BY: JONAH KARAFIOL ’26 AND LUKE WAGNER ’26
Jonah Karafiol ’26: Prostitution is a practice built upon exploitation, impossible to guarantee safety for its workers. It is vital that the United States ban prostitution to protect those at risk. Luke Wagner ’26: Of course, the practice has undeniable flaws. But we cannot solve these issues by simply banning it. The legalization of prostitution will allow people to more safely engage in the practice. By allowing the government to enforce regulations, it will increase protections for both the customers and the sex workers. JCK: Prostitution is a practice that generally allows men to take advantage of low-income women, with over 80% of the world’s prostitutes identifying as female. These women turn to prostitution as a way to make ends meet—and typically not by choice. Commercialized sex is incredibly dangerous, as it opens the door for sexual assault and abuse—82% of prostitutes have reported instances of assault at work. The most efficient and secure way to ensure the safety of these women would simply be to outlaw the practice in its entirety. LCW: Yet if the government were to legalize prostitution, they would be able to intermediate sexual assault cases that involve prostitution, and further increase protections for victims rather than turning a blind eye. States began to legalize recreational marijuana for similar reasons—it allowed state governments to enact regulations to limit the harms of weed abuse. Examples of regulating prostitution could include setting quantifiable standards for prostitution business, instituting regular checks on the quality of treatment for prostitutes, and monitoring the practice and how prevalent it is in different demographic areas. Similarly to how the government now tracks marijuana, the government will be able to follow prostitution and intervene when needed. JCK: The argument that legalizing prostitution would make it safer falters on the ground of precedent set by similar industries. Even though weed is legal in 21 states, third-party vendors still run rampant. Because it is virtually impossible to control all methods of solicitation, the only way to make prostitution safe is by banning it. Moreover, Nevada, the only state where prostitution is legal, leads the country in population-adjusted sex trafficking cases. There are 63% more cases in Nevada than in New York, the next highest state. The idea that legalizing prostitution will make sex work safer is a fallacy. LCW: If prostitutes were able to easily obtain regular jobs, they would. Some of the most common reasons for why people go into prostitution is a result of familial abuse, truancy, and delinquency, all which typically happen at a very young age. Many people go into the practice because they view it as their only option to make a living. As generally a primary source of income, banning prostitution would put around 1-2 million people out of employment. Government-banned prostitution would not stop illegal prostitution as people will inevitably engage in the activity regardless of its legality. Instead of completely outlawing this institution, regulating it, including setting standards and requirements for prostitution business, could both improve the job security and living standards of those already involved in the practice. JCK: But the practice is the very reason why prostitutes need help in the first place. Instead of providing reactionary options to a faltered institution, we should look at what is encouraging people to become prostitutes. People often turn to prostitution out of lack of other viable income sources or lifestyles. Free mental health centers, increased post-secondary planning resources, and larger college financial aid packages are all ways to improve the chances that at-risk teenagers attend college and obtain steady jobs. This would open up many job opportunities that are safer than prostitution—a college degree can easily disqualify prostitution as the best available option. LCW: Yet while it is true that prostitution is an incredibly dangerous profession that many people enter out of necessity, banning prostitution would set the precedent that the U.S. government has authority over individual bodies. This can easily go down an endless rabbit hole, as we have already seen attempts at restricting women’s reproductive rights and limiting personal freedoms altogether. Rather, legalizing prostitution gives prostitutes the ability to take ownership and capitalize off their own bodies, in ways of their own agency. Women should not have to live in fear as they illegally engage in prostitution. Rather, it should be legalized to create a safer environment for everyone involved. Not only will the legalization of prostitution make the practice safer, but it will allow people to reclaim their bodies. JCK: Prostitution legislation would regulate a transaction between individuals. These laws would prevent people from selling their bodies to another person for a period of time. This is a sanction on the transaction, not the body. Therefore, it would not set the precedent that the government could regulate individuals’ bodies, since the enacted legislation would only concern the monetary aspect of prostitution and not the bodily component. LCW: I firmly believe that prostitution should be made legal in the United States. Federally criminalizing prostitution would grant the government the power to regulate our bodies and drive the profession, as well as currently employed prostitutes, further underground. Rather, the government should legalize the practice for our autonomy and prostitutes’ safety. JCK: I firmly believe that prostitution should be illegal in the United States. It is a profession that allows wealthy men to take advantage of women in need. It is impossible for women to practice prostitution safely—therefore, it must be made illegal. Jonah Karafiol ’26 (jonahkarafiol@college.harvard.edu) and Luke Wagner ’26 (lukewagner@college.harvard.edu) write Forum for the Independent. |