Legal Brothel And Prostitution Industry example essay topic

INTRODUCTION A prostitute is defined by the Oxford Advanced Learner's Dictionary as "a person who offers herself / himself for sexual intercourse for money". Legally, Prostitution is the sale of sexual services. The services may consist of any sexual acts, including those which do not involve copulation. While payment may be any nonsexual consideration, most commonly it is in the form of money.

In what seems to be a world historical pattern, an upsurge in prostitution followed the effects of urbanization and wage labor. In Africa and Latin America this trend was heightened by industrial development, which greatly accelerated extensive displacement of people from traditional kinship ties. Women often supplemented their low wages with occasional prostitution, or, in the absence of employment, turned to prostitution as full-time work. Although a persistent phenomenon throughout human history, it remains difficult to view prostitution in an objective light as various cultures have alternately tried to ban it on religious or moralistic grounds, or stigmatize it under a "don't-ask-don't-tell" sort of veneer which was a barely-tolerated but necessary evil of society.

It is interesting to note that despite an increasingly secularized attitude towards sexual relationships, as seen in society's increasing tolerance of homosexuality or pre-marital sex, prostitution retains much of its social stigma. TYPES OF PROSTITUTION Street prostitution is the most common form of prostitution. It occurs when the prostitute solicits customers while waiting at street corners or walking alongside a street usually dressed in skimpy, suggestive clothing. This can be seen on Koinage Street in Nairobi. A variation of this is where prostitution is more open and solicitation is done at bars.

Examples of this in Kenya can be seen at Florida 2000, Modern Green on La tema Road and Sabina Joy Bar and restaurant. Brothels are establishments specifically dedicated to prostitution and are usually confined to red-light districts in big cities. The clients usually go to these brothels to get sexual services. Escort or out-call prostitution often shelters under the umbrella of escort agencies, who supply attractive escorts for social occasions. In this form of prostitution the customer calls / contacts an agency and the act takes place at the client's residence or hotel room. THE DIFFERENT VIEWS ON PROSTITUTION There are many views on how countries can handle prostitution.

Abolition is a view that prostitution is immoral and prostitutes and their clients should be prosecuted. This view calls for the complete removal of all prostitution activity within a community, and making all associated activities illegal in the eyes of the law. Regulation, on the other hand, allows prostitution to be considered a legitimate business or at least an unavoidable evil; thus prostitution and empowerment of prostitutes are legal, but regulated in terms of health, location of practice, etc. Legalization sees prostitution as a victimless crime and should be made completely legal so that it is no longer an underground activity, allowing the normal checks and balances of society and existing laws to apply. Decriminalization acknowledges that prostitution is inevitable, but exploitative; thus measures should be put in place to protect prostitutes i.e. laws should target violent pimps and traffickers but not the prostitutes. UTILITARIAN vs. DEONTOLOGICAL PERSPECTIVES ON PROSTITUTION Utilitarianism seeks the greatest good for the greatest number of people.

They believe that they should make decisions that result in the greatest total utility, that is, achieve the greatest benefit for all those affected by a decision. Utilitarian decision making relies on a systematic comparison of the costs and benefits to all affected parties. (Ferrel et al: 2005, p. 98) In the case of prostitution, a utilitarian would conduct a cost-benefit analysis to assess which alternative would create the greatest utility. On the one hand, allowing the business would improve people's lives in providing funds for school fees, food, house rent, clothes, etc. The business would create thousands of jobs, enhance local economy and create great utility for the society. Additionally, the business would increase the revenues of all involved, and therefore allow more investment into research to lower the risks of infection from STDs and AIDS.

On the other hand, the risks of STDs and AIDS would cause death and affect the society as a whole. But, with correct use of condoms the risks can be reduced. After analyzing the costs and benefits of the situation, a utilitarian will decide that prostitution as a business would create more utility e.g. jobs, shelter, economic growth. Deontology refers to moral philosophies that focus on the rights of individuals and on the intentions associated with a particular behavior rather than on its consequences. Fundamental to de ontological theory is the idea that equal respect must be given to all persons.

Deontological philosophies regard certain behaviors as inherently right, and the determination of this rightness focuses on the individual actor, not society. (Ferrel et al: 2005, p. 99-100) In the case of prostitution, a de ontologist considers the risks and the potential loss of lives that might result from prostitution. Even though allowing it would benefit the society, the danger of STDs and deaths would infringe on the rights of any person involved in the business. Thus a de ontologist would not allow prostitution because of the potential risks involved. ARGUMENTS FOR THE LEGALIZATION OF PROSTITUTION 1) HIV / AIDS and STD prevention: Programs to prevent HIV / AIDS and STDs in the sex industry will have no great effect as long as this paradox exists and sex workers' rights in society remain virtually non-existent. This offers little room for negotiation with customers.

Legalization of prostitution is the basis for improving the position of sex workers. It is important for HIV and STD prevention because sex workers are given a better opportunity to negotiate safer sex. Legalization also allows measures to be taken at a policy-making level, which can help to make commercial sex safer. The interest of the State in permitting legalization is to check the spread of sexually transmitted diseases. Prostitutes must be monitored to prevent the spread of these afflictions. Therefore by legalizing prostitution, the Government can ensure that prostitutes do not spread these diseases because it allows the State to mandate the use of condoms and require regular testing by any man or woman employed as a prostitute 2) Legalization will help to control human rights abuses e.g. trafficking of humans: One of the arguments against legalization focuses on the association between prostitution and drug addiction, organized crime, trafficking and underage sex.

It is argued that to encourage prostitution, is to encourage those other undesirables; to crack down on prostitution is to discourage them. Criminalization forces prostitution into the underworld. Legalization would bring it into the open, where abuses such as trafficking and under-age prostitution can be more easily tackled. Brothels would develop reputations worth protecting. Access to health care would improve-an urgent need, given today's AIDS pandemic. Abuses such as child or forced prostitution should be treated as the crimes they are, and not discussed as though they were simply extreme forms of the sex trade, which is how opponents of prostitution and, recently, the governments of Britain and America have described them.

By legalizing prostitution, rules and regulations on the industry will be formulated and enforced, like any other business industry. This will enable human rights abuses to come to the light and be tackled effectively. As it stands now, the prostitution industry functions with complete anarchy, allowing such abuses to continue undeterred. Therefore legalizing it will help prevent underage prostitution through regulation. In this case, the government will have to set certain measures which will have to be followed i.e. setting the age which is suitable for women to become prostitutes.

If we allow prostitution to remain hidden from view and basically invisible to the law as it is today, we allow a number of teens to be swept up into prostitution every year. 3) It will help reduce the exploitation of the sex workers: Opponents of prostitution argue that the woman is being exploited. In a sense, every employer 'exploits' us, preying upon our hunger for money. Making prostitution different from other professions in this regard is a purely artificial construct.

Legalizing prostitution will enable both the customers and the prostitutes to work in a controlled environment that brings about safety for them. Making prostitution legal will allow the act to be managed instead of ignored. In this case, pimps and organized crime figures, who regularly treat their workers in an inhuman manner, would no longer control women. With legalization, the prostitutes will cease to be unnoticed and will have rights so as to reduce their exploitation. The sex workers will have the right to complain to the police and other authorities about abuses.

As it stands now, the illegality of prostitution means those in the industry fear authority and have no channel to make themselves heard. So, they continue to be abused and exploited. 4) Prostitution has and will always have demand: As prostitution is the oldest profession, it has and continues to have demand, and arguing that legalizing prostitution will increase demand is false, and neither will it reduce demand. Many argue that prostitution encourages rape and therefore should be prohibited. What nonsense: Men without sexual outlet are the danger. Sex is a natural, vital part of life.

Some men don't have a supply of women who are willing to partner with them for free. That's what the marketplace is for. Legalizing prostitution would prevent underground prostitution that occurs today. When men want to pay for sex, they find prostitutes. These people work in massage parlors, escort services, strip bars and modeling agencies or still work corners as traditional streetwalkers. The fundamentals of economics are based on this concept.

Where there is demand, and available resources, then supply will meet this demand. It is fruitless to criminalize prostitution as there will always be demand for sexual services. Prostitution exists, you do not have a choice whether you want it in your community or not. The only choice you have is in what form... legal or illegal. The "public good" provided by the legal brothel and prostitution industry as compared to the criminal enterprise of illegal prostitution that exists all across the world is significant. 5) Anti-prostitution laws and their enforcement tolerate, endorse, and perpetuate violence against and violation of prostitutes: Prostitutes are unlikely to report violent crimes committed against them and also unlikely to seek help.

Prostitutes know that they will be arrested for prostitution if they report crimes against them; know that neither the police, prosecutors, judges, nor even their own lawyers will believe them, thus don't report crimes against them. Anti-prostitution laws -- which both perpetuate and are perpetuated by social stigma against prostitution -- are responsible for the acceptance of crimes committed against prostitutes and the devaluation of prostitutes as persons. Because clients, police, and partners know this, they feel safe in stealing from, assaulting, sexually assaulting, torturing, raping, and even killing prostitutes. As the legal system, police, prosecutors, judges and society at large effectively regards prostitutes as non-persons -- less than slaves -- any crime against a prostitute is almost certainly ignored, tolerated, and even encouraged. This devaluation of prostitutes as non-persons is encouraged and promoted by anti-prostitution laws. 6) Legalization will increase Government revenue: Police personnel and courtrooms are overburdened with cases that have little or no impact on prostitution.

The prostitutes and their customers pay their fines and are back to the streets in no time in a revolving door process. Take for instance the recent case of university students arrested for prostitution on the streets of Nairobi. The girls were arrested and released upon paying the required fines. Legalization of prostitution is of potential benefit to the economy. This is because the country will be earning extra tax from prostitution.

If prostitution remains illegal, money will continue to change hands without government knowledge. Sex workers should be paying income tax, and their customers should be paying sales tax. The Government can use the funds raised to run health programs about HIV / AIDS and STDS for those working in the industry. ARGUMENTS AGAINST THE LEGALIZATION OF PROSTITUTION 1) Prostitution is not a free choice: The vast majority of prostitutes do not regard their work as something they choose to do. In fact, lack of choice is the major drive. Njoki Karuoya, (The Nation, 18th December 1999) found in her study of prostitutes in Majengo that 89% of them stated they wished to leave prostitution, but did not have any other options.

Many of them got into prostitution because of poverty. "There is a honeymoon period after the girls start when they think the money and everything is wonderful. But after a while they begin to hurt and they turned to alcohol and other drugs to stop the physical pain, and the great emptiness inside. After a while they may wise up to what's happened, but by then it's too late - they have a habit, and they " re trapped".

Three international surveys indicate between 60-90% of prostitutes have suffered prior sexual abuse. One prostitute said the previous sexual abuse made it easier to sell sex. "Prostituted women are often normalized to prostitution by their childhood of sexual abuse". Sandra Coney, Executive Director, Women's Health Action Trust. Legalizing prostitution and treating the industry like any other business neglects to understand the nature of prostitution and the inherent exploitation that occurs. The Prostitution Reform Bill aims to safeguard the human rights of sex workers, improve health and safety and reduce exploitation.

However, nowhere in the world have these aims been achieved through legalization, in fact legalization has worsened the situation. If prostitution is a free choice, why is it always those with the fewest alternatives that end up in prostitution? 2) Legalization will not improve health and safety: Research in Kenya shows that 95% of women prostitutes in Majengo are infected with HIV / AIDS. Karin Davis who has researched prostitution in Kenya says, "I have not yet met one happy, robust prostitute. All have been damaged. There is no other job outside of front-line police or ambulance work, or war, where one has to completely disassociate from oneself to do the task.

Most suffer post traumatic stress disorder as a result". If we view prostitution as violence against women, it makes no sense to legalize prostitution. Legalizing prostitution normalizes practices which are human rights violations, and which in any other context would be legally actionable such as sexual harassment, physical assault, rape, captivity, economic coercion, verbal abuse, and emotional damage. (Karin Davis et all, Associated Press, 8th Nov. 1997) Legal reforms have not reduced the violence experienced by prostitutes in paid sex work in other countries, nor have they reduced the other hazards of the prostitution profession.

Calls to register and tax prostitutes have been roundly dismissed on the basis of fears that it would encourage flesh peddling. (Kwamechetsi Makokha, The Nation, 20 October 2000) Kenya is one of the few countries where women walk the street freely despite prostitution being illegal. Unless the Kenyan government can raise the standard of living for the majority of Kenyans, the streetwalkers will continue to be there because their clients cannot afford the more affluent clubs and massage parlors. Raymond Miller, massage parlor owner in New Zealand for 30 years says: "It can confidently be predicted that decriminalization will at least double or treble those choosing to operate [as private operators] because the fear of prosecution is removed". Men pay a premium for sex without a condom. As market forces expand the size of the industry under legalization, more competition puts more pressure on prostitutes to forego a condom in order to secure the job.

Condoms are not 100% safe and do not protect women from gonorrhea, chlamydeous, genital herpes, or genital warts which are the main cause of cervical cancer. Because the sex industry will expand when legalized, an increased number of women will be affected by it. Legalization has not improved the conditions in which prostituted women are sexually exploited, according to Jocelyn Snow of the Prostitutes' Collective of Victoria (The Age, 28 Feb, 1999). The most compassionate way to help prostitutes is to deter as many women as possible from entering the industry and help as many as possible to leave.

3) Legalization will not reduce trafficking or clean up prostitution: There are 500 Thai women already working in prostitution in Auckland and police report that abuse of these workers is an on going problem. Based on overseas experience, legalization will be a welcome mat to traffickers. "The proliferation of Asian brothels [in Australia] has resulted in a huge supply of imported illegal labor which has resulted in undercutting of prices and unsafe sex practices". ("Brothel boom: the Asian connection", Sydney Morning Herald, 31 August 1999, p 1). A human rights survey, published in 2000, condemned lax prosecution laws in Australia, which led to an increase in trafficking of East Asian females for the Australian sex trade. The sex and drug trades go hand-in-hand.

This is partly because prostitutes use drugs to mask their physical and emotional pain, and partly because a brothel bedroom is the ideal place to do drug deals. If we legalize prostitution we can expect not only an increase in the size of the prostitution industry, but an accompanying expansion of drug abuse. Bob Harkness, the chairperson of Drug-Arm in Christchurch says that drugs and prostitution are inextricably linked. Bob is regularly working with street prostitutes in Christchurch and estimates that 75-80% are using drugs.

Australian estimates put the figure at 85%. Criminal control of the sex industry continues to be a problem in New South Wales despite legalization in 1995. In the year 2000 police reported 40 shootings in 3 months as part of a struggle between rival groups for control of prostitution. The New Zealand Police Association submission on the Bill stated that legalizing prostitution would simply legitimize the activities of criminals involved in overseeing and pimping. 4) Legalization will not reduce child prostitution: The majority of children start in prostitution because they have suffered sexual abuse, come from dysfunctional homes, or are there to support themselves and their families. A study found that two-thirds of street prostitutes began selling their bodies under the age of 18.

Girls as young as 9 are in prostitution. The Prostitution Reform Bill does not address these issues. In Kenya between 10,000 - 30,000 children under 18 are selling their bodies for sex. A 1999 United Nations Save the Children report found that Arusha, Dar-es-salaam and Singita, are the worst towns for child prostitution in Tanzania. Sex tourists are increasingly seeking children in these regions. Tanzania does not have laws against prostitution.

Dr Chu tiki, women's advisor to the Thai Prime Minister, told a 1995 United Nations Women's Conference that acceptance of adult prostitution in her country has caused rampant child prostitution. Dr Eileen Byrne, who worked in UN child protection for 20 years, said in 1991 that it is much harder to rescue child prostitutes in the European countries where the trade of prostitution is legal. She said "only when there was a hard crackdown on organized prostitution could we cut back the traffic in young boys and girls and get them out of the system. Public tolerance created increased traffic in the innocent and vulnerable".

And "we could not have acted to break the syndicate, discover and rescue the girls without the sanction of the illegality of prostitution". Joyce Umb ima, executive director of Kenya Alliance for Advancement of Children, reports a disturbing lack of responsiveness to the prostitution cases she reports to the police. This will not change under legalization. 5) Legalization does condone prostitution: Passing the Prostitution Reform Bill will be seen as giving approval to prostitution, normalizing the activity. "Legalization is actually institutionalizing, promoting and teaching the abuse of women and creating an ever expanding industry which normalizes that abuse". If prostitution is treated as any other business, girls will get the message that it is a career option and an acceptable way to make money.

By removing all legal restraints on the trade of prostitution - legalizing pimping, soliciting and brothel keeping, the government is creating ideal conditions for market forces to expand the industry, normalizing the inherent abuse. Legalization equals normalization. Legalizing sends the message that sex is an acceptable commodity for sale. Is this what we want to teach our children?

CONCLUSION From a de ontological perspective, the view that prostitution should be run like any other business is not defensible. Deontology focuses on rights of individuals, which are infringed by this industry. Therefore, from a de ontological perspective, prostitution should not be run like any other business as the industry serves to violate the rights of those working in it. It is a fact that prostitution cannot be abolished. It is also a fact that people are never going to totally agree on whether or not to legalize the prostitution industry.

Religious institutions oppose legalization based on moral grounds where as secular institutions look at it from a utilitarian perspective. Some countries like Netherlands, Singapore, Greece and New Zealand have gone ahead and successfully legalized the trade. They did this by establishing "red light districts" where the trade is restricted. They also put in place health regulations and guidelines that have to be followed. So far it seems to be working well in these countries. The advantage these countries have is that the per capita incomes are pretty high and majority of the prostitutes have other sources of income.

As business ethics students, and within the Kenyan context, prostitution cannot be legalized and operated as any other business. This is because the Kenyan government lacks the infrastructure to implement and regulate such policies. Also, the Kenyan people are conservative in nature and religious institutions play a big role in the country's political environment. Religion is firmly against prostitution, and therefore cannot allow its legalization. In Kenya, and most developing countries, prostitution is actually a socio-economic issue. Therefore relocating the trade to a certain geographical area may not solve the problem entirely.

It may actually work well for the affluent class of prostitutes as those found at bars and brothels throughout the country, but not for the prostitutes found in slum areas like Majengo. The main reason is that the clientele in Majengo earn so little that it would cost more to monitor and regulate them than any possible tax collection. If sex sells for as little as twenty shillings, then even the price of a condom becomes significant. A better alternative in this case may be to improve the livelihood of these sex workers.

Assuming they engage in this form of trade principally to make a living, an alternative way of income generation would most likely be welcome. This has been done to some extent by an NGO known as K-VOW RC (Kenya, Volunteer Women's Rescue Center) that deals with former sex workers. They offer loans to the former sex workers to start income generating projects such as small scale businesses. RECOMMENDATIONS Regardless of whether or not the Government recognizes the existence of this industry, it will continue to thrive.

Instead, the government can focus on trying to prevent new entrants into the industry. This can be done by education at all levels being accessible to all Kenyans despite their economic status. Education provides skills and knowledge which can be used to get a job outside the prostitution industry. The government's policy towards free primary education, is a good first step as children from all walks of life can attend school and gain an education which although minimal may serve as the difference between going into the prostitution industry or choosing a different direction in life. Gender empowerment can also help reduce the amount of new entrants. By giving the girl child choices, she will be able to decide on a path rather than being forced into prostitution.

Issues such as rape and child abuse should be properly handled to ensure that they don't lead to prostitution. The perpetrators of these crimes against children should be apprehended and given harsh sentences. If the girl child (or even boy) continues to be abused, then psychologically the child begins to think that the abuse is a normal way of life. In such a psychological state, it is easy to enter the prostitution industry, as sex and abuse is deemed to be a normal part of life.

The strengthening of the micro-finance industry can also help reduce the number of women (and increasingly men) who enter into prostitution. The prostitutes who enter the profession as a means of survival sometimes have no other option. But, if they have access to funds from micro-finance institutions, they may be able to start up small businesses to sustain their livelihood.

Bibliography

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The Age, 28th Feb. 1999 o Brothel Boom: The Asian Connection, Sydney.
Morning Herald, 31st Aug. 1999 o Liberator, Mark (Dec 21st 2004).
Legalized Prostitution: Regulating the Oldest Profession. Available at: web Laubenfels de, John (Aug 20th 2002).
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Sex is their Business. Available at: web id = 3151258 o Karuoya Njoki, The Nation, 18th Dec., 1999 o Davis Karin, Associated Press, 18th Nov.
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