Why Prostitution Should Stay Criminalized in The Philippines

Prostitution, a form of sexual exploitation and violence against women and girls, is a human
rights violation. It commodifies, objectifies, and dehumanizes individuals who are being sold
within the system. The system thrives due to gender inequality, poverty, and lack of respect for
women’s human rights. Prostitution exists in various forms, including street solicitation, bars,
brothels, sex tourism, and cybersex.

Why Prostitution Should Stay Criminalized in The Philippines: Legalizing prostitution could have
detrimental effects on society, including increased crime rates, violence against women, and the
breakdown of family units. Prioritizing safety, combatting societal harms, and addressing root
causes such as poverty and lack of opportunities are crucial steps in promoting a healthier
society. Remember that this is just an introduction, and further research will delve deeper into
the complexities and implications of criminalizing or legalizing prostitution in the Philippines.

Criminalizing prostitution is essential to protect vulnerable individuals, combat gender-

based violence, and promote a healthier society.

Human Rights Violation: Prostitution is a grave human rights violation. It commodifies,

objectifies, and dehumanizes individuals who are being sold within the system. Women, men,
and children are subjected to exploitation, reinforcing gender inequality and perpetuating
harmful stereotypes.

The Role of “Demand”: The primary driving force behind prostitution is “demand” the customer’s
desire for sex or sexual exploitation. If there were no buyers, the supply of victims would
significantly decrease. Unfortunately, many vulnerable individuals, including women and girls,
are lured into prostitution.

Complex Socio-Cultural and Economic Factors: Prostitution thrives due to socio-cultural and
economic factors such as poverty, lack of education, unemployment, and power imbalances.
Those with more resources exploit vulnerable people, leading them into prostitution. Women
often enter this system due to limited options and conditions of inequality set by paying
customers.

Legal Approach: The Anti-Prostitution Law aims to address this issue by penalizing the real
culprits the traffickers, pimps, customers, and exploiters while decriminalizing those who are
exploited within the system. Shifting criminal liability to those who exploit people in prostitution
can promote women’s rights and gender equality in the country.

Detrimental Effects of Legalization: Legalizing prostitution could have detrimental effects on

society, including increased crime rates and violence against women. A study by the Philippine
Commission on Women revealed that 1 in 4 women in the Philippines has experienced violence
at some point in their lives.
 (thesis statement) Legalizing prostitution in the Philippines poses multifaceted challenges
and risks that outweigh perceived benefits. Firstly, it could exacerbate the issue of human
trafficking and exploitation, particularly of vulnerable populations like women and children.
Legalization might further commodify individuals, increasing trafficking for sexual exploitation.
Additionally, there are significant public health concerns, as legalization could lead to the spread
of sexually transmitted infections due to unsafe practices in unregulated sex work. This poses
risks not only to sex workers and their clients but also to the wider community. Moreover,
legalizing prostitution could perpetuate societal stigma and moral concerns, contributing to the
objectification and exploitation of individuals. It may undermine efforts to promote gender
equality and combat violence against women by normalizing the commodification of women's
bodies.
Furthermore, it could have adverse social and economic consequences, including the
breakdown of traditional family structures, increased substance abuse, and psychological harm
to children growing up in environments where prostitution is normalized. Ethical considerations
also come into play, as legalizing an industry inherently involving the sale of sexual services
raises questions about consent, autonomy, and the dignity of individuals. It may not adequately
address the underlying issues of poverty, inequality, and lack of opportunities driving individuals
into sex work. While proponents may argue for regulation and control to mitigate some harm,
the risks and negative consequences of legalization in the Philippines are substantial. Instead,
efforts should focus on addressing root causes such as poverty and inequality while providing
comprehensive support and alternatives for those engaged in sex work.

In the Philippines, engaging in prostitution is governed by legal provisions. Here are

some relevant laws:

Article 341 of the Revised Penal Code (RPC), as amended by B.P. Blg. 186, imposes a
penalty of imprisonment from 8 to 12 years upon any person who engages in the business of
prostitution or profits from it, or who enlists the services of others for prostitution.

Article 202 of the RPC states that prostitution is punishable with a minor arrest or a fine not
exceeding P200. Repeat offenders can face a penalty ranging from P200 to P2,000 or serve a
prison sentence of up to four years and two months.

Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003) criminalizes trafficking in
persons, including those involved in prostitution. It prescribes penalties of 20 years to life
imprisonment and fines.

Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012) strengthens
the fight against human trafficking, including sexual exploitation. It provides for penalties of life
imprisonment and fines.
Republic Act No. 10158 (An Act Decriminalizing Vagrancy) aims to protect the rights of
marginalized individuals, including sex workers. It decriminalizes vagrancy and provides for
rehabilitation programs.
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act) specifically addresses child prostitution. It imposes penalties on those who
exploit children for sexual purposes.

Reference:
PCW-WPLA-Policy-Brief-9-Anti-Prostitution.pdf
PCW-WPLA-PB-05-Enacting-the-Anti-Prostitution-AEB.pdf
What is the legality of prostitution in Philippines? - 2024 Laws and Regulations
(legalitylens.com)
Why Prostitution Should Not Be Legalized in the Philippines: Implications and Consequences –
Signcity (signcitysa.com)
In PH, legal limbo further marginalizes sex workers – The LaSallian

In summary, legalizing prostitution in the Philippines would pose serious risks without offering
clear benefits. It could worsen human trafficking and exploitation, increase public health
problems, and perpetuate societal stigma against women. Additionally, it may lead to social and
economic issues like family breakdown and substance abuse. Ethically, it raises concerns about
consent and dignity.

Instead of legalization, efforts should focus on addressing root causes like poverty and
inequality while providing support and alternatives for those in sex work. By prioritizing
prevention, protection, and prosecution strategies, alongside comprehensive social and
economic support, society can better combat exploitation and violence while upholding the
rights and dignity of all individuals.