Should prostitution be legalised? The oppression paradigm versus the empowerment paradigm

Essay from the year 2018 in the subject Sociology - Gender Studies, grade: 1, , course: Gender Sexuality, language: English, abstract: Prostitution is defined as a form of non-marital sexual activity characterized by financial reward and absence of long-term fidelity between two parties. Prostitution has been widely debated, condemned for its immoral and degrading nature. On the other hand, there are liberal feminists who have counter argued saying that prostitution is very empowering. The controversy surrounding prostitution has divided feminists worldwide. Radical feminists are of the opinion that prostitution is an institution of male dominance that exploits economically vulnerable and emotionally damaged women for the sake of male pleasure. In this regard, prostitutes become involuntary victims of patriarchy or conscious participants in the degradation of women.

This therefore has impacts on all women as a group as prostitution continually affirms and reinforces patriarchal definitions of women as having a primary function to serve men sexually. Conversely, liberal feminists find in prostitution a practice of women's resistance to and sexual liberation from norms and traditional moral precepts of sexuality that have long served to control and subordinate women. Others see prostitution as a means of wrestling patriarchal control over women's sexuality that women should be at liberty to do. Prostitution therefore raises moral and legal questions. The legal question is should the practice be criminalized? In addition, the moral question is, is it wrong to sell or buy sex? These are questions I will endeavor to answer which are informed by the lived realities of women who make their living through prostitution.

Prostitution or the selling of sex is, as some would call it, one of the oldest professions in the world as it has been there since time immemorial. Criminalizing prostitution seems to be a futile exercise as it is failing to achieve the intended results that of deterring other possible perpetrators; instead it just frustrates the women who engage in it as they are essentially constantly harassed by the police without any prosecution. Why are there double standards as regards prostitution; why is it that it is only the sellers and not the buyers who are penalized?

Criminalization creates a culture permitting violence against sex workers and sanctions violence and discrimination against them. Sex workers are also afraid to report crimes against them, knowing that police may arrest them or may not take their claims seriously.