Why Is Prostitution Illegal In the US?

There are many reasons why prostitution is illegal in the United States in all states except ten counties in Nevada. Many people believe prostitution causes harm to women in many ways, including rape, verbal and physical abuse, to name a few. Others believe that since it is immoral, it should be a crime. Most other countries allow it; but, it is also illegal in Argentina, India, some Muslim countries and some Communist countries.

Prostitution is a misdemeanor, which usually carries a small fine and/or a short term in jail. Some people see prostitution as a “public order crime” meaning it interferes with the normal operations of society, or goes against widely accepted social values and customs.

Most anti-prostitution laws were passed during the Progressive Era, around the end of the 19th and beginning of the 20th centuries. During this time, there were a lot of reforms, like food and drug laws and antitrust regulations.

In the 19th century, prostitution was tolerated as a necessary evil, and it was thought all that could be done would be regulating it, with health regulations and licenses for brothels. But, there was growing belief that prostitution was evil and needed to be suppressed. Middle class women played a major role in anti-prostitution legislation, insisting that it severely affected family life. Of course, the fact that it leads to the spread of venereal disease was a major point, too. Since the end of World War I, the goal has been to eradicate it.

Current Concerns About Prostitution

There are some concerns about prostitution now including:

• Some say that the prostitute and the male customer should both be penalized.
• Others say that a woman has a right to control her body.
• Others believe that it is no better than slavery, that women are coerced into it, either physically, mentally, or because they need the money. Studies have indicated that is not the case, that most prostitutes do it voluntarily, often to support a drug habit.

Currently, the word “prostitute” is being replaced with “sex worker” in some literature, especially since there are male prostitutes.

Legal Prostitution

Prostitution is the buying and selling of sexual services between consenting adults. The key reason that prostitution has remained illegal in the US is that most people think it is evil, interferes with the flow of society, and ruins family life.

Obviously, people in other places do not agree with this. Prostitution is legal in Germany, where prostitutes register, obtain licenses, submit to venereal disease checks, pay taxes, and so on. Prostitution is illegal under the age of 18.

In the UK, prostitution is legal, but certain aspects of it are not, like having a brothel, being under 18, and working on street corners. You can be a prostitute if you work privately, such as working as an outcall escort (meaning you go to the customer).

Most countries allow prostitution. They don’t believe that it does any harm, is a victimless crime, and it should be legal because it is a transaction between consenting adults.   

Pros and Cons

The decision on whether prostitution should be legal boils down to these questions:

• Should morality be legislated?
• If most people in a society think something is wrong, should it become illegal?
• If it does not harm anyone, or infringes on other people’s rights, then why should it be a crime?

Other tough questions are:

• Doesn’t the individual have a right to choose to be moral or not?
• Is it really anyone’s business what two consenting adults do?

These are good questions and both sides make very good points. Since government cannot get rid of prostitution, then many are choosing to regulate it, so the workers have a measure of protection and a safe working environment.