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There has been much debate over the last few decades about prostitution law reform. In the course of discussion, several terms are used to indicate current or preferred situations, alternatives and legal strategies. To understand the definitions of legalized, decriminalized, regulated prostitution, etc., we need to understand the context in which these terms are used.

Defining terms for contemporary discussion

Although there have always been reformist efforts and movements concerning prostitution, the prostitutes rights movement, as we know it today, began in the late 60s and early 70s. The difference between the contemporary prostitutes movement and previous efforts is that the current movement has been defined in a large part by prostitutes themselves. Prostitute activists have defined prostitutes legal status in specific ways since the beginning of the prostitutes rights movement. The current movement includes a recognition of the rights of prostitutes to autonomy and self-regulation.

Common definitions of legalization

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There is no official definition of legalized or decriminalized prostitution. Those who are not familiar with the contemporary discussion about prostitution law reform usually use the term legalization to mean any alternative to absolute criminalization, ranging from licensing of brothels to the lack of any laws about prostitution. Most references to law reform in the media and in other contemporary contexts use the term legalization to refer to any system that allows some prostitution. These common definitions of legalization are extremely broad. Conflicting interpretations of this term often cause confusion in a discussion of reform.

Many (or most) societies that allow prostitution do so by giving the state control over the lives and businesses of those who work as prostitutes. Legalization often includes special taxes for prostitutes, restricting prostitutes to working in brothels or in certain zones, licenses, registration of prostitutes and government records of individual prostitutes, and health checks which often means punitive quarantine. The term legalization does not necessarily have to refer to the above sorts of regulations. In fact, in one commonly accepted definition of legalization, legal can simply mean that prostitution is not against the law.

Legalization

From sociological perspective, the term legalization usually refers to a system of criminal regulation and government control of prostitutes, wherein certain prostitutes are given licenses which permit them to work in specific and usually limited ways. Although legalization can also imply a decriminalized, autonomous system of prostitution, in reality, in most legalized systems the police are relegated the job of prostitution control through criminal codes. Laws regulate prostitutes businesses and lives, prescribing health checks and registration of health status (enforced by police and, often corrupt, medical agencies), telling prostitutes where they may or may not reside, prescribing full time employment for their lovers, etc. Prostitute activists use the term legalization to refer to systems of state control, which defines the term by the realities of the current situation, rather than by the broad implications of the term itself.

Because of the range of definitions of legalization, it is difficult to use the term in a discussion of reform. When the general public concerned with civil rights, privacy, etc., call for legalization, they may not be aware implications of that term, or of the problems inherent in many legalized systems.

Decriminalization

Prostitutes rights organizations (ie, COYOTE, National Task Force on Prostitution) use the term decriminalization to mean the removal of laws against prostitution. Decriminalization is usually used to refer to total decriminalization, that is, the repeal of laws against consensual adult sexual activity, in commercial and non-commercial contexts. (Prostitutes rights organizations such as US PROS, English Collective of Prostitutes prefer to refer to the abolition of laws against prostitutes). Prostitutes rights advocates call for decriminalization of all aspects of prostitution resulting from individual decision. Asserting the right to work as a prostitutes, many claim their right to freedom of choice of management. They claim that laws against pimping (living off the earnings) are often used against domestic partners and children, and these laws serve to to prevent prostitutes from organizing their businesses and working together for mutual protection. They call for the repeal of current laws that interfere with their rights of freedom of travel and freedom of association. Civil rights and human rights advocates from a variety of perspectives call for enforcement of laws against fraud, abuse, violence and coercion to protect prostitutes from abusive, exploitative partners and management.

Regulation

The regulation of prostitution usually refers to the criminal regulation of prostitution, but prostitutes rights activists also refer to regulation in terms of both civil regulation and self-regulation. They call for prostitute regulation of prostitute businesses, and civil codes regulating prostitute businesses with regard to the conditions and rights of workers. Those who call for autonomy support solo and collective work arrangements, and prostitutes control of their own lives and businesses. The discussion of regulation is primitive and it is difficult to invoke concepts of self-regulation in a context that presumes police control over prostitutes.

Abolitionism

The attitudes of prostitutes rights activists contrast with attitudes about prostitution by anti-prostitution or abolitionist organizations. Abolitionist movements define prostitution and other categories of sex work as inherently exploitative. Currently abolitionists define prostitution as violence, per se, emphasizing involvement in prostitution as a response to childhood sexual abuse. As a reaction to the exploitation fostered by imperialism and military occupations, international anti-prostitution activists oppose prostitution per say, as well as sex tourism and trafficking (international pimping). Historically, abolitionists have dedicated themselves to rescuing women from prostitution, and training women to find alternative careers or security in marriage. Abolitionist groups want to end the institution of prostitution, envisioning a world where no one sells sexual services for any reason. Organizations such as WHISPER (Women Hurt In Systems of Prostitution Engaged in Revolt) oppose the legitimization of prostitution. These organizations do not self- define as prostitutes rights organizations. They work to reduce or abolish the sex business, advocating against pornography, strip clubs, etc.

Summary

Obviously there is much work to be done as we create the framework for a broad discussion of prostitutes rights. Each of the linguistic approaches can be problematic The term legalization is overbroad. The term decriminalization has not worked its way into a contemporary discussion and can elicit confusion and misinterpretation. Obviously, all the above terms will be evoked in thorough discussion of the issues. Consensus regarding definitions should be established early on. As the discourse develops, it is essential that terms be developed from the perspective of those who will be effected by the legislation.

Prostitution in The United States - The Statistics--

The figures quoted here are based on studies compiled through the 180s and reflect current trends.

-- It is difficult to estimate the number of persons who currently work, or have ever worked as prostitutes for many reasons including the various definitions of prostitution. Arrest figure range are over 100,000. The National Task Force on Prostitution suggests that over one million people in the US have worked as prostitutes in the United States, or about 1% of American women.1

-- Average prostitution arrests include 70% females, 0% percent male prostitutes and 10% customers. A disproportionate number of prostitutes arrested are women of color, and although a minority of prostitutes are women of color, a large majority of those sentenced to jail are women of color. 85-0% of those arrested work on the street though street work accounts for approximately 0% of prostitutes. (Figures vary from city to city.)

-- The ratio of on-street prostitution to off-street (sauna, massage parlor, in call-outcall escort) varies in cities depending on local law, policy and custom. Whereas street prostitution accounts for between 10 to 0% of the prostitution in larger cities such as Los Angeles, San Francisco and New York, in some smaller cities with limited indoor venues (or when indoor venues are closed down) street prostitution may account for approximately 50%.4

-- Percentages of male and female prostitutes varies from city to city. Estimates in some larger cities suggest 0-0% of prostitutes are male. In San Francisco, it has been estimated that 5% of the female prostitutes are transgender.5

-- Incidence of substance use and addiction varies widely. Studies in the United States found prevalence of substance use and addiction ranging from 0% to 84%, depending on the population being studied, with substance addiction relatively common among street prostitutes (c. 50%)6 but rare among women who work off the street. One study showed that nearly 50% of one population of women who used drugs did so before becoming prostitutes.7

-- The U.S. Department of Health consistently reports that only -5% of the sexually transmitted disease in this country is related to prostitution (compared with 0-5% among teenagers). There is no statistical indication in the U.S. that prostitutes are vectors of HIV. Although a small percentage of prostitutes may be HIV positive, William Darrow, CDC AIDS epidemiology official, cites no proven cases of HIV transmission from prostitutes to clients.8

-- Violence is one of the major problems for women and prostitutes. Figures vary, one report citing 60% of the abuse against street prostitutes perpetrated by clients, 0% by police and 0% in domestic relationships. According to one massage parlor owner, over 0% of abuse against some prostitutes takes place within domestic relationships.10 Between 5 and 85% of prostitutes are survivors of incest or early sexual abuse. (Figures vary widely for different populations.)11 A study of 10 street workers (primarily homeless) who engaged in prostitution or survival sex found that 80% had been physically assaulted.1 Some prostitutes are raped between 8 and 10 times a year or more. 7% seek help (e.g.., from a rape crisis center), and only 4% report the rape to the police.1 A recent study showed that, in cases of (non-domestic) rape and abuse, 5% of the perpetrators identified themselves as police officers, often producing badges and police identification. (This does not include actual cases of police misconduct and rape.)14 Although violence and the threat of violence is a serious problem, some populations of prostitutes show no higher incidence of violence and abuse than women in general.

--Some researchers suggest that prostitutes, in general, suffer from negative identities or lack of self esteem. A 186 study by Diane Prince, however, found call girls and brothel workers had higher self esteem than before they became prostitutes. 7% of call girls liked themselves more than before. (This study also examines suicide rates, and is often misquoted, referring to a statistic regarding call-girls. In the context of pathologizing prostitutes, some mistakenly report that 75% percent of call girls have attempted suicide, however, according to this study 76% of call girls considered (not attempted) suicide, along with 61% of non-prostitutes, and only 4% of brothel workers.)15

-- Although little research has been done regarding client profiles., anecdotal reports and arrest statistic indicate that clients also vary widely in terms of race and class. In a study in London, England 50% of clients were married, or cohabiting According to Kinseys report, 70% of adult men have engaged in prostitution at least once. Male prostitutes sometimes report that their clients include married men who identify as heterosexual. Customers are rarely arrested more than once for prostitution and are infrequently jailed.

-- Police officers arrest prostitutes for public nuisance or loitering violations or by disguising themselves as customers. They will approach someone they suspect of prostitution, and solicit16 their services until this person is deceived into agreeing to perform sex for money.17 The individual is then arrested for offering or agreeing to an act of prostitution. Arrests of prostitutes necessarily include the use of entrapment, an invasion of privacy, and/or the use of discriminatory laws or tactics.

-- Average arrest, court and incarceration costs amount to nearly $ ,000.00 per arrest. Cities spend an average of 7.5 million dollars on prostitution control every year, ranging from 1 million dollars (Memphis) to million dollars (New York).18

--In 14, the United Nations adopted a resolution in favor of the decriminalization of prostitution, which has been ratified by fifty countries (not by the United States). Many countries complied with decriminalization by decriminalizing prostitution per se, leaving all related activities criminal such as soliciting, advertising, etc. In 17 the National Organization for Women passed a resolution supporting the decriminalization of prostitution.

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