Why Do We Throw Prostitutes in Prison?

[happyslug]

62. The problem is how do you regulate prositution?

When it was tried, it was a complete failure. Now most of these attempts were in the late 1800s early 1900s when the US Supreme Court had ruled that the "Freedom to Contract" could NOT be restricted, i.e. if you agreed to be a prostitute, if you decided to quit your "Employer" had the legal right to FORCE YOU TO CONTINUE TO DO IT. The local Police and Justices of the peace would side with whoever wanted for force the prostitute back to being a prostitute.

Now, around 1900, was the height of property rights and contractual rights. Court would enforce an absolute right to property AND enforce contracts to the letter UNLESS what was being asked was clearly illegal. Most of the court cases involved Justice of the Peace rulings, many were just informal no records. The women often had no real option to appeal to a higher court (They did have the LEGAL right to appeal, but only if they paid a bond or a filing fee, which most of them could not).

Age was NOT a factor, for it was common for 14 year olds to enter the work force. Emancipation could be shown by the simple fact you were on your own. If you were an emancipated minor any contract you signed was valid and enforceable against you, unless the contract would be illegal even if both parties were over 21.

It was these factors that lead to making prostitution a crime. With prostitution a crime, Contractual obligations was no longer a valid defense.

Now, starting only in the 1930s, the Courts started to accept restrictions on the Freedom of Contract AND absolute property rights. Regulations, as we understand them to be, only started in this time period, prior to that period, unless you had overwhelming evidence of the need for regulations, the Courts would strike down any regulation as violating the Freedom to Contract OR interfering with the Property Rights. Thus food regulations were permitted based on reports that clearly shown how bad the meat industry had become (After reading one report President Theodore Roosevelt said he would NEVER eat another Hot Dog).

On the other hand, a law restricting hours, even to working no more then 16 hours a day in a bakery doing heavy work, was ruled to violate the Freedom to Contract and was struck down by the US Supreme Court.

Given the lack of income of most prostitutes, they ability to take a case to the US Supreme Court is quite limited today, let alone in 1900. On the other hand some sort of regulations was called for (mostly from upper middle class people who did not want the prostitutes on their streets). Thus the push to make prostitution illegal. Il-legalization was viewed as the best way to regulate prostitution, it permitted local police to restrict prostitution to certain streets (away from upper middle class neighborhoods) and as a secondary method, check up on the prostitution for VD (which was a huge problem, I am talking about pre-Sulfa drug days).

The changes in the law, and the abandonment of the legal concepts of absolute right to contract and property did permit regulations to finally come into play in much of the US economy, but by then most cities were happy with their own regulations, which was centered around that prostitution was illegal.

Yes, just because something it illegal does NOT mean it is unregulated. Regulations of something may call for the thing being regulated being illegal. At present it is prostitution is legal in Nevada, but each county has the option to make it illegal. Las Vegas and the larger cities of Nevada have found the best way to regulate prostitution is to make it illegal. Otherwise, it is to hard to regulate. Notice Las Vegas and the other Cities of Nevada COULD try some other type of regulation, but the law regulating prostitution as a crime are well known and easy to follow. The reason is simple, with prostitution being illegal, the Police can push it anywhere where it is not wanted AND arrest the prostitute at any time to check on the condition of the sex worker.

On the surface that may sound arbitrary, but most police know where the prostitutes are for they go where they are customers. Thus the number of locations are restricted. If the prostitutes go elsewhere they are told (by being arrested) that the new location is not acceptable to the regulatory agency (the police). Such women should also be tested for VD and drugs, but most are drug addicts (and they become prostitutes to support they habits, not that prostitution leads to drug use).

Thus the present system is a system of regulation, a system that is known to the local police and the courts. It has worked, when other methods have been tried, they tend to fail (Nevada's exception actually proves the point These counties are sparsely populated areas where the nearest neighbor is often a US Air Force bombing range (Including Nuclear test ranges) Thus few complaints between neighbors due to the lack of neighbors. Elsewhere in the country, the complaints to the local government would be overwhelming (Complaints as to why that business is in their neighborhood more then any other complaint, nobody wants that type of business in their neighborhood). Thus the best way to regulate this business in the US given its history as to regulations of prostitution has been to make it illegal and keep it illegal. The only real issue is what "punishment" should the prostitute be charge with, a Felony is to high, I question a Misdemeanor, but even if it is a summary offense jail time should be an option (Jail is often used to separate prostitutes from their pimps, again part of the regulations of prostitution).