The activists themselves are a fractious bunch. They belong to a varietyof small and sometimes competing groups and question one another’s bona fides on social media and a blog called Tits and Sass. Women who publicly argue the case for decriminalization tend to be white. Women of color say that it’s harder for them to get an audience; they also don’t want white women to speak for them. Trans women raise similar objections. “Don’t tell my story in support of a cis woman’s story,” Monica Jones, who is black and transgender, cautioned me. She did sex work without qualms to help pay the tuition for her social-work degree at Arizona State University. “If you want to be with me, you’re going to pay me or buy me a ring,” she says frankly of her partners. Two years ago, she accepted a ride to a bar with a man and was found guilty of prostitution; her case became a cause célèbre when she challenged her conviction, saying she was just going out for a beer that night, and won her appeal.
Some opponents of decriminalization call themselves abolitionists, consciously invoking the battle to end slavery as well as the one for equality. “If prostitution is legal, and men can buy women’s bodies with impunity, it’s the extreme sexualization of women,” says Yasmeen Hassan, the global executive director of Equality Now, a women’s rights group that campaigns against trafficking. “They’re sexual objects. What does that mean for how professional women are seen? And if women are sex toys you can buy, think about the impact on relationships between men and women, in marriage or otherwise.”
The United States has some of the world’s most sweeping laws against prostitution, with more than 55,000 arrests annually, more than two-thirds of which involve women. Women of color are at higher risk of arrest. (In New York City, they make up 85 percent of people who are arrested.) So are trans women, who are more likely to do sex work because of employment discrimination. The mark left by a criminal record can make it even harder to find other employment. In Louisiana five years ago, 700 people, many of them women of color and trans women, were listed on the sex-offender registry for the equivalent of a prostitution misdemeanor. Women With a Vision, Deon Haywood’s group, won a lawsuit to remove them in 2013.
Because abolitionists see these women as victims, they generally oppose arresting them. But they want to continue using the criminal law as a weapon of moral disapproval by prosecuting male customers, alongside pimps and traffickers — though this approach still tends to entangle sex workers in a legal net.
Last July, the Coalition Against Trafficking in Women, an abolitionist group, accused Amnesty of supporting “a system of gender apartheid,” in which some women are “set apart for consumption by men,” in a letter with 400 signatories, including Gloria Steinem, Lena Dunham, Kate Winslet and Meryl Streep. Anna Saini, the Brooklyn sex-worker activist, went from feeling betrayed by the celebrities to feeling victorious. “They threw all this fame and name recognition at us, and Amnesty is still doing what’s right,” she said. “That was super exciting.” The fight has become, Liesl Gerntholtz of Human Rights Watch says, “the most contentious and divisive issue in today’s women’s movement.”
The battle lines among American feminists over selling sex were drawn in the 1970s. On one side were radical feminists like the writer Andrea Dworkin and the lawyer and legal scholar Catherine MacKinnon. They were the early abolitionists, condemning prostitution, along with pornography and sexual violence, as the most virulent and powerful sources of women’s oppression. “I’ve tried to voice the protest against a power that is dead weight on you, fist and penis organized to keep you quiet,” wrote Dworkin, who sold sex briefly around the age of 19, when she ran out of money on a visit to Europe.
Other feminists, who called themselves “sex positive,” saw sex workers as subverters of patriarchy, not as victims. On Mother’s Day 1973, a 35-year-old former call girl named Margo St. James founded a group in San Francisco called Coyote, for “Call Off Your Old Tired Ethics.” Its goal was to decriminalize prostitution, as a feminist act. In its heyday, Coyote threw annual Hooker’s Balls, where drag queens and celebrities mixed with politicians and police. It was a party: In 1978, a crowd of 20,000 filled the city’s Cow Palace, and St. James entered riding an elephant.
By the 1980s, Dworkin’s argument condemning prostitution moved into the feminist mainstream, with the support of Gloria Steinem, who began rejecting the term “sex work.” St. James and the sex-positivists were relegated to the fringes.
The abolitionists moved into the fight against global labor trafficking in the 1990s, focusing on sex trafficking, though most estimates suggest that the majority of trafficking victims are forced into domestic, agricultural or construction work. The abolitionists wanted to erase the traditional legal distinction between forced and consensual prostitution by cracking down on all of it as trafficking. In 1998, they tried to persuade President Bill Clinton — and Hillary Clinton, who was the honorary chairwoman of the Clinton administration’s council on women — to adopt their broad definition in an international crime treaty and a federal trafficking bill. It was a striking effort to expand and stiffen criminal punishment, a strategy Elizabeth Bernstein, a Barnard sociologist who studies sex work and trafficking, termed “carceral feminism.” Abolitionists “have relied upon strategies of incarceration as their chief tool of ‘justice,’ ” she wrote in 2007. They lost the fight to define all prostitution as trafficking during the Clinton administration. “Those were depressing years,” Donna Hughes, an abolitionist researcher and women’s studies professor at the University of Rhode Island, said in an interview in National Review in 2006.
When George W. Bush was elected in 2000, Hughes and other abolitionists formed a coalition with faith-based groups, including evangelical Republicans, to lobby the new president. The Bush administration funded Christian groups, like the International Justice Mission, to rescue girls and women abroad. I.J.M. helped to raid brothels in Cambodia, Thailand and India, working with local police officers who broke down doors while American TV cameras rolled. Donations poured in to I.J.M. from the United States.
But local human rights and women’s groups complained about the tactic. After some raids by police forces in India and Indonesia, girls and women were deported, detained in abusive institutions and coerced into sex with the police, according to a 2005 bulletin by the World Health Organization and the Global Coalition on Women and AIDS. Two years earlier, when I.J.M. reported that there were minors in a brothel in Thailand, the police raided it and locked the women who were working there in an orphanage. The women strung together bedsheets to escape from a second-story window.
Françoise Girard was director of the public-health program at the Open Society Foundations when she met with Gary Haugen, the leader of I.J.M., and Holly Burkhalter, a senior adviser, in 2007. “I.J.M. said, ‘If we can save one girl, it’s worth it,’ ” says Girard, who is now president of the International Women’s Health Coalition. “I said, ‘What happens to the girls?’ And they couldn’t answer.” Burkhalter says she doesn’t remember Girard’s question, but the police did not permit I.J.M. to go on the raid in Thailand. “If we had, it would have gone much better,” she says, adding that now, when I.J.M. helps with raids, “each victim has a case worker.”
The Bush administration also funded abolitionist research on the harmful effects of prostitution, prominently featuring references to that work on the State Department’s website. Hughes, the abolitionist women’s-studies professor, denounced strip clubs and lap-dancing in a 2005 report on trafficking that was funded with more than $100,000 from the State Department. Melissa Farley, a psychologist who received Bush funds, wrote in 2000 in the journal Women and Criminal Justice that any woman who claimed to have chosen prostitution was acting pathologically — “enjoyment of domination and rape are in her nature.” Non-abolitionist researchers criticized her for presenting the brutal harm of some experiences of prostitution as the near-universal reality without solid evidence.
In part as a response to lobbying by feminist abolitionists and evangelicals, in 2003 Congress barred groups that aided trafficking victims from receiving federal funds if they supported the “legalization or practice of prostitution.” The same year, President Bush committed $15 billion to the international fight against AIDS, but required all recipients of the funding to sign an anti-prostitution pledge. The result was a head-on collision between AIDS prevention and abolitionist ideas. Brazil turned down $40 million in American funds. Sangram, a public-health and human rights organization that was distributing condoms in Sangli, a red-light district in rural southern India, refused to sign the pledge and returned American funds in 2005, at a time when U.N.AIDS cited it as a trusted source on H.I.V. and human rights. “We were distributing 350,000 condoms a month,” says Meena Seshu, the director of Sangram, who has a master’s degree in social work and has published in The Lancet and won an award from Human Rights Watch. “Do you actually work with people, or do you give them morals? That was the choice.”
The Obama administration continues to fund organizations involved in rescue missions. In 2013, the Supreme Court struck down the anti-prostitution pledge for groups in the United States, ruling that it violated their free-speech rights. But the decision didn’t apply to foreign groups, which still cannot receive federal funding to fight AIDS if they support the sex-workers’ rights movement.
The current debate over sex work in the United States is often framed as a choice between international legal systems. Abolitionists embrace what they call the Swedish (or Nordic) model. In 1999, at the urging of feminists, Sweden’s Parliament passed the Sex Purchase Act, making it a crime to buy sex. Prostitution itself had not been a crime, but the new law deemed it “a serious harm both to individuals and to society,” giving the legislation a moral underpinning and aiming to “flush the johns out of the Baltic,” as a media campaign declared. A decade later, Sweden announced a reduction in street prostitution by as much as 50 percent and proclaimed the law a success. Though no one had recorded data on street prostitution before the law passed, the claimed drop became the chief selling point for a system that punished men. Yet online advertising for sex increased in Sweden, leading researchers to conclude that the small market was shifting indoors. Norway and Iceland adopted the Swedish model in 2009, and in the last two years, Canada and Northern Ireland enacted modified versions.
Sex-worker activists reject this model. “People think the Swedish state criminalized clients, and not us, because they cared about us, but that was not the case,” says Pye Jakobsson, a Swedish sex worker who is the president of the Global Network of Sex Work Projects. “The law is about protecting society, and we’re seen as a threat.” Some sex workers say that criminalizing male behavior pushes them to take greater risks. “Women who worked on the street used to have safe spots where they would tell the client to drive,” Jakobsson explains. “Now clients say no, because of the police. They want to go someplace else remote. How can the woman be safe there?” In December, a Bulgarian sex worker was found brutally murdered in a deserted parking lot at the harbor in Oslo. Her friends — also migrants from the Balkan States, like many women selling sex in Sweden and Norway — looked for her when she went missing. But they did not go to the police until they found her body.
When the police investigate whether a man has bought sex, “they use it as a reason to check women’s documents,” says May-Len Skilbrei, a criminology and sociology professor at the University of Oslo. She says that these inspections can lead to deportations. Sex workers also face the possibility of losing custody of their children and being evicted. “If the police tell the landlord they think you’re escorting out of your apartment, he has to evict you, or he could be prosecuted,“ Skilbrei says. The Norwegian police called a long-running Oslo crackdown on prostitution Operation Homeless.
The Swedish government has been clear that it considers the problems the law causes for sex workers an acceptable form of deterrence, reporting in 2010 that the negative effects “must be viewed as positive from the perspective that the purpose of the law is indeed to combat prostitution.” When France adopted the Swedish model in April, the bill’s sponsor in Parliament said one goal was to “change mentalities.” On social media, American sex workers poured out their sympathy for their French sisters, who were marching in protest.
Sweden may not be a relevant model for the United States, where the kind of hardship that often pushes people into street-level sex work is more widespread and the safety net much weaker. The difference is relevant, says Rachel Lloyd, the founder and C.E.O. of Girls Educational and Mentoring Services (GEMS), based in Central Harlem, which helps about 400 girls and young women in New York annually who have been involved in prostitution. She opposes legalization, because she thinks it will increase trafficking. She visited Stockholm two years ago and found it significant that there are so many family services, that few teenagers are in foster care and that most have access to state-funded universities. “I came away thinking: In the U.S., we’re not there,” she says about adopting the Swedish model. “We don’t have the social services.” Lloyd says that not enough of the tens of millions of dollars in government funds and donations in the United States that go to fight trafficking are used for services, like housing for teenagers leaving foster care; 70 percent of GEMS members have been in that system. “When you’re trying to move forward, you need an apartment,” Lloyd says. “You need to go to school.” (In Sweden, she was also surprised to learn that men who are caught buying sex are fined rather than arrested, paying an amount that depends on their income and generally ranges from $300 to $4500, according to a news report.)
Australia has adopted a very different legal model from Sweden’s. In 1999, the Australian state of New South Wales repealed its criminal laws against prostitution, freeing consenting adults to buy and sell sex and allowing brothels to operate much like other businesses. (Other Australian states have a variety of laws.) Four years later, New Zealand implemented full decriminalization. Abolitionists predicted explosive growth of prostitution. But the number of sex workers stayed flat, at about 6,000 in New Zealand and somewhat more in New South Wales. Condom use among sex workers rose above 99 percent, according to government surveys. Sex workers in brothels in New South Wales report the same level of depression and stress as women in the general population; rates are far higher for women who work on the street, who are also often intravenous drug users. While the New Zealand government has found no evidence that sex workers are being trafficked across the country’s border, last November, the Parliament of New South Wales gave the police more power to monitor brothels, after reports that some were linked to organized crime and prosecutions for “sexual servitude” and exploitation. One involved a Thai woman who was recruited in Bangkok and told she would learn to be a hairdresser.
A couple of years ago, a Seattle dominatrix and outspoken activist who goes by the name Mistress Matisse flew to Australia for three weeks and spent a week working. “I just had to see what it was like,” she says. At home, she writes for The Stranger, Seattle’s alternative weekly, and frequently tweets about the practice and politics of sex work to her 27,000 Twitter followers.
In Australia, Matisse worked at a small brothel called the Golden Apple (small bar, six bedrooms) in Sydney, which is in New South Wales, and a larger one called Gotham City. “I thought: I won’t be Mistress Matisse. I’ll just be a girl doing full service” — intercourse — “which I hadn’t done for years,” she says. She saw three or four clients a night and then went to the beach.
Matisse contrasted working in Australia with working in a brothel in Nevada several years ago. She much preferred Australia. Nevada limits legal prostitution to a small number of brothels in rural areas, and they are subject to strict licensing requirements. “In Australia, you go home every night, and you can have a cigarette, go on a date, stay in a normal head space,” Matisse said. “In Nevada, you had to be in the brothel 24/7. It was like a cross between summer camp and a women’s prison.” Most prostitution in the state takes place illegally outside the brothels, in Las Vegas and Reno, with more freedom but also more risk.
Germany has a similar two-tiered market. The country became a growing destination for sex tourism after introducing in 2002 new regulations for the legal sex trade, with an estimated 400,000 sex workers. Migrant women working underground, some of whom are lured into crossing the border, face the same threat of deportation as in Sweden. Meanwhile, licensing requirements raised the cost of setting up brothels, favoring chains and big businesses, including a 12-story, neon-lit brothel in Cologne. “What’s strange is how industrial the brothels are,” says Skilbrei, the professor at the University of Oslo. “They control the women, for example with health checks.” That’s not the model sex workers are fighting for, because it diminishes their autonomy.
Amnesty distinguishes the laws in Germany (and the Netherlands, where sex work is legal but regulated by local authorities) from those in New Zealand and Australia, which place “greater control into the hands of sex workers to operate independently, self-organize in informal cooperatives and control their own working environments,” the human rights group states. Melissa Farley, the psychologist and abolitionist researcher, rejects all of these models. “The state functions as a pimp, collecting taxes, which I consider blood money,” she wrote in an email last December. In the most recent government research, a 2008 survey of 770 sex workers by the New Zealand government, most reported that they were not likely to report violence to the police, which the government attributed to their sense of stigma. Farley sees this as proof that “wherever prostitution exists, the harm goes with it, regardless of legal status.”
To Amnesty, the lesson is that decriminalization isn’t like flipping a switch — it takes time for attitudes to shift. There are signs that this has begun: In the 2008 New Zealand survey, 40 percent of sex workers also said they felt a sense of camaraderie and belonging, suggesting that their relationships with one another may provide an antidote to stigma. Annah Pickering, who does street outreach for the New Zealand Prostitutes’ Collective, describes a more recent dynamic with the police that would be unthinkable almost anywhere else. “We used to wave the police down for help, and they’d keep driving, but now they take sex workers’ complaints seriously,” she said. She told me about an incident in South Auckland last year. “One client negotiated with a street worker; she did the act, and he refused to pay. She waved a cop down, and he told the client he had to pay and took him to the A.T.M. to get the money.”
Sixty years ago, after Gloria Steinem graduated from Smith College, she spent two years in India on a fellowship observing village-based land reform. Returning to the country in 2014, she called prostitution “commercial rape,” makingheadlines. Until recently, Indian feminists shared Steinem’s views of prostitution, but many have gradually shifted their thinking. In 2014, Lalitha Kumaramangalam, the chairwoman of India’s National Commission on Women, came out in favor of decriminalization, saying it would help protect sex workers from violence and improve their health care. Reaction within India was mixed. But the refusal of Americans like Steinem to rethink their broad-brush condemnation of sex work, or the wisdom of rescue tactics, angers some feminists there. “Why have you locked yourself into saving sex workers in India and not engaged with the larger women’s movement?” asked Geeta Misra, who runs the human rights group C.R.E.A. in New Delhi, which tries to build feminist leadership and expand sexual and reproductive freedom.
The debate shifted in India largely because of the role of the country’s sex-worker collectives, which are among the largest in the world, and which exert a social and political force that has no parallel in the United States. Founded in the early 1990s, the collectives first proved adept at helping to slow the spread of H.I.V. Melinda Gates went to Sonagachi, the red-light district in the city of Kolkata, in 2004 and wrote in The Seattle Times about a sex worker named Gita and her peers, who “have helped to increase condom use from zero to 70 percent in their district, and to reduce H.I.V. infection rates to 7 percent — compared with rates as high as 66 percent among sex workers elsewhere.” Gates concluded by announcing that the foundation she created with her husband, Bill Gates, would spend $200 million to fight H.I.V. in India, an amount later raised to $338 million.
The sex-worker collective in Sonagachi, the Durbar Mahila Samanwaya Committee (D.M.S.C., the “Unstoppable Women Committee”), now has 65,000 members and runs schools for the children of sex workers, who often face discrimination, and has established banks where sex workers can open accounts. In rural Sangli, 6,000 people belong to Veshya Anyay Mukti Parishad (or VAMP, “Sex Workers Fight Injustice”), an offshoot of Sangram, the public-health group.Continue reading the main story
- Summarize the history of prostitution in the United States.
- List the reasons that lead many people to dislike prostitution.
- Explain the problems that streetwalkers experience and why these problems occur.
Prostitution, the selling of sexual services, is yet another controversial sexual behavior. Many people, and especially those with conservative, religious views, believe prostitution is immoral because it involves sex for money, and they consider prostitution a sign of society’s moral decay. Many feminists believe that prostitution is degrading to women and provides a context in which prostitutes are robbed, beaten, and/or raped. These two groups of people might agree on little else, but they both hold strong negative views about prostitution. Regardless of their other beliefs, many people also worry that prostitution spreads STDs. All these groups think prostitution should remain illegal, and they generally prefer stricter enforcement of laws against prostitution.
Other people also do not like prostitution, but they believe that the laws against prostitution do more harm than good. They think that legalizing prostitution would reduce the various harms prostitution causes, and they believe that views about the immorality of prostitution should not prevent our society from dealing more wisely with it than it does now.
This section presents a short history of prostitution before turning to the various types of prostitution, reasons for prostitution, and policy issues about how best to deal with this particular sexual behavior. Because most prostitution involves female prostitutes and male customers, our discussion will largely focus on this form.
History of Prostitution
Often called the world’s oldest profession, prostitution has been common since ancient times (Ringdal, 2004). In ancient Mesopotamia, priests had sex with prostitutes. Ancient Greece featured legal brothels (houses of prostitution) that serviced political leaders and common men alike. Prostitution was also common in ancient Rome, and in the Old Testament it was “accepted as a more or less necessary fact of life and it was more or less expected that many men would turn to prostitutes” (Bullough & Bullough, 1977, pp. 137–138). During the Middle Ages and through the nineteenth century, prostitution was tolerated as a necessary evil, as legal brothels operated in much of Europe and were an important source of tax revenue. As the dangers of venereal disease became known, some cities shut down their brothels, but other cities required regular medical exams of their brothels’ prostitutes.
Prostitution was also common in the United States through the nineteenth century (Bullough & Bullough, 1987). Poor women became prostitutes because it provided a source of income at a time when they had few other options for jobs. Some prostitutes worked for themselves on streets and in hotels and other establishments, and other prostitutes worked in legal brothels in many US cities. During the Civil War, prostitutes found many customers among the soldiers of the Union and the Confederacy; the term hooker for prostitute comes from their relations with soldiers commanded by Union general Joseph Hooker. After the Civil War, camps of prostitutes would set up at railroad construction sites. When the railroad workers would visit the camps at night, they hung their red signal lamps outside the prostitutes’ tents so they could be found if there was a railroad emergency. The term “red-light district” for a prostitution area originated in the red glow that resulted from this practice.
Many US cities had legal brothels into the early 1900s. Beginning in about 1910, however, religious groups and other parties increasingly spoke out about the immorality of prostitution, and in addition claimed that middle-class girls were increasingly becoming prostitutes. Their efforts succeeded in shutting down legal brothels nationwide. Some illegal brothels continued, and among their number was a San Francisco brothel run during the 1940s by a madam (brothel manager and/or owner) named Sally Stanford. Her clientele included many leading politicians and businessmen of San Francisco and nearby areas. Like other earlier brothels, Stanford’s brothel required regular medical exams of her employees to help prevent the spread of venereal diseases (Stanford, 1966). Despite or perhaps because of her fame from being a madam, Stanford was later elected mayor of Sausalito, a town across the bay from San Francisco.
Prostitution in the United States Today
No one really knows how many prostitutes we now have. Prostitutes are not eager to be studied, and because their work is illegal, the federal government does not compile statistics on their numbers as it does for physicians, plumbers, teachers, and hundreds of other legal occupations. One well-analyzed estimate put the number of female prostitutes at 70,000 and further concluded that they engage in an average of 700 acts of prostitution with male customers annually, or almost 50 million acts of prostitution overall each year (Brewer et al., 2000). However, other estimates put the number of prostitutes as high as 500,000, with many of these prostitutes working part-time, whether or not they also work in a legal occupation (Clinard & Meier, 2011).
Regardless of the actual number, prostitution is very common. The GSS asks, “Thinking about the time since your 18th birthday, have you ever had sex with a person you paid or who paid you for sex?” In 2010, 11.9 percent of men and 1.7 percent of women answered “yes” to this question. These figures translate to about 13.5 million men 18 and older who have engaged in prostitution, usually as the customer, and 2.1 million women.
In 2010, police and other law enforcement agents made almost 63,000 arrests for prostitution and commercialized vice (Federal Bureau of Investigation, 2011). Most of these arrests were of prostitutes, but some were of customers. Women accounted for almost 69 percent of the arrests in this entire category.
Types of Prostitutes
Several types of prostitutes exist. At the bottom of the prostitution “hierarchy” are streetwalkers (also called street prostitutes), who typically find their customers, or are found by their customers, somewhere on a street. They then have a quick act of sex in the customer’s car, in an alleyway or other secluded spot, or in a cheap hotel. Although streetwalkers are the subjects in most studies of prostitutes, they in fact compose only about one-fifth of all prostitutes (Weitzer, 2012).
The remaining 80 percent of prostitutes generally work indoors. Call girls work as independent operators in their homes or fairly fancy hotels and charge a lot of money for their services, which include sex but also talking and dining. Their clients are typically businessmen or other wealthy individuals. Many call girls earn between $200 and $500 per hour, and some earn between $1,000 and $6,000 per hour or per session (Weitzer, 2009). Escorts work for escort agencies, which often advertise heavily in phone books and on the Internet. They may operate out of an apartment rented by their agency or come to a client’s hotel room or other location. Although they may actually act as an escort to a dinner or show, typically their services include sexual acts. They, too, are generally well paid for their work, but do not earn nearly as much as call girls because they have to give at least 30 percent of their earnings to their agency.
Call girls and escorts rank at the top of the prostitution hierarchy (Weitzer, 2009). Below them, but above streetwalkers, are three other types of prostitutes. Brothel workers, as the name implies, are prostitutes who work in brothels. The only legal brothels in the United States today are found in several rural counties in Nevada, which legalized prostitution in these counties in 1971. Workers in these brothels pay income tax. Because their employers require regular health exams and condom use, the risk of sexually transmitted disease in Nevada’s brothels is low. Massage parlor workers, as their name also implies, work in massage parlors. Many massage parlors, of course, involve no prostitution at all, and are entirely legal. However, some massage parlors are in fact fronts for prostitution, where the prostitute masturbates a man and brings him to what is often termed a “happy ending.” A final category of prostitution involves prostitutes who work in bars, casinos, or similar establishments (bar or casino workers). They make contact with a customer in these settings and then have sex with them elsewhere.
The lives and welfare of streetwalkers are much worse than those of the five types of indoor workers just listed. As sociologist Ronald Weitzer (2012, p. 212) observes, “Many of the problems associated with ‘prostitution’ are actually concentrated in street prostitution and much less evident in the indoor sector.” In particular, many streetwalkers are exploited or abused by pimps, use heroin or other drugs, and are raped, robbed, and/or beaten by their clients. A good number of streetwalkers also began their prostitution careers as runaway teenagers and were abused as children.
In contrast, indoor workers begin their trade when they were older and are less likely to have been abused as children. Their working conditions are much better than those for streetwalkers, they are less likely to be addicted to drugs and to have STDs, they are better paid, and they are much less likely to be victimized by their clients. Studies that compare indoor prostitutes with nonprostitutes find that they have similar levels of self-esteem, physical health, and mental health. Many indoor prostitutes even report a rise in self-esteem after they begin their indoor work (Weitzer, 2012).
Estimates of the number of prostitutes in the United States range widely between 70,000 and 500,000. Streetwalkers comprise about one-fifth of all prostitutes.
By definition, prostitution involves the selling of sex. This means that money is the key feature of prostitution. As such, money is also the major motivation for women who become prostitutes, as most of them come from low-income backgrounds. For indoor workers, and especially call girls, prostitution is a potentially well-paying occupation. Streetwalkers hardly get rich from prostitution and suffer the many problems listed earlier, but prostitution still provides them a source of income that they are unlikely to receive through legal occupations because they have few marketable job skills.
Despite this financial motivation, most women do not become prostitutes, and scholars have tried to understand why some women do so. Because prostitutes are not eager to be studied, as noted earlier, we do not yet have studies of random samples of prostitutes, and probably never will have such studies. As also noted earlier, most studies of prostitutes involve streetwalkers, even though they compose only about 20 percent of all prostitutes. Several of these studies cite high rates of child abuse in the backgrounds of streetwalkers, but other studies find that their rates of child abuse are similar to those of women from similar sociodemographic backgrounds who are not prostitutes (Weitzer, 2009). Although some studies find certain psychological problems among streetwalkers, it is unclear whether these problems existed before they became streetwalkers or developed (as is very possible) after they became streetwalkers. Methodologically, the best way to clarify this causal question would be to randomly assign young women to become prostitutes or not to become prostitutes, and then to study what happens to their psychological health afterward. For many reasons, this type of study would be highly unethical and will never be done. In the absence of studies of this type, it is difficult to determine what exactly prompts some women to become prostitutes.
There is an old saying that “it takes two to tango.” Prostitution obviously cannot occur unless a customer wants to pay for the services of a prostitute. Despite this essential fact of prostitution, there are very few studies of why men choose to become customers. The implicit message from this lack of studies is that it is normal for men to have sex with a prostitute but abnormal for women to charge these men for this sex. The few studies we do have do not find any substantial differences between customers and noncustomers (Weitzer, 2009). Just as men come from various social backgrounds, so do the men who choose to have sex with a prostitute.
Customers do have certain motivations for choosing to pay for prostitution (Weitzer, 2009). These motivations include (1) the desire to have sex with someone with a certain physical appearance (age, race, body type); (2) the lack of a sexual partner or dissatisfaction with a sexual partner, including a desire to have unconventional sex that the partner does not share; (3) the thrill of having sex with a prostitute; and (4) the desire to have sex without having to make an emotional commitment. Although one or more of these motivations may be necessary for a man’s decision to seek prostitution, they do not entirely explain this decision. For example, many men may not have a sexual partner or may be dissatisfied with a partner they do have, but they still do not decide to pay for a prostitute.
Beyond explaining why individual women and men are more likely than others to pay for sex or to receive pay for sex, the three sociological perspectives outlined in Chapter 1 “Understanding Social Problems”—functionalist theory, conflict theory, and symbolic interactionism—offer more general insights on prostitution. Table 9.5 “Theory Snapshot” provides a summary of these insights.
Table 9.5 Theory Snapshot
|Theoretical perspective||Contributions to understanding prostitution|
|Functionalism||Prostitution is functional for several parties in society. It provides prostitutes a source of income, and it provides a sexual alternative for men who lack a sexual partner or are dissatisfied with their current sexual partner. According to Kingsley Davis, prostitution also helps keep the divorce rate lower than it would be if prostitution did not exist.|
|Conflict theory||Prostitution arises from women’s poverty in a patriarchal society. It also reflects the continuing cultural treatment of women as sex objects who exist for men’s pleasure.|
|Symbolic interactionism||Prostitutes and their customers have various understandings of their behavior that help them justify why they engage in this behavior. Many prostitutes believe they are performing an important service for their customers, and this belief is perhaps more common among indoor prostitutes than among street prostitutes.|
According to functionalist theory, prostitution exists because it serves several important functions for society generally and for certain people in society. As we have already mentioned, it provides a source of income for many women who otherwise might be jobless, and it provides a sexual alternative for men with the motivations listed earlier. Almost eight decades ago, sociologist Kingsley Davis (1937) wrote that prostitution even lowers the divorce rate. He reasoned that many married men are unhappy with their sex life with their wives. If they do not think this situation can improve, some men start an affair with another woman and may fall in love with that woman, threatening these men’s marriages. Other men turn to a prostitute. Because prostitution is generally impersonal, these men do not fall in love with their prostitutes, and their marriages are not threatened. Without prostitution, then, more men would have affairs, and more divorces would result. Although Davis’s hypothesis is provocative, there are no adequate studies to test it.
According to conflict theory, prostitution reflects the economic inequality in society. Many poor women feel compelled to become prostitutes because of their lack of money; because wealthier women have many other sources of income, the idea of becoming a prostitute is something they never have to consider. Sad but interesting historical support for this view comes from an increase in prostitution in the second half of the nineteenth century. Many women lost husbands and boyfriends in the war and were left penniless. Lacking formal education and living in a society that at the time offered few job opportunities to women, many of these bereaved women were forced to turn to prostitution to feed their families and themselves. As American cities grew rapidly during the last decades of the nineteenth century, thousands of immigrant women and other poor women also turned to prostitution as a needed source of income (Rosen, 1983). This late nineteenth-century increase in prostitution, then, occurred because of women’s poverty.
According to the feminist version of conflict theory, prostitution results not only from women’s poverty but also from society’s patriarchal culture that still views men as the dominant figure in heterosexual relationships and that still treats women as “sex objects” who exist for men’s pleasure (Barry, 1996). In such a culture, it is no surprise and even inevitable that men will want to pay for sex with a woman and that women will be willing to be paid for sex. In this feminist view, the oppression and exploitation that prostitution inherently involves reflects the more general oppression and exploitation of women in the larger society.
Symbolic interactionism moves away from these larger issues to examine the everyday understandings that prostitutes and their customers have about their behavior. These understandings help both prostitutes and customers justify their behavior. Many prostitutes, for example, believe they are performing an important service for the men who pay them. Indoor prostitutes are perhaps especially likely to feel they are helping their customers by providing them not only sex but also companionship (Weitzer, 2009). A woman who owned a massage parlor named “The Classic Touch” echoed this view. Her business employed fourteen women who masturbated their customers and offered a senior citizen discount. The owner reasoned that her employees were performing an important service: “We have many senior citizens and handicapped people. We have some men who are impotent and others who are divorced or in bad marriages. This is a safe, AIDS-free environment…that helps marriages. Husbands come in here and get a stress release and then they are able to go home and take on more. These are men who aren’t in bars picking up strange women” (Ordway, 1995, p. 1).
Customers of prostitutes tend to come from the same kinds of social backgrounds as do noncustomers. They have certain motivations for wanting to be with a prostitute, but many noncustomers have the same motivations yet still do not pay for prostitution.
Dealing with Prostitution
With prostitution, past is once again prologue. It has existed since ancient times, and it has continued throughout the United States long since prostitution was banned by the United States in 1920. The legal brothels that now exist in rural counties in Nevada are the exception in this nation, not the rule. Yet prostitution is common outside of Nevada, and thousands of arrests occur nationwide for it.
As with illegal drugs (see Chapter 7 “Alcohol and Other Drugs”), as we think about how to deal with prostitution, we should consider both a philosophical question and a social science question (Meier & Geis, 2007). The philosophical question is whether two people should be allowed to engage in a behavior, in this case prostitution, in which both want to participate. Many people may dislike this behavior for various reasons, but is that sufficient justification for the behavior to be banned if both people (let’s assume they are legal adults) want to engage in it? In this regard, and without at all meaning to equate prostitution with same-sex sexual behavior, an analogy with homosexuality is worth considering. Homosexual sex used to be illegal because many people thought it was immoral. When the US Supreme Court finally invalidated all laws against homosexual sex in its 2003 case, Lawrence v. Texas, the majority opinion declared that “the fact that a State’s governing majority has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice.” It further asserted, “The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.” Although the majority opinion specifically said its decision did not apply to prostitution, a reasonable argument may be made that respect for privacy of consensual sexual conduct also means that prostitution, too, should be legal.
Here it may be argued that prostitution still victimizes and objectifies women even if they want to engage in it. This is a reasonable argument, but there are many occupations that victimize employees, either because the occupations are dangerous (such as coal mining and construction work) or because the job requirements objectify women as sex objects (such as fashion modeling and cheerleading). Because hardly anyone would say these occupations should be illegal, is it logical to say that prostitution should be illegal? Former US Surgeon General Joycelyn Elders thinks it makes no sense to ban prostitution simply because it objectifies women: “Why are we so upset about sex workers selling sexual acts to consenting adults?” she asks. “We say that they are selling their bodies, but how different is that from what athletes do? They’re selling their bodies. Models? They’re selling their bodies. Actors? They’re selling their bodies” (McCaslin, 1999, p. A8).
The social science question concerning laws against prostitution is whether these laws do more good than harm, or more harm than good. If they do more good than harm, they should be maintained and even strengthened; if they do more harm than good, they should be repealed. A growing number of scholars believe that the laws against prostitution do more harm than good, and they say that the best way to deal with prostitution might be to legalize and regulate it (Weitzer, 2011).
Proponents of legalization argue as follows. Although many people cite the horrible lives of many streetwalkers as a major reason for their support of laws against prostitution, these laws ironically cause the problems that streetwalkers experience (Weitzer, 2011). When US prostitution was legal a century ago in brothels across the nation, brothel prostitutes were safer than streetwalkers are now. Prostitutes working today in Nevada’s legal brothels are safer than streetwalkers. Whatever we might think of their behavior, legal brothel workers are relatively safe from being robbed, beaten, or raped, and their required regular medical exams leave them relatively free of sexually transmitted disease. The health problems and criminal victimization that many streetwalkers experience happen because their behavior is illegal, and legalizing and regulating prostitution would reduce these problems (Weitzer, 2011).
In this regard, legalization of prostitution is yet another harm reduction approach to a social problem. As Weitzer (2012, p. 227) observes, “Research suggests that, under the right conditions, legal prostitution can be organized in a way that increases workers’ health, safety, and job satisfaction. Mandatory condom use and other safe-sex practices are typical in legal brothels, and the workers face much lower risk of abuse from customers.”
Legalization of prostitution would also yield a considerable amount of tax revenue, as is now true in Nevada. Let’s assume that 50 million acts of prostitution occur annually in the United States, to cite our earlier estimate that is probably too low, and that each of these acts costs an average $30. Putting these numbers together, prostitutes receive $1.5 billion annually in income. If they paid about one-third of this amount (admittedly a rough estimate) in payroll taxes, the revenue of state and federal governments would increase by $500 million. Because the tens of thousands of arrests for prostitution and commercialized vice annually would reduce significantly if prostitution were legalized, the considerable financial savings from this reduction could be used for other pursuits.
Legalizing prostitution would add the United States to the lengthy list of other Western democracies that have already legalized it. Although their models of legalization vary, the available evidence indicates that legalizing prostitution does, in fact, reduce the many problems now associated with illegal prostitution (see Note 9.25 “Lessons from Other Societies”).
Lessons from Other Societies
Legal Brothels in Other Western Democracies
In many other Western democracies, prostitution is legal to varying degrees that depend on the specific nation. In some nations, streetwalking is permitted, but in other nations, only brothels are permitted.
The legal brothel model is what the United States had a century ago and has today only in rural Nevada. As in Nevada, other nations that permit legal brothels usually require regular health exams and the use of condoms to prevent the transmission of sexual diseases. They also license the brothels so that the brothels must fulfill various standards, including the safe-sex practices just mentioned, to receive a license. In addition, brothels must pay taxes on their revenues, and brothel workers must pay taxes on their incomes.
As in rural Nevada, brothel workers in these other nations are unlikely to be abused by their customers. A major reason for their relative safety is that they work indoors and that any abuse by customers might be heard or witnessed by someone else inside the brothel. In addition, brothels in many nations have implemented certain measures to ensure workers’ safety, including the provision of panic buttons, the use of listening devices, and screening of customers when they enter the brothel.
A report by the Ministry of Justice in the Netherlands, where legal brothels operate, has concluded that most brothel workers say that they feel safe. A government report in New Zealand, which legalized prostitution in 2003, concluded that legalization made it more likely that prostitutes report any problems to the police and also increased their self-esteem because their behavior was now legal. A government commission in Australia that evaluated legal brothels in the northeastern state of Queensland concluded, “There is no doubt that licensed brothels provide the safest working environment for sex workers in Queensland…Legal brothels now powering in Queensland provide a sustainable model for a healthy, crime-free, and safe legal licensed brothel industry.”
Assessing all these nations’ experiences, sociologist Ronald Weitzer concluded that “legal prostitution, while no panacea, is not inherently dangerous and can be structured to minimize risks and empower workers.” The United States, then, has much to learn from the other Western democracies that have legalized prostitution.
Sources: Weitzer, 2009, 2012
- Prostitution has existed since ancient times and continues to be common today around the world. The United States had legal brothels before 1920, and legal brothels are found today in rural counties in Nevada.
- Many people oppose prostitution because they feel it is immoral or because they feel it degrades and victimizes women. Because prostitution usually involves consensual behavior, some scholars say it should not be illegal in a society that values a right to privacy.
- Some scholars also say that laws against prostitution do more harm than good and in particular account for the various problems that streetwalkers experience.
For Your Review
- Do you think prostitution should become legal and regulated? Why or why not?
- The major difference between prostitution and sex resulting from a casual pickup involves whether money is exchanged. Write an essay in which you first take the “pro” side on the following debate question, and then take the “con” side: that prostitution is worse than sex from a casual pickup.
Workers in legal brothels are relatively safe from victimization by customers and from the risk of incurring and transmitting sexual diseases.
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