Thesis statement
In the United States of America, prostitution is illegal. There are however other sections of America states that have legalized it. Despite the illegality, prostitution is practiced in several parts of the country.
Introduction
Prostitution is the nexus between sex and money. In this paper, I will dwell with the history of prostitution in America, the heated political debates that characterize the practice, the types of prostitution, state and federal laws governing the practice of prostitution. Traditionally, the government was uninterested in prosecuting or curbing offenders of prostitution. It was allowed by the authorities and the only laws that regulated there practice were municipal ordinance. On the arrival of settlers and migrants, the government changed tactic because it was during this time when the practice thrived and needed regulation. There has been a debate as to whether the Federal Government should be charged with the duty of regulating prostitution or it should that role of regulating should be left to respective state governments.
History of prostitution in United States of America
Prostitution features most in the culture and history of United States. It is considered as an alien practice that came with the settlers. Prostitutes in America have been harassed, discriminated against and forced out of the town; they have also been subjected to internal physical examination. Prostitutes who are permitted to operate as in the case of Nevada are required to cede their right to privacy by exposing their personal and medical information. The laws only regulate the three main types of prostitution but it is silent on other forms of prostitution occurring in movies, literature and music. This is because the available laws do not provide for the definition of prostitution hence leaving it to states to craft their definitions. Definition of prostitution varies from jurisdiction to jurisdiction (Ditmore 1).
Regulation of prostitution in United States of America
The absence of laws regulating the practice of prostitution did not imply that the practice is permitted in America. The Practice is illegal in all forms. The powers to regulate prostitution in the United States of America do not fall within the enumerated powers of Federal Government. The Tenth Amendment to the Constitution of the United States of America makes the regulation of prostitution as the province of the respective states. Under the amendment the constitution gives powers to the states to prohibit or permit and to regulate prostitution or any form of commercial sex. The Congress however reserves the right to regulate it as part of interstate commerce using laws like Mann Act. Most states in America consider commercial sex as a misdemeanor and it is placed in the same category as Public order crimes; crimes that interfere with the order of the society. At one time prostitution was classified under vagrant crimes (Grant 1).
In the United States of America, the only state that permits prostitution is Nevada. This is regulated in the form of brothels and the practice is stipulated under the Nevada Revised Statutes. Brothels are only active in eight counties of Nevada. There are other counties that are Nevada that have made prostitution an illegal. This includes the Clark County, Lincoln and Washoe Counties. Under Nevada law however, street prostitution or pandering or living off prostitution proceeds are considered very illegal just as like other parts of the country. Just like in other countries, there are three categories of prostitution in the United States of America, these are: Escort prostitution, brothel prostitution and street prostitution. In the early 20th century, there were red light districts in America (Woolston 168).
In other states such as the Rhodes Island, prostitution was outlawed in the year 2009. The governor signed into law the bill that made the selling or buying of sexual sex services a crime. Prior to this, prostitution was a legal venture from 1980 to 2009. This was because there was no statute or law the defined prostitution or outlawed the act. During those years however, activities like operating a brothel, street solicitation and pimping were considered illegal. The state of Louisiana is the only state where convicted prostitutes are supposed to register as sex offenders. The law of the state against prostitution is used against those people who are accused of taking part in anal or oral sex in exchange for money. Prostitutes that are prosecuted under this law are the ones that have to be registered. The Center for Constitutional Rights is the one charged with the duty of filing the suit. In America, furthermore, the federal Government prostitutes some cases of prosecution crimes (Woolston 170).
Street prostitution is an illegal activity throughout United States of America; this form of prostitution is clustered in some areas that are known for solicitation. Escort prostitution existed all over the United States in spite of the illegality. There are independent prostitutes and those that are employed by escort agencies. Brothel prostituting is illegal all over America except in some counties of Nevada. It is because of lower level of class consciousness and the great power of individual freedom that the United States of America as not made progress in adopting a national system of segregating and regulating prostitution. This has been done in many industrialized countries such as Italy, Netherlands and Britain (Ditmore 340).
There are very many social problems that are associated with prostitution in America in the section of America that have made it illegal. The social problems that are linked to the laws outlawing prostitution are sexually transmitted diseases, large amount of money used in prosecuting sexual offenders and the risks that the women are exposed while working in the streets during odd hours. Nevada has managed to control these social problems by licensing brothels and making the practice legal. Prostitution has for a very long time been tolerated in America but because of its unspeakable, stigmatized and clandestine nature, there has been unease truce between prostitution and society. This resulted in the American government carrying out a zealous campaign against prostitution (Rosen 1).
Conclusion
In the United States of America, prostitution laws are determined at the level of state. Every state has its laws governing the practice of prostitution. Prostitution is illegal in virtually all the states except one; it is also illegal in all the territories of the United States of America. It is only the state of Nevada that permits prostitution and it has made it a legal practice. Eight of sixteen counties in Nevada have legal brothels that are active; outside the brothels however, the practice is illegal just in the other sections of the state. The practice is however, heavily regulated by the state government of Nevada. In America, all forms of prostitution are illegal and any person who indulges in the practice are branded criminals, arrested, ashamed and forced into rehabilitation.
Works Cited
Ditmore, Melissa H. O - Z. Westport, Conn. [u.a.: Greenwood Press, 2006. Print.
Ditmore, Melissa H. Prostitution and Sex Work. Santa Barbara, Calif: Greenwood, 2011. Print.
Grant, Melissa. When Prostitution Wasn't a Crime: The Fascinating History of Sex Work in America. Web. 14th March, 2014. <http://www.alternet.org/news-amp-politics/when-prostitution-wasnt-crime-fascinating-history-sex-work-america>
McNeill, Maggie. A brief History of Prostitution in US. Web. n.d. <http://maggiemcneill.files.wordpress.com/2012/04/a-brief-history-of-prostitution-in-the-us.pdf>
Rosen, Ruth. The Lost Sisterhood: Prostitution in America, 1900-1918. Baltimore, Md: Johns Hopkins University Press, 1983. Print.
Woolston, Howard B. Prostitution in the United States. New York: The Century co, 1921. Print.
