
Prostitution has been actively practiced since ancient times and, despite social stigmas, remains a prevalent presence in society today, existing as a highly controversial issue with legal regulation widely debated. While the term ‘prostitution’ has historically been used to refer to sex services provided to clients in exchange for money, the scope of the profession has broadened in more recent times to include ‘sex work,’ a more open concept including other kinds of erotic services. This article presents an overview and analysis of prostitution in the context of its history, current legal status, and the social debates which involve the profession.
1. History of Prostitution
The earliest available evidence of prostitution dates back to ancient Mesopotamia, the region around the Tigris and Euphrates Rivers in the Middle East referred to as the ‘cradle of civilization.’ Voices from the past speak of the profession as an unquestioned and integral part of life in the early Mesopotamian cities, documented in various legal and literary sources.
The profession has persisted throughout history as a celebrated and villainized profession, a proverbial thorn in the side of moralistic camp. During the heyday of the Roman Empire, prostitution was socially acceptable in some circles, regulated by the Roman government of the time. It was for the Romans that early versions of brothels and prostitution as a business enterprise were proposed, though prostitution was not as widespread in the ancient world as it was in Medieval Europe.
The Middle Ages saw a resurgence in prostitution, as the medieval period was marked by a period of high demand for sexual pleasure among the wealthy upper classes. This influx of customers led to the establishment of actual brothels in areas near major cities, such as Paris, London, and Venice. The brothels of this era were often large and crowded, catering to all customers irrespective of their ethnicity, social class, or religion.
During the sixteenth century, prostitution gained more recognition and acceptance throughout Europe, though it was still largely confined to urban areas. In the United States, prostitution was considered a major crime punishable by execution, though it did not stop some areas, such as New Orleans, from being hubs of prostitution and sexual pleasure. This period saw a greater influx of immigrants to the United States, including many from various Asian nations, which further contributed to the growth of prostitution in the nation.
2. Legal Status of Prostitution
The modern public opinion on prostitution has been highly varied, with some countries taking a much more lenient stance on the profession while others maintaining strict prohibitions. In the 19th century, many countries, particularly in Europe, adopted laws banning various forms of prostitution, primarily due to public outrage and an aversion to the ‘sinful’ undertones which some associated with the profession.
In the United States, there is no national law banning the practice of prostitution, meaning that its legal status varies by state. In those states where it is illegal, prostitution is treated as a misdemeanor offense, punishable by fines and short-term jail sentences. However, those caught engaging in prostitution-related activities, such as pimping and soliciting, can face much harsher charges and potential prison sentences.
A few countries have taken a more progressive stance on the legal status of prostitution, such as Australia and some countries in Europe. In Australia, prostitution is legal in all states except Tasmania and the Northern Territory, and is regulated in various ways throughout the country.
In many European countries, the legal status of prostitution is much more open and accepted than in the United States. In many cases, prostitution is completely legal, with no regulation or restriction on the activity. Other countries, such as the Netherlands, have legalized certain aspects of the activity, such as allowing brothels to operate.
3. Societal Impact of Prostitution
Though its legal status may vary, prostitution remains a highly controversial and socially relevant topic. The profession has a history of being considered a great source of moral and ethical failings, much to the chagrin of those who work and benefit from its services.
The current conversation on prostitution is largely divided between those advocating fully legalizing the practice and those who vehemently oppose any more lax regulations. Those advocating for legalization bring up the equality argument, suggesting that laws against prostitution are rooted in stereotypical assumptions which overtly target women and minority populations. They argue that, by legalizing it, prostitution would be taken out of the dark shadows of society and become openly accessible, which would help to prevent the abuse and exploitation of workers currently in the industry.
On the other hand, those opposed to decriminalization of prostitution maintain that such laws will only contribute to objectification of women and more people entering into the industry, with the effects