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State and Prostitution - Prohibition, Regulation, or Decriminalization? (From Historical Approaches to Studying Crime - Workshop Papers, 1979)

NCJ Number
91585
Author(s)
M S Gibson
Date Published
Unknown
Length
31 pages
Annotation
Using examples primarily from 19th-century Italy, this study analyzes the nature and consequences of the following official policies toward prostitution: prohibition, regulation, and decriminalization.
Abstract
For each policy, three issues are examined: (1) the definition of prostitution and whether it is considered a crime, (2) what proponents believe to be the proper attitude of the state toward prostitution, and (3) the major practical problems in the enforcement of the policy. An historic analysis of prohibition and regulation policies toward prostitution reveals similar problems of enforcement for both policies: costliness, ineffectiveness, and corruption. Further, prohibitionist and regulationist laws punish only the woman while accepting the cooperating behavior of males as normal and nonthreatening. Although regulationists claim to replace the repression of prohibition with scientific and rational control, registered prostitutes are still severely restricted by law and are labeled as deviant. Only decriminalization offers equality, protection of civil rights, and freedom of choice to prostitutes. Decriminalization of soliciting should accompany the decriminalization of prostitution or else the arrest of solicitors would hold the same potential for abuse as under laws of prohibition and regulation. Further, repeal of laws against renting to prostitutes would decrease reliance of prostitutes on pimps. Finally, improved dissemination of information about the causes and cure of venereal disease would improve health more effectively than the controlling of prostitutes only. Nineteen references are provided.