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Decriminalization of Prostitution - A Position Paper

NCJ Number
90296
Date Published
1980
Length
7 pages
Annotation
Prostitution should be decriminalized by repealing the laws against pimping, renting a premises, running a disorderly house, serving alcohol to a prostitute, soliciting and advertising, and conspiracy to commit prostitution.
Abstract
Alternatively, these laws should be replaced with business codes that would control the exploitation that currently exists. Prostitution exists because of the male dominance of every major society. Although the United Nations in 1949 called for the decriminalization of the specific transaction between prostitute and customer, soliciting and engaging in an act of prostitution is a crime in every State except Nevada. The country spends large amounts of money to enforce prostitution laws, but almost nothing to help prostitutes get out of prostitution. Before much can be done to help prostitutes, the laws must be changed. Laws against child abuse should deal with the problems of juvenile prostitution. Requiring prostitutes to obtain the same sellers' permits that street artists and musicians now must have and limiting all such activity to areas zoned for commercial or mixed residential and commercial use would limit street prostitution. New laws are needed to deal with forced prostitution by putting the onus on the forcer and not on the prostitute. The law should ignore pimping as long as the third party is receiving funds from only one prostitute, while a person receiving funds from more than one prostitute should be regulated by the business codes for other service agencies. Until prostitution has been decriminalized, pressure should be applied to law enforcement agencies, district attorneys, public defenders, and judges to improve the treatment of those who are arrested under the existing archaic and oppressive laws.

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