A Report

The Decriminalization of prostitution

Submitted in partial fulfillment of the requirement of the Caribbean Examination CAPE Law
Unit 1.

Name: Shanikea Ramsay

Date: May 2011

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 Table of Contents

Contents

Introduction ……………………………………………………………………………..1
 Aims

Description of method employed………………………………………………………..2

Literature on Aim 1……………………………………………………………………...6

Literature in Aim 2………………………………………………………………………7
Literature on Aim 3……………………………………………………………………...9

 Questionnaire

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Introduction

Prostitution occurs when a person engages in sexual activity with another person in exchange for

compensation, such as money or other valuable goods. Natural law which is believed to be a

rational foundation for moral judgment declares that prostitution is morally wrong due to

religious teachings that the body is a temple of the Lord and should be kept pure until marriage.

While a positivist encourages persons‟ freedom to pursue prostitution, as long as it is not a

bother to others.

The legality of prostitution varies around the world. It is illegal in most Caribbean jurisdiction

including Jamaica. The law and punishments for conducting prostitution in Jamaica can be found

in the Sexual Offences Act. According to the Act “a person commits the offence if he/she

intentionally causes or incites another person to become a prostitute. Or if he does so for or in the

expectation of gain for himself” as was seen in the case of Shaw v the Director of Public

Prosecution. If a person is found liable, he/she faces imprisonment, a fine or both.

The decriminalization of prostitution would lessen the burden on the courts and justice

system. Consequently, they would have more time to deal with serious and more violent crimes.

On the other hand, it is believed if prostitution is decriminalized, there would be an increase in

crimes such as human trafficking and rape.

The aims for pursuing this topic include:

1. To find out to what extent should a person be free to decide their own fate.

2. To examine the advantages of the decriminalization of prostitution.

3. To find out if prostitution is a victimless crime.

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 Description of method employed

For this research both primary and secondary sources were utilized in order to obtain data.

A primary source is an article or other document written by the actual researcher of a study. The

primary source that is a part of this research is the questionnaire; a questionnaire is a formulated

series of question that investigates respondent‟s needs, expectations, perspectives, priorities and

preferences.

A secondary source is an article, book or other document written by someone who did not

actually do the research or formulate the opinions or theories but who has pulled together

relevant sources. The research included secondary sources such as textbooks, documentation on

cases studied and information from the internet.

Primary data:

A questionnaire consisting of 6 questions was administered to random persons on the streets in

Portmore, Spanish Town and Old Harbour. A random sampling was chosen so that different

opinions and views could be obtained. The respondents completed the questionnaires instantly -

„on the spot‟ and returned them. Questions 1-2 solicited the demographic information of

respondents, questions 3 A) and 3B) aimed to find out how many persons thought that

prostitution should be decriminalized and their reason(s) for believing that it should be

decriminalized, question 4 seek to find out if respondents are religious, question 5 aimed to find

out how the decriminalization of prostitution could be beneficial and questions 6 A) and 6B)

aimed to find out if prostitution is a victimless crime and reasons why it is believed to be a

victimless crime.

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 In this research a questionnaire is appropriate as it has many advantages; a few are

as follows:

 It is not time consuming.

 It is cost effective when compared to face-to-face interview.

 It provides both quantitative and qualitative data.

Secondary data:

Textbooks, documentation on cases studied , information from the internet and newspaper

articles were also a source in this research.

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Findings

The findings from the questionnaire (see appendices) are as follows:

 Question 1: 45% of respondents were female and the other 55% were males.

 Question 2: 25% of respondents were between the ages of 16-20, 13% were between the ages

of 21-25, 38% were between the ages of 26-30, 13% were between the ages31-35 and 13%

were between the ages of 35-40.

 Question 3 A): 55% of respondents believed that prostitution should be decriminalized while

the other 45% believed it should not be decriminalized.

 Question 3 B): 27% of respondents held the point of view that the decriminalization of

prostitution will allow freedom of choice to occur, 9% agreed that the decriminalization will

make prostitution into a legitimate business, 18% said that it would take women off the

streets and lessen the number of child prostitution cases, 27% stated that it would create jobs

and 18% agreed that it will allow prostitutes to get protection from the law.

 Question 4: 55% of respondents were non-religious persons and 45% were religious persons.

 Question 5:100% of respondents who selected „Yes‟ for question 3 A) believed that the

benefits for the decriminalization of prostitution are to reduce crimes such as rape, assault

and human trafficking, improve public health, increase tax revenue, help people out of

poverty, get prostitutes off the streets, allow consenting adults to make their own choices.

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 Question 6 A): 75% of respondents thought that prostitution is a victimless crime and the

other 25% thought that it is not.

 Question 6 B): 75% stated that prostitution is a victimless crime since no one is being harmed

and 25% stated that prostitution is not a victimless crime if prostitution is non consensus and

it is done under threats from others.

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 Literature on Aim 1

“To find out to what extent should a person be free to decide their own fate.”

Morality tries to uphold the criminalization and illegalization of prostitution; a famous

theologian, who supports this, is the naturalist Thomas Aquinas. Nonetheless, a person should be

able to decide their own fate if it does not interfere with the general public.

Paul Armentano, Senior Policy Analyst for the National Organization for the Reform of

Marijuana Laws (NORML), in The Future of Freedom Foundation's Freedom Daily article "The

Case for Legalized Prostitution," wrote:"...The most important argument for the legalization of

prostitution services is that such prohibitions violate one's most basic and inherent rights.

Prostitution is the voluntary sale (or rental) of a labor service. Individuals own their own bodies

and their own labor services and have the absolute right to decide how those labor services

should be used. As long as the prostitution transaction is voluntary, there is no justification for

governmental interference. Indeed, such interference constitutes an infringement of the privacy

and personal liberty of the individuals involved."

Ari Armstrong, Founder of the Colorado Freedom Report, wrote in the article entitled "Legalize

Prostitution to Reduce Harms": "... People have rights to control their own bodies, even in ways

that are demonstrably or potentially harmful. The only way to ban every dangerous act is to

impose a police state. There is no good reason why the government should arrest people for

prostitution or (select) drug use, but not for obesity, bulimia, promiscuous sex, or a host of other

activities that can be far more harmful. It is wrong for the government to violate people's rights

by arresting them for such activities, and it is morally correct to recognize people's rights."

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Literature on Aim 2

“To examine the advantages of the decriminalization of prostitution”

There are many advantages of the decriminalization of prostitution, however only four will be

examined. These advantages include:

1) Increase in the country‟s tax revenue. Senior Medical Officer in charge of the National HIV/STI

Program in the Ministry of Health, Dr. Kevin Harvey, told the Jamaican Observer that the

decriminalization of prostitution in Jamaica could yield up to $3 billion in tax dollars.

2) Reduction in crimes associated with prostitution. The Netherlands Ministry of Foreign

Affairs wrote in its 2005 document "Dutch Policy on Prostitution: Questions and Answers":

“The legalization of brothels enables the government to exercise more control over the sex

industry and counter abuse cases. The police conduct frequent visits to brothels and are thus

in a position to pick up signs of human trafficking. This approach is in the interests of

prostitutes themselves, and it also facilitates action against sexual violence and abuse… …

abuses are easier to detect when prostitutes operate publicly and legally rather than in a

clandestine subculture."

3) Removing prostitutes off the streets to safer places. Umberto Tirelli, MD, Director of the

Department of Medical Oncology at the Centro di Riferimento Oncologico (CRO -

Oncologic Referral Center) of the National Cancer Institute (Aviano, Italy), wrote in the

article "Health and Tax Legislation for Prostitutes": “In reorganizing prostitution we could

follow the examples set by such towns as Amsterdam and Berlin, where prostitution is

restricted to specific areas or to specific places which are regularly controlled by health and

tax inspectors. The means to enforce regulations for prostitution may vary but at the end

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 there is only one main reason: to take prostitutes away from the street and from the criminal

gangs…"

4) The improvement of the health of consumers and prostitutes, by carrying out mandatory

testing for sexually transmitted infections. Vaclav Maly, Auxiliary Bishop of Prague, was

quoted as having stated in the article "Czech Bishop Calls for Legalizing Prostitution”:"I am

not making a moral judgment here. I see prostitution as a reality of the modern world. The

chances of eliminating it are practically nil. …it is better to keep it in check and under control

by giving it a legal framework. …it seems to me that it would be better to have prostitution

take place…with medical check-ups.

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Literature on Aim 3

“To find out if prostitution is a victimless crime.”

There are both proponents and opponents as to whether or not prostitution is a victimless crime.

Proponents, Sherry F. Colb, JD, Professor of Law and Judge Frederick Lacey Scholar at Rutgers

Law School, wrote in an email to ProCon.org that:”…prostitution is a 'victimless crime' in the

sense that no one is necessarily harmed by it and that there are consenting adults involved."

While an opponent, the National Center for Missing and Exploited Children (NCMEC), in the

1992 Female Juvenile Prostitution: Problem and Response stated: “....When a pimp compels a

prostitute to submit to sexual dema nds… it is exploitation, sexual harassment, or even rape- acts

that are based on the prostitute‟s compliance rather th an his/her consent. …these crimes should

merely be redefined as prostitution."

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 Discussion of Findings

According to the questionnaire (see appendices), the majority would like for prostitution to be

decriminalized. Jeremy Bentham who was a utilitarian argues that good law depends on what the

majority says, that is, what so ever brings happiness to the majority is good as ri ght. To him

therefore law is good law if it increases the happiness of the majority. Hence, this proves that the

decriminalization of prostitution will be good law.

Religion should not be a deciding factor for the decriminalization of prostitution. Due to the

impact of religion on prostitution claiming it to be morally wrong, respondents with a religious

background were biased when answering question 1,”55% of respondents who believed

prostitution should be decriminalized were not religious persons while the 45% who believed

prostitution should not be decriminalized were religious persons .”The law on the criminalization

of prostitution is primarily influenced by morality and it hinders one from truly deciding their

fate which is against the Constitutional right to liberty . A person should be able to decide his/her

own fate as long as it is not harming them or others.

Proponents for the decriminalization of prostitution substantiated their opinions by stating

their various reasons why they believe prostitution should be decriminalized. Reasons included it

will give sex workers their Constitutional right to freedom of choice, it will make prostitution

into a legitimate business-parliament establishing legislations, it will lessen the number in cases

of corruption of public morals- removing prostitutes off the streets and limiting child

prostitution,

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it will create jobs thus the crime rate will decrease and prostitutes can be protected by the law

from crimes such as rape, assault and trafficking. With these numerous advantages, persons

believe that prostitut ion should indeed be decriminalized.

According to the questionnaire (see appendices), most persons believe that prostitution is a

victimless crime in which no one is being harmed because prostitution involves willing

participants. If this is the case, prostitution should not be an illegal offence because law enforcers

are not protecting a victim from harm. Both or more parties are giving consent for activities done

in private “protection of privacy… - found in the Fundamental Rights and Freedom Section of

the Constitution” thus there is no need for the government to interfere.

However, some persons hold the point of view that prostitution is a‟ victim crime‟ if consent is

not given and is committed under duress. This point of view uses the elements of another crime,

such as rape or extortion, to justify that prostitution is a „victim crime.‟ This is not appropriate

as both rape and extortion are different crimes from prostitution. Rape and extortion are victim

crimes because someone is being harmed or threatened while prostitution is a victimless offence

because consent is given and activities are done willingly by participants .

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Discussion of Aims

Each person has rights and they are protected by the constitution. All constitutions contain a

Fundamental Rights and Freedom Section and Jamaica is no exception to this.

Prostitution laws bring up a number of issues which limit the constitution. The law in

Jamaica is that prostitution is illegal; hence persons who would like to pursue prostitution are not

entitled to certain rights, such as the right to liberty and the protection of privacy.

The right to liberty represents freedom of choice. Prostitutes own their bodies and they have all

right to decide how to use their body because it is their property. Prostitutes should be able to

decide their own fate and not be deterred by the laws of parliament. Governments have no

justification to uphold the criminalization of prostitution if prostitution is not corrupting public

morals and if the prostitutes are consenting adults. The maintenance of this law by the

government infringes on both the right to liberty and the protection of personal privacy- when

they charge sex workers for doing activities done in private .

Most persons seek to find jobs that they enjoy and they are efficient at carrying out. It is not the

case with all sex workers but some actually love their jobs and it is their only steady income .

Prostitution does not bring any harm to them. Why should it be criminalized? Many prostitutes

depend on prostitution and are still awaiting new legislation on prostitution. Persons should be

able to pursue prostitution as long as it is not corrupting public morals and it does not involve the

participation of children.

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It is morally incorrect to practice prostitution and it is morally good to recognize peoples‟ rights.

The Constitution is the highest authority of law in Jamaica. Within the constitution the rights are

stipulated and they should be protected by it. The law of prostitution was made by parliament .

The higher source of law should prevail by giving prostitutes their right to freedom and

protection of privacy by decriminalizing prostitution.

Furthermore, for the decriminalization of prostitution to occur , Parliament needs to

analyze the numerous benefits it can have on the country. Some benefits include: increasing tax

revenues, reducing crimes often associated with prostitution, removing prostitutes off the streets

and improving the health of prostitutes and their consumers.

It is said that the decriminalization of prostitution will result in the increase of tax revenue. This

is quite beneficial to a country‟s economical status. This will indeed be beneficial to Jamaica as

Jamaica has been in deficits for approximately 20 consecutive years. Increase in tax revenues

will improve Jamaica‟s gross domestic product and some monies from the revenue can be

reinvested to improve facilities that are in need of maintenances, such as police stations and

prisons .

With the legalization and decriminalization of brothels, law enforcers will be able to have more

control over prostitution. It w ill reduce certain crimes such as trafficking, assault, rape and child

prostitution and it will also lessen the transmission of sexual diseases. Police officers will pay

frequent visits t o these establishments to check if all regulations are being obeyed a nd there will

be

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mandatory tests for sexually transmitted diseases. With the legalization of brothels, if prostitutes

face crimes such as rape they are able to report them “ right to protection by the law” and get the

accused convicted. With strict regulations for operating the brothels, child prostitution could also

be eliminated- not allowing persons under the age of consent to enter brothels.

Another remedy that the decriminalization of brothels solves is to remove prostitutes off the

streets. By removing prostitutes off the street corners, corruption of public morals and child

prostitution are prevented. Parliament should restri ct prostitution to specific areas which are

controlled by health and law enforcers. The removal of prostitutes off the streets al so prevents

other crimes, for instance, rape, assault and extortion.

The health of both the consumer of prostitution and the prostitutes can be improved if

prostitution is decriminalized. This can be obtained by making laws within the Act that specify

regular checks for sexually transmitted diseases are mandatory.

Is prostitution a victimless crime? Indeed it is , although opponents have tried to develop a view

that it is a „victim crime‟. However, the answer still remains that it is a victimless crime.

The other question now is why is a victimless crime an offence? No one is being harmed

by soliciting prostitution and consent is being given by the sex - workers. Hence this offence

must be legalized rather, decriminalized!

Additionally, when the courts and police focus on such petty crimes, offenders of more severe

and dangerous crimes escape being caught. If this „victimless crime‟

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was decriminalized the courts and police would be less burdened hence they would have more

time to handle offenders of m ajor crimes, such as, murder, manslaughter, kidnapping and arson.

Prostitution can never be eliminated hence it is better to control it by giving it legality and

observing what takes place after decriminalization .

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Recommendation

Legalizing and decriminalizing prostitution would restore sex workers constitutional rights,

generate revenue, take care of health issues and render a frivolous crime legal. It would be quite

beneficial to persons and the country.

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 References


Kempadoo, K and Doezema J (1998): Global sex workers: rights, resistance, and ,
redefinition, Routledge: Great Britain.


Edwards C and Deacon L (2005): Caribbean Advanced Proficiency Examination (CAPE) LAW.


Paul Armentano. The Case for Legalized Prostitution, published in December 1993 in The
Future of Freedom Foundation's Freedom Daily article .


The Netherlands Ministry of Foreign Affairs. Dutch Policy on Prostitution: Questions and
Answers, published in 2005.

Vaclav Maly. Czech Bishop Calls for Legalizing Prostitution, published on May 4, 2002.

The National Center for Missing and Exploited Children (NCMEC). Female Juvenile
Prostitution: Problem and Response, published in 1992.
rd

Sexual Offences Act 2003. Retrieved from the 3 April, 2011.
http://www.legislation.gov.uk/ukpga/2003/42/section/53


Sherry F. Colb and Judge Frederick Lacey (2006). Should prostitution be legal? Retrieved from
rd
the 3 April, 2011. http://prostitution.procon.org/view.answers.php?questionID=001315
rd

Umberto Tirelli (2009). Health and Tax Legislation for Prostitutes. Retrieved from the 3
April, 2011.
www.umbertotirelli.it
rd

Ari Armstrong (2005). Legalize Prostitution to Reduce Harms. Retrieved from the 3
April, 2011. http://prostitution.procon.org/view.answers.php?questionID=000100


Mark Liberator (2005). Legalized Prostitution, Regulating the Oldest Profession. Retrieved
rd
from the 3 April, 2011.
http://www.liberator.net/articles/prostitution.html

th

Kim Chihiro (2008). The benefits of legalizing prostitution. Retrieved from the 11 April,
2011. http://www.helium.com/items/793627-the-benefits-of-legalizing-prostitution

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 Christian Telegraph (2008). Jamaican PM says no the decriminalization of prostitution.
th
Retrieved from the 16 March, 2011. http://www.christiantelegraph.com/issue2362.html

 Alex Jenkins (2009). Pros and Cons: Weighing the Advantages and Disadvantages of
th
Legalized Prostitution. Retrieved from the 20 April, 2011.
http://www.thedashingfellows.com/pros-and-johns-weighing-the-advantages-and-
disadvantages-of-legalized-prostitution/5426
th
 Ken LaMance (2008). Solicitation of Prostitution Lawyers. Retrieved from the 20
April, 2011. http://www.legalmatch.com/law-library/article/solicitation-of-prostitution-
lawyers.html

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 Appendices
Questionnaire

This is a survey being carried out on the issue of the decriminalization of prostitution. I am kindly
requesting your assistance in answering these questions honestly. Since your name is not required
your answers will remain confidential.

Instructions: Shade the answers that best represent your knowledge and write precise, short answers
where possible.

1. Gender
o Male
o Female

2. Age
o 16-20
o 21-25
o 26-30
o 31-35
o 35-40

3. A) Should prostitution be decriminalized?

o Yes
o No

B) ONLY answer this question if you selected ‘Yes’ for question 3. A). How could the
decriminalization of prostitution be beneficial?
o To reduce crimes such as rape, assault and human trafficking
o Improve public health
o Increase tax revenue
o Help people out of poverty
o Get prostitutes off the streets
o Allow consenting adults to make their own choices
o All of the above

4. Are you a religious person?

o Yes
o No

5. A) Do you think prostitution is a victimless crime?

o Yes
o No

B) Specify your answer above;

If yes:

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If no:

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