In 1971, Nevada became the only state in the United States to legalize prostitution and allow strictly licensed and regulated brothels in the state`s sparsely populated counties. However, brothels remain illegal in the major cities of Las Vegas, Reno and their suburbs. The legal licensing of a limited number of brothels has created a two-tier system that benefits brothel owners at the expense of sex workers. Prostitution as a buyer or seller is technically illegal in Japan. However, because the legal definition of prostitution is extremely narrow and specific (vaginal sex with a stranger), sex workers have developed a cornucopia of loopholes and endpoints. These include „soaplands“, where guests are bathed by prostitutes; offer oral, breast or other non-vaginal sex; and „Fashion Health“ or „Delivery Health“ services that sell legal services such as a massage and unofficially launch a sexual act such as a freebie. As such, prostitution is banned in Japan, but thrives. Sex workers in New Zealand and parts of Australia where sex work has been decriminalized report safe working conditions and often cooperate with law enforcement. Since the adoption of the PRA, sex workers are no longer exposed to exploitation by criminals. Instead of being prosecuted, sex workers are protected by law enforcement. Violence against sex workers has decreased because they are able to report crimes against them without fear of arrest. There have even been cases where police have secured payment from sex workers for their services and prosecuted clients for attempted theft.4 Decriminalization efforts still have a lot of work to do – most states have yet to take action on this issue. But sex workers may be closer than ever to earning the right to do their jobs without fear of arrest.

The criminalization of sex work also puts sex workers at risk of police violence, according to Jessica Raven, a board member of the New York-based advocacy group DecrimNY. In a 2008 study, nearly one in five female sex workers and people profiled as sex workers reported being solicited by a police officer, and one respondent said she was „forced to do sexual favours to avoid being accused of prostitution.“ For years, however, the U.S. has seen little progress toward decriminalization. In fact, the 2018 federal legislation known as FOSTA-SESTA (a combination of two bills, the Allowing States and Victims Act to Combat Online Sex Trafficking and the Sex Traffickers Prohibition Act) has been criticized by many sex worker rights groups. The law aims to penalize websites that host content related to sex trafficking, but in practice it limits sex workers` ability to advertise their services online and forces them to perform more dangerous street work, Raven said. Prostitution does not allow the general public to take advantage of these pretexts. On the contrary, the industry is honest about how sex and money are directly related. And for many people, it`s an uncomfortable idea. It is even more uncomfortable for some people to believe that women should have control over their bodies that would allow them to voluntarily engage in prostitution; You cannot afford to believe that women would choose such a profession.

But instead of acknowledging this reality, those who oppose the legalization of prostitution advance with arguments about concern for women`s safety. They don`t realize that criminalizing prostitution doesn`t help sex workers, and their arguments lead to legislation that harms women while operating under the morally motivated pretext of wanting to protect them. The criminal application of sex work goes hand in hand with unfair police practices, such as the use of condoms as evidence of intent to engage in sex work. As a result, some sex workers and people profiled as sex workers may choose not to wear condoms due to the risk of arrest. This puts them at risk of contracting HIV and other sexually transmitted diseases. Advocating for the decriminalization of sex work means advocating for personal autonomy, LGBTQ+ and women`s rights, incarceration, immigrant rights, racial justice, and equal access to the right to life and security. In addition to decriminalization, there are other steps legislators, lawyers, prosecutors and researchers can take to protect the rights of sex workers. The overwhelming majority of sex workers are unable or unwilling to work under the conditions created by legalization, including applying for licenses, registering with local sheriffs, and working in one of the few brothels in rural Nevada where workers are subject to the rules of their manager, district and state. Strictly enforced policies prevent people from engaging in consensual prostitution outside of licensed brothels and led to 2,859 arrests in 2018.1 Conditions for sex workers changed dramatically in the 1960s.

The combined oral contraceptive was first approved in the United States in 1960. „The Pill“ helped prostitutes prevent pregnancy. The criminalization of sex work makes sex workers more vulnerable to violence in the workplace and less likely to report violence. It denies sex workers access to health care and other essential services, fuels an uncontrollable mass incarceration system, and marginalizes some of society`s most vulnerable groups, such as trans women of color and immigrant women. Here are five reasons to decriminalize sex work that would protect sex workers, help hold police accountable, and ensure equality for all members of society, including those who choose to make a living based on self-management of their own bodies. In today`s society, there is a hierarchy between prostitutes and an even greater distinction between domestic workers and external workers.