I can't but wonder what Americans (on both sides of this issue) think of countries like Canada where prostitution is legal. Our laws regarding prostitution are generally designed with specific intent, and none of them outlaw the deed itself.
1) It is illegal to profit from prostitution. This is generally interpreted to mean that it's illegal for individuals other than the prostitute to profit from prostitution, and is intended to comb at pimping and organized crime. Interestingly, this leads to contract services having to set things up in such a way that they act as 'facilitators' rather than employers, and set up introductions for a flat fee. The escorts themselves work as independent contractors and negotiate their own rates.
2) It is illegal to buy or sell any sexual services involving a minor. No brainer.
3) It is illegal to solicit publically for prostitution. Note that this doesn't apply to publications, which are deemed a private means of communication from a legal standpoint (since the reader has to make a conscious choice to buy and read said publication).
4) It is illegal to have sex in a public place. This one doesn't relate strictly to prostitution, but I've included it because both it and the above law when applied to prostitution are designed with the same intent; to combat the 'public nuisance' aspect of prostitution. These both tend to be complaint-driven laws, so if you solicit in an area where nobody cares and have sex in a reasonably secluded area, there's no problem.
5) 'Bawdy houses' are illegal. This has been a standing law since the mid 19th century and is the only one on the list that has no clear rationale behind it. A bawdy house is defined as an establishment set up and employing one or more individuals expressly for the purpose of prostitution. Interstingly, this law and the second law are causing controversy, since sex worker advocates claim that they make the trade more dangerous. In light of the case of Robert Pickton, who was recently convicted of killing six women, and stands accused of killing twenty (!) more, it would seem that reforms in sex law may be necessary to help ensure the safety of these women.
I'm just curious to know if we have anyone here who is in favour of making prostitution illegal and if so, what their take on a system like this is.
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Originally Posted by sprocket
Lets face it, a hooker is going to get a disease eventually, no matter what the precautions... are they just going to stop hooking? No, they'll just generally go black market.
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This may be true, but I think the US system adequately shows that there's going to be a black market for prostitution regardless. Wouldn't it be better, then, to provide a legitimate market for consumers, so that they can be protected? Also, the women in the black market (as well as those they often work for) will find it much more difficult to ply their trade when there's a legitmate market offering the same service with no repercussions and a set of standards in place. The Canadian sex industry does not, so far as I know, enforce any industry-wide standards, but even with workers going through escort services there's a more regulated industry (since the service providers themselves will in theory be required to enforce some standards in order to stay in business).
Further reading.
More further reading.
Further reading regarding the Robert William Pickton murder trials.