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Identification of the Positive Social Influences of the Decriminalizing and Legalization of Prostitution in the United States

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Identification of the Positive Social Influences of the Decriminalizing and Legalization of Prostitution in the United States AMERICAN ACADEMY OF CLINICAL SEXOLOGISTS IDENTIFICATION OF THE POSITIVE SOCIAL INFLUENCES OF THE DECRIMINALIZING AND LEGALIZATION OF PROSTITUTION IN THE UNITED STATES A DISSERTATION SUBMITTED TO THE FACULTY OF THE AMERICAN ACADEMY OF CLINICAL SEXOLOGISTS IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN CLINICAL SEXOLOGY BY STEVEN THOMAS DAVIDSON ORLANDO, FLORIDA ACKNOWLEDGEMENTS To my partner, Johnny Harrison, who stands by me and who oversaw my ailing mother’s health care while I attended classes in Florida. To my friend, Dr. Brian Wieszbicki, who graciously opened his home to me while I attended classes in Florida. To my friends Checo, Jr, Merle, Rod, and Windle for your loving support and always being just a phone call away. To my colleague, Dr. Joe Kort, who encouraged me to attend the American Academy of Clinical Sexologists and offered suggestions and recommendations for managing the challenges of balancing school with a private practice. To Sarah Patterson, Community Organizer, Sex Workers Outreach Project, NYC, who took the time to speak with me by phone, email me a list of useful resources, and inform me of the research of Dr. Ronald Weitzer. To Dr. Ronald Weitzer, Professor of Sociology at George Washington University, who has effectively researched the subject, written many informative articles and books, and who took the time to reply to my email. To Dr. William Granzig, who shared his knowledge and experience as a clinical sexologist and who was patient and supportive of me through the challenge of my mother’s illness and death while I worked on this project. My appreciation to the American Academy of Clinical Sexologists and its faculty for providing me with an educational experience I could not obtain anywhere else in the country. ii ABSTRACT Prostitution has been deemed the world’s oldest profession. It has a long history in the United States and the world in general. It is currently legal in a few counties in only one state in America. There remains an undying demand for the service despite its criminal status. Most data publicly reported in the United States about prostitution is skewed toward highlighting its criminal status (Weitzer, 2012). This study examines the documentation of measurable benefits to sex workers and consumers and identifies the positive social influences to decriminalizing and/or legalizing prostitution in the United States. It presents data based on industry research within and outside the country. It is not illegal for consenting adults to enter into sexual relationships. Neither is it illegal for adults to exchange goods and services for money. However, the provision and consumption of sexual services for money is considered criminal in this free and capitalist society. Ironically, Americans use sexual concepts to advertise and sell numerous products and services, but sex itself cannot be legally sold or purchased in most of America. iii CONTENTS ABSTRACT.......................................................................................................................iii PROBLEM STATEMENT..................................................................................................1 PURPOSE OF STUDY.......................................................................................................2 HYPOTHESIS....................................................................................................................3 CHAPTER 1: FOUNDATION FOR THE STUDY............................................................4 Terminology............................................................................................................4 Legalization vs. Decriminalization.........................................................................6 Research................................................................................................................10 A World History of Prostitution............................................................................13 An American History of Prostitution....................................................................20 The Current Status of Prostitution in America.....................................................24 CHAPTER 2: EXAMINATION OF SOCIAL INFLUENCES........................................28 Prostitution as a Career.........................................................................................28 Sex Economics......................................................................................................29 The Role of Biology in the Demand for Prostitution............................................32 Health and Safety..................................................................................................36 Sexual Rights are Human Rights..........................................................................38 Sexual Healing......................................................................................................38 The Influence of Criminalization on Violence Against Prostitutes.......................40 CHAPTER 3: DISMANTLING THE ARGUMENTS AGAINST LEGALIZATION AND DECRIMINALIZATION................................................................42 Building the Case..................................................................................................42 Sex Trafficking......................................................................................................43 Victimization of Women and Children..................................................................44 Sexually Transmitted Diseases..............................................................................46 CHAPTER 4: CONCLUSION..........................................................................................47 Concluding Statement...........................................................................................47 Positive Social Influences Identified.....................................................................48 SELECTED BIBLIOGRAPHY.........................................................................................51 A RESOURCE LIST.........................................................................................................53 iv PROBLEM STATEMENT Prostitution is illegal and criminalized in all of the United States except for a few counties in one state, Nevada. Sexuality is a basic, innate aspect of humanity. Its expression between consenting adults should not be illegal in any state. Criminalizing prostitution places an undue burden on consumers by denying them access to safe and healthy forms of sexual expression. It places a burden on sex workers by denying them career legitimacy and protection under laws governing employee labor. It burdens society by spending tax dollars on law enforcement to investigate victimless crimes and by not capitalizing on the revenues of a service industry that is already in existence and cannot be eradicated. 1 PURPOSE OF STUDY This study examines and identifies the positive social influences of decriminalizing and/ or legalizing prostitution in the United States. It informs the reader how and why other countries have already successfully legalized this service and how America could benefit from following their example. This study will focus mostly on prostitution provided by female sex workers to male consumers. This is intended to narrow the subject and focus on the most common aspects of this industry. It is not intended to ignore or diminish the role of prostitutes who are male or transgender or the needs and expectations of their male, female, or transgender clients. The laws currently in place govern all aspects of the industry without regard for gender or gender identity. 2 HYPOTHESIS There are identifiable benefits to decriminalizing and legalizing prostitution in America. 3 CHAPTER 1 FOUNDATION FOR THE STUDY Terminology Prostitution is “defined as sex exchanged for money or its equivalent” (Ringdal, 2004, p. 5). This definition of prostitution is most applicable to the subject of this study since it is the exchange of sex for money that is illegal and criminalized in most of America. “The word prostitute, derived from Latin, literally refers to exposure of the genitalia, but the word was not in common use for the sale of sex until the Middle Ages” (Ringdal, 2004, p. 93). The subject of prostitution is broad and there are multiple variables to consider about how services are delivered and by whom. “The term ‘prostitution’ includes the streetside blowjob, the high-priced escort, ... the teen runaway trying to scrape together enough money for food ..., the legal brothels in Nevada ..., male prostitution, sex tourism, and the crack house exchange of sex for drugs. To treat them all the same analytically or in terms of policy is to miss fundamental differences in the degree of power and consent of the participants” (Weitzer, 2010b, p.235). However, no difference is made between them in the American legal system. That, they all share in common. Some prostitutes prefer to be identified as sex workers. They believe there is a negative stereotype associated with the term prostitute. Sex work, however, encompasses the exchange of sexual services for material compensation as well as selling erotic performances or products. “It includes acts of direct physical contact between buyers and sellers (prostitution, lap dancing) as well as indirect sexual stimulation (pornography, stripping, telephone sex, live sex shows, erotic 4 web cam performances)” (Weitzer, 2012, p. 3). The American legal system does
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