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History and Debate of Legalized Prostitution

Prostitution is defined as the act of providing sexual services to a person in exchange for money,
goods or other services. Worldwide, this practice produces over $100 billion in revenue annually.
Prostitution practices vary greatly from country to country. Prostitution is legal in some countries;
however, prostitution is considered so serious a crime that it is punishable by death in other
countries. Currently, prostitution is illegal in the United States with the exception of a few small
jurisdictions in Nevada. Some believe that legalizing this industry would bring many benefits, while
others have identified many negatives of legalized prostitution.

Arguments in Favor of the Legalized Prostitution Debate


Proponents for the legalization of prostitution generally believe that, since prostitution is a
harmless act, it should not, by definition, be considered a crime. Many believe that criminalizing
prostitution only exacerbates the spread of diseases, and if the practice were legal, it would
encourage cleaner working conditions and better STD testing for prostitutes. Those who support
legalization also believe that there is nothing immoral about sex, and since it is freely dispensed,
there is no harm in charging for it. Many also believe that criminalizing the industry only brings
discrimination and poor working conditions for sex providers and purchasers. Current laws do not
stop prostitutes from selling sex, but seems only to make them more prone to violent acts while
working. Many also think that if women could legally participate on their own free will, the
likelihood of underage prostitution and sex slaves would decrease.

Arguments Opposed to the Legalized Prostitution Debate


Proponents opposed to the legalized prostitution debate believe that prostitution is simply immoral
and should be considered a crime. They also believe that legalizing prostitution would increase the
spread of disease, stating that it takes several weeks to get the results from STD tests allowing an
infected prostitute to continue infecting her clients. Many also believe that since most sex workers
are female, the practice is demeaning to women and enhances the changes of rape and violence.
Some go so far as defining prostitution as a type of rape, since it turns a woman into an object for a
man's use. Others state that prostitution increases the involvement of sexual predators and the
use of minors as sex slaves.

Prostitution should be legalised to protect sex workers from


HIV/AIDS
For decades, AIDS has afflicted and killed millions of people worldwide. In 2007, it was estimated that
33 million people had the disease and 2 million died from it. Fortunately in the last 10-15 years there

have been great developments in the treatment and prevention of AIDS, mainly through the
development of new drugs and promotion of contraception and safe sex methods in world. However,
one group of people who do not receive any protection are sex workers in countries where what they
are doing is illegal. There is no regulation or enforcement of safe practices in the sex industry. We
propose that all nations with AIDS concerns legalise the sex industry and introduce regulations to
make sure that sex workers use safe practices, provide a registration system for sex workers and
provide condoms for registered establishments, we further propose that these states look at ways to
reduce the social stigma around this work as a way to battle the spread of
HIV/AIDS.--------------------------------------------------------------------Opposition
Introduction----------------------------------------------------------As indicated by the motion, the crux of the
debate is under which legal paradigm are sex workers best protected from HIV infection. Opposition
wants the continued prohibition of prostitution and in addition educational campaigns to eradicate
misconceptions about the disease that render society vulnerable. Prop on the other hand wants to
legalize prostitution as a way of protecting them from HIV. As we pointed out in our first refutation,
there is no correlation between the legal status of prostitution and the HIV prevalence in a country as
we have states like Russia where it is illegal and you have less than 1% prevalence and others where
it is legal eg Mozambique but they have 16% prevalence. What makes the difference is the level of a
societies education about the nature of HIV, how it is spread and how to protect oneself.

All the Yes points


1.
2.
3.
4.
5.
6.
7.

Prohibition Doesn't Work.


Everyone has AIDS. AIDS, AIDS, AIDS.
Changing Social Stigma and flow on benefits.
Prostitutes will be safer under legalisation
The Market solves all:
Legalisation Can Be A Part of a Wider Education Program
Proposition Summary

All the No points


1.
2.
3.
4.

Proposal will exacerbate the HIV problem


Costs of the proposal outweigh the benefits
Detrimental to womens rights
Summary

Prostitution should be legalised to protect sex workers from HIV/AIDS


Yes because...

Prohibition Doesn't Work.


Banning prostitution doesnt stop people from wanting sex, and plenty of people are still willing to pay
for it. This means that there is significant demand for prostitutes, even in places where AIDS is
prevalent. In fact, people with HIV and AIDS and Africa are less likely to be able to have sex in a
regular setting, so are more likely to turn to prostitutes. In addition, countries with high rates of AIDS
and HIV are most often poor countries with high unemployment and very low GDP
[[http://www.hartford-hwp.com/archives/28/069.html]], meaning there are a lot of women in desperate

situations who need money, usually so desperate that obeying the law (especially in places where law
enforcement is often corrupt and under-funded) doesnt matter very much compared to making a
living. These two factors mean that prostitution is going to happen whether it is nominally illegal or not.
Evidence of this can be seen in the estimated 40,000 prostitutes who entered South Africa for the
Soccer World Cup [[http://www.csmonitor.com/World/Africa/2010/0512/Prostitutes-flock-to-SouthAfrica-ahead-of-World-Cup-2010]].
All prohibition actually does is prevent any effective regulation. If prostitution is legalised,
Governments can impose regulations such as compulsory use of condoms (which could also be
provided by Government), regular blood testing to see if prostitutes have HIV, and general
enforcement of safe sex practices. If prostitution is illegal, then there must be a denial of the existence
of any brothels or prostitutes, as if they exist and are illegal it becomes the Government's
responsibility to get rid of them rather than ensure they are being safe.
Having these sorts of regulations also creates a type of self-regulation. The brothels and prostitutes
that are being safe will have a direct incentive to report ones that aren't, as this removes competition
and will help build their reputation as a safe option. If prostitution is illegal, then no-one will report
anything.

No because...
It is contradictory for prop to say on one hand, "especially in places where law enforcement is often
corrupt and under-funded" and simultaneously say that all the regulations they are putting in place will
indeed work. If it is true you cannot stop people from being prostitutes now, whatever their HIV status,
how will you stop those that refuse to comply with your regulations. If they are as poor and desperate
as they say even the ones with HIV will continue to want to work.
Prop correctly points out that, "countries with high rates of AIDS and HIV are most often poor
countries with high unemployment and very low GDP." The reason that they have such high rates of
infection is not that some how banning prostitution leads to higher HIV rates. If this where true, then
all countries which ban prostitution eg Sweden, Russia[1]) should have significantly higher prevalence
rates than those who do as they propose eg. Cte d'Ivoire & Senegal[1]. This is not the case.[2] What
causes such high rates of infection is ignorance or mis-education about HIV and the way it is
transmitted. This is more pervasive in countries with poor education systems & high levels of illiteracy.
Many people believe ridiculous things about HIV[3][4][5]. Like the belief that the withdrawal method is
effective in preventing HIV infection. Education is the only way to solve this, not legitimizing a a crime
which brutalizes women.
It is logical to believe that the instinct of self preservation (the one that drove her to prostitution over
starving in the first place) will lead to prostitutes using condoms. Many currently do. Those who do not
are ignorant of the dangers and how to protect themselves. This is what needs to change.
[1]-http://goo.gl/HCgr
[2]-http://goo.gl/jrMN
[3]-http://goo.gl/TEMd
[4]-http://goo.gl/rKu1
[5]-http://goo.gl/tnsP

Prostitution should be legalised to protect sex workers from HIV/AIDS


Yes because...

Everyone has AIDS. AIDS, AIDS, AIDS.


As weve mentioned in our previous point, prostitution will take place whether it is legal or not. We
believe prostitution should be legal. By regulating brothels and the conditions for prostitution through
regular health checks, condoms et cetera, we can make sure prostitutes are safe from HIV.
In places where prostitution is illegal, it is merely driven underground; controlled by cartels and gangs.
In this situation prostitutes live under no rights[[http://bjc.oxfordjournals.org/content/47/3/515.full]]
Moreover they tend to be associated with drugs, they are hooked by dealers who force them into
prostitution to fund thri habit, through multiple sexual partners and needle sharing there is significant
risks of HIV.[[http://findarticles.com/p/articles/mi_m2372/is_4_35/ai_53390350/]].
If a sex worker contracts AIDS, a man or woman client using them will be at risk of contracting the
virus, they then run the risk of not knowing that they have it, infecting other sexual partners and the
cycle continues. Also let us not forget future children who contract the disease while in the uterus.
So it is in countries where prostitution is illegal where we cant keep sex workers safe from AIDS. In
these countries prostitutes arent even allowed to be prostitutes. They tend to enter the profession
because they have no other way of earning money or they may be forced to do it.
On the other hand, if prostitution is legal and regulations are put in place, sex workers will be safer
from STIs and HIV/AIDS. Regular health checks will pick up any possible infections and there will be
laws to protect the well-being of sex workers. Whats more, these laws will not only protect sex
workers, but their clients too. Making prostitution legal will improve the work conditions of people who
have to go into prostitution for one reason or another and will protect society from a further spreading
of HIV/AIDS. This is a signifcant benefit to greater society and individual workers and cl

No because...
Prop seem to believe that they have just invented "high class escorts", which is essentially what their
proposal seeks to do. In every country in the world one can always access disease free prostitutes
who conduct their business in a safe environment, and who are not abused by their employers. You
just have to pay a lot for these prostitutes, the same as props mechanism, if a brothel is gang run and
does not wish to comply to props expensive requirements, then they will employ the HIV+ prostitutes
who are not protected by props model. The people in status quo who visit the types of brothels prop is
targeting, will not be able to afford the disease free prostitutes (otherwise they would do so in status
quo) so they will still go to the HIV+ prostitutes. And there will probably be more prostitutes in the
community because prop has declared the business legitimate, so poor women who were deterred
from prostitution by the law now consider it an option, and seeing as these are countries where law
enforcement is poor, this means more women being exposed to STD's. Why? Well, let's consider that
South Africa has the largest antiretroviral therapy programme in the world (1), the government
distributes free condoms at public toilets and clinics/hospitals across the nation. Yet there is still a
problem with people having unprotected sex, even with prostitutes, the reason is not a lack of
condoms, it's a reluctance to use them. Hence, prop does not fix the problem, but rather exacerbates
it, under status quo cultural programming makes people feel as if sex with a condom is unnatural, so
people will pay more to have intercourse without a condom. If this is already happening under status
quo, it will only worsen once you create more prostitutes with your endorsement of prostitution, and
they will still have sex without condoms because they are still as desperate for money, particularly
those who are already HIV+.

(1) http://www.avert.org/aidssouthafrica.htm

Prostitution should be legalised to protect sex workers from HIV/AIDS


Yes because...

Changing Social Stigma and flow on benefits.


The social stigma towards AIDS means noone wants it, indeed Ban Ki Moon suggests that stigma is
the reason sex workers are reluctant to go and seek treatment [[http://www.avert.org/hiv-aidsstigma.htm]]
This negative stigma needs to change to battle AIDS in the sex industry. Strategies like in Brazil and
Kenya introduced campaigns to reduce stigma and help sex workers feel good about their jobs to and
to take care of their sexual health, leading to positive benefits for AIDS checks and condom use;
Thailands 100% condom strategy led to a sharp decrease in HIV cases within the industry.
[[http://www.avert.org/sex-workers.htm]]
Our model is similar and will benefit all stakeholders
There are many benefits to why we should adopt our policy and how changing the social stigma of
AIDS will effectively remove it from the legalised sex-industry.
Government:
Identifying AIDS victims early, through compulsory testing, this means quick reaction to the diagnoses,
offering treatment options swiftly and having the worker removed from the position which would lead
to the infection of more people.
Business:
A Business is not going to want to hire a worker who will contract HIV to their customers, this is just
bad business. A business needs to compete in a market and they need to supply a service of high
quality. This doesnt work if your company is branded as selling unsafe products which kill customers.
Customers:
They get the benefit of paying for a service which they want and are ready to pay for. With a much
lower chance of contracting a nasty STD and get all the pleasure they can pay for.
Sex-Workers: Not having AIDS, being able to be getting treatment swiftly and not feeling the social
pressure to not reveal profession to public.
Many Benefits, no harms, tried tested and successful, this policy is beneficial to all stakeholders.

No because...
Again prop contradicts themselves. They say that there is a very strong social stigma against HIV &
HIV patients (which we agree happens, and in many cases sufferers are rejected by their families and
have to fend for themselves). This stigma leads to the prostitutes not wanting to be tested and seek
treatment in SQ (status quo) in fear that their status will become public. Then they turn around and tell
us that these same prostitutes in these stigmatic societies will accept govt mandated health checks?
Many prostitutes will not accept this and continue to operate underground.
To add insult to their self inflicted injury they cite the example of Kenya where they say, "Kenya
introduced campaigns to reduce stigma and help sex workers feel good about their jobs to and to take
care of their sexual health, leading to positive benefits for AIDS checks and condom use." They

neglect that prostitution is totally illegal in Kenya[1] and this "campaign" did not even attempt to
legalize it but rather to change societal misconceptions about HIV which is our counter model and
they agree has been effective in helping solve the problem cited in the motion.
[1]-http://goo.gl/yiQX

Prostitution should be legalised to protect sex workers from HIV/AIDS


Yes because...

Prostitutes will be safer under legalisation


As we have shown, prostitution will always exist whether it is legal or not. Therefore, we need to look
at whether prostitutes will be safer with legalisation. They most definitely will be.
It is important that prostitutes and safe and free from harm. There are many reasons why women go
into prostitution. Often it is due to financial desperation and/or children commitments. These women
are in a very vulnerable position and it is very important that we ensure they are as safe and healthy
as can be. Prostitutes are subject to gangs, violence, drugs and rape. Prostitutes are often forced to
take drugs by the gangs who employ (or own) them so as to make them addicted. This means they
have no way to escape.[[http://www.un.org/rights/dpi1772e.htm]] There is also no regulation, which
means prostitutes are subject to unprotected sex and rape from countless people, which means they
invariably become infected with AIDS and other sexually transmitted
diseases[[http://www.caps.ucsf.edu/pubs/FS/revsexworkers.php]].
When the market is legalised, it is no longer controlled by gangs. This is because legal businesses
operate the industry instead. This is better for prostitutes as they no longer suffer the horrific abuses
that they face under a system of illegal prostitution. This is because legal businesses face regulation.
They are required by law to ensure that contraception is used by their employees. They are also
required to ensure that their employees are healthy by directing them to appropriate medical
treatment when it is necessary.
When legal its easier to monitor. This is because the government knows how many prostitutes there
are, where they are located, and what issues are affecting the industry. This is beneficial as the
government can better plan appropriate health and social policies.
Prostitutes are legitimate stakeholders that need protection. Under our model, we better protect
prostitutes. They are safer, they are healthier, and they are happier

No because...
We agree with prop that women often turn to prostitution due to financial desperation and/or children
commitments. These incentives will still exist even if they are caught to be infected and banned from
practicing. As is the case now, they will have no choice but to break the law and continue prostituting.
Because the "legitimate" brothels will be subject to regulation and taxes - which means significantly
higher costs - illicit brothels can under price then in order to compete. This will be very effective in
countries with low incomes. A parallel example is how tobacco tax spurs

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