MCViewPoint

Opinion from a Libertarian ViewPoint

Posts Tagged ‘prostitution’

Legalize Prostitution

Posted by M. C. on August 21, 2023

With legalization, rights violations now become the exception, not the rule. Have we learned nothing from alcohol prohibition? Under this system, people died from bathtub gin, violence, shootings over turf.

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Walter Block

If two unmarried consenting adults have sexual relations with each other, in all states but one (Mississippi) they violate no law. Such an act might be considered immoral by some, but that doesn’t mean that it should be a criminal offense.

If the man pays the woman for sex with dinners, a movie, flowers, etc. again there is no crime involved, at least not in civilized countries.

However, if he compensates her for her services in the form of a monetary payment, this is called prostitution and is illegal in most jurisdictions.

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This is more than passing curious. Why should the form of payment play such an important, nay overwhelming, role? Money is purchasing power, more efficient than bartering goods and services, unless the recipient is going to purchase that exact combination of items in any case. For instance, for the price of a movie, dinner and flowers, the woman might prefer a pair of shoes. She could obtain the footwear, but only if she were paid in the form of money.

But the weirdness does not end there. If money changes hands, it converts an act that would be licit into a crime. The amazing thing is that the act in the two cases is identical. The only difference is the transfer of money.

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Should the United States Follow Belgium’s Lead?

Posted by M. C. on May 18, 2022

By Laurence M. Vance

Belgium has decriminalized prostitution. The only other country I know of that has done this is New Zealand. Although other European countries have legalized and regulated prostitution under specific circumstances, Belgium is the first to fully decriminalize selling sex, paying for sex, and working with sex workers.

The question before us is a simple one: Should the United States follow Belgium’s lead?

Prostitution is illegal throughout the United States except for ten of Nevada’s sixteen counties. Surprisingly, prostitution is illegal in Las Vegas (Clark County) or Reno (Washoe County), although illegal prostitution certainly takes place. One reason why only seven of the ten counties where prostitution is legal have a brothel might be because the counties extort $100,000 to $200,000 from entrepreneurs for licensing fees.

But government in the United States is not like government in Belgium. Prostitution in the United States is a state crime, not a federal offense, so it is up to each state to make its own laws against prostitution.

Okay then: Should the fifty states of the United States follow Belgium’s lead?

Yes, Certainly.

Does this mean that prostitution is wholesome, moral, safe, healthy, and an occupation that everyone would want their wives, mothers, grandmothers, aunts, sisters, or daughters to engage in?

Of course not.

Prostitution is none of those things. In fact, I would argue that engaging in prostitution is depraved, immoral, sinful, risky, and hazardous to one’s physical, mental, and spiritual health.

Does this mean that human trafficking, rape, child prostitution, sexual abuse, slavery, and sexual assault should be legal as well?

Of course not.

Those are real crimes with unwilling victims who have been aggressed against. Even in liberal Belgium, sex trafficking, rape, pimping, most prostitution advertising, and child prostitution is still illegal.

Does this mean that trespassing, loitering, indecent exposure, and other violations of property rights that might occur when prostitutes seek or service customers should be legal as well?

Of course not.

Violations of property rights are likewise real crimes.

So why should prostitution be fully decriminalized in the United States as it now is in Belgium?

I will give you ten reasons why—reasons that I have fully explained in my many articles on this subject and victimless crimes in general.

  1. How can something that is legal to give away be illegal if one charges for it?
  2. What consenting adults do on private property is none of the government’s business as long as their actions are voluntary and peaceful.
  3. It is not the job of government to legislate morality.
  4. It is not the proper role of government to concern itself with how people choose to make a living as long as their actions don’t infringe upon the personal or property rights of others.
  5. Vices are not crimes.
  6. Why should prostitution be a crime but other immoral activities not be crimes?
  7. Why is it legal for a woman to provide free sexual services as often as she wants and to as many people as she wants, but illegal for her to charge for her services?
  8. Every real crime needs tangible victim with measurable damages.
  9. If it is legal for people to be paid to have sex if they are making a movie, then why should it be illegal for people to be paid to have sex in the privacy of their car, home, or hotel room?
  10. Why does the introduction of money turn fornication and adultery into criminal offenses?

I am probably the least likely person to be writing in favor of the decriminalization of prostitution. The freedom of consenting adults to do anything that’s peaceful as long as their actions are voluntary, don’t aggress against others, and respect private property rights is what compels me.

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