Prostitution is the oldest profession. It is labeled as a criminal behavior in many places; however, in some areas, prostitution is a legitimate, legal business. There are a number of criminology theories that attempt to explain criminal behavior. Frank Tannebaum’s theory of dramatization of evil accurately describes the criminal behavior of prostitution. There are many criminal behaviors that stimulate debate about whether that behavior should be managed by the criminal justice system. One of the arguments discussing prostitution argues that it would be best monitored by allowing the behavior to be legal. This argument also supports Tannebaum’s dramatization of evil.
The dramatization of evil developed by Frank Tannebaum argues behaviors are labeled criminal because of the social reaction to those behaviors. Different societies regard prostitution as sinful, illegal, and degrading. In other societies, prostitution is a legal, profitable, and empowering behavior. For example in the United States, prostitution is legal in Nevada and Rhode Island; whereas the rest of the country criminalize the behavior. He states behaviors are “neither inherently good nor evil; there are varying degrees of good and evil, and the social audience influences the label placed upon specific behavior” (Brown, Esbensen, and Geis, 2010, p.322). The good and bad of sexual activities are gauged by the social labeling of that action, and this labeling varies among societies. Inherently, the sexual behavior involved in prostitution is not illegal; it is the circumstances involving the behavior. The Uniform Crime Report defines prostitution as “the unlawful promotion of or participation in sexual activities for profit” (Uniform Crime Report, 2006). The illegal behavior resides in the exchange of sexual behavior for profit that produces the illegality.
Tannebaum argues, “criminals are not inherently different from the rest of the population, but that specific acts in a person’s overall repertoire of behaviors are singled out and brought to public attention” (Brown, et al, 2010, p.322). This element of Tannebaum’s theory is especially accurate. Prostitution is essentially a victimless crime. Prostitutes’ sexual activities are singled out and brought to attention, and they are participating in a behavior that the entire population engages in daily. In this respect, they are no different from the rest of the population. If the sexual activity is engaged in at home by consenting adults for no profit, it is legal; however, if the same activity engaged in by consenting adults involves profit, it is illegal.
An alternative method of managing this behavior is by permitting prostitution. Prostitution is the oldest profession; therefore, it is unlikely it would become obsolete. Since it appears that prostitution will always be a constant in society, many people argue legalizing prostitution will make the practice safer. Often women who engage in prostitution are subject to violence and drug abuse by the hands of their pimps. Nevada instituted regulations that are interesting and effective. Women practice in environments equipped with “panic buttons in the assignation rooms, listening devices, and management surveillance” (Brown,et al, 2010, p.460). Nevada also mandated AIDS testing for legal prostitutes and since the mandate there have been no positive HIV tests (Brown, et al, 2010, p.460). These legal prostitutes are required to be fingerprinted and carry identification cards.
This approach of legalizing prostitution has some very positive effects. Regulations, such as those in Nevada, aid in the safety of the women. Women are also healthier. Compared to unregulated prostitution, legalized prostitution has a lower rate of AIDS (Brown, et al, 2010, p. 460). There are movements, such as COYOTE, that advocate legalizing prostituion. Groups, such as COYOTE, promote sex workers rights, education, and safety. One argument for legalizing prostitution is that it would decrease the rate of rape crimes. Kirby Cundiff, a professor at Northeastern State University, states, “if prostitution were legalized in the United States, the rate rape would decrease by roughly 25%, for a decreases of approximately 25,000 rapes per year” (Prostitution, 2009). This position suggests legalizing prostituion not only provides safety for the workers, but also for women in general. Former prostitutes have weighed in on the subject.
One former prostitute believes decriminalizing prostitution will allow society to address the serious issues surrounding the practice; whereas, another former prostitute argues prostitution is connected with a number of crimes, such as child exploitation, rape, and sex slavery, and the connection assists in the commission of these crimes (Prostitution, 2009). Critics suggest that decriminalization will encourage prostituion as a solution to poverty, and it will continue to exploit women and children (Prostition, 2009). Proponents of legalizing prostituion argue for the safety of women, and critics believe that legalize prositution exploits women and is connected to other crimes.
Even though prostitution has existed since biblical times, it is unlikely any changes will be made to universally legalize the behavior. For much of society, it will always be immoral and exploitative. Women, who engage in prostitution, face many dangers with their health and safety, and women prostitutes who practice in areas where the behavior is legal are safer. However, Tannebaum states the dilemma best with his theory of dramatization of evil. The social label placed on the behavior is what criminalizes prostituion.
Reference
Brown, S., Esbensen, F., and Geis, G. 2010. Criminology: Explaining Crime and Its Context. Anderson Publishing. New Providence, NJ
Prostitution. 2009.ProCon.org. Santa Monica,CA.Web. http://prostitution.procon.org/view.resource.php?resourceID=000115
Uniform Crime Report. 2006. Department of Justice. Federal Bureau of Investigation. Web. http://www.fbi.gov/ucr/05cius/about/offense_definitions.html
