This is a very interesting article on the world's oldest profession, and is especially timely when you consider the recent news on the NY gov.


Why Is Prostitution Illegal?
The oldest question about the oldest profession.
By Emily Bazelon, Slate.com
Posted Monday, March 10, 2008
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When he was attorney general, Eliot Spitzer had no trouble going after a "sophisticated prostitution ring." As governor, he apparently had no trouble patronizing one. The hypocrisy speaks for itself. But what about the oldest question about the oldest profession: Why, exactly, is prostitution illegal?

The case for making it against the law to buy sex begins with the premise that it's base and exploitative and demeaning to sex workers. Legalizing prostitution expands it, the argument goes, and also helps pimps, fails to protect women, and leads to more back-alley violence, not less. This fight over legalization has been waged in the last few years over international human-trafficking laws and proposals to make prostitution legal in countries like Bulgaria, a movement that the U.S. government helped defeat.

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The government also claims that legalizing or tolerating prostitution creates "greater demand for human trafficking victims." And yet, prostitution is legal in parts of Nevada, a companion to other cherished vices.

You don't have to be a moralist or a prude to buy the argument for banning prostitution. But if you're so inclined, it's an easy one to take apart. Martha Nussbaum, a law and philosophy professor at the University of Chicago, argues that lots of work involves the sale of bodily services and that lots of the work that poor women do involves bad working conditions. For her, it's all about context - there's a big difference between a street worker controlled by a pimp and a high-end call girl who picks her own clients, and the real question is how to increase poor women's access to decent and safe work in general. Legalizing prostitution "is likely to make things a little better for women who have too few options to begin with," Nussbaum writes.

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Would legalizing prostitution increase trafficking? Not necessarily. "By this logic, the state of Nevada should be awash in foreign sex slaves, leading one to wonder what steps the Justice Department is taking to free them," writer David Feingold noted dryly in Foreign Policy in 2005. Countries in which prostitution is legal, (Australia, Germany, the Netherlands), aren't cesspools. On the other hand, they haven't seen the demand for prostitution drop off, either, and sometimes it rises.

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In the end, this seems like the most salient question: Forget Eliot Spitzer. Shouldn't prostitution laws come down to working conditions - and the laws that would lead to better ones for sex workers?

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To start filling in the gap, Levitt and Venkatesh looked at data from the Chicago Police Department. They found that women working the streets were making $27 an hour but less than $20,000 a year (they don't log a lot of hours). The risks of the trade were serious: "an annual average of a dozen incidents of violence and 300 instances of unprotected sex." There was also a "surprisingly high prevalence of police officers demanding sex from prostitutes in return for avoiding arrest." That looks like another argument against the bans on prostitution - presumably women wouldn't be caught in this particular trap if they weren't worried about going to jail in the first place. Levitt and Venkatesh also offer up this statistic: Prostitutes get arrested about once per 450 tricks, and johns even less frequently.

Two lessons here: 1) A law that isn't being enforced much may not be worth having; and 2) Eliot Spitzer looks really, really unlucky.

Emily Bazelon is a Slate senior editor.

Article URL: http://www.slate.com/id/2186243/

Here's a study on male vs. female prostitution. Interesting findings, I thought.

Vandiver/Krienert prostitution study