NCJ Number
88011
Journal
Santa Clara Law Review Volume: 21 Issue: 3 Dated: (1981) Pages: 669-696
Date Published
1981
Length
28 pages
Annotation
Courts and legislatures are increasingly recognizing that prostitution as 'commercial sex' is distinguished from other sexual behavior and should be treated differently. A proposed reform bill is suggested.
Abstract
Many argue that prostitution laws are hypocritical in a society that condones wife swapping, communal orgies, and adultery. Constitutional challenges to antiprostitution laws have become increasingly broad and creative. The biggest obstacle to reform is the Blanton-Moses emphasis on the 'community interest in maintaining a decent society.' The bill proposed here is an attempt to account for the realities of the legislative process and the issue of prostitution. It should constitute a middle ground which adds controls to some activities and eliminates controls on others in an attempt to appease competing interest groups. The bill is set out in full in the appendix. Footnotes are included.