# Why is prostitution illegal? **URL:** \ **Category:** Great Debates\ **Created:** [January 12, 2012, 1:46pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275 "2012-01-12T13:46:39Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [January 12, 2012, 1:46pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/1 "2012-01-12T13:46:39Z")
To avoid a hijack in another thread I created this one to respond to [this post](http://boards.straightdope.com/sdmb/showthread.php?t=172963#22): > [@What's the deal with these 'escort' services?](https://boards.straightdope.com/t/whats-the-deal-with-these-escort-services/164520/22): > > Since we are on this subject can someone please tell me again why prostitution is illegal between two consenting adults? I have never used one, but I just don’t understand the rational for making it illegal. The streetwalkers, yep I see the point of them being a nuisance, but what is the problem with a call girl that is discreet and not an eyesore to the community? > > Yes, I know it’s been said a million times but legalize, tax and regulate them. Test them for disease and the danger level for them will decrease since they aren’t on the streets. As the old saying goes: “Why is it illegal to charge money for something you can give away for free?” There are two primary reasons: 1. Predominant social values reject behavior that threatens the family unit. This logic, of course, applies only to married johns. Also, of course, it doesn’t deal with adulterous sex without a cash quid pro quo. 2. Prostitutes are often exploited for a desperate need for money due to drug dependence, being of legal minority, or severe economic misfortune, or are virtually enslaved by pimps. This does not mean, of course, that all or even most prostitutes suffer this fate. I infer from the question that \*\*obbn \*\*thinks the reasoning is due to the eyesore factor, but that is secondary because people do not want their community to be associated with activity that is offensive or illegal based on the above two reasons. There is limited legal prostitution in brothels in Nevada but I don’t know how successful it has been, how the community reconciles it with their values, or what the law says about free-lancers, street prostitution, or prostitution using the escort service model in the same areas. And even if it is successful locally, you can see that it has not been embraced across the nation, or even across Nevada. I am not trying to make a case that it should or should not be legalized. I am trying to stick to a factual discussion since the question was posted in GQ, but I suppose that \*\*obbn \*\*is really heading for GD. ---
**Author:** ![One\_And\_Only\_Wanderers](https://avatars.discourse-cdn.com/v4/letter/o/838e76/32.png) [@One\_And\_Only\_Wanderers](https://boards.straightdope.com/u/One_And_Only_Wanderers)\ **Post date:** [January 12, 2012, 1:50pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/2 "2012-01-12T13:50:33Z")
Ultimately? Because it is socially unacceptable in the societies which make it illegal. Why is alcohol OK but marijuana not for instance? ---
**Author:** ![Laggard](https://avatars.discourse-cdn.com/v4/letter/l/9de053/32.png) [@Laggard](https://boards.straightdope.com/u/Laggard)\ **Post date:** [January 12, 2012, 1:52pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/3 "2012-01-12T13:52:14Z")
> [@One\_And\_Only\_Wanderers](#): > > Ultimately? Because it is socially unacceptable in the societies which make it illegal. Why is alcohol OK but marijuana not for instance? But why is it socially unacceptable in those countries? Why does society have a problem with it? ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [January 12, 2012, 2:02pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/4 "2012-01-12T14:02:03Z")
There’s the puritan and busybody aspect. People decide, based on religion or some other principle, that something should not be allowed. The overly righteous often take the attitude that if it is fun, it must be evil. Of course, if people cannot be persuaded to do the right thing, you can force them so that at least they are partly saved from a life of evil… Once they get their hands on the levers of power, they make sure the law confirms this. Then there’s the social argument. First, in the days before birth control, it was important that procreative activity be arranged so that someone, preferrably the parents, be responsible for feeding and raising the children. Second, nothing says murder, rampage and drunken fights like mixing drunk men and women who were open to all comers, so to speak. Guys will fight over women. Funny that. Finally, it tends to be the last resort of women with social problems, and/or a drain on the resources of men who should be putting their resources to more productive needs. (Much like gambling - think of the european aristocracy of the 1600’s and 1700’s who gambled away their inheritance.) It does not require strict morality to see that it is degrading to women. It’s not like you can write a law that says classy call girls are Ok but no snaggle-toothed crack whores taking on all customers, please… ---
**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\ **Post date:** [January 12, 2012, 2:14pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/5 "2012-01-12T14:14:19Z")
I always thought the legal lingo surrounding prostitution is delightfully antique: for instance, a woman charged with soliciting is known as a “common nightwalker”. A whorehouse is known as “a house of ill repute”. And pimps are charged with “deriving income from the earnings of a prostitute”. Frankly, sex ought to be legalized (consenting adults), and such “houses of ill repute” be licensed. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [January 12, 2012, 2:25pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/6 "2012-01-12T14:25:01Z")
Take any proposition to make something illegal or keep it illegal. If enough people make enough noise it will be made illegal or kept illegal, even if the majority of the population don’t agree, because most people can’t be bothered to make politicians act in their interests. So in Australia most people support voluntary euthanasia, government support… nil. No one seems to care about about gay marriage and the government gets actively involved to prevent it. People never want to join in America’s **War of the Day** but the government just goes along. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [January 12, 2012, 2:31pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/7 "2012-01-12T14:31:24Z")
I meant to say at the end of my post that, many years ago, prostitution (in legal brothels) was made legal. There was a flurry of outrage but now no-one cares, the big corporates advertise everywhere, including the daily press. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [January 12, 2012, 2:33pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/8 "2012-01-12T14:33:11Z")
Do you mean in the US? Because [in much of the world it is legal.](http://en.wikipedia.org/wiki/Prostitution#Legality) As for why it’s illegal in the US, I think that’s more of a GD topic than a GQ one. ---
**Author:** ![robinson](https://avatars.discourse-cdn.com/v4/letter/r/848f3c/32.png) [@robinson](https://boards.straightdope.com/u/robinson)\ **Post date:** [January 12, 2012, 3:11pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/9 "2012-01-12T15:11:33Z")
> [@ralph124c](#): > > . . . > Frankly, sex ought to be legalized (consenting adults), and such “houses of ill repute” be licensed. Where it is legal, it is licensed (Nevada, local option by county). The best example was the system run by Pershing in WWI that featured protection for the ladies and regular medical exams. ---
**Author:** ![Tim\_R.Mortiss](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tim_r.mortiss/32/142_2.png) [@Tim\_R.Mortiss](https://boards.straightdope.com/u/Tim_R.Mortiss)\ **Post date:** [January 12, 2012, 3:47pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/10 "2012-01-12T15:47:49Z")
I think the original reason for it being illegal was the exploitation factor: young ladies being exploited by big bad pimps. The reason it \*stays \*illegal is that no politician wants to go on record as being in favor of legalizing it. Same goes for pot. All this is just my opinion, of course. ---
**Author:** ![SGT42](https://avatars.discourse-cdn.com/v4/letter/s/b9e5f3/32.png) [@SGT42](https://boards.straightdope.com/u/SGT42)\ **Post date:** [January 12, 2012, 3:56pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/11 "2012-01-12T15:56:53Z")
> [@Tim\_R.Mortiss](#): > > I think the original reason for it being illegal was the exploitation factor: young ladies being exploited by big bad pimps. > > The reason it \*stays \*illegal is that no politician wants to go on record as being in favor of legalizing it. Same goes for pot. > > All this is just my opinion, of course. In Brazil, prostitution is legal. Exploration of prostitution is illegal. A pimp is a felon. ---
**Author:** ![Iggins](https://avatars.discourse-cdn.com/v4/letter/i/b9e5f3/32.png) [@Iggins](https://boards.straightdope.com/u/Iggins)\ **Post date:** [January 12, 2012, 4:02pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/12 "2012-01-12T16:02:22Z")
> [@SGT42](#): > > In Brazil, prostitution is legal. Exploration of prostitution is illegal. A pimp is a felon. Did you mean “_exploitation_ of prostitution”? ---
**Author:** ![Vicullum](https://avatars.discourse-cdn.com/v4/letter/v/6de8d8/32.png) [@Vicullum](https://boards.straightdope.com/u/Vicullum)\ **Post date:** [January 12, 2012, 4:18pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/13 "2012-01-12T16:18:16Z")
> [@Tim\_R.Mortiss](#): > > The reason it \*stays \*illegal is that no politician wants to go on record as being in favor of legalizing it. Same goes for pot. I think this is it in a nutshell. There’s no good reason for the practice to stay illegal but no one wants to stick their neck out and risk alienating voters. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 12, 2012, 4:27pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/14 "2012-01-12T16:27:05Z")
I find it interesting that if I give a woman $20 for sex that a crime but if I spend $50 on dinner and a movie for sex, it’s not. Plus a woman can get an abortion because it is her body, a couple can use contraception or sodomize each other because of the right of privacy but she can’t rent her vagina out for an hour. ---
**Author:** ![Scumpup](https://avatars.discourse-cdn.com/v4/letter/s/ce73a5/32.png) [@Scumpup](https://boards.straightdope.com/u/Scumpup)\ **Post date:** [January 12, 2012, 4:38pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/15 "2012-01-12T16:38:23Z")
Many years ago, one of my sociology or history professors claimed that prostitution being stigmatized/illegal was primarily driven by women. She claimed that in male dominated society, sex is one of the very few bargaining chips that women have and that, typically, that chip is bartered for financial and social security through marriage. Prostitution, by making sex easily and (relatively) cheaply available devalued that chip. Thus, it is women who are most stridently against prostitution legalized or otherwise. ---
**Author:** ![Great\_Antibob](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Great\_Antibob](https://boards.straightdope.com/u/Great_Antibob)\ **Post date:** [January 12, 2012, 4:52pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/16 "2012-01-12T16:52:42Z")
> [@Saint\_Cad](#): > > I find it interesting that if I give a woman $20 for sex that a crime but if I spend $50 on dinner and a movie for sex, it’s not. Well, if a prostitute takes your money and refuses sex, she is failing in her contractual obligation to provide sexual services for money. If your date opts NOT to engage in consensual sex after dinner and a movie, she has not broken any contractual obligation or done anything wrong, even if you are left sexually frustrated. While you might expect sex in a social dating scenario, there’s no direct exchange of funds for sexual favor - which is the part that tends to be illegal. If I donate publicly money to a politician hoping for advancement of a bill favoring Widgets ™, but the politician does no work on it, nothing wrong has happened. If I bribe a politician under the table to take certain political positions, which he then takes despite his own inclinations, that’s clearly a problem. Not sure how this is interesting at all. ---
**Author:** ![brocks](https://avatars.discourse-cdn.com/v4/letter/b/7feea3/32.png) [@brocks](https://boards.straightdope.com/u/brocks)\ **Post date:** [January 12, 2012, 5:45pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/17 "2012-01-12T17:45:53Z")
> [@Saint\_Cad](#): > > I find it interesting that if I give a woman $20 for sex that a crime but if I spend $50 on dinner and a movie for sex, it’s not. Or, if you give her $20 for sex and film it, it’s not illegal prostitution, it’s legal porn, assuming everyone is adult and human. ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [January 12, 2012, 5:54pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/18 "2012-01-12T17:54:20Z")
Don’t forget the public health issue. Prostitutes, who have sex with lots and lots of people, have been vectors for sexually transmitted diseases. Of course this could be mitigated nowadays by requiring condom use and regular testing, but it’s certainly a reason why, historically, prostitution has been seen as a public nuisance. (Then inertia takes over: it’s hard to legalize something that’s been illegal without making it look like you’re publicly endorsing it.) ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 12, 2012, 6:52pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/19 "2012-01-12T18:52:42Z")
> [@Thudlow\_Boink](#): > > Don’t forget the public health issue. Prostitutes, who have sex with lots and lots of people, have been vectors for sexually transmitted diseases. As opposed to people who have lots and lots of sex for free? ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 12, 2012, 7:05pm UTC](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275/20 "2012-01-12T19:05:00Z")
This is really better suited to GD than GQ. Colibri General Questions Moderator [Next page](https://boards.straightdope.com/t/why-is-prostitution-illegal/609275.md?page=2)