Prostitution Industry

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 Latema 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 deontological 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 deontologist 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 deontologist 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