CRIMINOLOGY PROJECT

TOPIC: Legalizing prostitution.

SUBMITTED TO: Prof. Divya Salim

SUBMITTED BY: Abhishek Singh Kulesh

CLASS: Second Year, B.A., L.L.B. (Hons.)

SECTION: ‘B’

ROLL NO: 2013BALLB128

 Table of Contents
UNDERSTANDING PROSTITUTION............................................................... 4
CRIMINOLOGICAL THEORIES REGARDING HOW WOMEN SLIDE INTO
PROSTITUTION ............................................................................................ 4
CRIMES ASSOCIATED WITH PROSTITUTION ............................................... 5
ATTITUDE TOWARDS PROSTITUTION AND RAPE MYTHS ........................... 6
CONTOURS OF THE SEX INDUSTRY ............................................................ 7
CRIMINALISATION, LEGALISATION AND DECRIMINALISATION IN
PROSTITUTION ............................................................................................ 7
CONCLUSION ............................................................................................... 8
ACKNOWLEDGMENT

If words are considered to be sign of gratitude then let these words convey the very same. I am
highly indebted to Ms Divya Salim who has provided me with the necessary information and
also for the support and her valuable suggestions and comments on bringing out this project in
the best way possible.
I feel great pleasure to cordial thanks to all faculty members of management department of
NLIU who sincerely supported me with the valuable insights into the completion of this project
and I am thankful to that power that always inspire me to take right step in the journey of
success in my life.
UNDERSTANDING PROSTITUTION

It is taken for granted by most people that buying and selling sex is degrading,
dishonourable, or despicable, and there is a deep-rooted belief that prostitution has always been
and will forever remain taboo. Mention prostitution to someone and you will usually see them
react with disgust, while any mention of legalizing prostitution is often met with laughter,
incredulity, or shock. There is a widespread sense that prostitution simply cannot be taken
seriously or even achieve the status of others service occupation. Yet this folk wisdom is just
that a narrow, surface understanding that does not come close to recognizing the myriad
dimensions of sex for sale, how it experienced by workers and clients, and the value of
considering policy alternatives outside the box of criminalization. 1

CRIMINOLOGICAL THEORIES REGARDING HOW

WOMEN SLIDE INTO PROSTITUTION

• General Strain Theory

There is little literature on prostitution as it relates to the general strain theory, but there is
adequate literature on juvenile delinquency and drug use, which examines the general strain
theory. The theory was first developed by Emile Durkheim in his study on suicide but was later
refined by Robert Merton and then by Ronald Agnew in the 1990s.
According to general strain theory, people engage in crime because they experience strains or
stressors. For example, they are in desperate need of money or they believe they are being
mistreated by family members, teachers, peers, employers, or others. They become upset,
experiencing a range of negative emotions, including anger, frustration and depression. And
they cope with their strains and negative emotions through crime. Crime may be a way to
reduce or escape from strains.

• Labeling Theory

1 Ronald John Weitze, NYU Press, legalizing prostitution 03

The labeling theory found its roots in the early 1930s with studies of symbolic interactionist,
conducted by George Herbert Mead, who believed that the self was totally constructed in
relationship to others in the society. The labeling theory, however, had its roots in a theory
developed by Frank Tannenbaum in the 1930s known as the “dramatization of evil” Labeling
has been called one of the most prominent theories in criminology

Once a woman enters into prostitution, often as a result of difficulties in childhood or

her teen years, often coerced by relatives or pimps, it is very difficult for her to exist out of
this lifestyle. This is where the labeling theory enters into the picture. Once labeled as
promiscuous, or as a sex worker by the police or peers, the road to a normal way of life for
such a person is often difficult and virtually impossible to navigate out successfully.

The labeling theory may apply especially in the case of transgendered prostitutes who are
doubly stigmatized both by their gender differences and their prostitution, where they
experience a “host of issues ranging from sexual identity conflict, shame and isolation.2

CRIMES ASSOCIATED WITH PROSTITUTION

Assault
Prostitutes in the course of business are exposed to all sorts of violence. A prostitute is a
frequent target of physical and sexual assaults. From survey and research done, we can see that
physical assault is associated with prostitution. Prostitutes take physical abuses as part of their
lifestyle and they are trained to accept the situation helplessly3. The main perpetrators of this
crime are the pimps, clients, corrupt law enforcement agents and random strangers. Sometimes,
the prostitute is assaulted in a bid to deprive her of money (after having sexual intercourse) and
sometimes the prostitute is forced to perform different forms of degrading sexual acts.
Generally, a prostitute lives the life of hustling and the nature of their job requires submission.

Rape

2Theories and criminological perspective of prostitution,

http://martinslibrary.blogspot.com/2013/01/theories-and-criminological-perspective.html
3 Mim H. Sobert and Ayalam. Pines, Early Sexual Exploitations as an influence to prostitution work, (1983), p 285.
Black’s law Dictionary defines rape as unlawful sexual intercourse with a person without
consent. It is also termed sexual assault, sexual abuse and sexual battery. For the offence of
rape, “force” need not be a criterion. So force, truly speaking, is not an element of rape in the
commission of the crime.

Prostitutes are the major targets of rapists, and based on the different surveys carried out, we
can see that prostitutes are more often then not, prone to the unfortunate attack, especially
where the law is prejudicial towards them.

Murder
Prostitutes are killed every day by serial killers, clients, pimps, fanatic religious activities,
etc.4

ATTITUDE TOWARDS PROSTITUTION AND RAPE

MYTHS

The authors examine the relationship between attitudes towards prostitution and acceptance
of rape myths. They suggest that both rape and prostitution myths are part of a cultural milieu
that normalizes violence against women. Prostitution myths are those which justify the
existence of prostitution, promote misinformation about prostitution and prostituted women,
and contribute to a social climate that exploits and harms not only prostituted women but all
women.it is violence against women is “associated with culturally supported attitudes that
encourage men to feel entitled to sexual access to women, to feel superior to women, or to
feel that they have license as sexual aggressors.5

4 Theories and criminological perspective of prostitution,

http://martinslibrary.blogspot.com/2013/01/theories-and-criminological-perspective.html
5 Ann Cotton, Melissa Farley, and Robert Baron

Journal of Applied Social Psychology

2000 32(9) pp 1790 - 1796
CONTOURS OF THE SEX INDUSTRY

The sex industry refers to the workers, managers, owners, marketers, agencies, clubs, and trade
association involved in sexual commerce, both legal and illegal varieties. Sex work involves
the exchange of sexual services for material compensation as well as the selling of erotic
performances or products. It includes acts of direct physical contract between buyers and sellers
as well as indirect sexual stimulation.
Sex for sale is a lucrative growth industry. In 2006 alone, Americans spent $13.3 billion on X-
rated magazines, videos and DVDs, live sex shows, strip clubs adult cable television films,
computer pornography, and commercial telephone sex, and the estimated earnings for these sex
sectors in the 16 nation where data were available in 2006 was $97 billion. 6

CRIMINALISATION, LEGALISATION AND

DECRIMINALISATION IN PROSTITUTION

➢ CRIMINALISATION
Criminalisation makes prostitution illegal with related offences appearing in the criminal code.
It seeks to reduce or eliminate the sex industry and is supported by those who are opposed to
Prostitution on moral, religious or feminist grounds. Jurisdictions that have criminalised
Prostitution subdivide into two groups:

1. Prohibitionist
Where all forms of prostitution are unacceptable and therefore illegal. This is the approach
taken in most states of the USA and countries in the Middle East.

2. Abolitionist
A modified form of prohibition which allows the sale of sex, but bans all related activities
(e.g. soliciting, brothel keeping, and procurement). The abolitionist approach often focuses on
eliminating or reducing the negative impacts of prostitution. It is one currently operating in

6 Ronald John Weitze, NYU Press, legalizing prostitution p 03,04

countries such as England and Canada.

➢ LEGALISATION
This is where prostitution is controlled by government and is legal only under certain state-
specified conditions. The underlying premise is that prostitution is necessary for stable social
order, but should nonetheless be subject to controls to protect public order and health. Some
jurisdictions opt for legalisation as a means to reduce crimes associated with prostitution.
Prostitution has been legalised in countries such as the Netherlands, Germany, Iceland,
Switzerland, Austria, Denmark, Greece, Turkey, Senegal, the USA state of Nevada, and many
Australian states (Victoria, Queensland, ACT and Northern Territory).

➢ DECRIMINALISATION
Decriminalisation involved repeal of all laws against prostitution, or the removal of
provisions that criminalised all aspects of prostitution. In decriminalised regimes, however, a
distinction is made between (i) voluntary prostitution and (ii) that involving either force and
coercion or child prostitution – the latter remaining criminal. The aims of decriminalisation
differ from legalisation in their emphasis. While the protection of social order is also relevant
to decriminalisation, the main emphasis here is on the sex worker – respecting their human
rights, and improving their health, safety and working conditions. Decriminalisation is also
recognised as a way of avoiding the two-tier reality of legal and illegal operations, with the
latter operating underground. 7

CONCLUSION

Prostitution is such an activity that harms nobody. Legalizing prostitution will serve the
society in better way because that will tend the police to direct their efforts towards
preventing and solving actual crimes which involves clear exploiter and victims and that will
help the cause of justice.

7Dr Elaine Mossman, Crime and Justice Research Centre

Victoria University of Wellington, October 2007 p 05,06