prostitution as a social problem, criminal dilemmas: understanding and preventing crime.

• Highly Influential

Regulating sex for sale : prostitution, policy reform and the UK.

Related papers.

Showing 1 through 3 of 0 Related Papers

• Is There Such Thing as a Victimless Crime? Words: 1402
• Crime in Society: Costs and Response Words: 2153
• Crime Types and Their Harm to Society Words: 1432
• Organized Crime and Corporate Crime Words: 2229
• Crime Level Investigation in the United States Words: 1413
• Fear of Crime and Crime Rates Words: 828
• Crime in Texas: Security Strategies Words: 1959
• Crime Prevention Practices Overview Words: 2798
• Crimes Against Persons Words: 1378
• Syndicated and Organized Crime and Governmental Crime Words: 1012
• Crime Rates in the United States over 20 Years Words: 233
• Violent Crime in the USA Words: 669
• Feasibility of Modifying Crime Map Words: 2602
• Corporate Occupational and Avocational Crime Words: 1270
• How Technology Advances Influences Crime Rates? Words: 1385
• Property Crime Rates in Fayetteville, North Carolina Words: 1152
• Fight Against Crime and Its General Characteristics Words: 2489
• Crimes in Lisbon: Intervention or Prevention Words: 3082
• Comparison of Primary Crime Data Sources Used In the United States Words: 1778
• Situational and Social Crime Prevention Approaches Words: 3518
• The Rates of Crimes in America Words: 1393
• We Are Living in a Risk Society Governed Through Crime Words: 2660
• The Impact of Unemployment on Crime Rates Words: 1427
• Anthropological Theory of Politics, Violence and Crime Words: 3047
• Crime and Justice by Curie Words: 1104

Is Prostitution a Victimless Crime or Not?

Introduction.

Victimless crimes refers to category of felonies that involve one or more than one person through consensual agreement which results to no direct injury or loss, more importantly these crimes do not interfere with other people’s rights in any way. They are therefore referred as victimless crimes because no party is injured or willing to institute any legal proceedings for redress purposes. For a crime to qualify as a victimless crime it must satisfy three important characteristics; it should be fully consented by the participants, it should not interfere with anyone’s rights at all and finally it should not cause any pain or injury to the participants or third parties (Marlatt, 2004).

It is for these reasons that victimless crimes are also referred as consensual crimes or public order crimes because it is often the case that the issues involved in these crimes are issues of morality and public orderly. Because victimless crimes involve two contentious issues of morality and liberty, the legalization of this category of crime is always disputed on many grounds.

As it is, many governments worldwide are halfway committed in enacting or enforcing existing laws and regulations that deter people from engaging in these category of crimes or indeed their prosecution, but still a lot of resources continue being allocated towards addressing victimless crimes. Enforcement of victimless crimes is always contested from two major grounds by many critiques, factors that we shall closely analyze in the next chapters. One is on the basis of the nature of crimes themselves which are considered to be moral issues rather than an illegality per se, and as we all know morality is relative because it is based on personal values that cannot be defined by the State (Marlatt, 2004).

Therefore enforcing victimless crimes will first require States to set national moral standards which will act as benchmarks that would provide the framework of defining which victimless crimes to enforce. But there is a catch, because State in itself has no morals of its own since it is not an individual, rather the individuals entrusted with governance are the ones who usually determine standards of morality. Unfortunately standards of morality tends to differ very much, therefore what is morally right for John cannot be said to be the same for Mary and neither of them should use their moral basis to set the standard for the other.

The other factor from which victimless crimes are always contested has to do with liberty; because the principles of Common Law and natural justice demands that people be free to do what they like as long as they don’t interfere with other peoples liberties, it would be unfair and against natural laws of justice for the State to limit peoples liberties. Throughout this paper these are the core theories that we shall attempt to investigate in order to arrive at a fair assessment that would justify or otherwise refute the need for victimless crimes.

Forms of Victimless Crimes

There are many types of crimes that have no apparent victim or which do not cause injury for that matter; generally there are two forms that victimless crimes can take, one, victimless crimes that involve self only and two, victimless crimes that involve more than two persons (Ward, 2003). Oneself victimless crimes involve felonies that a person commit without involvement of any other party, typical examples include use of recreational drugs, not wearing seatbelt while driving, public nudity, abortions (which can be argued) and failure to wear helmets when riding motorbikes.

Incidentally these are the types of victimless crimes that are less serious and therefore not very much contested, on the other hand, victimless crimes that involve more than one person are the ones which seem to raise more contention despite their harmlessness. Prostitution, gambling and substance abuse are some of the most contentious victimless crimes which involve more than one person that are usually at the centre of victimless crimes debate.

This is probably because of the fact that these crimes occur at a very high rate within the society; for instance victimless crimes in US was responsible for more than 350,000 peoples serving jail time and another 1.5 million being on parole in 2003 according to Parenti (1999).To put into perspective the cost associated with enforcement and prosecution of victimless crimes in United States for instance let us briefly discuss the direct and indirect cost that the government incurs as far as victimless crimes are concerned.

Cost Implications of Enforcing Victimless Crimes

Most government prison systems are clogged by the high proportion of victimless crimes which makes up the majority of the cases, a good example to analyze is the United States prison system. Despite a general reduction in crime rate over the years, the United States prison system has continued to grow to be one of the most massive worldwide with a record of 7.3 million incarcerated persons as of 2008 that keeps on rising everyday 2008 (Parenti, 1999).

This is our first indication that the high number of persons incarcerated in US jails has nothing to do with serious crimes, which would indicate a significant proportion of persons jailed for victimless crimes. Indeed, United States is the leading country in the world with the highest number of persons incarcerated in jails and prisons; and also the leading country with the highest number of prisons, most of which have been built over the last few decades (Parenti, 1999).

In United States, like many other countries worldwide, incarceration is the major method that is used as punishment for convicted persons besides probation. By 2009, the total number of US federal prisons had exceeded the 115 mark, this is without counting the military prison facilities, state prison facilities and county jails among other forms of prisons that are usually outsourced by the governments from private companies (Parenti, 1999).

My hypothesis is that the increased expansion of the prison system in United States was largely driven by the increasing need to prosecute victimless crimes. This hypothesis is supported by the fact that since the start of early 1990, general crime rate in United States dramatically dropped to the lowest ever recorded rates in the country and have since remained relatively low, throughout the 1990 decade all forms of crimes, that ranged from homicides to shoplifting reduced by 40% across all cities in the country in what later come to be known as the “Great American Crime Decline” (Elsner, 2006).

In other cities such as New York which were prone to even high crime rates before this period, the drop in crime rate was even more dramatic and reduced by a whopping 75% (Elsner, 2006). In fact during the year 1990 up to 2006 for instance, the number of incarcerated persons in US prisons has risen to an all time of 2.3 million from just about a million prisoners in 1990 while another approximately 5 million were on probation (ThirdWorldTravellers.com, 2006). It is also during this period, over the last two decades that the United States government rapidly expanded it prisons facility and more than quadrupled its spending on prison system as shown in the chart below (ThirdWorldTravellers.com, 2006).

So the question then becomes why is the rate of incarceration been increasing at a time when all types of crimes have been decreasing to an all time lowest levels? To answer this question let us compare some crime rate statistics. In his book “Ain’t Nobody Business if You Do”, McWilliams states that 4 million persons are arrested in any given year for engaging in victimless crimes (cited in Ward, 2003).

What is more the government incurs cost in excess of $200 billion per year, costs that are associated with enforcement, deterrent and prosecution of victimless crimes. So if the government has committed this vast amount of resources towards controlling victimless crimes, it makes perfect sense that victimless crimes represents the majority of felonies that one is likely to be prosecuted for breaking?

If there is any doubt still left regarding the cost implications of deterring and prosecuting people from engaging in victimless crimes then consider this. United States prison system is one of the most efficient, organized and largest anywhere in the world not because it is the country with highest crime rate or even population but probably because of a phenomenon that was first defined by James Wilson as the “broken window theory” (Elsner, 2006).

In early 2000 the US legal system adopted new policy that required stiff penalties for felonies that were considered lesser crimes; the logic was that meting out harsh penalties for lesser crimes will deter people from committing more serious crimes, which is the essence of broken window theory. Unfortunately most of the “lesser crimes” that the government chose to make example out of were mostly victimless crimes such as drug related crimes, prostitution and gambling.

The result was that by 2006 after just six years of the implementation of this policy, per capita incarceration rate in US stood at 737 persons for every 100,000, far higher than the average rates for most developed countries with the exceptions of Russia and China (Elsner, 2006). In fact the number of convicted persons in US stood at 2.2 million by this period and another 7.3 million people on parole was far much more than in China at 1.5 million prisoners which have a population of 1 billion people (Elsner, 2006). Another way to look at it is that US accounted for 25% of all incarcerated persons anywhere in the world by 2006 while it only has 5% of the world population (Elsner, 2006).

Whichever way you look at it the fact remains that majority of crimes that most people still gets convicted for are basically victimless crimes. Before we consider the reasons that would make any government continue draining resources on an initiative that it should be less concerned with and which it makes no impact at all, let us briefly review the most common types of victimless crimes that many governments are so bent on abolishing.

Prostitution

The old adage that prostitution is the oldest profession on earth certainly has some elements of truth because since the man invented trade sex has always been one form of payment that was offered in exchange of good or with some other form of service. This is perhaps the ancient origin of prostitution business whose concept has essentially remained the same many thousands years later. Today the annual turnover of prostitution industry worldwide is in excess of 100 billion and a flourishing underground business in America (Pen.com, 2002). Prostitution involves consensual engagement or solicitation of sex by adults, it is one of the most common misdemeanors that someone is most likely to be arrested for. Indeed if the current statistics are anything to go by, prostitution is no longer an ancient profession but the largest as well.

In a report compiled by the National Task Force on Prostitution (NTFP) in 2003, 1 million is the modest estimates of women previously or currently engaged actively in the vice (Bayswan.org, 2010). This figure represent 1% of women population who are involved in the illegal business of prostitution not to mention 70% of their male counterparts estimated by the same report to have willingly engaged in prostitution at least once in their lifetime (Bayswan.org, 2010).

Because prostitution is one of the big three victimless crimes that many government allocates vast resources to control, it would be important to undertake a critical review to establish if it should indeed be regulated by considering the cost implications that it has in the society or in fact its benefits to the society. The theory that I wish to advance is that decriminalizing prostitution would be more beneficial from a pure perspective of cost-benefit analysis.

It is a widely held opinion by many policy makers that legalizing prostitution could be the way out of solving various issues such as human trafficking, child pornography and other related crimes that are associated with prostitution, yet except for few States in United States such as Nevada prostitution is still regarded as a felony in many other States and countries worldwide. A report published by Prostitute Education Network (PEN) as early as 1993 indicated that the effects of failing to legalize prostitution had started taking toll on the judiciary system because of the huge case pile up of prostitution related cases that had congested the judiciary as well as the prison system.

70% of all female arrest that were being made for instance at that time involved prostitution charges while male cases accounted for up to 20% (Meir, 2010). Like all victimless crimes there are many reasons why this type of crime should not continue to be enforced; decriminalizing victimless crimes will boost tax revenues and directly save the government a lot of money, decongest judicial and prison system, facilitate enforcement of serious crimes and promote human right through increased liberty.

Perhaps one of the most compelling reasons why prostitution should nolonger be considered as a crime in America are contained in a recent finding that has found a correlation between legalization of prostitution and the prevalence of rapes. In a research study done by Cundiff titled “Prostitution and Sex Crimes” that utilized a regressed model of testing theories the study found that if prostitution was made legal in the United States “the rape rate would decrease by roughly 25% which is a decrease of approximately 25,000 per year” (Cundiff, 2004). The findings of this research study are compatible with various other literatures on the subject which have largely attributed the phenomenon of rape to factors of “lust” and “power thesis” (Cundiff, 2004).

Because men are easily able to access the services of prostitutes at lower rates in jurisdictions that legalize prostitution, there is higher rate of utilization of this purposes that serve to diffuse the elements of lust and power thesis that usually compel men to commit rape (Cundiff, 2004).

The table below copied from the same study indicates the data on rape, sex and homicide to depict the relationship that exist between availability of sex and prevalence of rape as well as other homicide crimes. Let us consider data from just two countries; Portugal for instance has the lowest rape rates according to the data, but for good reasons, the frequency of sex per month is seen to occur at a rate of 95.2 times almost 8 times more than is the case for United States which incidentally has a rape rate of 32, this is one of the highest on the list as well as the homicide rate that appears to be correlated with rape rate (Cundiff, 2004).

This figures provides evidence that criminalizing victimless crimes has far reaching implications than is usually thought to be the case given that homicide rates indicated here are indeed a factor of rape which we have seen to be correlated with prostitution.

Drug Related Crimes

Substance Abuse is a term that is used to describe addiction to regular use of drugs that is characterized by a pattern that indicates reliance to particular type of substance which is not regarded as dependent. It is a term that is used to describe all types of drug use by a person which is not conditioned by any medical condition regardless of frequency of their intake (Chamberin, 2010).

Due to the breadth and width of types and nature of drugs use which can be described as substance abuse the World Health Organization allows for different definition of the term “substance abuse” which is generally categorized into four groups: medical definitions, public health definitions, mass communication definitions and criminal justice definitions (Chamberin, 2010). Drug abuse is categorized as a victimless crime because it involve willing user who willingly buys for purposes of consumption, the fact that “addiction” would indicate there is no free will to choose is still unresolved debate.

Currently the United Nations estimates that more than 100 million peoples worldwide regularly abuse the major types of hard drugs such as heroin, amphetamines, cocaine and other synthetic drugs (Sobell and Agrawal, 2009). However there is no estimate of the actual extent of all types of drugs abuse that is regularly used by majority of peoples which also include all forms of drugs that are usually referred as soft drugs such as alcohol, marijuana, barbiturates among others which affect hundreds of millions of peoples. In United States alone for example, approximately 24% of all patients admitted in hospital in year 2004 suffered from Mental Health and Substance Abuse disorders (MHSA) (Busko, 2007).

According to the 2008 report released by National Survey on Drug Use & Health, marijuana is the single most abused illicit substance in United States with 10% of the population regularly or occasionally abusing the drug (Busko, 2007). This is despite the existence of strict laws and regulation that have been developed to curb access and use of illegal drugs in general; decriminalizing this type of victimless crime would therefore lead to unimaginable increase in illicit drug usage.

In any case current studies indicate that drug abuse is probably not a victimless crime; a recent research study provides evidence that shows people who are most prone to abuse drugs have at one point in their life been victimized in one way or another (Celia, Young and Wesley, 2008). Because drug users resort to substance abuse because of what Celia et all refers as “illegitimate coping strategies”, the implication of this findings indicate that drug users are actively involved in completing the cycle of victimization because they are most likely to “victimize” other people when under the influence (Celia et al, 2008).

The effects of drug abuse in a country is a very costly affair; foremost drug use is sort of a past time that keeps people from engaging in constructive work that would contribute to building of economy. For instance, the 5% population in United States that are engaged in drug abuse, half of whom are marijuana users means they are denying government direct income inform of tax that would have been generated otherwise. And it doesn’t even end there, since the government has to allocate finances towards their rehabilitation as well as enforcing drug laws, this makes them unnecessary burden that cause unnecessary spending of money in this areas.

As if this is not enough drug use is directly proportion to the rate of crime in a country since addicts usually resorts to crimes in order to finance their habits; increased crime rate implies more funding to keep people secure in town and cities; if it is true that 40% of all assaults and violent robbery crimes are attributed to drug use; then it is safe to say curbing drug use will consequently reduce these crime rate by the same proportion (Elsner, 2006). There is no doubt therefore that substance abuse is at least one form of victimless crimes that should be highly regulated.

Gambling is a game that involves wagering money in most cases or anything of value for hope of winning perceived amount of money that is way above what someone is putting in. Currently it is estimated that legal gambling establishments are responsible for controlling a total of $335 billion per annum (Purcel, 1997). There is no doubt that gambling is a victimless crime because it is usually undertaken by parties based on various rules which they must fully consent before they can participate. The tendency to gamble has been described by one research study to conform to Extremely Frequent behavior (EFB) theory which is based on compulsion buying (Ricketts and Macaskill, 2003).

Compulsion spending is a behavior found even among general product consumers and is described as “repetitive and seemingly purposeful behaviors that are performed according to certain rules or in a stereotyped fashion” (Ricketts and Macaskill, 2003). The argument that I wish to advance is that compulsion spending when it comes in gambling is no different than what happens when one is actually spending on consumable goods. It would therefore make no sense in trying to limit people freedom in how best they wish to spend their legally earned money.

All forms of gambling or compulsive spending appears to be a symptom of more serious psychological disorders that influence this kind of spending; this is the same for even the most serious form of gambling referred as Pathological Gambling (PG). A research study by Ricketts and Macaskill that sought to theorize the main determinants of gambling in persons found that majority of gamblers are emotionally prone to become addicted (2003). As such gambling becomes a problem because of other factors that are not associated with loosing or winning aspects of the game. Central to these research findings is the fact that gamblers are as a matter of fact drastically hampered by lack of problem solving skills, have fewer choices of coping skills and markedly exhibits low self esteem compared to other people (Ricketts and Macaskill, 2003).

This is evidence enough which indicate that gambling is a function of several related factors that interact to make a person prone to addiction that is associated with gambling. Because gambling is an end product this would mean that criminalizing it is the wrong approach of solving this problem in the society, rather the government should allocate resources towards addressing these underlying problems to the 2% gamblers who are described as PG because they are the only one negatively affected when they engage in gambling.

Legislation Vs Individual Freedom

A central theme that emerges throughout this paper is the issue of liberty which is freedom to express oneself or act as anyone would wish to as long as their actions do not interfere with other people’s rights. The right to liberty and pursuit of happiness are two of the core values that are expressly provided by the United States constitution as captured in the Declaration of Independence and in the fourth amendment. Liberty is also provided in the Universal Human Rights article; when the government therefore implements legislations to limit these rights to act as one would wish as long as no other people’s right are trumped personal liberty is greatly curtailed and denied.

Libertarianism refers to a theory that advocates for individual freedom in terms of thoughts and actions, what will usually be referred as liberty. The ideology of libertarianism is founded on the principle of natural rights that existed before the advance of governments which is the reason that it advocates for personal liberty to come before the rights of the government.

The Self Ownership theory is an argument that libertarians advances to justify and defend the need for increased personal freedom; the self-ownership theory states that “individuals own themselves – their bodies, talents and abilities, labor, and by extension the fruits or products of their exercise of their talents, abilities and labor” (Dammon, 1987). Thus, because people own themselves they should be at liberty to do what they choose without being regulated by any form of authority, of course as long as their actions are not adverse to the welfare of the other members of the society.

An interesting point that is made by the critiques of libertarianism theory is that unrestricted freedom of choice negatively affects other members of the society that would not otherwise be the case if liberty was limited by the government. However I find this not to be a serious objection because failure to choose is actually a choice in itself; in that case, the section of people that argues to be disadvantaged by the choice of others actually appears to have made a conscious choice of not engaging in activities that they consider to be immoral such as prostitution or drug abuse.

If this section of people enjoys the full liberty to make choices out of their freewill why should they be the first to advocate for reduction of freedom of others? In A Theory of Justice, John Rawls derives the First Principle of Justice and the Second Principle of Justice from one of the key theories that he discusses; the difference principle. The First Principle states that “each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others” (Hikaru, 2009). This principle largely attempted to guarantee the basic human rights of all the persons in a society regardless of their beliefs and values, because these very concepts can never be universal.

History has also taught us that it would be futile for any government to intervene in matters of morality among its people because by and large morality is a term that is relative. For instance during 17 th century for a long time the government used to control the religious beliefs of the people by establishing government churches but which failed and the church was eventually separated from the government. However, legislation alone is not adequate in maintaining order in society and therefore individual freedom is always advocated as a better approach because it primarily allows people to make the right decisions without coercion from the state.

In fact legislation approach of governance indicates that this strategy is very much ineffective; for instance despite a major fear in increased drug abuse that would occur if marijuana use was legalized other research findings indicate otherwise. In some countries where marijuana smoking is legal such as in Denmark and Jamaica the practice is not as rampant as is the case in United States where it is illegal (Parenti, 1999).

Another factor that would support increased liberty is the cost associated with enforcement of most victimless crimes. Unlike legislation, increased liberty would not require any resources to enforce or pass laws because people are given the liberty to make their choices. This difference is substantial to the economy given that in the recently announced 2011 FY budget the Drug Enforcement Agency was awarded a total of $15.5 billion dollars to fight war on marijuana alone (DrugEnforcementAgency.com, 2010).

Because legislation is essentially incompatible with the fundamentals of liberty, personal freedom and the need of reliable laws has always been a balancing act that governments have to undertake in order to create a just and safe environment. It is when this balancing act is not well achieved that a society ends up with more victimless crimes than is necessary. In conclusion I would therefore say that most forms of legislation that decriminalize victimless crimes cannot be justified or defensible in that case because personal liberty is a far more valuable principle that governments are chosen and sworn to uphold and the very fabric that defines democracy in the world today. It is therefore time to uphold the spirit of democracy and human rights across the world by giving people more freedom in choosing the way that they wish to live their life; to achieve this we will have to have more of these victimless crimes.

Bayswan.org. (2010). North America Task Force on Prostitution . Web.

Busko, M. (2007). Mental Health Substance Abuse Disorders Account for 1 in 4 Hospital Stays . Web.

Celia, C. Young, K. & Wesley, C. (2008). The Effects of Victimization on Drug Use: A Multilevel Analysis. Journal of Substance Use and Misuse , 43(1): 1340-1361.

Cundiff, Kirby (2004). Prostitution and Sex Crimes . Web.

Chamberin, J., (2010). Mind Disorders . Web.

Dammon C. (1987). A Farewell to Marx: An Outline and Appraisal of his Theories . California: Penguin Books, Harmondsworth.

DrugEnforcementAdministration.  Marijuana . Web.

Elsner, A. (2006). Gates of Injustice: The Crisis in America’s Prisons . Washington, DC: FT Press

Hikaru, O. (2009). Ethical Theories-John Rawls: A Theory of Justice . Web.

ThirdWorldTravellers. (2006). U.S has the Most Prisoners in the World . Web.

Marlatt, A. (2004). Victimless Crimes . Web.

Meir, G. (2010). Prostitution – Regimes of Prohibition, Criminalization, and Regulation . Web.

Ward, D. (2003). Victimless Crimes . Web.

Parenti, C. (1999). LockDown America: Police and Prisons in the Age of Crisis . Web.

Purcel, K. (1997). Legalized Gambling: The Prostituting of America. Web.

Pen. (2002). Prostitution in the United States – The Statistics . Web.

Ricketts, T. & Macaskill, A. (2003). Gambling as Emotion Management: Developing a grounded theory of Problem Gambling. Addiction Research and Theory , 11(6): 383-400.

Sobell, B. and Agrawal S. (2009). Substance Abuse Disorders. Psychology of Addictive Behaviors , 23(4): 672-683.

Cite this paper

• Chicago (N-B)
• Chicago (A-D)

StudyCorgi. (2022, April 5). Is Prostitution a Victimless Crime or Not? https://studycorgi.com/is-prostitution-a-victimless-crime-or-not/

"Is Prostitution a Victimless Crime or Not?" StudyCorgi , 5 Apr. 2022, studycorgi.com/is-prostitution-a-victimless-crime-or-not/.

StudyCorgi . (2022) 'Is Prostitution a Victimless Crime or Not'. 5 April.

1. StudyCorgi . "Is Prostitution a Victimless Crime or Not?" April 5, 2022. https://studycorgi.com/is-prostitution-a-victimless-crime-or-not/.

Bibliography

StudyCorgi . "Is Prostitution a Victimless Crime or Not?" April 5, 2022. https://studycorgi.com/is-prostitution-a-victimless-crime-or-not/.

StudyCorgi . 2022. "Is Prostitution a Victimless Crime or Not?" April 5, 2022. https://studycorgi.com/is-prostitution-a-victimless-crime-or-not/.

This paper, “Is Prostitution a Victimless Crime or Not?”, was written and voluntary submitted to our free essay database by a straight-A student. Please ensure you properly reference the paper if you're using it to write your assignment.

Before publication, the StudyCorgi editorial team proofread and checked the paper to make sure it meets the highest standards in terms of grammar, punctuation, style, fact accuracy, copyright issues, and inclusive language. Last updated: April 5, 2022 .

If you are the author of this paper and no longer wish to have it published on StudyCorgi, request the removal . Please use the “ Donate your paper ” form to submit an essay.

An official website of the United States government, Department of Justice.

Here's how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

NCJRS Virtual Library

Women as victims in "victimless crimes:" the case of prostitution, additional details, no download available, availability, related topics.

The Prostitute as a Victim

Cite this chapter.

• Jennifer James Ph.D. 2 &
• Lois Lee Ph.D. 3  

Part of the book series: Women in Context: Development and Stresses ((WICO))

201 Accesses

3 Altmetric

Prostitution is often referred to as a “victimless crime” or a “crime without a complainant.” These terms are used to characterize crimes, such as vagrancy, gambling, pornography, and prostitution, wherein, typically, none of the involved citizens files a complaint with the police. Because the prostitute and her customer are involved in a mutually agreed–upon relationship, neither party feels any need for the services or interference of the authorities—in contrast to the relationship between a burglar and his homeowner victim, where the latter is quite clearly an involuntary participant in the interaction. Those who refer to the prostitute as a victim do so in a nonlegal sense. She is seen as a victim because of her life–style, her “immorality,” or her “degradation.”

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Subscribe and save.

• Get 10 units per month
• Download Article/Chapter or eBook
• 1 Unit = 1 Article or 1 Chapter
• Cancel anytime
• Available as PDF
• Read on any device
• Instant download
• Own it forever
• Available as EPUB and PDF
• Compact, lightweight edition
• Dispatched in 3 to 5 business days
• Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Unable to display preview.  Download preview PDF.

Similar content being viewed by others

Prostitution

The Myth of the Happy Hooker: Kantian Moral Reflections on a Phenomenology of Prostitution

Systems of Prostitution and Pornography: Harm, Health, and Gendered Inequalities

Anderson, A. Prostitution and social justice. Social Service Review , 1974, 48 (2), 203.

Article   Google Scholar  

Benjamin, H., and Masters, R. Prostitution and morality . New York: Julien Press, 1964.

Google Scholar  

Cams, D. Talking about sex: Notes on first coitus and the double sexual standard. Jour-nal of Marriage and the Family , 1973, 35, 677–688.

Chambliss, W. Crime and the legal process . New York: McGraw-Hill, 1969.

Choisy, M. Psychoanalysis of the prostitute. New York: Philosophical Library, 1961.

Clinard, M. Sociology of deviant behavior. New York: Rinehart and Company, 1959.

Cole, G. Criminal justice: Law and politics. New York: Duxbury Press, 1972.

Davis, K. The sociology of prostitution. American Sociological Review , 1937, 2, 744–755.

Davis, N. The prostitute: Developing a deviant identity. In J. Henslin (Ed.), Studies in the sociology of sex . New York: Appleton-Century-Crofts, 1971, pp. 297–322.

DeFrancis, V. Protecting the child victims of sex crimes committed by adults. American Humane Association, Children’s Division, Final report. Denver: 1969, p. 215.

Eastman, W. First intercourse: Some statistics on who, where, when, and why. Sexual Behavior , 1972, 2 , 22–27.

Esselstyn, T. C. Prostitution in the United States. Annals of the American Academy of Political and Social Science , 1968, 376, 123–135.

Ferracuti, F. Incest between father and daughter. In H. Resnik and E. Wolfgang (Eds.), Sexual behaviors: Social , clinical , and legal aspects . Boston: Little, Brown, 1972, pp. 159–183.

Gagnon, J. Female child victims of sex offenses. Social Problems , 1965, 13, 176–192.

Gagnon, J., and Simon, W. Sexual conduct . Chicago: Aldine, 1973.

Gray, D. Turning-out: A study of teen-age prostitution. Urban Life and Culture , 1973, 1, 401–425.

Greenwald, H. The elegant prostitute . New York: Ballantine, 1970.

Hollander, M. Prostitution, the body and human relatedness. International Journal of Psychoanalysis , 1961, 42, 404–413.

Holmes, K. Reflections by gaslight: Prostitution in another age. Issues in Criminology’ , 1972, 7 (1), 83.

Jackman, N., O’Toole, R., and Geis, G. The self-image of the prostitute. In J. Gagnon and W. Simon (Eds.), Sexual deviance . New York: Harper and Row, 1967, pp. 133–146.

Jaffe, A., Dynneson, L., and Ten Bensel, R. Sexual abuse of children. American Journal of Disabled Children , 1975, 129, 689–692.

CAS   Google Scholar  

James, J. A formal analysis of prostitution. Final report to the Division of Research , State of Washington Department of Social and Health Services, Olympia, Wash., 1971.

James, J. The prostitute-pimp relationship. Medical Aspects of Human Sexuality , 1973, 7 , 147–160.

James, J. Motivations for entrance into prostitution. In L. Crites (Ed.), The female offender: A comprehensive anthology University, Ala.: University of Alabama Press, 1976. (a)

James, J. Normal men and deviant women. Unpublished manuscript, 1976. (b)

James, J., and Meyerding, J. Early sexual experience in prostitution. The American Journal of Psychiatry , 1977, 134 (12), 1381–1385.

PubMed   CAS   Google Scholar  

Kantner, J., and Zelnick, M. Sexual experience of young unmarried women in the United States. Family Planning Perspectives , 1972, 4, 9–18.

Article   PubMed   CAS   Google Scholar  

Kemp, T. Prostitution: An investigation of its causes , especially with regard to hereditary factors . Copenhagen: Levin and Munksgaard, 1936.

Kinsey, A., Pomeroy, W., Martin, C., and Gebhard, P. Sexual behavior in the human female . Philadelphia: Saunders, 1953.

Kirk, S. Clients as outsiders: Theoretical approaches to deviance. Social Work , 1972, 17, 24.

Lombroso, C. The female offender . New York: D. Appleton and Company, 1898.

Maerov, A. Prostitution: A survey and review of 20 cases. Psychiatric Quarterly , 1965, 39, 675–701.

Pomeroy, W. Some aspects of prostitution. Journal of Sex Research , 1965, 3, 177–187.

Rosenblum, K. Female deviance and the female sex role: A preliminary investigation. British Journal of Sociology , 1975, 25 (June), 69–85.

Sorensen, R. Adolescent sexuality in contemporary America . New York: World, 1973.

Stein, M. Lovers , friends and slaves . New York: Putnam, 1974.

Uniform Crime Reports. Crime in the United States . Washington, D.C.: U.S. Government Printing Office, 1974, 1975.

United Nations. International Convention for the Suppression of the White Slave Traffic. New York: United Nations Publishing, 1951.

Weiner, I. On incest: A survey. Excerpta Criminologica , 1964, 4 , 137–155.

Winick, C., and Kinsie, P. The lively commerce . New York: New American Library, 1971.

Wittels, F. Sex habits of American women . New York: Eton, 1951.

Download references

Author information

Authors and affiliations.

Department of Psychiatry and Behavioral Sciences, University of Washington Medical School, Seattle, Washington, 98195, USA

Jennifer James Ph.D. ( Associate Professor )

Children of the Night, a social service program for teenage prostitutes, Beverly Hills, California, 90211, USA

Lois Lee Ph.D. ( Founder )

You can also search for this author in PubMed   Google Scholar

Editor information

Editors and affiliations.

University of California at Los Angeles, Los Angeles, California, USA

Martha Kirkpatrick M.D.

Rights and permissions

Reprints and permissions

Copyright information

© 1982 Springer Science+Business Media New York

About this chapter

James, J., Lee, L. (1982). The Prostitute as a Victim. In: Kirkpatrick, M. (eds) Women’s Sexual Experience. Women in Context: Development and Stresses. Springer, Boston, MA. https://doi.org/10.1007/978-1-4684-4025-6_15

Download citation

DOI : https://doi.org/10.1007/978-1-4684-4025-6_15

Publisher Name : Springer, Boston, MA

Print ISBN : 978-1-4684-4027-0

Online ISBN : 978-1-4684-4025-6

eBook Packages : Springer Book Archive

Share this chapter

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

• Publish with us

Policies and ethics

• Find a journal
• Track your research

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

• We're Hiring!
• Help Center

Is Prostitution a Victimless Crime

Prostitution is often viewed as a crime without a victim, because it is hard to see prostitutes as victims of the activity in which they decided to participate voluntarily. This paper challenges the idea that prostitution is a victimless crime, drawing on analysis of just one type of prostitution – street prostitution. Moreover, it seeks to identify the appropriate response to street sex work and thereby, critically evaluates the different models of intervention, which different countries have adopted in order to regulate this activity. It concludes with a proposal that not only can reduce street prostitution but also help prostitutes to exit the profession.

Related Papers

Caitlin van der Merwe

Julius T Jaesen II

Introduction Prostitution is defined as a form of non-marital sexual activity characterized by financial reward and absence of long-term fidelity between two parties (Tierney, H.1999). Prostitution has been widely debated, condemned for its immoral and degrading nature. On the other hand, there are liberal feminists who have counter argued saying that prostitution is very empowering. The controversy surrounding prostitution has divided feminists worldwide. Radical feminists are of the opinion that prostitution is an institution of male dominance that exploits economically vulnerable and emotionally damaged women for the sake of male pleasure. In this regard, prostitutes become involuntary victims of patriarchy or conscious participants in the degradation of women. This therefore has impacts on all women as a group as prostitution continually affirms and reinforces patriarchal definitions of women as having a primary function to serve men sexually. Conversely, liberal feminists find in prostitution a practice of women‘s resistance to and sexual liberation from norms and traditional moral precepts of sexuality that have long served to control and subordinate women. Others see prostitution as a means of wrestling patriarchal control over women‘s sexuality that women should be at liberty to do (Tamale, S, 2008). Prostitution therefore raises moral and legal questions. The legal question is should the practice be criminalized? In addition, the moral question is, is it wrong to sell or buy sex? These are questions I will endeavor to answer which are informed by the lived realities of women who make their living through prostitution. Prostitution or the selling of sex is, as some would call it, one of the oldest professions in the world as it has been there since time immemorial. What is of interest is the way the law has decided to make it its business who and how people have sex by criminalizing prostitution. As criminal law is meant to regulate social harms, what harm is caused by prostitution? The law seems to be a toothless bulldog in light of the fact that regardless of the criminalization of prostitution many women still engage in the trade and make a living out of it. Criminalizing prostitution seems to be a futile exercise as it is failing to achieve the intended results that of deterring other possible perpetrators; instead. it just frustrates the women who engage in it as they are essentially constantly harassed by the police without any prosecution. Why are there double standards as regards prostitution; why is it that it is only the sellers and not the buyers who are penalized? Is it not a case for patriarchy to further want to domesticate women and ensure that their sexuality is controlled and tamed within marriage? Considering that women in Africa are the least educated and when they are employed it is usually an extension of work done in the domestic arena which is the least paid; is prostitution not one of the better choices from the pool of work that they have to choose from? (Tamale, S, 2008). It is therefore a need to look at prostitution as work and not on the sex as it were so that prostitutes not further driven underground which makes them vulnerable and susceptible to violence. Criminalization creates a culture permitting violence against sex workers and sanctions violence and discrimination against them. Sex workers are also afraid to report crimes against them, knowing that police may arrest them or may not take their claims seriously. If criminalization has failed to reduce prostitution or protect the most vulnerable, what alternative model should take its place? It is this research case that prostitution should be viewed as a legitimate option of work for women that identifies with bodily autonomy, financial independence and the notion of choice (Sanders et al 2009, 23).

Magaly Rodriguez Garcia

Alexis Aronowitz

Ronald Weitzer

Kate Galilee

The Encyclopedia of Criminology and Criminal Justice

Aimee Wodda

This entry provides a thorough overview of the various types of act that fall under the umbrella term “prostitution”; it describes various forms of solicitation and the individuals engaged in these exchanges; and it offers descriptive statistics. The criminal justice response to prostitution is examined, with a focus on the strengths and weaknesses of arguments surrounding criminalization, decriminalization, and legalization. The summary concludes with a review of the global context of sex trafficking.

Journal of Feminist Family Therapy

Karni Kissil

Accounts of the governance of prostitution have typically argued that prostitutes are, in one way or another, stigmatised social outcasts. There is a persistent claim that power has operated to dislocate or banish the prostitute from the community in order to silence, isolate, hide, restrict, or punish. I argue that another position may be tenable; that is, power has operated to locate prostitution within the social. Power does not operate to 'de-socialise' prostitution, but has in recent times operated increasingly to normalise it. Power does not demarcate prostitutes from the social according to some binary mechanics of difference, but works instead according to a principle of differentiation which seeks to connect, include, circulate and enable specific prostitute populations within the social. In this paper I examine how prostitution has been singled out for public attention as a socio-political problem and governed accordingly. The concept of governmentality is used to think through such issues, providing, as it does, a non-totalising and non-reductionist account of rule. It is argued that a combination of self-regulatory and punitive practices developed during modernity to manage socially problematic prostitute populations.

Charmaine Jelbert

This thesis focuses on the British human trafficking prevention policies adopted for the 2012 London Olympics using mixed methods including participation-observation, qualitative interviews, theoretical analysis and policy evaluation. I was invited to observe the Human Trafficking Network and London 2012, the Mayor of London’s official response to the claim that human trafficking would increase at the London Olympics. My presence enabled me to witness first-hand the key policy debates surrounding human trafficking intervention and to conduct a series of in-depth interviews with members of the Human Trafficking Network as well as associated professionals such as the United Kingdom Human Trafficking Centre, MPs, governmental and non-governmental agencies, law enforcement officials, anti-trafficking groups, sex workers, sex workers outreach services and academics. In addition to collecting rich empirical data, I contexualise these policy debates within two relevant theoretical frameworks. First, I draw upon the work of Weitzer (2007) to examine the construction of the four underlying claims that human trafficking increases before and during large sporting events. Significantly, this perspective is built upon an anti-prostitution agenda of the partial criminalisation proponents, which collapses all migration for prostitution together with human trafficking (Weitzer 2005, Kempadoo 2005, Milivojevic and Pickering 2008, Kinnell 2009, Mai 2009, Mai 2012, Weitzer 2014). This same conceptualisation of human trafficking as the nexus of prostitution, migration and crime is replicated within the global anti-trafficking framework (Milivojevic and Pickering 2013), resulting in two approaches to human trafficking prevention policies — Security Governance and Human Rights — which together resulted in preventions measures that target prostitution and control migration. Finally, I draw upon my empirical evidence to critically examine the effects of the claim that human trafficking increases over the Olympics and, moreover, situate the response by the Mayor of London within the global anti-trafficking framework. This framework highlights the contradictions and, in some instances, failures between the approaches to human trafficking and the stated purpose of the Human Trafficking Network. The thesis concludes with two innovative policy recommendations for human trafficking prevention programmes.

Loading Preview

Sorry, preview is currently unavailable. You can download the paper by clicking the button above.

RELATED PAPERS

JOURNAL OF CRIMINAL LAW & CRIMINOLOGY

Elaine Jeffreys

Lisa Carson

Matthias Lehmann

International Review of Victimology

Corey Shdaimah

Safer Communities

RELATED TOPICS

•   We're Hiring!
•   Help Center
• Find new research papers in:
• Health Sciences
• Earth Sciences
• Cognitive Science
• Mathematics
• Computer Science
• Academia ©2024

• Argumentative
• Ecocriticism
• Informative
• Explicatory
• Illustrative
• Problem Solution
• Interpretive
• Music Analysis
• All Essay Examples
• Entertainment
• Law, Crime & Punishment
• Artificial Intelligence
• Environment
• Geography & Travel
• Government & Politics
• Nursing & Health
• Information Science and Technology
• All Essay Topics

Prostitution Victimless Crime

Prostitution: A Controversial Debate on Victimless Crime

Introduction: Prostitution, often considered a victimless crime, has long been a topic of intense debate. While some argue that it is a consensual transaction between adults, others view it as an exploitative industry that perpetuates gender inequality and human trafficking. This essay aims to explore the complexities of prostitution as a victimless crime and shed light on the various perspectives surrounding this contentious issue.

Body Paragraph 1: Prostitution as a Voluntary Transaction Many proponents of decriminalizing prostitution argue that it is a consensual transaction between adults, thereby making it a victimless crime. They contend that individuals have the autonomy to engage in sex work and should have the right to do so without fear of legal repercussions. In this view, adult sex workers willingly enter the industry, providing a service to consenting clients, and should be afforded the same rights and protections as workers in any other profession. Supporters of this perspective believe that criminalizing prostitution only serves to marginalize and stigmatize sex workers, placing them at greater risk of violence and exploitation.

Body Paragraph 2: Exploitation and Vulnerability On the other hand, opponents of prostitution argue that the industry inherently exploits vulnerable individuals, particularly women and marginalized communities. They contend that the majority of individuals involved in prostitution are not there by choice but are forced into the trade due to economic hardships, human trafficking, or coercion. These individuals often face severe physical and emotional abuse, making it difficult to argue that prostitution is truly victimless. Critics of the industry advocate for the criminalization of buyers and pimps, while offering support and exit strategies for those involved in sex work.

Body Paragraph 3: The Role of Regulation and Legalization Another perspective suggests that the regulation and legalization of prostitution can address some of the concerns surrounding the industry. By providing a legal framework, proponents argue that sex workers can access healthcare, protection from violence, and fair labor practices. They argue that legalizing prostitution would allow for better regulation, ensuring the safety of workers and reducing the influence of criminal elements. However, critics argue that regulation and legalization may inadvertently increase demand, leading to an expansion of the industry and further exploitation.

Conclusion: Prostitution is undeniably a complex issue, with valid arguments on both sides. While some argue that it is a victimless crime, others highlight the inherent vulnerabilities and exploitation present within the industry. As society continues to grapple with these complexities, it is crucial to prioritize the well-being and agency of those involved in sex work. Promoting dialogue, supporting comprehensive social programs, and addressing the underlying factors that contribute to prostitution can ultimately lead to a more nuanced understanding and approach to this contentious issue.

Related Essays

• Victimless Crimes : Prostitution, Marijuana, And Euthanasia
• White Collar Crime Is Victimless Crime
• John Stuart Mill's Elimination Of Victimless Crimes
• Is Prostitution A Crime?
• Jordyn Cohen Criminology: What Is A Victimless Crime

Victimless Crimes Essay

Victimless crime is a term used to describe actions that are considered illegal but do not directly harm any individual other than the person committing the act. These crimes typically involve consensual activities between adults that are deemed morally or socially unacceptable by certain segments of society or by law. Examples of victimless crimes include drug use, prostitution, gambling, and certain forms of pornography. Despite the absence of a clear victim, these activities are still subject to legal prosecution in many jurisdictions around the world. One of the key debates surrounding victimless crimes revolves around the question of whether the state should intervene in activities that do not harm others. Proponents of decriminalization argue that individuals should have the freedom to engage in consensual activities without fear of criminal punishment, as long as they do not infringe upon the rights or safety of others. They argue that criminalizing victimless activities leads to unnecessary incarceration, strains law enforcement resources, and perpetuates social stigma against marginalized groups. On the other hand, opponents of decriminalization argue that certain activities deemed victimless can have broader societal implications. For example, they argue that drug use can contribute to addiction, health problems, and social instability, even if the immediate participants are consenting adults. Similarly, opponents of prostitution argue that it perpetuates exploitation, human trafficking, and the objectification of individuals, particularly women. From this perspective, criminalizing victimless activities is seen as a means of protecting public health and morality. Another dimension of the victimless crime debate relates to the effectiveness of criminalization as a deterrent. Critics of criminalization argue that punitive measures such as imprisonment do little to address the root causes of victimless behaviors and may exacerbate social inequalities. They advocate for alternative approaches such as harm reduction, education, and rehabilitation, which aim to address the underlying factors driving these activities. Proponents of criminalization, however, contend that legal penalties are necessary to deter individuals from engaging in behaviors that are deemed harmful or immoral. In conclusion, victimless crimes present complex ethical, legal, and social challenges that defy easy resolution. While proponents of decriminalization argue for individual autonomy and harm reduction, opponents emphasize the broader societal implications and the need for moral regulation. Ultimately, finding a balance between personal freedom and public welfare remains a contentious issue in the ongoing discourse surrounding victimless crimes....

• Privacy & Security
• Cybercrime and Online Safety

Music Piracy Is Not A Victimless Crime Essay

Music piracy, often portrayed as a victimless crime, is a pervasive issue that adversely impacts various stakeholders within the music industry. Contrary to popular belief, it is not solely the wealthy record labels or established artists who suffer from piracy; rather, it affects the entire ecosystem of musicians, songwriters, producers, and other creative professionals involved in the music-making process. Additionally, it undermines the economic viability of the industry, hampers artistic innovation, and deprives artists of rightful compensation for their work. One significant consequence of music piracy is its detrimental effect on artists' livelihoods. Musicians and other creatives rely on revenue generated from the sale and streaming of their music to sustain their careers. Piracy diminishes their ability to earn a living wage, as illegal downloading and streaming deprive them of potential income. This loss of revenue not only impacts established artists but also emerging talent striving to make a name for themselves in an already competitive industry. Without adequate compensation, artists may struggle to finance their projects, tour, or even afford basic living expenses, ultimately hindering their ability to continue creating music. Furthermore, music piracy undermines the economic stability of the entire music industry. Revenue generated from legitimate sales and streaming platforms contributes to funding future projects, supporting music labels, and providing employment opportunities for countless individuals within the industry. However, when consumers opt for pirated music instead, it disrupts this financial ecosystem, leading to reduced investment in new talent, studio recording, and promotional efforts. Ultimately, this hampers the industry's ability to thrive and adapt to changing consumer preferences, stifling innovation and creativity. Another often overlooked aspect of music piracy is its impact on intellectual property rights and artistic integrity. When individuals unlawfully distribute or download copyrighted music without permission, they disregard the rights of the creators and undermine the value of their work. This not only diminishes the incentive for artists to continue producing high-quality music but also fosters a culture of entitlement among consumers, where the notion of paying for music is increasingly devalued. As a result, artists may feel discouraged from pursuing their passion, knowing that their efforts may be exploited without fair compensation. In conclusion, music piracy is far from a victimless crime; it has wide-ranging repercussions that extend beyond the artists themselves. From stifling creativity and innovation to undermining the economic viability of the music industry, piracy poses a significant threat to the livelihoods of countless individuals involved in the creation and distribution of music. As consumers, it is imperative to recognize the impact of our actions and support artists by respecting their intellectual property rights and compensating them fairly for their work. Only then can we ensure the continued vibrancy and diversity of the music landscape for generations to come....

• Language and Dialects
• Individual and Society

Why There Are No Victimless Crimes

In society, the concept of victimless crimes is often debated. Some argue that certain actions, such as drug use or prostitution, should not be considered crimes because they do not directly harm others. However, upon closer examination, it becomes clear that there are no truly victimless crimes. One of the main reasons why there are no victimless crimes is that every action has consequences that can impact others. For example, drug use may seem like a personal choice, but it can have far-reaching effects on the individual's family, friends, and community. Drug addiction can lead to financial strain, emotional turmoil, and even violence. In this way, what may appear to be a victimless crime actually has a ripple effect that harms others. Furthermore, the idea of victimless crimes overlooks the power dynamics at play in society. For instance, in the case of prostitution, it is often argued that as long as both parties are consenting adults, there is no harm done. However, this perspective fails to consider the larger societal factors that may be influencing individuals to engage in such activities. Economic inequality, gender discrimination, and lack of access to resources can all contribute to someone feeling like they have no choice but to participate in activities that may be harmful to themselves or others. Additionally, the notion of victimless crimes ignores the potential for exploitation and abuse. For example, in the case of drug trafficking, those involved in the trade may be subject to violence, coercion, and manipulation. Even if the individuals participating in the activity are willing, they may not fully understand the risks involved or the impact their actions have on others. This highlights the complexity of the issue and the need to consider the broader implications of seemingly victimless crimes. In conclusion, the idea of victimless crimes is a misleading one. Every action we take has the potential to impact others, either directly or indirectly. By recognizing the interconnectedness of society and the power dynamics at play, we can better understand why there are no truly victimless crimes. It is essential to consider the broader implications of our actions and work towards creating a more just and equitable society for all....

• Laws & Regulations
• Legal Cases

Laws Against Victimless Crimes

Victimless crimes are actions that are deemed illegal but do not directly harm any individual other than the person committing the act. Examples of victimless crimes include drug use, gambling, and prostitution. These activities are often seen as personal choices that do not infringe upon the rights or well-being of others. However, despite the lack of a clear victim, these actions are still subject to legal repercussions in many societies. One of the main arguments against laws prohibiting victimless crimes is that they infringe upon individual freedoms and autonomy. Proponents of decriminalization argue that adults should have the right to make choices about their own bodies and behaviors, as long as they are not harming others. By criminalizing victimless crimes, the government is seen as overstepping its bounds and interfering in personal matters that should be left to the discretion of the individual. Furthermore, the enforcement of laws against victimless crimes can have unintended consequences that actually harm society as a whole. For example, the criminalization of drug use can lead to overcrowded prisons, strained law enforcement resources, and a thriving black market. Instead of addressing the root causes of addiction and substance abuse, these laws often exacerbate the problem by stigmatizing individuals in need of help and driving them further underground. In conclusion, laws against victimless crimes raise important questions about the role of government in regulating personal behavior. While some argue that these laws are necessary to maintain social order and protect public health, others believe that they infringe upon individual rights and create more harm than good. As society continues to grapple with these complex issues, it is important to consider the impact of these laws on personal freedoms, public safety, and the overall well-being of communities....

Cyberbullying Is Not A Victimless Crime

In today's digital age, the prevalence of cyberbullying has become a significant concern, highlighting the need for increased awareness and preventive measures. Contrary to the misconception that cyberbullying is a victimless crime, its impact can be profound and far-reaching, causing emotional distress, psychological harm, and even tragic consequences for those targeted. One of the key misconceptions about cyberbullying is the notion that it occurs in a vacuum, detached from the real world. However, the effects of cyberbullying can extend well beyond the digital realm, infiltrating various aspects of a victim's life. Unlike traditional forms of bullying, which may be confined to specific locations or times, cyberbullying follows victims wherever they go, permeating their online interactions and affecting their offline relationships and mental well-being. Moreover, the anonymity afforded by online platforms often emboldens perpetrators to engage in behaviors they might not exhibit in face-to-face interactions. This anonymity can amplify the harmful effects of cyberbullying, as victims may feel powerless to defend themselves or seek support. Additionally, the viral nature of social media can magnify the reach and impact of cyberbullying incidents, leading to widespread humiliation and shame for those targeted. Furthermore, cyberbullying can have long-term consequences for both victims and perpetrators. For victims, the psychological trauma inflicted by cyberbullying can persist well into adulthood, leading to issues such as anxiety, depression, and low self-esteem. In extreme cases, cyberbullying has been linked to suicide, highlighting the urgent need for effective intervention and support services. In conclusion, cyberbullying is not a victimless crime but rather a pervasive and harmful phenomenon that can have devastating effects on individuals and communities. By recognizing the seriousness of cyberbullying and taking proactive measures to address it, we can create safer and more inclusive online environments for everyone. From implementing strict policies against cyberbullying to fostering a culture of empathy and respect, it is essential to work together to combat this insidious form of harassment and protect the well-being of all individuals....

• Social Issues
• Social Psychology of the Internet

Prostitution And Gambling In John Landesco's Organized Crime

The issue of prostitution and gambling has long been a controversial topic in society, eliciting both moral and legal debates. In John Landesco's book "Organized," he delves into the dark underbelly of organized crime, shedding light on the intricate networks that facilitate these illicit activities. This essay will explore Landesco's perspective on the intertwining worlds of prostitution and gambling, analyzing the social, economic, and ethical implications they pose. First and foremost, it is essential to understand the historical context of prostitution and gambling. These practices have existed for centuries and have often been associated with organized crime. Landesco argues that the clandestine nature of these activities allows criminal organizations to exploit vulnerable individuals and communities. Prostitution, in particular, raises concerns about human trafficking, exploitation, and the commodification of women's bodies. The presence of gambling, on the other hand, can lead to addiction, financial ruin, and social instability. From an economic perspective, Landesco highlights how prostitution and gambling can have both positive and negative impacts on local economies. On one hand, these activities generate substantial revenue, providing jobs and stimulating economic growth. Prostitution, for instance, can attract tourists and increase tourism-related businesses. Similarly, gambling establishments contribute to employment opportunities and tax revenue. However, Landesco argues that the economic benefits are often overshadowed by the negative consequences. The underground nature of these activities means that they often operate outside the regulatory framework, resulting in lost tax revenue and unfair competition with legal businesses. Furthermore, Landesco delves into the ethical complexities surrounding prostitution and gambling. The moral implications of these practices have long been a subject of debate, with arguments ranging from personal autonomy to the objectification of individuals. Some argue that consenting adults should have the freedom to engage in these activities as long as they do not harm others. However, others contend that the inherent power dynamics and potential for exploitation make it difficult to ensure genuine consent. Similarly, gambling raises concerns about addiction and its impact on individuals and their families. In conclusion, John Landesco's book "Organized" sheds light on the intricate web of prostitution and gambling and the repercussions they have on society. While these activities have economic implications and raise ethical questions, it is crucial to consider the negative consequences they often bring. By exploring these issues in depth, Landesco encourages readers to critically examine the role of organized crime in perpetuating these practices and to consider potential solutions that prioritize the well-being of individuals and communities....

• Public Services

Crime : Crime And Crime

In contemporary society, the issue of crime stands as a multifaceted and pressing concern that permeates various aspects of daily life. From petty theft to organized crime syndicates, criminal activities manifest in diverse forms and contexts, posing significant challenges to individuals, communities, and governments worldwide. This essay aims to explore the intricate dynamics of crime, delving into its root causes, societal implications, and potential avenues for mitigation. At its core, crime encompasses a spectrum of behaviors that contravene established laws and social norms, ranging from minor infractions to heinous offenses. Understanding the underlying motivations behind criminal behavior requires a nuanced examination of various factors, including socio-economic disparities, psychological predispositions, and environmental influences. Socio-economic deprivation, for instance, often exacerbates feelings of disenfranchisement and desperation, leading individuals to resort to unlawful means to meet their basic needs or attain perceived societal status. Moreover, the perpetuation of crime intersects with broader systemic issues such as inadequate access to education, healthcare, and employment opportunities. Marginalized communities disproportionately bear the brunt of these systemic injustices, perpetuating cycles of poverty and crime that are difficult to break without targeted intervention strategies. Addressing the root causes of crime necessitates a holistic approach that combines social welfare initiatives, community outreach programs, and law enforcement efforts to foster inclusivity, opportunity, and resilience within vulnerable populations. Beyond its immediate impact on victims and perpetrators, crime reverberates throughout society, undermining trust in institutions, eroding social cohesion, and impeding economic development. The pervasive threat of crime engenders a climate of fear and insecurity, inhibiting individuals from fully participating in civic life and realizing their potential. Furthermore, the financial burden of crime-related expenses, including law enforcement, judicial proceedings, and victim support services, exacts a heavy toll on public resources, diverting funds away from essential social programs and infrastructure projects. In conclusion, the issue of crime represents a complex and multifaceted challenge that demands comprehensive and evidence-based solutions. By addressing the root causes of criminal behavior, fostering community resilience, and promoting socio-economic equity, societies can strive towards a future where crime is mitigated, and individuals are empowered to lead safe, fulfilling lives. Through collaborative efforts and a commitment to justice and inclusivity, we can collectively endeavor to build a world where crime is no longer a pervasive threat, but rather a historical relic of our shared past....

Crime Statistics Do Not Reflect True Crime Rates Essay

Crime statistics are often cited as a reliable indicator of crime rates within a society, guiding policies and resource allocation aimed at addressing criminal activity. However, it is essential to recognize that these statistics may not always accurately reflect the true extent of crime. While they provide valuable data for analysis and policymaking, several factors contribute to their limitations and potential inaccuracies. One significant limitation of crime statistics is underreporting. Many crimes, especially those of a sensitive or personal nature, often go unreported to law enforcement authorities. Victims may fear retaliation, distrust the legal system, or feel ashamed or embarrassed, leading to reluctance in reporting incidents. This underreporting particularly affects crimes such as sexual assault, domestic violence, and certain types of fraud, skewing the statistical representation of these offenses. Moreover, the reliability of crime statistics can be compromised by variations in reporting practices among law enforcement agencies. Different jurisdictions may have distinct criteria for categorizing and recording criminal incidents, resulting in inconsistencies in data collection and reporting. Discrepancies in definitions, recording methods, and classification criteria can distort the comparability and accuracy of crime statistics, making it challenging to draw meaningful conclusions or identify trends accurately. Another factor that contributes to the discrepancy between crime statistics and true crime is the phenomenon of "dark figure" crime. This term refers to criminal incidents that go entirely undetected or unrecorded by law enforcement agencies. Crimes occurring in remote areas, private settings, or involving marginalized populations are more likely to remain hidden from official statistics. Additionally, sophisticated forms of criminal activity, such as cybercrime and organized crime, may evade detection and thus remain absent from traditional crime reporting mechanisms. Furthermore, societal factors, including cultural norms, socioeconomic conditions, and community dynamics, can influence the reporting and recording of crime. Communities with high levels of distrust in law enforcement or where criminal activity is normalized may exhibit lower rates of crime reporting. Economic disparities and inequalities in access to justice can also impact the likelihood of reporting crimes, particularly among marginalized or disadvantaged groups. In conclusion, while crime statistics serve as a valuable tool for understanding and addressing criminal behavior, they should be interpreted with caution. Recognizing the limitations and biases inherent in these statistics is crucial for policymakers, researchers, and law enforcement agencies to develop informed strategies and interventions. Efforts to improve data collection methods, enhance reporting mechanisms, and address systemic barriers to reporting are essential for obtaining a more accurate portrayal of true crime and ensuring effective responses to criminal activity within society....

Can't find the essay examples you need?

Use the search box below to find your desired essay examples.

Why is prostitution considered a victimless crime?  

Insight from top 5 papers.

Prostitution is considered a victimless crime because it involves consensual participation between the parties involved [2] . The argument is that since the individuals engage in the behavior voluntarily, there is no harm or victimization [4] . The perception of prostitution as a victimless crime is also influenced by the fact that the individuals involved do not typically file complaints with the authorities [5] . However, there are opposing views that challenge this notion and argue that victimization does occur, particularly when women are involved [4] . These perspectives highlight the potential harm and victimization that can extend beyond the immediate participants in the transaction [4] . Overall, the debate surrounding whether prostitution is a victimless crime or not involves considerations of consent, harm, and societal perceptions [1] [2] [4] [5] .

Source Papers (5)

Related Questions

The psychological and emotional effects of non-reporting on victims of crime are profound and multifaceted. Victims often grapple with feelings of shame, guilt, and fear, which can exacerbate their trauma and hinder recovery. Understanding these effects is crucial for developing supportive interventions. ## Emotional Consequences - **Feelings of Shame and Guilt**: Many victims experience intense shame and guilt, which can lead to a reluctance to seek help or report the crime. In a study of sexual violence victims, 65% expressed regret for not reporting, indicating a complex emotional aftermath. - **Fear of Stigmatization**: Victims may fear societal judgment or stigmatization, particularly in cultures where reporting is taboo, as highlighted in qualitative research from Nigeria. ## Coping Mechanisms - **Avoidance Strategies**: Victims often resort to emotion-focused coping mechanisms, such as avoiding reminders of the crime, which can hinder emotional processing and healing. - **Social Isolation**: Non-reporting can lead to feelings of invisibility and isolation, as victims feel disconnected from support systems and the justice process. While non-reporting can protect victims from immediate distress, it often perpetuates long-term psychological harm, emphasizing the need for supportive frameworks that encourage reporting and healing.

Victimology encompasses the scientific study of victimization, focusing on the relationships between victims, offenders, and various societal entities . It involves understanding the nature of victim vulnerability through lifestyle and situational exposure, aiming to provide a comprehensive picture of the victim's history to aid investigations . Forensic victimology, a specialized branch, delves into the objective analysis of victims to better comprehend their vulnerability, the crime dynamics, and the offender relationship, without assigning blame or seeking restitution . Moreover, victimological prevention strategies are crucial in today's world, addressing challenges like low public awareness, technological advancements leading to cyber victimization, and the need for inclusive, gender-balanced, and culturally sensitive approaches . Overall, victimology serves to prevent and reduce violence, protect victims, and enhance understanding of victimization in various contexts.

Victim blaming refers to the tendency to attribute some level of responsibility for a negative outcome to the victims themselves. This phenomenon is prevalent in various forms such as blaming women victims of sexual violence for their attire or behavior, blaming female victims of murder for the crimes against them, and blaming female college students for sexual harassment incidents. Victim blaming is influenced by societal stereotypes, victim characteristics, type of crime, and observer characteristics. It often leads to stigmatization, fear, and frustration among victims, hindering their ability to seek justice and support. Addressing victim blaming requires a shift in societal attitudes, gender awareness in media coverage, and legal protections to ensure victims are not unfairly held accountable for the crimes committed against them.

Cybercrime cannot be seen as a victimless offense . Victims of cybercrimes often suffer significant harms that are overlooked by the criminal law, as victims and their harms are not central concerns in criminal law doctrine. The anonymity and impermanence of online evidence pose challenges in securing criminal convictions for cybercrimes, further marginalizing victims. Research indicates a considerable victim-offender overlap in cybercrimes, with correlates like low self-control and routine activities partly explaining differences in victimization and offending. The social construction of violence and victimization in online spaces highlights the vulnerability of individuals to various cybercrimes, emphasizing the need for increased awareness, support for victims, and exposure of perpetrators.

Socio-economic factors that trigger an individual to prostitution include poor family background, peer group pressure, unemployment, lack of sexual education, brain drain, and poor academic performance . These factors contribute to the vulnerability of individuals, particularly women, to engage in prostitution as a means of economic survival . Additionally, drug use has been found to not only spur entry into prostitution but also contribute to its continuation . The economic aspect of prostitution is also highlighted, as women may remain in prostitution due to the potential for economic stability and social support . These factors, along with racial and class inequalities, intersect to create an environment where individuals are more likely to enter and remain in prostitution .

Trending Questions

The geographical location of Bakin Dogo Market in Kaduna has significant socio-economic implications, influencing local commerce, employment, and community dynamics. The market's positioning affects accessibility and trade, which in turn shapes the economic landscape of the area. ## Economic Activity and Employment - Bakin Dogo Market serves as a vital hub for local trade, facilitating the exchange of goods and services, which boosts local businesses and creates job opportunities for residents. - The presence of such markets often leads to increased commercial activities, enhancing livelihoods for many inhabitants. ## Social Dynamics - The market's location can influence social interactions and community cohesion, as it becomes a gathering point for diverse groups, fostering social networks and support systems. - However, proximity to certain socio-economic challenges, such as crime and health issues, can also arise, as seen in other areas of Kaduna where economic activities are linked to negative social outcomes. ## Infrastructure and Accessibility - The market's geographical placement impacts infrastructure development, with better access leading to improved transport and services, which are crucial for economic growth. - Conversely, inadequate infrastructure can hinder market operations and limit economic benefits, reflecting the need for strategic urban planning. While Bakin Dogo Market presents opportunities for economic growth and social interaction, it also highlights the challenges of urban management and the need for comprehensive strategies to mitigate negative socio-economic impacts.

The international drug trade is a complex issue that requires the involvement of various organizations beyond the UN and UNODC. Several regional and international bodies play significant roles in combating this illicit trade. ## International Narcotics Control Board (INCB) - The INCB is an independent body that monitors the implementation of international drug control treaties, ensuring compliance among member states. ## ASEAN Cooperation - The Association of Southeast Asian Nations (ASEAN) has initiated programs like the ASEAN 2015 Drug-Free Program, which aims to harmonize member countries' efforts against drug trafficking through collaborative strategies. ## Collective Security Treaty Organization (CSTO) - The CSTO focuses on drug trafficking issues, particularly in regions affected by Afghan narcotics, and serves as a crucial player in law enforcement against drug crimes within its member states. ## Other Regional Mechanisms - Organizations such as NATO, OSCE, and SCO also engage in counteracting drug trafficking through various cooperative frameworks and initiatives. While these organizations contribute significantly to addressing the drug trade, challenges such as political will and resource allocation remain critical obstacles to their effectiveness.

Outreach work plays a crucial role in preventing HIV among key populations, particularly sex workers. Research indicates that effective outreach can significantly enhance awareness and utilization of HIV prevention services, although challenges remain in achieving comprehensive coverage. ## Effectiveness of Outreach Programs - **Increased Awareness and Testing**: In Dnipro, Ukraine, outreach workers were associated with a 13-fold increase in the likelihood of sex workers testing for HIV, highlighting the importance of direct engagement in promoting health services. - **Retention in Services**: A study in Nairobi found that retention rates in HIV prevention programs were low (24% at 3 months), but factors like proximity to service centers and prior use of prevention methods improved retention. ## Barriers to Effective Outreach - **Coverage Gaps**: In Nairobi, only 4.4% of female sex workers utilized pre-exposure prophylaxis (PrEP), indicating significant gaps in service availability and utilization. - **Social Stigma**: Pervasive stigma and discrimination hinder access to services, emphasizing the need for community engagement and addressing structural barriers[[5]]. While outreach work is effective in increasing HIV prevention service uptake, ongoing challenges such as stigma and service gaps must be addressed to optimize its impact.

Childhood sexual trauma has been identified as a significant factor contributing to the development of psychotic disorders. The relationship between early traumatic experiences and psychosis is complex, involving various psychological, biological, and social mechanisms. This synthesis of recent research highlights the multifaceted ways in which childhood sexual trauma can influence the onset and progression of psychotic disorders. ## Clinical Characteristics and Severity - Childhood trauma, including sexual abuse, is a critical determinant of the clinical presentation of psychotic disorders. Patients with such histories often exhibit more severe symptoms, earlier onset, and longer duration of illness. These individuals also tend to have lower functionality, which is exacerbated by the experience of multiple types of abuse . - In women, childhood sexual abuse is particularly associated with increased severity of depressive symptoms in schizophrenia spectrum disorders (SSD). This highlights the need for sex-specific analyses in understanding the impact of trauma on psychosis . ## Biological and Psychological Mechanisms - Childhood trauma can affect brain development, particularly in areas like the hippocampus and amygdala, which are sensitive to stress hormones. This can lead to structural changes and heightened stress responses, contributing to the development of psychotic symptoms . - Dissociation, a psychological mechanism, plays a significant role in mediating the relationship between childhood sexual trauma and psychotic-like experiences (PLEs). Specifically, depersonalization has been identified as a mediator, suggesting that dissociative processes can both directly and indirectly influence the trauma-psychosis link . ## Genetic and Environmental Interactions - The relationship between childhood trauma and psychosis is not solely dependent on genetic predispositions. Non-affected siblings of schizophrenia patients, who share genetic vulnerabilities, do not necessarily exhibit the same psychotic symptoms unless they also experience childhood trauma. This indicates that environmental factors, such as trauma, are crucial in the development of psychosis . - The interaction between genetic factors and childhood trauma may involve mechanisms related to neuroplasticity and stress regulation, further complicating the etiological pathways to psychosis . ## Implications for Treatment and Prevention - Understanding the role of childhood sexual trauma in psychosis underscores the importance of incorporating trauma-informed care in psychiatric treatment. This includes psychosocial support and targeted therapeutic interventions to address the specific needs of trauma survivors . - Prevention strategies should focus on identifying and supporting individuals at risk, particularly those with a history of childhood trauma, to mitigate the potential development of psychotic disorders . While the evidence strongly supports the link between childhood sexual trauma and psychotic disorders, it is essential to consider the broader context of each individual's experiences. Factors such as the type and timing of trauma, as well as the presence of supportive relationships and resilience factors, can influence outcomes. Further research is needed to explore these nuances and develop more effective interventions for those affected by childhood trauma.

China's regulation of explicit online content is a multifaceted system that involves a combination of legal frameworks, technological measures, and strategic enforcement campaigns. This regulatory environment is designed to control the flow of information and maintain a "healthy" online ecosystem, balancing between censorship and the protection of user rights. The following sections explore the key aspects of China's approach to regulating explicit online content. ## Legal Framework and Monitoring Obligations China employs a dual-track legal mechanism for content moderation, which distinguishes between public and private law obligations. Under public law, intermediaries are required to monitor and control content, while private law exempts them from general monitoring obligations. This dichotomy has led to legal conflicts, as seen in various court rulings, which challenge the stability of the safe harbor rule and raise concerns about the potential abuse of automatic content filtering technologies . The regulatory framework is further complicated by the responsibilities imposed on Internet Service Providers (ISPs) to filter harmful content, which impacts free speech and online expression . ## Regulatory Measures in Specific Industries The online live streaming industry in China is subject to stringent regulations, including content censorship, licensing requirements, and user protection measures. The government has implemented systems for licensing and registration, reinforced cybersecurity and data protection, and initiated education and guidance programs to ensure compliance and foster a sustainable industry . These measures reflect a broader trend of proactive content moderation, where platforms focus on regulating the ambient elements surrounding content to create a beneficial informational environment . ## Technological and Algorithmic Approaches Content platforms in China have increasingly relied on algorithmic decision-making systems to enforce copyright and cultural censorship. These systems, while effective in curbing online piracy, have also reinforced the cultural censorship system. The use of algorithms necessitates transparency and the provision of remedies for users, as they must balance platform interests with public access to information . The shift towards algorithmic moderation represents a significant evolution in content regulation, moving away from semantic approaches to more comprehensive ambient regulation . ## Economic and Political Considerations China's internet regulation is not only about controlling content but also about achieving political and economic objectives. The regulatory framework is designed to support political stability and market dominance, often aligning with international obligations while serving domestic political needs . The economic analysis of these regulations suggests that they are cost-effective and maintainable, considering both short-term and long-term community welfare . ## Challenges and Future Directions Despite the comprehensive regulatory framework, challenges remain, particularly regarding the clarity and consistency of legal criteria. The development of digital content laws in China reflects an "unbalanced" approach, with detailed rules in some areas and ambiguous stipulations in others. This vagueness is tied to the broader political and ideological context of China's reform and development . Future legislation should aim to clarify monitoring obligations and introduce provisions like a Good Samaritan clause to enhance legal predictability and flexibility . While China's regulatory system is robust, it faces criticism for its impact on free speech and the potential for overreach in content moderation. The balance between censorship and user rights remains a contentious issue, with ongoing debates about the implications of these regulations on individual freedoms and the broader digital landscape.

We use cookies to enhance our website for you. Proceed if you agree to this policy or learn more about it.

• Essay Database >
• Essay Examples >
• Essays Topics >
• Essay on Business

Term Paper On Is Prostitution A Victimless Crime

Type of paper: Term Paper

Topic: Business , Social Issues , Women , Health , Trade , Commerce , Crime , Prostitution

Published: 01/29/2020

ORDER PAPER LIKE THIS

When a crime is committed without inflicting direct harm on another individual, this crime is often called a victimless crime. This is the type of crime that leaves no obvious victims behind although the act itself may be considered illegal or against established laws. It may also not result to damage to property or threaten the rights of anyone; and, may be committed by the perpetrator alone or in connivance with two or more persons without causing injury to other persons. In such cases, the offense is considered a consensual crime. One such example is prostitution, which renders the one offering sex as an offender and a victim as well. Prostitution has been regarded as a definitive example of a victimless crime, considering that the act is a consensual contract between consenting individuals. The individual selling sex is often viewed as the person to be charged of the crime. However, in instances when this individual is female, she may be considered a victim of the crime as well. While some people will regard prostitution as a victimless crime, I think that it is not a victimless crime because not all who engage in the flesh trade do it on purpose. Some are forced to do it out of need or desperation. In most cases, it is a cry of help because prostitution could be the only choice they have at the time. It could have been borne out of abuse, fear, low self-esteem, or lack of other options in life. In addition, prostitution is a form of sexual harassment and exploitation especially when a prostitute is obligated to perform acts that are against her wishes, but is still forced to do in order to earn a living. As a result, prostitutes end up being emotionally, psychologically, and spiritually scarred. With many prostitutes becoming victims of physical assault or assaults with weapons, it is not a surprise then that many of them resort to suicide or experience post-traumatic disorders. Aside from the prostitutes, other victims of this consensual crime are the wives who are often left unaware of the husband's indiscretions until she (the wife) is infected with communicable diseases brought about by the husband's sexual relations with prostitutes. In most parts of the United States, prostitution is considered illegal because it is widely believed to cause more harm to women. For instance, women engaged in this trade open themselves up to possibilities of rape and various forms of physical and verbal abuses. It also makes them more susceptible to diseases, thus, may become health threats to society. In addition, it exploits women's rights and demeans the womanhood of sex workers. For moralists, they may say that prostitutes deserve whatever negative effects their actions bring; and, because it is immoral, therefore, prostitution must be treated as a crime. However, sex trade workers are still people and no one has the right to put down another individual. Currently, courtrooms deal with prostitution cases where prostitutes and customers pay fines when caught, but return to the same flesh peddling and buying after settling the misdemeanor. Instead of managing the trade, the system only temporarily prohibits individuals from doing the act. In this light, what then is the role of the government in regulating prostitution? For me, the government has a huge responsibility in ensuring the safety of its citizens, regardless of their occupation and financial status. Even if the government bans or criminalizes the prostitution, it will not go away since it has always been there and will continue to happen with or without laws governing prostitution. Thus, I think the best way to approach this problem is for the government to be involved and think of ways on how to assist women engaged in prostitution rather than acting passively towards it. The government may also present ways on how to disengage from the trade, which is extremely beneficial to those who want to leave the trade. What then are the pros and cons of legalizing prostitution? There are some people who are against the legalization of prostitution due to its moral and social impact in society. People say that it could increase rates of teenage pregnancy and divorce rates due to the health impact of legalizing the sex trade. Even if the sex worker is constantly monitored for sexually transmitted diseases, there is no assurance that the "buyer" is free from any diseases. In addition, it gives the impression that the female body is a commodity that men can buy anytime they want. However, legalizing prostitution prohibits pimps from forcing women to abide by rules that further degrade themselves. It means that violence brought about by prostitution will be lessened, including reduction in cases of under-aged prostitution. It also means the health safety of prostitutes will be monitored considering that they will be subjected to constant tests to prevent the spreading of sexually transmitted diseases. In addition, sex workers will be required to register with the police to obtain licenses to work as prostitutes, thus making it easier to supervise who are legally engaged in the trade. For these reasons, I believe that legalizing prostitution is the best method to control the trade.

Cite this page

Share with friends using:

Removal Request

Finished papers: 1022

This paper is created by writer with

ID 288273106

If you want your paper to be:

Well-researched, fact-checked, and accurate

Original, fresh, based on current data

Eloquently written and immaculately formatted

275 words = 1 page double-spaced

Get your papers done by pros!

Other Pages

Environment research papers, clarkin essays, web site essays, toleration essays, weave essays, whole milk essays, dares essays, blunt essays, treachery essays, bierman essays, employment at will doctrine research paper examples, typical brick of three identical hollow cells with variant dimensions paper 1 literature review, essay on educational pshychology, physical abuse and corporal punishment discussion course work examples, the russian vodka case study examples, example of review book review, example of true blue story of ned kelly argumentative essay, essay on august wilson paper, example of poes the tell tale heart and narrator madness essay, essay on mini survey on alcohol and drugs, research paper on disruptive innovations zara case study, generation jobless unemployment research paper example, article review on quantitative research critique, impact of the federal government on ordinary citizens lives during the progressive essay example, free essay on the effects of medium frequency sonar on right whales, example of essay on wahid concert review, global community course work examples, modern greece essay you might want to emulate, free distribution strategies and international marketing question answer sample, expertly crafted research paper on firs name last name, expertly written essay on st jude children research hospital vs universal health services to follow, the term political accommodation envelops the goals procedure or result of shared appeasement around contending political perspectives and interests critical thinking, good research paper on sensors, write by example of this history of home health palliative and hospice essay, sample essay on facilitation concepts and techniques, religious studies number essay examples, geography geography assignment examples, slide 1 a top quality essay for your inspiration, learn to craft essays on balance between the quality time and cost in the project management with this example, good example of essay on genetics after auschwitz, free essay about environmental risk perception, the meaning of living life to the fullest essay to use for practical writing help, draw topic writing ideas from this essay on public policy analysis.

Password recovery email has been sent to [email protected]

Use your new password to log in

You are not register!

By clicking Register, you agree to our Terms of Service and that you have read our Privacy Policy .

Now you can download documents directly to your device!

Check your email! An email with your password has already been sent to you! Now you can download documents directly to your device.

or Use the QR code to Save this Paper to Your Phone

The sample is NOT original!

Short on a deadline?

Don't waste time. Get help with 11% off using code - GETWOWED

No, thanks! I'm fine with missing my deadline

•  Order Now

Is prostitution a victimless crime?

Published Date: 23 Mar 2015 Last Modified: 12 May 2017

Disclaimer: This essay has been written and submitted by students and is not an example of our work. Please click this link to view samples of our professional work witten by our professional essay writers . Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of EssayCompany.

Prostitution, as described by the Merriam-Webster's Dictionary (1997), is the selling of sexual favors for money or the devoting of oneself or one's talent to an unworthy cause (p. 589). In another frame of reference, prostitution has been called a "victimless crime." What exactly is a "victimless crime"? West's Encyclopedia of American defines it as:

…crime where there is no apparent victim and no apparent pain or injury. This class of crime usually involves only consenting adults in activities such as prostitution, sodomy, and gambling where the acts are not public, no one is harmed, and no one complains of the activities (2008).

This classic definition of these types of crime implies there is not any victim of the criminal behavior who experiences harm. From a theoretical perspective, conflict theorists may hold that victimless crimes are established as a type of social control over morality by politically powerful people or groups who find them offensive or undesirable while functional theorists may hold that social needs, not societal power, are the underlying condition of labeling victimless behaviors as criminal (Greek, C.E., 2005).

Why are some consensual acts considered illegal while others are not? McWilliams (1996) asserts consensual activities' prohibitions and restrictions have their basis in religion while O'Donnell (2000) in addressing the price of victimless crime laws, proposes those crime laws are a form of morality control and religious persecution that uphold the opinions of the law-controlling majority with regards to race, ethnicity and political stances.

The issue in victimless crimes is that society has created laws to prohibit certain types of conduct considered to be against the public interest and when supposed victims freely consent to be the victim in one of these crimes; the question is whether the state should make an exception from the law for the situation. For the purpose of this paper, prostitution and the issues of concern in the legalization of this victimless crime is explored.

Upon examining prostitution as a victimless crime, it seems evident there are victims at some level but most of the harm seems to be self-inflicted. Looking at the puzzle of the involved behaviors, having sex and asking for money, each by themselves are perfectly legal. Having sex with someone, even an unknown person is legal, and asking for money is legal but, when the two behaviors are linked into one single instance, a criminal act results. The two separate legal behaviors cannot constitute an illegal behavior for if no person is harmed, or if harm occurs by informed consent of the willing parties, how can it be considered a criminal act? One arguable stance presented is that consensual acts are not without risk and when adults consent to take part in the acts, why should the resulting action be deemed criminal by legal social rules? What kinds of problems can the law solve and what kind of problems does the law create?

Among the many proponents of de-criminalizing victimless crimes the concept of unconstitutionality is consistently cited (Hardaway, 2000; McWilliams, 1998; O'Donnell, 2000; National Platform of the Libertarian Party, 2002). A prominent vocal critic of criminalizing these termed victimless crimes, such as prostitution, is Robert Hardaway.

Hardaway is a professor of Law at the University of Denver's School of Law who has written and co-written numerous texts and articles on legal and community interest matters. Hardaway's 2003 book, No Price Too High: Victimless Crimes and the Ninth Amendment, as cited by Cox in a 2004 review, presents a powerful and strongly-argued perspective which argues the criminalization of victimless crimes violate the Ninth Amendment to the United States Constitution (2004). Cox notes the criminalization of these crimes as well as amount of money it takes to enforce the laws are unsound policies according to Hardaway. Although, in the case of drugs, crime against property and person are related to drug use, Hardaway, per Cox (2004), attributes the harm of drug use to the laws rather than the use of drugs themselves. According to Cox, Hardaway uses the example of Prohibition to explain the supply and demand concept of the argument stating: "crime and violence do not emanate from some physiological effect of the drug, but the drug laws themselves" and with the decriminalization of drugs, neighborhood drug dealers would be put out of business effectively breaking the business-end of organized crime (105). Hardaway further posits, according to Cox, "legalizing personal vices is justified by a considered weighing of the costs and consequences of criminalization" (30), (2004).

ProCon.org has a website which addresses the issue of whether or not prostitution should be legalized and many statements were provided on this website of both the pro and con sides of the issue: "No person's human or civil rights should be violated on the basis of their trade, occupation, work, calling, or profession" [Prostitution Education Network, 1996]; "prostitution violates the right to physical and moral integrity…violates the prohibition of torture and of cruel, inhuman or degrading treatment.." [Hoffman, C., 1997]; "…prostitution laws are…a violation of the right of individual privacy because they impose penal sanctions for the private sexual conduct of consenting adults…" [American Civil Liberties Union, 2007]; "…few activities are as brutal and damaging to people as prostitution…" [U.S. Department of State, 2004] (ProCon, 2009).

Of all opposition members, the most prominent is Melissa Farley, a research and clinical psychologist at the San Francisco non-profit organization, Prostitution Research and Education. Farley has written numerous peer-reviewed articles on the subject (Farley, M., 2006). Farley's numerous research articles provide a well-rounded look at the subject matter of prostitution, the sex industry, exploitation of women, as well as the myriad of troubling issues arising from when men purchase women in prostitution. In the 2006 article, Prostitution, Trafficking, and Cultural Amnesia: What We Must Not Know in Order to Keep the Business of Sexual Exploitation Running Smoothly, Farley posits "prostitution is sexual violence that results in massive economic profit for some of its perpetrators" and is a much like slavery in that it is a "lucrative form of oppression" (p. 102). Farley goes further to remark on "prostitution's legal status (legal, illegal, zoned, or decriminalized)" or the location of the activity "(strip club, massage parlor, street, and escort/home/hotel)" the danger to women is still tremendous (p. 103). Farley's discussion on the peer-reviewed literature which documents the violence so prevalent in prostitution and states: "Violence is commonplace in prostitution whether it is legal or illegal" (p. 106). Citing a Canadian commission on prostitution and pornography which reported the "death rate of women in prostitution as forty times higher than that of the general population" and a 2001 Vancouver prostitution research study by Cler-Cunningham and Christensen which reported a "thirty-six percent incident of attempted murder, Farley contends "prostitution can be lethal" (p. 107).

Farley's detailed look at legalized and illegal prostitution can impact the perception of the sex industry as a whole. However, within the United States Constitution's first ten amendments, also known as the Bill of Rights, are provisions which may present a strong argument for abolishing criminalizing prostitution and other victimless crimes.

The First, Fourth, Fifth, and Ninth Amendments are of particular interest in this dialogue of supporting the decriminalization of prostitution. Although victimless crimes such as prostitution are not specifically addressed in the Constitution there seems to be an arguable position that victimless crime laws violate First Amendment restrictions against laws "respecting an establishment of religion" especially since religious and moral values seem to provide the foundation for many of the laws.

The Fourth Amendment's provisions on search and seizure seems to be violated by such devices as warrantless search and seizures which are often utilized to obtain evidence for prosecutorial purposes. The privacy of innocents can be threatened as enforcement of the law requires police and investigators to engage in extensive monitoring, wiretapping, and surveillance of suspects and the public. Some people believe that these warrantless search and seizures and victimless crime laws are a means of political power over selected portions of the population which are unequally enforced against the poor and minorities thereby violating the due process clause of the Fifth Amendment (Kruttscnitt, 1984; McWilliams, 1998; Nussbaum, O'Connell, 2000; 1999; Schur, 1971, 1980, 1983).

The Ninth Amendment to the United States Constitution has direct bearing on such modern day constitutional issues such as abortion, gay rights, and the right to die. Farber (2007) considers the Ninth Amendment the 'key to understanding' the liberties Americans were to enjoy under the Constitution as envisioned by the Founding Fathers describes the purpose of the Ninth Amendment and the Founders' intent: to protect the rights the Founders' assumed but failed to enumerate or specify in the Bill of Rights. Like the rest of the original Bill of Rights, per Farber, the Ninth Amendment only limits federal power rather than state government powers. The Fourteenth Amendment came along later and addressed the state government and within that Amendment the Privileges or Immunities Clause is paired with the Ninth Amendment (Lash, 2004; Farber, 2007).

America is in first place in the world for the number of incarcerated individuals as highlighted by a Pew Center report that found 1 in every 100 American adults are behind bars with its prison population having tripled in the last 20 years. Spending on prisons has more than quadrupled and the American taxpayers are slowly crushed by this wasteful spending. At an average cost of over $19,000 per prisoner, taxpayers are facing a bill of over $44 billion per year to keep people locked away (Pew, 2004).

Coinciding with this rising prison population is the increase in the number of private prisons which increased from five in 1995 to 100 in 2005. Herivel and Wright ( ) in their book "Prison Profiteers-Who Makes Money From Mass Incarceration" reports private prison industry has seen increased profits and lobbied extensively for more frequent and longer prison sentences and traces the flow of monies designated for the public good and ends up in the "pockets of enterprises dedicated to keeping prison cells filled" (From their book jacket).

History has shown that criminalizing victimless crimes will drive the practice underground where violence, extortion, and coercion are most likely to thrive. This was particularly noticed when the 18th Amendment and later the Volstead Act, 1919, which made it illegal to manufacture or sell "beer, wine, or other intoxicating malt or vinous liquors" it was not illegal to possess it for personal use. The prohibition, originally intended to reduce beer consumption in particular, actually a failure and ended up increasing hard liquor consumption and created a new business, "bootlegging," defined as the unlawful manufacture, sale, and transportation of alcoholic beverages without registration or payment of taxes which became widespread and a staple of organized crime (Prohibition).

Almost every individual has the ability and moral capacity to judge what is helpful or harmful to them and it does not make sense for other people to dictate what choices should be made. When individuals commit acts harmful to themselves, the action should be termed as immoral, not illegal. The criminalization for the act of prostitution should not be determined by social effects of an individual's actions or by the moral or religious views of society. Every person needs freedom to make choices and accept the consequences for without these consequences, growth and experiential development will be hindered.

If an adult man-or an adult woman, wants to engage in sexual relations with another adult man or woman who charges a fee for his or her services, they should be able to do so without the fear of being guilty of a crime. It does not mean that prostitution should not be subjected to certain legal requirements such as health laws. Removing prostitution from criminal statutes and providing a designation as a business entity subjected to business requirements, prostitution can be taxed, sex workers can obtain health and safety rights other employees have, and problems of abuse and graft associated with police jurisdiction of such a business can be dealt with more effectively with better protection from violence and abuse for those individuals who work within the industry. In a 2001 article written for the New Zealand Herald, Sue Bradford, MA, Member of New Zealand's Parliament says it best: "…prostitution has been a career option for some people since history began. Nothing any law has done has changed or will change that…I believe we would all be better off…to accept the job choice that some adults make as valid and worthy of care and compassion for all our sakes" (2001).

Bradford, S. (2001). Dialogue: Sex workers deserve protection of the law. New Zealand Herald. July 30, 2001.

Cox, G.C., (2004). Book review of Hardaway, R. (2003). No price too high: Victimless crimes and the Ninth Amendment. Department of Political Science, University of North Texas.

Farber, D.A. (2007). Retained by the people: The 'silent' Ninth Amendment and the Constitutional rights Americans don't know they have. Perseus Books.

Fyffe, C. and Hardaway, R.M. (2003). No price too high: Victimless crimes and the Ninth Amendment. Westport, CN: Praeger.

Greek, C.E., (2005). Criminological theory. Lecture notes. CCJ 5606. http://www.criminology.fsu.edu/crimtheory/

Hayes-Smith, R. and Shekarkhar, Z. (2010). Why is prostitution criminalized? An alternative viewpoint on the construction of sex work. Contemporary Justice Review, March 2010, Volume 13 Issue 1, p. 43-55.

Herivel, T. and Wright, P. (2007). Prison profiteers: Who makes money from mass incarceration? New York: New Press

Kruttschnitt, C. (1984). Labeling women deviant: Gender stigma and social control. Contemporary Sociology. 13 (5), 596.

Lash, K.T. (2004). The lost original meaning of the Ninth Amendment. Texas Law Review, Volume 83, Number 2, December 2004

McWilliams, P. (1998). Ain't nobody's business if you do: The absurdity of consensual crimes in a free society. Los Angeles, CA: Prelude Press. http://www.mcwilliams.com/books/aint/201.htm

Merriam-Webster Dictionary (1997). Springfield, MASS: Merriam-Webster, Inc.

National Platform of the Libertarian Party, 2002. (Adopted at the July 2002 convention in Indianapolis, Indiana)<http:..www.lp.org/issues/platform/victcrim.html

Nussbaum, M. C. (1999). Sex & social justice. New York: Oxford University Press

O'Donnell, T. (2000). American holocaust: The price of victimless crime laws. Writer's Digest. Iuniverse.com

ProCon, 2009. Prostitution Education Network, 1996; Hoffman, C., 1997; American Civil Liberties Union, 2007; U.S. Department of State, 2004. http://prostitution.procon.org/view.answers.php?questionID=1315&print=true

Prohibition. http://www.u-s-history.com/pages/h1085.html

Schur, E. (1971). Labeling deviant behavior. New York: Harper and Row.

(1980). The politics of deviance. Englewood Cliffs: Prentice Hall.

(1983). Labeling women deviant: gender, stigma, and social control. Philadelphia: Temple University Press.

West's Encyclopedia of American Law, Edition 2 (2008). The Gale Group, Inc.

Our Service Portfolio

• Essay Writing Service
• Dissertation Writing Service
• Assignment Writing Service
• Coursework Writting Service
• Article Writting Service

Want To Place An Order Quickly?

Then shoot us a message on Whatsapp, WeChat or Gmail. We are available 24/7 to assist you.

Do not panic, you are at the right place

Visit Our essay writting help page to get all the details and guidence on availing our assiatance service.

Get 20% Discount, Now £19 £14 / Per Page 14 days delivery time

Our writting assistance service is undoubtedly one of the most affordable writting assistance services and we have highly qualified professionls to help you with your work. So what are you waiting for, click below to order now.

Get An Instant Quote

I DON'T WANT DISCOUNT

Our experts are ready to assist you, call us to get a free quote or order now to get succeed in your academics writing.

• Share full article

Advertisement

Supported by

Guest Essay

Chrystul Kizer Got 11 Years in Prison for Killing Her Abuser. This Is Justice?

By Rachel Louise Snyder

Ms. Snyder is a contributing Opinion writer and the author of the book “No Visible Bruises: What We Don’t Know About Domestic Violence Can Kill Us.”

In 2018, a Black teenager named Chrystul Kizer shot and killed a 34-year-old white man named Randall Volar III, who had sexually abused and trafficked her starting when she was 16 years old; she was 17 at the time of the killing. This week, a Wisconsin judge sentenced her to 11 years in prison, with another five under supervision. Rather than serving justice, her case illustrates with searing clarity the sexism and racism that corrupt our criminal justice system.

In a 2019 investigation , The Washington Post detailed Ms. Kizer’s life: Her single mother, who struggled to support her four children. The abusive man and the family’s time in a homeless shelter. Ms. Kizer wanted money for snacks and school notebooks, so she placed an ad in an online forum called backpage.com , which was notorious for sex trafficking. (It has since been shut down.) Mr. Volar was the first one who answered. He showered her with gifts and took her to fancy dinners; she understood there was a price to these extravagances. But before long, she said he was taking her to hotels to have sex with other men. He’d wait outside for her and insist she turn the money over to him. He called himself an “escort trainer.” One night, when he wanted to have sex and she brushed him off, she said she fell to the ground and he jumped on top of her, trying to force off her clothes. She shot him twice in the head, and then, the police said, set his body on fire.

Ms. Kizer’s case has been in the national spotlight since she killed Mr. Volar; a petition to drop her charges garnered more than a million and a half signatures. In what was a major win for her side, the Wisconsin Supreme Court ruled in 2022 that she could argue that her crime was justified because she was trafficked by Mr. Volar — a groundbreaking ruling for trafficking victims. In order to make that argument, however, she would have to take her chances on a long, difficult, very public trial. Or she could take a plea deal.

Four months before his death, Mr. Volar had been arrested after another young girl called 911 claiming he’d drugged her and was threatening to kill her. The police searched his home and found hundreds of videos of sexual abuse. He had a penchant for Black girls, like Ms. Kizer: Hers was among those young faces found in the videos. Mr. Volar was released without bail the same day, pending an investigation. The police saw girls in the videos that looked as young as 12 and 13, and yet, “In many and most of the cases, we didn’t know the age,” the prosecutor Michael Graveley told The Post . “So we literally did not know whether we had misdemeanors or felony.”

In other words, the girls were young enough to appear young, but apparently not so young that they warranted priority.

Imagine a Black man, aged 34. Imagine him with videos of young white boys who appear to be 12, 13, 14 years old. Imagine those videos contained footage of grown men having sex with young boys. Imagine that 20 of those videos were shot by the suspect himself. Now tell me: In what world does law enforcement let such a person go free without bail? In what world do investigators hold on to those videos for months, seemingly baffled by the task of finding out the ages of the girls? In what world is the difference between a misdemeanor and a felony an excuse for this level of inaction?

We are having trouble retrieving the article content.

Please enable JavaScript in your browser settings.

Thank you for your patience while we verify access. If you are in Reader mode please exit and  log into  your Times account, or  subscribe  for all of The Times.

Thank you for your patience while we verify access.

Already a subscriber?  Log in .

Want all of The Times?  Subscribe .