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this post was submitted on 08 Nov 2023
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Why is sex work even illegal in the first place.
Selling is legal, fucking is legal, why isn't selling fucking legal?
-- George Carlin
Seas he also the fella that said “Getting paid for sex is illegal… UNLESS YOU RECORD IT!”
For years I've contemplated the idea if I came into a bunch of money if starting a porn studio where the customer is an actor/actress in the porn.
We have a building and several "sets" with cameras recording, customer picks their "partner" and "set" and "shoot the porn", after they are done the video is burned on to a dvd(or blue ray or potentially put on a private file server).
The customer isn't paying for sex, they are paying for the video.
Pretty sure it would have a ton of legal push back and I would need a lot of money for the lawyers to fight the cases.
But 1. Safer for everyone imvolved(it's video taped so you won't beat/hurt/kill the other party) 2.technically legal just like shooting porn
This is actually a great idea for couples! The issue of course would be to make sure that the couples are actual couples.
You could have them sign a release indicating that it's a "photo studio", and you can have different prices: one for commercial use ($5,000 per hour) and one for private use ($100 an hour, and you're not allowed to commercially distribute the DVD.)
Think there is a big group of customers for sex who want it captured on video?
Not to mention the possible tie ins...imagine if the studio partnered with onlyfans... Or offered special spaces with live streaming(with permission) to people's Webcam sites.
"remember to join the stream this Saturday where we will be on location in the pleasure dome's sunset beach set for a special sex on the beach adventure"
They get the only copy... I don't care if the watch it, post it online or just it for skeet shooting with a shotgun.
You could burn it to a dvd or whatever, delete the file, and give the customer the only copy. Whether they choose to keep it or destroy it is their own choice.
The underlying assumption is the same as in abortion: that women can't be entrusted with agency over their own bodies.
Because one of the biggest issues with sex work, human trafficking, gets worse with legalization. Studies across Europe have shown that countries that outlaw prostitution see a decrease in human trafficking victims while countries that legalized or decriminalized it see an increase.
Unlike with drugs, you don't just create a way to increase the supply. A very small minority of women actually want to engage in sex work. And the few who do, usually envision the high class escort lifestyle. But working in a brothel charging $100 per client isn't something many want to do.
But legalizing prostitution increases demand. Which makes it more profitable for criminals to utilize human trafficking to fill that demand.
https://orgs.law.harvard.edu/lids/2014/06/12/does-legalized-prostitution-increase-human-trafficking/
One source of it.
It also doesn't help at all with protecting victims of human trafficking. Victims of human trafficking are already protected. But they don't step forward because of threats against their own well being and that of their families. Something that doesn't change just because their work technically is legal now.
Which leaves a small percentage of people who fall into financial hardship and consider prostitution as a method of overcoming said hardship. For them that might slightly improve their situation. But that still means exploiting vulnerable people and isn't people engaging in sex work because they want to. And it's even questionable if people in these scenarios would follow the legal way.
So while initially it might seem like legalizing it solves a lot of issues, it is more difficult than that.
Us laws regarding sex work are firmly based in puritanical values not out of any concern whatsoever regarding trafficking.
I reckon that even though sex work is legalised, and still caused issues, the problem is that there is no government regulation. It's one thing to say by the government that they won't prosecute sex workers, but if it's not regulated and abuse still happens then nothing changed for all intents and purposes. Best analogy I could think of is like allowing food factories to manufacture food, of course. But if there is no regulatory watchdog to monitor and test to make sure food factories are not putting random and dangerous stuff into food, then legalising an activity is pointless.
Basically, the sex industry having been legalised by many countries is unofficially a libertarian set up. Yeah, the government exists and allow sexual transactions between agreeing parties, but they're hands off on how the practitioners in the industry would conduct business. There is no government agency for sex workers to complain to if they're abused. I know people would ask, how exactly would the government regulate sex? That, I will leave to policy experts.
Edit: wording
Thanks for the data. I think the issue here is not that legal prostitution creates problems, but rather the government bodies being incompetent at protecting the victims, then.
There are other industries in which people "sell their bodies" for profit (the military and construction come to mind), and if those can be quite regulated, why can't prostitution?
We all sell our bodies for profit. To be fair though, wage theft is the most common form of theft. We're all prostitutes and we're almost all being taken advantage of, and we're in a system where we can't really get out.
My guess is that it's just more difficult to control prostitution than it is to control construction work. Construction happens in the open, you need to get tons of permits, multiple companies are involved, inspectors check everything regularly. It would be difficult to force some people to work on a construction site without anyone realizing. But how are you going to make sure that each sexual intercourse in some strip bar is 'legal'? Are you going to put inspectors in bathroom stalls? How can you check every cash transaction? It's pretty much impossible. You can monitor the sex work that's advertised and happening 'in the open' but there will always be some grey and black market for it. And the ugly stuff will happen there.
I see this single study trotted out every time the subject comes up and the key factor to take into account is that this is reported trafficking. If legalized sex work means more light is shed on human trafficking that means more can be done about it.
Yes, because legalizing sex work is just criminalizing sex work with extra steps. It's very easy to see an (alleged) "rise in sex trafficking" when the legalization shuffle allows politicians to all of a sudden decide what is "allowed" sex work and what is "sex trafficking."
This is why shitty studies like the one you linked is so thoroughly non-credible - it was performed without the input of the people who actually know what they are talking about - ie, sex workers themselves.
What the fuck are you talking about?
So what's the solution?? You just made random assertions without any sources and didn't suggest any alternatives. All while skimming over the very real trafficking/coersion problems unique to sex work.
I was totally onboard with them but the longer they talk the weirder the takes get.
Puritan values.
My bet is on America's conservative puritan history where anything good is bad.
Also sex trafficking. At least that's the argument for keeping it illegal. :(
I believe the reason sex trafficking happens is because sex work is illegal.
Which is bollocks anyways because illegalization actually makes things less safe for all sex workers, but especially for trafficking victims who are now legally marginalized into dark number status
Old white men elected themselves under the guise of voting (gerrymandering who?) and are too embarrassed and confused to allow women the rights they have as humans. Isn't democracy silly.
I'd say the diagram of "Why is sex work illegal" and "Why is abortion illegal" is almost a perfect circle.
It's about contolling other peoples' bodies and weakening the separation of church and state.
Sex work differs from most other type of work in one very significant way - it's an industry in which capitalists cannot really control the means of production unless slavery (ie, a person can become the private property of another) is legalized and institutionalized. In other words, a sex worker - for the most part - is not as easily coerced into selling their labor to capitalists like most workers can be, and capitalists hate when people have a way to opt out of being hosts for their parasitism.
Sex work also has a way of subverting patriarchal norms upon which the status quo rests.
This is not to say that sex work is automatically a revolutionary, anti-capitalist or even "empowering" thing by itself - there are plenty of ways in which our socio-economic systems allows and enables de facto slavery without calling it slavery - but it certainly doesn't fit into the neat class hierarchy that capitalists wants society to be trapped within.
You're reading too much into it. The primary reason is puritan values. To be fair, the taboo on promiscuity is likely due to the lack of contraceptives and risks of getting sexually transmitted diseases. But access to contraceptives and education would lessen the risks these days. Though people are still creatures of habits so sex and sex work are still taboo for many without questioning why it has been in the first place.
No, I'm not... in fact, I'm not even scratching the surface.
cough, what? No, it reinforces those norms. Men in power get to have women at their beck and call.
This isn't a capitalist thing. Just look at how profitable the sex industry is in Nevada.
It's a "holier than thou" thing that we just haven't been able to get rid of in our society.
As much as I like calling out greed for what it is, this simply isn't one of those cases.
Wait till you learn that you can be self employed outside of sex work.
For the most parts its just christian morality still ingrained in our society.
AFAIK, it's not federally illegal, but mostly every state bans it. As how Nevada can have prostitution.
You're correct, it is not federally illegal in the US. Most things aren't. Murder isn't, either. However, traveling across state lines with a prostitute has gotten people in trouble with the federal government before.