Difference between revisions of "Prostitution" - New World Encyclopedia

From New World Encyclopedia
(copied from wikipedia)
Line 3: Line 3:
 
[[Category:Sociology]]
 
[[Category:Sociology]]
  
 +
[[Image:0405.Annabell 002.jpg|thumb|right|220px|A [[sex worker]] in Germany.]]
 +
The term '''prostitution''' refers to the act of having [[sexual intercourse]] or performing other sexual acts, explicitly for material compensation—normally money, but also other forms of property, including [[drugs]], expensive [[clothing]], [[jewelery]], or [[real estate]]. Having multiple clients at the time is not required for being classified as prostitute, but normally is included; a woman who engages in sexual intercourse with one man for support may be distinguished as a [[Mistress (lover)|mistress]]. The term may be used, loosely, to indicate someone who engages in sexual acts that are disapproved of — whether acts outside of marriage, or as a means to an [[affluent]] life style or the [[status]] associated with the customer (sometimes inside marriage). Cultural usage varies widely, and the use of the term as a pejorative means that it is used to indicate many acts that are not formally considered prostitution in a cultural context.
  
 +
Most prostitutes are [[women]] who offer their services to [[men]], although there are [[male prostitutes]] as well.
  
[[Image:JMR-Memphis1.jpg|thumb|right|250px|Equality and the balancing of our interests under law is symbolised by a blindfold and weighing scales]]
+
==Terminology==
 +
The English word '''whore''', referring to (female) prostitutes, is taken from the [[Old English]] word ''hōra'' (from the Indo-European root ''[[kā]]'' meaning "desire") but usage of that word is widely considered [[pejorative]] and ''prostitute'' is considered a less value-laden term. The French euphemism '''grande horizontale''' is sometimes used; on the other hand, in [[Germany]] most prostitutes' organizations deliberately use the word ''Hure'' (whore) since they feel that ''prostitute'' is a bureaucratic term and an unnecessary [[euphemism]] for something not in need of euphemisms. See also: [[call girl]], [[courtesan]], [[escort]], female companion.
 +
[[Image:The Procuress.jpg|right|thumb|"The Procuress" by [[Dirck van Baburen]]]]
 +
Male prostitutes offering their services to male customers are called  "escorts", "hustlers", "rent boys", "punks" (US), "trade," or "boy toys." Male prostitutes offering services to female customers are comparatively rare and are known as "escorts" or "'''gigolos'''." 
  
{{dablink|For other senses of this word, see [[Law (disambiguation)]].}}
+
Organisers of prostitution are typically known as '''[[pimp]]s''' (if male), '''[[madam]]s''' (if female), and [[mama-san]]s if female and Asian. More formally, they practice [[Procuring (prostitution)|procuring]], and are procurers, or procuresses.
  
'''Law''' has been defined as a "system of rules"<ref name="hhc">{{cite book |last=Hart |first=H.L.A. |authorlink=H.L.A. Hart |title=[[The Concept of Law]] |year=1961 |publisher=Oxford University Press |isbn=ISBN 0-19-876122-8 }}</ref>, as an "interpretive concept"<ref name="rdl">{{cite book |last=Dworkin |first=Ronald |authorlink=Ronald Dworkin |title=Law's Empire |year=1986 |publisher=Harvard University Press |isbn=ISBN-10: 0674518365 }}</ref> to achieve justice, as an "authority"<ref name="jra">{{cite book |last=Raz |first=Joseph |authorlink=Joseph Raz |title=The Authority of Law |year=1979 |publisher=Oxford University Press }}</ref> to mediate people's interests, and even as "the command of a sovereign, backed by the threat of a sanction"<ref name="jap"> {{cite book |last=Austin |first=John |authorlink=John Austin (legal philosopher) |title=The Providence of Jurisprudence Determined |year=1831 |publisher= |location= |isbn= }}</ref>. The numerous ways law might be thought of reflects the numerous ways law comes into everyone's lives. [[Contract law]] governs everything from buying a bus ticket, to obligations in the workplace. When buying or renting a house, [[property law]] defines people's rights and duties towards the bank, or landlord. When earning pensions, [[trust law]] protects savings. [[Tort law]] allows claims for compensation when someone or their property is [[harm principle|harmed]]. But if the harm is criminalised, and the act is [[Intention (criminal)|intentional]], then [[criminal law]] ensures that the perpetrator is removed from society. Society itself is built upon law. [[Constitutional law]] provides a framework for making new laws, protecting people's [[human rights]] and [[election|electing]] political representatives. [[Administrative law]] allows ordinary citizens to challenge the way government bodies exercise their power. Between different societies, [[Law#International law|international law]] builds bridges, so that people everywhere can lead better lives. "The [[rule of law]]," wrote the philosopher [[Aristotle]] in 350B.C.E., "is better than the rule of any individual."<ref>[[Aristotle]] (c.350B.C.E.) [http://www.gutenberg.org/dirs/etext04/tgovt10.txt ''Politics: A Treatise on Government''] Book 3, Ch. XVI n.b. this translation reads, "it is more proper that law should govern than any one of the citizens"</ref>
+
Another generalisation is using the term or an equivalent to mean any form of earning well in an unscrupulous degrading manner, e.g., '[[quote whore]]', '[[media whore]]'. The term ''pimp'' is also sometimes similarly used figuratively, as in [[poverty pimp]], or as a word that means ''improve'' or ''fix''.
  
The study of law raises important questions about [[Egalitarianism|equality]], [[fairness]] and [[justice]]. This is not always simple. "In its majestic equality," wrote the author [[Anatole France]] in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."<ref>[[Anatole France|France, Anatole]] (1894) ''The Red Lily'' (''Le lys rouge'') n.b. the original French is, "La loi, dans un grand souci d'égalité, interdit aux riches comme aux pauvres
+
Prostitutes are stigmatised in most [[society|societies]] and [[religion]]s; their customers are typically stigmatised to a lesser degree. The sexual counterparties of prostitutes are known as '''clients''' in [[Quebec]], Canada, '''johns''' in the [[United States]] and either clients or '''punters''' in the UK {{fact}}, whilst in [[Sweden]] they are known as "Torskar", which means ''[[cod]]'' or ''[[loser]]'' {{fact}}. In some places, men who drive around [[red-light districts]] for the purpose of [[soliciting]] prostitutes are also known as [[kerb crawler]]s.
de coucher sous les ponts, de mendier dans les rues et de voler du pain."</ref> Every [[Legal systems of the world|legal system]] elaborates legal rights and responsibilities in different ways. Most countries have a codified system of [[civil law (legal system)|civil law]] which is regularly updated by governments. Many others use [[common law]] which develops through judicial precedent. Small numbers of countries still base their law on [[religious law|religious texts]]. But in all places there is a rich [[legal history|history]] to law, with deep [[philosophy of law|philosophical]] ideas underpinning it. Law raises pressing [[economic analysis of law|economic]] issues, just as intense [[politics|political]] battles are fought to mould law throughout its [[Law#Legal institutions|institutions]]. [[Legal profession|Professionals]] are usually trained to give people [[solicitor|advice]] about their legal rights and duties and [[barrister|represent]] them in [[court]]. But despite the complexity, law is a highly rewarding study. The word ''law'' derives from the late [[Old English language|Old English]] ''lagu'', meaning something laid down or fixed. <ref>see [http://www.etymonline.com/index.php?search=law&searchmode=none Etymonline Dictionary]</ref>
 
  
==Legal subjects==
+
==Overview==
All legal systems deal with similar issues that recur throughout society, although different categories and names may be given. Moreover, there are certain core subjects, that students are required to learn in order to practise law. For example, in England these are [[criminal law]], [[contract]], [[tort]], [[property law]], [[trusts|equity and trusts]], [[constitutional law|constitutional]] and [[administrative law]] and [[European Union law|European Community Law]]. Sometimes people distinguish "[[public law]]", which relates closely to the [[state]] (including constitutional, administrative and criminal law), from "[[private law]]", which can include contract, tort, property and many further disciplines. In [[civil law]] systems contract and tort would fall under a general [[law of obligations]] and trusts law is dealt with under statutory regimes or [[Hague Convention on the Law Applicable to Trusts and on their Recognition|international conventions]]. Outside Europe, students may focus on different regional agreements, such as [[NAFTA]], [[SAFTA]], [[South American Community of Nations|CSN]], [[ASEAN]] or the [[African Union]]. But it is the unity and the things that all legal systems have in common, not the differences, that is the most remarkable feature of law in today's world.
+
Prostitution occurs in many varied and different settings.
  
===International law===
+
In '''[[street prostitution]]''' the prostitute [[solicitation|solicit]]s customers while waiting at street corners or "walking the street".
{{Main|Public international law|Conflict of laws|European Union law}}
 
[[Image:Naciones_Unidas_3.jpg|right|thumb|150px|Providing a constitution for public international law, the United Nations was conceived during World War II]]
 
In a global economy, law is [[globalisation|globalising]] too. International law can refer to three things, public international law, private international law or conflict of laws and the law of supranational organisations.
 
  
* '''[[Public international law]]''' concerns the relationships between sovereign nations. The [[United Nations]], founded under the [[UN Charter]] and the [[Universal Declaration of Human Rights]] is the most important international organisation. It was established after the failure of the [[Versailles Treaty]] and [[World War II]]. Other international agreements, like the [[Geneva Conventions]] on the conduct of war and international bodies such as the [[International Labour Organisation]], the [[World Trade Organisation]], or the [[International Monetary Fund]] also form a growing part of public international law.
+
'''[[Brothels]]''' are establishments specifically dedicated to prostitution, often confined to special [[red-light district]]s in big cities. Other names for brothels include Bordello, Whorehouse and Cathouse.  Prostitution also occurs in some [[massage]] parlours, and in Asian countries in some [[barber]] shops where sexual services may be offered for an additional tip.
  
* '''[[Conflict of Laws]]''' (or "private international law" in [[Civil law (legal system)|civil law]] countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today businesses are increasingly capable of shifting [[capital]] and [[labour]] supply chains across borders, as well as trading with overseas businesses. This increases the number of disputes outside a unified legal framework and the enforceability of standard practices. Increasing numbers of businesses opt for commercial arbitration under the [[Convention on the Recognition and Enforcement of Foreign Arbitral Awards|New York Convention 1958]].
+
In '''escort''' prostitution, the act takes place at the customer's place of residence or more commonly at his or her hotel room (currently referred to as "'''out-call'''"), or at the escort's place of residence or in a hotel room rented for the occasion by the escort (called "incall"). This form of prostitution often shelters under the umbrella of [[escort agency|escort agencies]], who ostensibly supply attractive escorts for social occasions. While escort agencies claim never to provide sexual services, very few successful escorts are available exclusively for social companionship.  Even where this prostitution is legal, the euphemistic term "escort service" is common. (See [[call girl]]) In the US, escort agencies advertise frequently on the [[World Wide Web]] and example advertisements can be readily found on any major search engine and on open forum sites such as [[Craigslist]]. In the case of prostitutes using the internet to place ads, or prospective customers advertising for a prostitute, a long list of abbreviations and "code words" are used to describe how much a service may cost, or what specific act is being requested (see [[List of prostitution-related jargon terms]]).
  
* '''[[European Union law]]''' is the first and only example of a [[supranationalism|supranational]] legal framework. However, given increasing global economic integration, many regional agreements, especially the [[South American Community of Nations]], are on track to follow the same model. In the EU, sovereign nations have pooled their authority through a system of [[European Court of Justice|courts]] and [[European Parliament|political institutions]]. It constitutes "a new legal order of international law"<ref>{{cite web | title = C-26/62 ''Van Gend en Loos v. Nederlanse Administratie Der Belastingen'' | url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML | accessdate = 2007-01-19 }}
+
Some escorts may work independently of an agency (indies). This is achieved by advertising the services on offer directly in newspapers, magazines or the internet. Communication with clients is usually made on a telephone and appointments are negotiated without any third party involvement. In some cases advertising may not be necessary if the prostitute sells her services only within a select group, such as a female university student prostituting herself to her male classmates out of economic necessity <ref>[http://iwpr.net/?p=bcr&s=f&o=245728&apc_state=henibcr1999/ </ref>.
</ref> for the mutual social and economic benefit of the member states.
 
  
===Constitutional and administrative law===
+
In '''[[sex tourism]]''', travellers from rich countries travel to poorer countries such as [[Thailand]] in search of sexual services that may be unavailable in their own countries, or simply too expensive there. Other popular sex tourism destinations are [[Brazil]], the [[Caribbean]], and former [[eastern bloc]] countries.
{{Main|Constitutional law|Administrative law}}
 
[[Image:Supreme_Court_October_2005.jpg|thumb|left|150px|The [[Supreme Court of the United States|U.S. Supreme Court]] and the US President]]
 
Constitutional and administrative law govern the affairs of the state. [[Constitutional law]] governs the relationships between the [[executive]], [[legislature]] and [[judiciary]]. [[Human rights]] or [[civil liberties]] also form part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the [[United States of America|United States]] and [[France]], have a single codified constitution, with a [[Bill of Rights]]. A few, like the United Kingdom, have no such document; in those jurisdictions the constitution is composed of [[statute]], [[case law]] and [[Constitutional conventions|convention]]. A case named ''[[Entick v. Carrington]]''<ref>''[[Entick v. Carrington]]'' (1765) 19 Howell's State Trials 1030</ref> illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sherrif Carrington. Carrington argued that a warrant from a Government minister, the [[George Montague-Dunk, 2nd Earl of Halifax|Earl of Halifax]] was valid authority, even though there was no statutory provision or court order for it. The court, led by [[Charles Pratt, 1st Earl Camden|Lord Camden]] stated that,
 
  
<blockquote>"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."</blockquote>
+
The setting common in [[Russia]] and other countries of the former USSR takes the form of an open-air girl market. One prostitute stands by a roadside, and directs cars to a so-called "tochka" (usually located in alleyways or carparks), where lines of women are paraded for customers in front of their car headlights. The client selects a prostitute, whom he takes away in his car. This leaves the woman (often very young girls) particularly open to abuse. Prevalent in the late 1990s, this type of service has been steadily declining in the recent years.
  
Inspired by [[Two Treatises of Government|John Locke]],<ref>[[John Locke|Locke, John]] (1690)''[[Second Treatise on Government]]'' Chapter 9, Line 124</ref> the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law. [[Administrative law]] is the chief method for people to hold state bodies to account. People can apply for [[judicial review]] of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the ''[[Conseil d'Etat]]'' set up in 1799, as [[Napoleon]] assumed power in [[France]].
+
A "'''lot lizard'''" is a commonly-encountered special case of street prostitution. Lot lizards mainly serve those in the [[Semi-trailer truck|trucking industry]] at [[truck stop]]s and stopping centers. Prostitutes will often proposition [[trucker]]s using a [[CB radio]] from vehicle parked in the non-commercial section of a truck stop parking lot, communicating through codes based on commercial driving slang, then join the driver in his truck.  
  
===Criminal law===
+
===Street prostitution===
{{Main|Criminal law}}
+
[[Image:Prostituierte strassenstrich 2005-11-18.jpg|right|thumb|A [[stereotype|stereotypical]] street-walker in Germany.]]
[[Image:Newgate - cell and galleries from The Queen's London - a Pictorial and Descriptive Record of the Streets, Buildings, Parks and Scenery of the Great Metropolis, 1896.JPG|thumb|right|150px|An example of where criminals are sent after a conviction, [[London]]'s [[Newgate Prison]] in 1896]]
+
{{main|Street prostitution}}
Criminal law is the most familiar kind of law from the papers, or news on TV, despite its relatively small part in the legal whole. In every jurisdiction, a crime is committed where two elements are fulfilled. First, the criminal must have the requisite [[Intention (criminal)|malicious intent]] to do a criminal act, or ''[[mens rea]]'' (guilty mind). Second, he must commit the criminal act, or ''[[actus reus]]'' (guilty act). Examples of different kinds of crime might include [[murder]], [[assault]], [[fraud]] or [[theft]]. Defences can exist to some crimes, such as killing in [[Self-defense (theory)|self defence]], or pleading [[Insanity defense|insanity]]. A famous case in 19th century England, [[Regina v. Dudley and Stephens|''R v. Dudley and Stephens'']] <ref>''[[Regina v. Dudley and Stephens]]'' ([1884] 14 QBD 273 DC)</ref> involved the defence of "[[necessity]]". The ''Mignotte'', sailing from [[Southampton]] to [[Sydney]], sank. Three crew members, and a cabin boy, were stranded on a raft. They were starving, the cabin boy close to death. So the crew killed and [[cannibalism|ate]] the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. [[John Coleridge, 1st Baron Coleridge|Lord Coleridge]], expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." They were sentenced to [[hanging|hang]]. Yet public opinion, especially among sea farers was outraged and overwhelmingly supportive. In the end, the [[Royal prerogative|Crown]] commuted their sentences to six months.
 
  
Criminal matters are considered to be offences against the whole community, rather than the individual victims. Hence the government takes the lead in prosecution, cases are cited as "The People v. ..." or "R. v. ..." and in many countries, lay [[jury|juries]] determine the guilt of defendants on points of fact (but not the law itself). In some areas, criminal law is moving towards [[strict liability]], so that malicious intent need not be proven. In the case of [[pollution|environmental harm]], or [[corporate manslaughter]] by big business, strict liability can mean company directors can still be criminally responsible for orders carried out by staff. Some developed countries still have [[capital punishment]] and [[torture]] for criminal activity, but the normal punishment for a crime will be [[prison|imprisonment]], fines, or [[community service]]. On the international field most countries have signed up to the [[International Criminal Court]], which was set up to try people for [[crimes against humanity]].
+
In street prostitution, the prostitute solicits customers while waiting at street corners, usually dressed in skimpy clothing. Street prostitutes are often called "street walkers" while their customers are referred to as "tricks" . The act is performed in the customer's car, in a nearby alley, or in a rented room (motels that service prostitutes commonly rent rooms by the half or full hour).
 +
<p><p><p>
  
===Contract===
+
===Escort/Out-call prostitution===
{{Main|Contract}}
+
[[Image:Phone box prostitute calling cards 1.jpg|left|thumb|[[Calling card]]s in a British [[telephone booth|phone box]] advertising the services of [[call girl]]s]]
[[Image:carbolic_smoke_ball_co.jpg|thumb|left|150px|The Carbolic Smoke Ball offer, which [[bankrupcy|bankrupted]] the Co. because it could not fulfill the terms it advertised]]
+
{{main|Call girl}}
Contract is based on the Latin phrase ''[[pacta sunt servanda]]'' (promises must be kept)<ref>Wehberg, Hans (Oct., 1959) ''Pacta Sunt Servanda,'' The American Journal of International Law, Vol. 53, No. 4 , p.775; access at [http://links.jstor.org/sici?sici=0002-9300%28195910%2953%3A4%3C775%3APSS%3E2.0.CO%3B2-6&size=SMALL JSTOR]</ref>. Almost everyone makes contracts everyday. Contracts can be made orally (e.g. buying a newspaper in a shop) or in writing (e.g signing a contract of employment). Sometimes [[statute of frauds|formalities]], such as writing the contract down or having it witnessed, are required for the contract to take effect (e.g. when buying a house<ref>e.g. In England, s.52 Law of Property Act 1925</ref>).  
+
Escort agencies typically advertise in regional publications and even telephone listings like the [[Yellow Pages]]. Many maintain websites with photo galleries of the employees. An interested client contacts an agency by telephone and offers a description of what kind of escort they are looking for. The agency will then suggest an employee who might fit that client's need.
  
In common law jurisdictions there are three key elements to the creation of a contract. These are [[offer and acceptance]], [[consideration]] and an intention to create legal relations. For example, in ''[[Carlill v. Carbolic Smoke Ball Company]]''<ref>''[[Carlill v. Carbolic Smoke Ball Company]]'' [1893] 2 QB 256</ref> a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, buyers would get £100. Lots of people sued for their £100 when it did not work. Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was merely an [[invitation to treat]], or mere puff, a gimmick. But the court of appeal held that to a [[reasonable man]] Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said [[Nathaniel Lindley, Baron Lindley|Lord Justice Lindley]], "here is a distinct promise expressed in language which is perfectly unmistakable".
+
The agency collects the client's contact information and calls the escort. Usually, to protect the identity of the escort and ensure effective communication with the client, the agency arranges the appointment. Sometimes it may be up to the escort to contact the client directly to make arrangements for location and time of an appointment. If the agency does not supply transport to and from the client, the escort is also expected to call the agency upon arrival at the location and again upon leaving to assure his or her safe completion of the booking.
  
In [[civil law]] jurisdictions, consideration is not necessarily a requirement for a contract.<ref>e.g. In Germany, [http://dejure.org/gesetze/BGB/311.html § 311 Abs. II] [[BGB]]</ref> "Consideration" means all parties to a contract must exchange something of value to be able to enforce it. In France, for instance, an ordinary contract is said to form simply on the basis of a 'meeting of the minds' or a 'concurrence of wills'. Yet in some common law systems, like Australia, the concept of ''culpa in contrahendo'' or estoppel is increasingly used to create obligations during pre-contractual negotiations.<ref>''Austotel v. Franklins'' (1989) 16 NSWLR 582</ref> Germany has a special approach to contracts, which ties into property law. Their 'abstraction principle' (''Abstraktionsprinzip'') means that the personal obligation of contract forms separately to the title of property being conferred. When contracts are invalidated for some reason, e.g. a car buyer was so drunk that he lacked legal capacity to contract,<ref>[http://dejure.org/gesetze/BGB/105.html § 105 Abs. II] [[BGB]]</ref> the contractual obligation to pay can be invalidated separate from proprietary title of the car. [[Unjust enrichment]] law, rather than the law of contract, is then used to restore title to the rightful owner.
+
The purpose of these details is to attempt to protect the escort agency (to some degree) from prosecution for breaking the [[law]]. If the employee is solely responsible for arranging any illegal aspects of their professional encounter the agency could try to maintain [[plausible deniability]] should an [[arrest]] be made. However in practice, the use of undercover police evidence or the use of links to reviews of the agencies escorts usually results in this failing.  
  
===Tort===
+
Typically, an agency will charge their escorts either a flat fee for each client connection or a percentage of the prearranged rate. In San Francisco, it is usual for typical heterosexual-market agencies to negotiate for as little as $100, up to a full 50 percent of an escort's reported earnings (not counting any gratuity received). If they work independently doing either incalls or outcalls, prices can range from $200 to over $5,000 for more exclusive services. Most transactions occur in cash, and optional tipping of escorts by clients in most major US cities is customary but not compulsory. Credit card processing offered by larger scale agencies is often available for a service charge.
{{Main|Tort}}
 
Tort (also "[[delict]]") means 'civil wrong'. In order to have behaved tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple [[Bolton v. Stone|example]] might be accidentally hitting someone with a cricket ball.<ref>''[[Bolton v. Stone]]'' [1951] A.C. 850</ref> In the law of [[negligence]], the injured party has a claim. Another example might be a neighbour making excessively loud noises with machinery on his property.<ref>''Sturges v. Bridgman'' (1879) 11 Ch D 852</ref> Under a [[nuisance]] claim the noise could be stopped. Torts can also involve intentional acts, such as [[Assault (tort)|assault]], [[Battery (tort)|battery]] or [[trespass]]. Of the better known torts are [[defamation]], for example when a newspaper libels a politician<ref>e.g. concerning a British politician and the Iraq war, ''[[George Galloway|Galloway]] v. Telegraph Group Ltd'' [2004] EWHC 2786</ref> or economic torts, which form the basis of [[labour law]] in some countries by making trade unions liable for strikes,<ref>''[[Taff Vale Railway Co. v. Amalgamated Society of Railway Servants]]'' [1901] AC 426</ref> where statute does not provide immunity<ref>in the U.K., [[Trade Union and Labour Relations (Consolidation) Act 1992]]; c.f. in the U.S., [[National Labor Relations Act]]</ref>.
 
  
Negligence is the most common form of tort. Its principles are illustrated by ''[[Donoghue v. Stevenson]]''<ref>''[[Donoghue v. Stevenson]]'' [1932] AC 532</ref>. Mrs Donoghue ordered an opaque bottle of [[ginger beer]] in a cafe in [[Paisley]]. Having consumed half of it, she poured the remainder into a tumbler. The decomposing remains of a dead [[snail]] floated out. She fell ill and sued the manufacturer for carelessly allowing the drink to be contaminated. The [[House of Lords]] decided that the manufacturer was liable for Mrs Donoghue's illness, because (1) he owed Mrs. Donoghue a [[duty of care]] to provide safe drinks, (2) he [[Breach of duty in English law|breached]] his duty of care, (3) the harm would not have occurred [[causation (law)|but for]] his breach, and (4) his act was the [[proximate cause]], or not too [[remoteness|remote]] a consequence, of her harm.
+
Independent escorts, also known as providers, have differing fees depending on many factors. For example; different seasons bring about different costs (and differing levels of demand), as do regular and semi-regular customers. Some may charge by the hour, half hour or even in 15 minute blocks. Time extensions (if offered or requested) are usually priced at the same rate as the original booking.
 +
Some escorts pay another individual to act as their personal security, thus providing a level of protection to themselves from violent or abusive clients.
  
===Property law===
+
An escort who works less often may be able to command a premium for their exclusivity. One who sees several clients each day may charge less, but earn more in the end. A female university student working as a prostitute might charge less for [[sexual intercourse]] with male classmates in her dorm room, and more for clients from off-campus <ref>[http://iwpr.net/?p=bcr&s=f&o=245728&apc_state=henibcr1999/ </ref>.  Independent escorts might see clients for extended meetings involving dinner or social activities, whereas escorts who work through agencies generally provide only sexual services.
{{Main|Property law}}
 
[[Image:South Sea Bubble.jpg|200px|left|thumb|A painting of the [[South Sea Bubble]], one of the world's first ever [[speculation]]s and crashes, led to strict regulation on share trading]]
 
Property law governs everything that people call 'theirs'. [[Real property]], sometimes called 'real estate' or a right ''in rem'' refers to ownership of land and things attached to it.<ref>{{cite web | title=''Hunter v. Canary Wharf Ltd.'' (1997) 2 AllER 426 | url=http://www.publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htm}}</ref> [[Personal property]], or a right ''in personam'' refers to everything else; movable objects, like computers or sandwiches or intangible rights, like [[Share (finance)|company shares]] or a [[copyright]] on a song. The classic civil law approach to property, propounded by [[Friedrich Carl von Savigny]] is that it is a right good against the world. This contrasts to an obligation, like a contract or tort, which is a right good between individuals.<ref>[[Friedrich Carl von Savigny|von Savigny, Friedrich]], ''Das Recht des Besitzes'' (1803) See here [http://dlib-pr.mpier.mpg.de/m/kleioc/0010/exec/books/%22235083%22] for the German text</ref> Preferred in common law jurisdictions is an idea closer to an obligation; that the person who can show the best claim to a piece of property, against any contesting party, is the owner.<ref>Matthews, Paul, ''The Man of Property'' [1995] 3 Med Law Rev 251-274</ref> The idea of [[property]] raises important philosophical and political issues. [[John Locke]] famously argued that our "lives, liberties and estates" are our property because we own our bodies and [[Labour theory of property|mix our labour]] with our surroundings.<ref>[[John Locke|Locke, John]] (1690) ''[[Second Treatise on Civil Government]]'' Ch. 9, s. 123 available [http://www.gutenberg.org/etext/7370 here]</ref> But property is still a contentious concept. French philosopher [[Pierre Proudhon]] most famously proclaimed, "property is theft". <ref>{{cite book |last=Proudhon |first=Pierre |authorlink=Pierre Proudhon |title=[[What is Property?]] or An Inquiry into the Principle of Right and of Government (Qu'est-ce que la propriété? ou Recherche sur le principe du Droit et du Gouvernment)|year=1840 |url=http://www.gutenberg.org/etext/360 }}</ref>
 
  
Land law forms the basis for most kinds of property law, and is the most complex. It concerns [[mortgage]]s, [[leasehold estate|rental agreements]], [[license|licences]], [[covenant|convenants]], [[easements]] and the statutory systems for registration of land. Regulations on the use of personal property fall under [[intellectual property]], [[company (law)|company law]], [[trusts]] and [[commercial law]].
+
Whilst the vast majority of escort agencies are sex related, there are some non-sexual escort agencies, where escorts provide companionship for business and social occasions.
  
 +
===Sex tourism===
 +
{{main|Sex tourism}}
  
===Trusts and equity===  
+
[[Sex tourism]] is travelling for [[sexual intercourse]] with prostitutes or to engage in other sexual activity. The [[World Tourism Organization]], a specialized agency of the [[United Nations]] defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination". <ref name ="WTO">U.N. [[World Tourism Organization]] ''[http://www.world-tourism.org/protect_children/statements/wto_a.htm Statement on the Prevention of Organized Sex Tourism]''</ref>
{{Main|Trust law|Equity}} 
 
  
The trust is a form of ownership that developed in England through the courts of [[Chancery]]. It is part of a body of law known as 'equity'. Equity used to be administered by the English [[Lord Chancellor]] separately from common law courts. It operates on the basis of certain [[Maxims of equity|principles]] that remedied injustice that the common law created. Whereas at law, there may be only one owner of a piece of property, under a trust, the legal ownership of property is split. So called 'trustees' control the property, whereas the 'beneficial' (or 'equitable') ownership of the trust property is held by people known as 'beneficiaries'. Trusts are used mostly for holding large amounts of money. The most familiar kind of trust is a [[pension]] fund, where banks are trustees for people's savings until their retirement. Company law is [[The South Sea Company|historically based]] on the trust instrument. But trusts can also be set up for charitable purposes, famous examples being the [[British Museum]] or the [[Rockefeller Foundation]]. 
+
Often the term "sex tourism" is mistakenly interchanged with the term "child sex tourism". A tourist who has sex with a [[Prostitution of children|child prostitute]] possibly commits a crime against international law, in addition to the host country, and the country that the tourist is a citizen of. The term "child" is often used as defined by international law and refers to any person below the [[age of consent]].
   
 
Trustees owe things called equitable and [[fiduciary duties]] to the beneficiaries who they hold trust property for<ref>c.f. ''Bristol and West Building Society v. Mothew'' [1998] Ch 1</ref>. They must use the trust property for the benefit of the beneficiaries, rather than for themselves<ref>''Keech v. Sandford'' (1726) Sel Cas. Ch.61</ref>. Depending on the particular trust law of the jurisdiction, the nature of the trust property and the terms of the instrument that created the trust, the trustees will usually be expected to invest it or sell it<ref>''Nestle v. National Westminster Bank plc'' [1993] 1 WLR 1260</ref>, allow the beneficiaries to reside in it, or to transfer it to the beneficiaries absolutely.
 
  
===Further disciplines===
+
==Socio-economic and legal status of prostitution==
Law spreads far beyond the core subjects, into practically every area of life. Three categories are presented for convenience, though the subjects intertwine and flow into one another. Moreover these subjects may be of even greater ''practical'' importance than the traditional core subjects. The best way to grasp their importance is careful individual study.
+
There is  a superficial class divide between street walkers and high-end escorts. The services do tend to all be very similar. However, though locations may vary slightly, differences in price may be large. For example, a street-based sex worker who is paid $100 for sex may only take 30 seconds in the back seat of a client's car, however a [[brothel]] worker may have to do a full half-hour sex job for less.{{verify source}}
  
;Law and Society
+
The main difference in western countries between different forms of sex work is the legality. Street-based sex work is illegal in many countries. The enforcement of prostitution laws falls to [[police]] [[vice unit]]s.  Another major factor is migration status. [[Illegal immigrants]] from fellow western countries can travel freely and work without attention from authorities. However migrants such as [[Asians]], [[Eastern European]]s or citizens of countries in [[Latin America]] tend to be the focus of anti-trafficking attention and subject to being detained and deported. In [[Australia]] recent [[Senate]] inquiries have even heard about the un-investigated deportation of sex workers who may have actually been working legally in the sex industry. Although the motivation of many governmental and NGO efforts to end human trafficking in this way is sincere, some have levelled criticism at the amount of effort put in to ending the trafficking of women and children for sex when compared with the trafficking of people for non-sex labor, which is a far larger enterprise, touching on hundreds of different industries.
[[Image:UnisonStrikeRallyOxford20060328 KaihsuTai.jpg|thumb|right|150px|A trade union protest by [[UNISON]] while on strike ]]
 
* '''[[Labour law]]''' is the study of a tripartite industrial relationship, between worker, employer and [[trade union]]. This involves [[collective bargaining]] regulation, and the right to [[strike]]. Individual employment law refers to workplace rights, such as [[Occupational safety and health|health and safety]] or a [[minimum wage]].
 
* '''[[Human rights]]''' is an important field to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the [[U.N. Charter]], the [[European convention on human rights]] and the [[U.S. Bill of Rights]].
 
* '''[[Civil procedure]]''' and '''[[criminal procedure]]''' concern the rules that courts must follow as a trial and appeals proceed. Both concern everybody's [[right to a fair trial]] or hearing.
 
* '''[[Evidence (law)|Evidence]]''' law involves which materials are admissible in courts for a case to be built.
 
* '''[[Immigration law]]''' and '''[[nationality law]]''' concern the rights of foreigners to live and work in a nation state that is not their own and to acquire or lose citizenship. Both also involve the rights of asylum and the problem of stateless individuals.
 
* '''[[Social security]]''' law refers to the rights people have to social insurance, such as jobseekers allowances or housing benefits.
 
* '''[[Family law]]''' covers marriage and divorce proceedings, the rights of children and of course the rights to property and money in the event of separation.
 
  
;Law and Commerce
+
In addition to the first world, this also takes place in countries of [[Asia]] such as [[India]] and [[Thailand]], where young girls are sometimes sold to brothel owners. In modern day [[Thailand]] and [[India]] this is becoming much rarer.
[[Image:NYSE-floor.jpg|thumb|right|150px|The [[New York Stock Exchange]] trading floor today]]
 
* '''[[Commercial law]]''' is essentially complicated contract law. It deals with the ''Sale of Goods Acts'' and codified common law of commercial principles.
 
* '''[[Company law]]''' sprung from the law of trusts, on the principle of separating ownership and control.<ref>{{cite book |last=Berle |first=Adolf |authorlink=Adolf Berle |title=Modern Corporation and Private Property |year=1932 }}</ref> The law of the modern [[company (law)|company]] began with the ''Joint Stock Companies Act'', passed in the [[United Kingdom]] in 1865, which protected investors with [[limited liability]] and conferred [[separate legal personality]].
 
* '''[[Intellectual property]]''' deals with [[patent]]s, [[trademark]]s and [[copyright]]s. These are intangible assets, like the right not to have your idea for an invention stolen, a brand name or a song you have written.
 
*'''[[Restitution]]''' deals with the recovery of someone else's gain, rather than [[compensation]] for one's own loss.
 
* '''[[Unjust enrichment]]''' is law covering a right to retrieve property from someone that has profited unjustly at another's expense.
 
  
;Law and Regulation
+
Female prostitutes, especially street prostitutes, are commonly associated with a pimp, a man who lives off the proceeds of several prostitutes and may offer some protection in return. The relationship between pimp and prostitute is often abusive, and is a source of much violence against prostitutes. Pimping is one way in which powerless or impoverished young women are recruited into sex work; the pimp will provide financial and emotional support, acting as boyfriend/friend, but eventually ask the young woman to perform sex acts for money. In areas where legal restrictions on prostitution are lighter, the power of pimps over prostitutes normally decreases, as the prostitutes are able to seek the protection of the law against their abusers.
[[Image:1930-67B.gif|thumb|right|150px|The [[New York Stock Exchange]] trading floor after the [[Wall Street Crash 1929]], before tougher [[banking regulation]] was introduced]]
 
* '''[[Tax law]]''' is probably the most complicated and well paid discipline, involving Value Added Tax, Corporation Tax, Income Tax, and most importantly, lots of money.
 
* '''[[Bank regulation|Banking law]]''' and [[financial regulation]] set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the [[Wall Street Crash]].
 
* '''[[Public Services|Regulated industries]]''' are attached to an important body of law for the provision of public services. Since [[privatization]] became popular, private companies doing the jobs previously controlled by government have been bound by social responsibilities. Utilities, Telecomms and Water are regulated industries in most [[OECD]] countries.
 
* '''[[Antitrust|Competition law]]''', in the U.S. known as antitrust law, is an evolving and relatively new kind of law that began in the late 19th Century with the [[restraint of trade]] doctrine. The U.S. adopted anti-cartel and anti-monopoly statutes around the turn of that century. See the [[Sherman Act]] and [[Clayton Act]].
 
* '''[[Consumer Protection|Consumer Law]]''' could include anything from regulations on unfair contract terms and conditions, or directives on airline baggage insurance.
 
* '''[[Environmental law]]''' is increasingly important, especially in light of the [[Kyoto Protocol]] and the imminent danger of [[climate change]]. Environmental protection also serves to [[Captin Planet|penalise polluters]] within countries.
 
  
==Legal systems==
+
There are other commercial sexual activities that are generally not classified as prostitution. These include acting and modeling for [[pornography|pornographic]] materials, even if this involves engaging in [[sexual intercourse]]; [[exotic dancing]], which is naked, sexually provocative acting (sometimes involving [[masturbation]]) without physical contact with the customer; [[lap dancing]], where the dancer may come into contact with the customer in sexually provocative but strictly limited ways; and commercial telephone sex.  
[[Image:Milkau Oberer Teil der Stele mit dem Text von Hammurapis Gesetzescode 369-2.jpg|thumb|left|150px|The King [[Hammurabi]] is revealed the [[Code of Hammurabi|code of laws]] by God]]
 
{{see also|Legal systems of the world}}
 
In general, legal systems around the world can be split between [[civil law (legal system)]] jurisdictions on the one hand and on the other systems using [[common law]] and equity. This is largely the result of countries having a shared history. The term civil law, referring to a legal system, should not be confused with [[civil law (common law)|civil law]] as distinguished from criminal law, or as distinguished from [[public law]]. A third type legal system still accepted by some countries, even whole countries, is religious law, based on Biblical transcripts.
 
  
===Civil law===
+
In the case [[California v. Freeman]], the California Supreme Court ruled that adult film makers could not be prosecuted under state laws against prostitution.  
{{main|Civil law (legal system)}}
 
Civil law, as a type of legal system, is the form of law used by most countries around the world today. Civil law systems mainly derive from the [[Roman Empire]], and more particularly, the ''[[Corpus Juris Civilis]]'' issued by the Emperor [[Justinian]] ca. 529C.E. This was an extensive reform of the law in the Eastern Empire, bringing it together into [[codification|codified]] documents. Civil law today, in theory, is interpreted rather than developed or made by judges. Only [[legislature|legislative]] enactments (rather than [[judiciary|judicial]] [[precedent|precedents]]) are considered legally binding. However, in reality courts do pay attention to previous decisions, especially from higher courts. Countries that have civil law systems include [[Law of France|France]], [[Law of Germany|Germany]], [[Law of Russia|Russia]], [[Law of Japan|Japan]], [[Law of the People's Republic of China|China]] and most of central and Latin America.
 
  
===Common law and equity===
+
===Legality of selling sex===
{{main|Common law}}
+
[[Image:Prostitutesinfrance.JPG|thumb|right|Prostitutes working in their vans in [[Lyon]], [[France]]. This form of prostitution is often referred to as 'BMC'.]]
[[Image:King John of England signs the Magna Carta - Illustration from Cassell's History of England - Century Edition - published circa 1902.jpg|thumb|right|150px|King John of England signs the Magna Carta]]
+
At one end of the legal spectrum, prostitution carries the [[capital punishment|death penalty]] in some [[Muslim]] countries; at the other end, prostitutes are tax-paying and [[trade union|unionised]] professionals in the [[Netherlands]] and brothels are legal and advertising businesses there (however, prostitutes must be at least 18 and the [[age of consent]] is 16 in other contexts). The legal situation in [[Germany]], [[Switzerland]] (where the issue of legal age is a source of avid dispute, some insisting that one can legally be a prostitute as of one's sixteenth birthday, other maintaining it is eighteen), [[Greece]], and [[New Zealand]] is similar to that in the Netherlands (see [[prostitution in the Netherlands]], [[prostitution in Germany]] and [[prostitution in New Zealand]]). In the Australian state of [[New South Wales]], any person over the age of 18 may offer to provide sexual services in return for money. In [[Victoria (Australia)|Victoria]], a person who wishes to run a prostitution business must have a licence. Prostitutes working for themselves in their own business, as prostitutes in the business, must be registered. Individual sex workers are not required to be registered or licensed. In some countries the legal status of prostitution may vary depending on the activity; in [[Japan]], for example, vaginal prostitution is against the law while [[oral sex|fellatio]] prostitution is legal, as women who perform fellatio for money are not considered prostitutes in Japan.
English Law is the father of common law and equity, and is used in Commonwealth countries or former countries from the [[British Empire]], with the exception of Malta and Scotland both of which have an ingrained Civil Law system. The doctrine of ''[[stare decisis]]'' or precedent by courts is the major innovation and difference to codified civil law systems. Common law is currently in practice in [[Law of the Republic of Ireland|Ireland]], [[Law of the United Kingdom|United Kingdom]], [[Law of Australia|Australia]], [[Law of India|India]], [[Law of South Africa|South Africa]], [[Law of Canada|Canada]] (excluding Quebec), and the [[Law of the United States|United States]] (excluding Louisiana) and many more places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, [[Pakistan]], [[India]] and [[Nigeria]] operate largely on a common law system, but incorporate religious law. In the [[European Union]] the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the [[Magna Carta]]<ref>{{cite web|title=Magna Carta|url=http://www.fordham.edu/halsall/source/magnacarta.html|accessdate=2006-11-10}}</ref> which placed limits on the power of the English Kings. It served as a kind of mediaeval bill of rights for the aristocracy and the judiciary who developed the law.
 
  
===Religious law===
+
In [[Turkey]], street prostitution is illegal. Prostitution through government regulated brothels is legal. All brothels must have a license, and all sex workers working in brothels must be licensed as well. Municipality based "Commissions for the struggle against venereal diseases and prostitution" are in charge of issuing such licenses. Along with the reduction of perversity and sexual crimes in society, the Turkish brothel's main use is in times of invasion. Instead of having soldiers who are faced with dying for their country never having been in the company of a woman, the brothel allows the soldier to become "national" and boldly defend their country in time of need. This is similar to the [[comfort women]] used in Japan.
{{main|Religious law}}
 
[[Image:Aleppo codex.jpg|thumb|150px|left|Aleppo Codex: 10th century Hebrew Bible with Masoretic pointing]]
 
The main kinds of religious law are [[Halakha]] in [[Judaism]], [[Sharia]] in [[Islam]], and [[Canon law]] in some [[Christian]] groups. In some cases these are intended purely as individual [[moral]] guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The Halakha is followed by [[Orthodox Judaism|orthodox]] and [[Conservative Judaism|conservative]] Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. Sharia Law governs a number of Islamic countries, including [[Saudi Arabia]] and [[Iran]], though most countries use Sharia Law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law. Canon law survives in use by the [[Roman Catholic Church]], the [[Eastern Orthodox Church]] and the [[Anglican Communion]].
 
  
===Jurisdictions===
+
In the [[United Kingdom]], prostitution is not formally illegal, but several activities surrounding it are outlawed. In England and Wales, the legal situation is:
Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their [[geography]]. Click the "show" buttons on the right for the lists of countries.
 
  
{{Africa_in_topic|Law of}}
+
*for a prostitute to loiter or conduct solicitation in a street or public place is illegal, therefore outlawing street prostitution.
{{North America in topic|Law of}}
+
*it is also illegal for a potential client to solicit persistently, or solicit from a motor vehicle ("kerb crawling").
{{South America in topic|Law of}}
+
*owning or running a brothel is illegal.
{{Asia in topic|Law of}}
+
*child prostitution is specifically illegal for the person paying (where child is defined as younger than 18, although the age of consent is 16)
{{Europe in topic|Law of}}
+
*controlling prostitution for gain is an offence, banning pimping.
{{Oceania in topic|Law of}}
 
  
==Legal theory==
+
There has been long and widespread debate as to whether the a toleration of prostitution similar to that seen in The Netherlands and Germany should be extended. Local police forces have historically flipped between zero tolerance of prostitution and unofficial red light districts.
===History of law===
 
{{Main|Legal history}}
 
The history of law is, in a broad sense, the history of human [[civilization]]. Almost every legal system is interconnected in some way, each body of law being influenced by outside forces and jurisdictions over time.
 
  
;Ancient law
+
The Government announced on [[January 17]], [[2006]], that in England and Wales it was considering allowing small brothels, whilst continuing the crackdown against kerb-crawling, which is seen as a nuisance. [1]
[[Image:Ac.pnyx.jpg|thumb|right|150px|Ancient Athens had the first quasi-democratic constitution]]
+
A similar situation exists in Scotland, with prostitution itself not illegal but associated activities are. A Prostitution Tolerance Zones Bill was introduced into the Scottish Parliament but failed to become law.
* Ancient Egyptian law had a civil code, based on the concept of [[Ma'at]]. Tradition, rhetorical speech, social equality and impartiality were key principles.<ref>VerSteeg, Russ (2002) ''Law in Ancient Egypt''  ISBN 0-89089-978-9</ref> Judges kept records, which were used as precedent, although the systems developed slowly.
 
* In ancient [[Babylon]], the King Hammurabi made the innovation of publishing his code of laws for the public to see in the market. This became known as the [[Codex Hammurabi]], part of a vast and complex body of [[babylonian law]]
 
* The [[Noahide Laws]] listed in the [[Torah]] were moral imperatives for forming a foundation for a well-functioning unified society. They were eventually succeeded by the [[Torah]], [[Mishna]], [[Talmud]] and [[Responsa]].
 
* In [[Ancient Athens]], the small Greek city-state developed the first government based on broad inclusion of the citizenry, excluding women and the slave class. [[Ancient Greek law|Ancient greek law]] contained major [[Constitution of the Athenians|constitutional]] innovations in the development of [[democracy]].
 
  
;European law
+
In all but two [[U.S. state]]s, the buying and selling of sexual services is illegal and usually classified as a [[misdemeanor]]. Regulated brothels are legal in several counties of [[Nevada]] (see [[prostitution in Nevada]]). In [[Rhode Island]], the act of sex for money is not illegal, but street solicitation and operating a brothel are.  
[[Image:Code Civil 1804.png|thumb|left|150px|First page of the 1804 edition of the Napoleonic Code]]
 
[[Roman law]] underwent major codification in the [[Corpus Juris Civilis]] of Emperor [[Justinian I|Justinian]], as later developed through the [[Middle Ages]] by mediæval legal scholars. In Mediaeval England, judges retained greater power than their continental counterparts and began to develop a body of precedent. Originally civil law was one common legal system in much of [[Europe]], but with the rise of [[nationalism]] in the [[17th century]] [[Nordic]] countries and around the time of the [[French Revolution]], it became fractured into separate national systems. This change was brought about by the development of separate national codes, of which the French [[Napoleonic Code]] and the [[Bürgerliches Gesetzbuch|German]] and [[ZGB|Swiss code]]s were the most influential. Around this time civil law incorporated many ideas associated with the [[Enlightenment]]. The European Union's Law is based on a codified set of laws, laid down in the [[European Union Law|Treaties]]. Law in the EU is however mixed with precedent in case law of the [[European Court of Justice]].
 
  
;Asian law
+
In [[Canada]], prostitution itself is legal, but most other activities around it are not. It is illegal to live "off the avails" of prostitution (this law is intended to outlaw pimping) and it is illegal (for both parties) to negotiate a sex-for-money deal in a public place (which includes bars). To maintain a veneer of legality, escort agencies arrange a meeting between the escort and the client. A Canadian Supreme Court ruling in 1978 required that to be convicted of soliciting, a prostitute's activities must be "pressing and persistent". Similarly, in [[Bulgaria]] prostitution itself is legal, but most activities around it (such as pimping) are outlawed.
[[Image:Constitution of India.jpg|thumb|right|150px|The [[preamble]] of the '''Constitution of India''']]
 
[[History of China|Ancient China]] and [[History of India|ancient India]] had historically independent schools of legal theory and practice such as the ''[[Manusmriti|Laws of Manu]]'' or the ''[[Arthashastra]]'' in India and [[traditional Chinese law]] in China. Because Germany was a rising power in the late [[19th century]], and because civil law codifications are more 'exportable' the large bodies of common law jurisprudence, the German Civil Code has been highly influential for most oriental legal systems, and forms the basis of civil law in [[Japan]] and [[South Korea]]. In [[China]], the German Civil Code was introduced in the later years of the [[Qing Dynasty]] and formed the basis of the law of the [[Republic of China]] which remains in force in [[Taiwan]]. The current legal infrastructure in the [[People's Republic of China]] reflects influences from the German-based civil law, English-based common law in Hong Kong, Soviet-influenced [[Socialist law]], United States-style banking and securities law, and [[traditional Chinese law]]. In India, and other previous members of the [[Commonwealth of Nations|Commonwealth]], English common law forms the basis of private law.
 
  
===Philosophy of law===
+
Rules vary as to which roles in prostitution are illegal: being a prostitute, being a client, or being a pimp. In [[Sweden]] it is legal to sell sex, but it is illegal to be a pimp and since [[1999]] also to buy sexual services. The reason for this law is to protect prostitutes, as many of them have been forced into prostitution by someone or by economic necessity. Norway has the same laws as Sweden, except that it's not illegal to buy sex. Prostitutes are generally viewed by the government as oppressed, while their clients are viewed as oppressors. In the case of a prostitute under 18 in the Netherlands, being the client or pimp is illegal, but being the prostitute is not, except if the client is also underage (under 16). In most countries with criminalized prostitution, prostitutes are arrested and prosecuted at a far higher rate than their clients.
{{main|Jurisprudence}}
 
[[Image:Bentham.jpg|thumb|100px|left|Bentham's utilitarian theories remained dominant in law till the twentieth century]]
 
The philosophy of law is known as jurisprudence. Normative jurisprudence is essentially [[political philosophy]] and asks "what should law be?". Analytic jurisprudence asks on the other hand, "what is law?". An early famous philosopher of law was [[John Austin (legal philosopher)|John Austin]], a student of [[Jeremy Bentham]] and first chair of law at the new [[University of London]] from 1829. Austin's [[utilitarianism|utilitarian]] answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience".<ref name="jap"/> This approach was long accepted, especially as an alternative to [[natural law]] theory. Natural lawyers argue human law reflects essentially moral and unchangeable laws of nature. For instance, [[Immanuel Kant]] believed a moral imperative requires laws "be chosen as though they should hold as universal [[law of nature|laws of nature]]".<ref>[[Immanuel Kant|Kant, Immanuel]], ''Foundations of the Metaphysics of Morals'' in Lewis White Beck, ''Königliche Preussische Akademie der Wissenschaften'' Berlin, 1902-1938</ref> Austin and Bentham, following [[David Hume]] thought this conflated what [[Is-ought problem|"is" and what "ought to be"]] the case. They believed in law's [[legal positivism|positivism]], that real law is entirely separate from "morality".
 
  
In 1934, an Austrian philosopher named Hans Kelsen continued the positivist tradition in his book the ''[[Pure Theory of Law]]''.<ref>{{cite book |last=Kelsen |first=Hans |authorlink=Hans Kelsen |title=[[Pure Theory of Law]] |year=1934 }}</ref> Kelsen believed that though law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. Whilst laws are positive "is" statements (e.g. the fine for reversing on a highway ''is'' $500), law tells us what we "should" do (i.e. not drive backwards). So every legal system can be hypothesised to have a basic norm (''[[Grundnorm]]'') telling us we should obey the law.
+
In [[Brazil]] and [[Costa Rica]] prostitution ''per se'' is legal, but taking advantage or profit from others' prostitution is illegal.
  
Later in the twentieth century [[H.L.A. Hart]] attacked Austin for his simplifications and Kelsen for his fictions in ''[[The Concept of Law]]''<ref name="hhc"/>. As the chair of jurisprudence at [[Oxford University]], Hart argued law is a "system of rules". Rules, said Hart, are divided into primary rules (rules of conduct) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students have continued the debate since. [[Ronald Dworkin]] was his successor in the Chair of Jurisprudence at Oxford and his greatest critic. In his book ''Law's Empire''<ref name="rdl"/> Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "[[interpretivism|interpretive]] concept", that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. [[Joseph Raz]] on the other hand has defended the positivist outlook and even criticised Hart's 'soft social thesis' approach in ''The Authority of Law''<ref name="jra"/>. Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Any categorisation of rules beyond their role as authoritative dispute mediation is best left to sociology, rather than jurisprudence.<ref>ch. 2, Joseph Raz, ''The Authority of Law'' (1979) Oxford University Press</ref>
+
Prostitution is legal for citizens in [[Denmark]], but it is illegal to profit from prostitution. Prostitution is not regulated as in the Netherlands; instead, the government attempts through social services to bring people out of prostitution into other careers, and attempts to lessen the amount of criminal activity and other negative effects of prostitution.
{{seealso|Political philosophy}}
 
  
===Economic analysis of law===
+
In [[Thailand]], prostitution is illegal as stated in the Prevention and Suppression Act, B.E. 2539 (1996) [http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46403/65063/E96THA01.htm].
{{Main|Economic analysis of law}}
 
Economic analysis of law is an approach to legal theory that incorporates and applies the methods and ideas of [[economics]] to law. The discipline arose partly out of a critique of trade unions and U.S. [[Antitrust]] law. Today's proponents, such as [[Richard Posner]] from the so called [[Chicago School (economics)|Chicago School]] of economists and lawyers, are generally advocates of deregulation, privatization, and are hostile to state regulation, or what they see as restrictions on the operation of [[free market]]s.
 
  
The most decorated economic analyst of law is 1991 Nobel Prize winner [[Ronald Coase]]. His first major article, ''[[The Nature of the Firm]]'' (1937),<ref>[[Ronald H. Coase|Coase, Ronald]], ''[[The Nature of the Firm]]'' (1937) Economica, New Series, Vol. 4, No. 16 (Nov., 1937), pp. 386-405</ref> argued that the reason for the existence of firms ([[company law|companies]], partnerships, etc) is the existence of [[transaction costs]]. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost effective. His second major article, ''The Problem of Social Cost'' (1960)<ref>[[Ronald H. Coase|Coase, Ronald]], [http://www.sfu.ca/~allen/CoaseJLE1960.pdf ''The Problem of Social Cost''], J. Law & Econ. 3, p. 1 (1960)</ref> argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a [[nuisance]] case named ''Sturges v. Bridgman'',<ref>''Sturges v. Bridgman'' (1879) 11 Ch D 852</ref> where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only, the existence of transaction costs may prevent this. So the law ought to pre-empt what ''would'' happen, and be guided by the most [[Efficiency (economics)|efficient]] solution. The idea is that law, and regulation, is not as important or effective at helping people as lawyers, and government planners, believe.
+
Establishments engaged in sexual slavery or owned by organized crime are the highest priority targets of law enforcement actions against prostitution. Police also frequently intervene when prompted by local resident complaints, often directed against street prostitution. In most countries where prostitution is illegal, at least some forms of it are tolerated. This ambiguous status allows the police to extort money or services, particularly information on criminal activities that prostitutes are often well-placed to obtain, from prostitutes in exchange for "looking the other way".
 +
[[Image:Anti-ProstitutionSign.jpg|thumb|250px|1941 [[Las Vegas]] hotel sign]]
 +
Pimping is a [[sex crime]] in almost all jurisdictions. Some other countries retain the ill-defined offence of "living off the proceeds of others' prostitution", one of the ''[[prima facie]]'' evidences of which is co-habiting with a prostitute.
  
==Legal institutions==
+
In 1949, the [[UN General Assembly]] adopted [[Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others|a convention]] stating that forced prostitution is incompatible with human dignity, requiring all signing parties to punish pimps and brothel owners and operators and to abolish all special treatment or registration of prostitutes. The convention was ratified by 89 countries but [[Germany]], the [[Netherlands]] and the [[United States]] did not participate.
The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organisation, the profession of lawyers and civil society itself. [[John Locke]] in ''Two Treatises On Civil Government'' <ref>[[John Locke|Locke, John]] (1690) ''[[Second Treatise on Civil Government]]'' available [http://www.gutenberg.org/etext/7370 here]</ref> and [[Charles de Secondat, Baron de Montesquieu|Baron de Montesquieu]] after him in ''Spirit of Laws'' <ref>{{cite book|last=de Montesquieu|first=Baron|authorlink=Charles de Secondat, Baron de Montesquieu |title=De l'esprit des lois|year=1748|url=http://www.constitution.org/cm/sol.htm}}</ref> advocated a [[separation of powers]] between the institutions that wield political influence, namely the [[judiciary]], [[legislature]] and [[executive (government)|executive]]. Their principle was that no person should be able to usurp, as [[Thomas Hobbes]] wanted for an all powerful sovereign, a ''Leviathan'' of power. [[Karl Marx]] and [[Max Weber]] have been pivotal in shaping thinking in the twentieth century about the extensions of the state, which come under the control of the executive. [[Military]], [[policing]] and [[bureaucracy|bureaucratic]] power over ordinary citizens' daily lives pose special problems for accountability that earlier writers like Locke and Montesquieu could not have foreseen. The custom and practice of the [[legal profession]] itself is an important part of people's access to justice, whilst [[civil society]] is a term used to refer the social institutions, communities and partnerships that are the political base of the law.
 
{{seealso|Sociology of law}}
 
  
===Judiciary===
+
Some municipalities in the Netherlands would like a "zero tolerance policy" for brothels, i.e. not allow any, on moral grounds, but by law this is not possible. However, regulations, including restrictions in number and location are common. Whether a zero policy on [[urban planning]] grounds is allowed is still unclear.
{{Main|Judiciary}}
 
[[Image:Old Bailey Microcosm edited.jpg|thumb|right|A trial at the [[Old Bailey]] in [[London]] as drawn by Thomas Rowlandson and Augustus Pugin (1808-11).]]
 
Most countries have a system of appeals courts, up to a supreme authority. In the U.S. this would be the [[Supreme Court of the United States|Supreme Court]]<ref>{{cite web|title=U.S. Supreme Court|url=http://www.supremecourtus.gov/|accessdate=2006-11-10}}</ref>, in Australia the [[High Court of Australia|High Court]]. In the U.K. the highest court is the [[House of Lords]]<ref>{{cite web|title=House of Lords Judgments|url=http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm|accessdate=2006-11-10}}</ref>, but on questions of European Community Law or Human Rights Law, the [[European Court of Justice]]<ref>{{cite web|title=European Court of Justice|url=http://curia.europa.eu/en/transitpage.htm|accessdate=2006-11-10}}</ref> in Luxembourg and the [[European Court of Human Rights]] in Strasbourg are the E.U. authorities. Also in the E.U. is the German [[Bundesverfassungsgericht]]<ref>{{cite web|title=The German Federal Constitutional Court|url=http://www.bundesverfassungsgericht.de/entscheidungen.html|accessdate=2006-11-10}}</ref> and the French [[Cour de cassation (France)|Cour de Cassation]]. Some courts are bound by constitutions and may interpret them, whilst the UK continues to assert the ideal of [[parliamentary sovereignty]], whereby the elected legislature holds power.
 
  
===Legislature===
+
===Advertising prostitution===
{{Main|Legislature}}
+
In countries where prostitution is legal, advertising it may be legal (as in the Netherlands) or illegal (as in Germany).
[[Image:Palace-of-westminster-at-dawn.JPG|thumb|left|The [[Palace of Westminster|British Houses of Parliament]]]]
+
In countries where prostitution is illegal, advertising it is usually also illegal.
The [[Palace of Westminster]] in London, the [[United States Congress|Congress]] in Washington D.C., the [[Bundestag]] in Berlin, the [[Duma]] in Moscow, and so on, are examples of legislatures. The principle of representative government means that people vote for political decision makers to carry out their wishes. Most Parliaments are bi-cameral, so that in a 'lower house' the politicians may return from elected constituencies, and in the 'upper house' they may be elected through [[proportional representation]] (as in Australia), Crown appointment (as in the UK), or state elections (as in the U.S.). Parliaments are the legislative authorities in most countries. To enact legislation a majority of Members of Parliament must vote for a bill, unless a country has an entrenched constitution, requiring some special majority for constitutional amendments. A government usually leads the process, formed either from Members of Parliament (as in the U.K. or Germany), or elected to executive office separately and appointing a cabinet that is unelected (as in the U.S.).
 
  
 +
Covert advertising for prostitution can take a number of forms:
 +
* by cards in newsagents' windows
 +
* by cards placed in public telephone enclosures: so-called [[tart card]]s
 +
* by euphemistic advertisements in regular magazines and newspapers (for instance, talking of "massages" or "relaxation")
 +
* in specialist [[contact magazine]]s
 +
* via the [[World Wide Web]]
 +
* in public [[bathroom]] stalls (i.e. "for a good time call...")
  
===Executive===
+
===Regulated prostitution===
{{Main|Executive (government)|Head of State}}
+
{{main|Regulated prostitution}}
In most democratic countries, like the UK, Germany, India and Japan, the executive is elected into and drawn from the legislature and is known as a [[cabinet]]. Alongside there is usually a hereditary, or an appointed head of state, such as the [[Queen of the United Kingdom]], or the [[President of Germany|Bundespräsident]] which carries out the symbolic function of enacting legislation, but has no formal political power. The other important model is found in countries like France, the U.S. and Russia. Here the executive, is directly elected by a popular vote, and may appoint a cabinet that is not directly elected.
 
  
===Military and police===
+
In some jurisdictions, such as Nevada (''see'' [[prostitution in Nevada]]), [[Switzerland]] and in four [[Australia]]n states or territories (Australian Capital Territory, Victoria, Queensland and the Northern Territory), prostitution is legal but heavily regulated.  
{{Main|Military|Police}}
 
[[Image:US Customs and Border Protection officers.jpg|thumb|left|[[U.S. Customs and Border Protection]] officers]]
 
The military and police are sometimes referred to as "the long arms of the law". Whilst military organisation has existed as long as have governments, a standing police force is a relatively modern invention. Mediaeval England, for instance, used a system of travelling criminal courts, or [[assizes]] to keep communities under control. The first modern police were probably those in 17th century Paris, in the court of [[Louis XIV]], although the Paris Prefecture of Police's website claims were the first uniformed policemen in the world<ref>{{cite web|title=La Préfecture de Police|url=http://www.prefecture-police-paris.interieur.gouv.fr/documentation/bicentenaire/theme_expo4.htm
 
|accessdate = 2007-01-24}}</ref>. In 1829, after the [[French Revolution]] and [[Napoleon]]'s dictatorship,  a government decree created the first uniformed policemen in Paris and all French cities, known as ''sergents de ville'' ("city sergeants"). In Britain, the [[Metropolitan Police Act]] 1829 was passed by Parliament under [[home secretary]] Sir [[Robert Peel]], founding the London [[Metropolitan Police Service|Metropolitan Police]].
 
  
Sociologist [[Max Weber]] famously argued that the state is that which controls the legitimate monopoly of the means of violence.<ref name="mwp">{{citebook|last=Weber|first=Max|authorlink=Max Weber|title=Politik als Beruf|year=1919|url=http://en.wikisource.org/wiki/Politics_as_a_Vocation}}</ref> Military and police personnel carry out enforcement activities at the request of the government or the courts. The term [[failed state]] is used where the police and military no longer uphold security and order and society descends into [[civil war]], [[anarchy]] or chaos.
+
Such approaches are often, but not always taken with the stance that prostitution is impossible to eliminate and thus these societies have chosen to regulate it in ways that reduce the more undesirable consequences. Goals of such regulations include controlling [[sexually transmitted disease]], reducing [[sexual slavery]], controlling where brothels may operate and dissociating prostitution from crime syndicates.
  
===Bureaucracy===
+
The [[Netherlands|Dutch]] legalisation of prostitution has similar objectives, as well as improving health and working conditions for the women and weakening the link between prostitution and criminality.
{{Main|Bureaucracy}}
 
The word "bureaucracy" derives from the French for "office" (''bureau'') and Ancient Greek for "power" (''kratos''). It refers to all government servants and bodies who carry out the wishes of the executive. The concept dates from 18th century France. [[Friedrich Melchior, baron von Grimm|Baron de Grimm]], a German author who lived in France, wrote in 1765,
 
  
<blockquote>"The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and ''intendants'' are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist."<ref>[[Friedrich Melchior, Baron von Grimm|Melchior, Friedrich]] and [[Denis Diderot|Diderot, Denis]] (1813 Ed.) ''Correspondence littéraire, philosophique et critique, 1753-69'' Vol. 4, p. 146 & 508 - cited by Albrow, Martin (1970) ''Bureaucracy'' p. 16</ref></blockquote>
+
[[Daily Planet (property trust)|Daily Planet]] is a brothel in [[Melbourne]], [[Australia]] whose [[stock|shares]] were listed on the [[Australian Stock Exchange]] in 2003, before listing difficulties - investors were asked to undergo police checks before buying shares - forced the listed company to divest the brothel back into private ownership (the company remained listed and continues its other business interests). There are various regulatory regimes governing prostitution in Australia and a level of increasing professionalism is being seen in the industry with the establishment of business associations like the Queensland Adult Business Association [http://qaba.org.au] that ascribe to a strict ethical code which entrenches the independence of service providers.
  
Cynicism over "officialdom" is still common, and the workings of public servants is often contrasted to [[private enterprise]] driven by the profit motive.<ref>{{cite book |last=von Mises |first=Ludwig | authorlink=Ludwig von Mises |title=Bureaucracy | origyear=1944 |url=http://www.mises.org/etexts/bureaucracy.pdf |accessdate=2006-11-10 | year=1962 }}</ref> Writing in the early 20th century, [[Max Weber]] believed that a definitive feature of a developed state had come to be its bureaucratic support<ref name="mwp"/>. The stereotypical bureaucracy involves armies of white collared workers controlling and producing information, bound in 'red tape'. However state agencies also play a positive role, in redistributing resources at the wish of the elected representatives, which is collected from taxation, or organising crucial [[public services]] such as schooling, health care, policing or public transport.
+
===Prostitution of children===
 +
{{main|prostitution of children}}  
  
===Legal profession===
+
Regarding the [[prostitution of children]] the laws on prostitution as well as those on sex with a child apply. If prostitution in general is legal there is usually a minimum age requirement for legal prostitution that is higher than the general [[age of consent]] (see above for some examples). Although some countries do not single out patronage of child prostitution as a separate crime, same act is punishable as sex with an underage.
{{Main|Legal profession}}
 
[[Image:Advokat, Engelsk advokatdräkt, Nordisk familjebok.png|thumb|150px|left|An English barrister]]
 
[[Practice of law]] is typically overseen by either a government organization or independent regulating body such as a [[bar association]], [[bar council]], barrister society, or [[law society]]. To practice law, the regulating body must certify the practitioner. This usually entails a two or three-year program at a university [[faculty of law]] or a [[law school]], which earns the student a [[Bachelor of Laws]], a [[Bachelor of Civil Law]] or a [[Juris Doctor]] degree. This course of study is followed by an entrance examination (e.g. [[bar admission]]). Some countries require a further vocational qualification before a person is permitted to practice law. In the case of those wishing to become a [[barrister]], this would lead to a Barrister-at-law degree, followed by a year's apprenticeship (sometimes known as pupillage or devilling) under the oversight of an experienced barrister (or master). Advanced law degrees are also often pursued, though they are academic degrees and are not required for the practice of law. These include a [[Master of Laws]], a [[M.S.L.|Master of Legal Studies]], and a [[Doctor of Laws]].
 
  
Once accredited, a lawyer will often work in a [[law firm]], in a [[chambers]], as a sole practitioner, for a government or as internal counsel at a private corporation. Another option is to become a legal researcher who provides on-demand legal research through a commercial service or on a freelance basis. Many people trained in law put their skills to use outside the legal field entirely. A significant component to the practice of law in the common law tradition involves [[legal research]] in order to determine the current state of the law. This usually entails exploring [[Law report|case-law reports]], [[legal periodicals]] and [[legislation]]. Law practice also involves drafting documents such as court [[pleadings]], persuasive [[brief (law)|brief]]s, [[contract]]s, or [[will]]s and [[trust law|trust]]s. Negotiation and [[dispute resolution]] skills are also important parts of legal practice, depending on the field.
+
Some [[pedophilia|pedophiles]] use sex tourism to have access to sex with children that is unavailable in their home country. [[Cambodia]] has become a notorious destination for these pedophiles.{{citation needed}} Several western countries have recently enacted laws with extraterritorial reach punishing citizens who engage in sex with minors in other countries. These laws are rarely enforced since the crime usually goes undiscovered. [http://news.bbc.co.uk/1/hi/world/asia-pacific/1775221.stm] [http://news.bbc.co.uk/1/hi/world/europe/3197861.stm] [http://news.bbc.co.uk/2/hi/europe/3221905.stm]
  
===Civil society===
+
===Prostitution and illegal immigration===
{{Main|Civil Society}}
+
A difficulty in many developed countries is the situation where persons immigrate illegally and work in the sex trade. (This is not quite the same issue as kidnapping and sex slavery). These people face deportation, and so do not have recourse to the law. Hence there are brothels that do not adhere to the usual legal standards intended to safeguard public health and the safety of the workers.
[[Image:1963 march on washington.jpg|thumb|right|250px|A march in Washington DC, during the civil rights movement in 1963]]
 
Perhaps the most crucial institution in the law is simply the civil partnerships and associations of ordinary people holding no official positions. [[Freedom of Speech]], and [[Freedom of Association]] are our human rights, our civil liberties and most developed and developing countries uphold them. They form the basis of an active, thoughtful and [[deliberative democracy]]. The more people are involved with and concerned by how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. Developed [[political parties]] or [[Cogers|debating clubs]], [[trade union]]s, impartial [[mass media|media]], [[charities]] and perhaps even [[Wikipedia|online encyclopedias]] are signs of a healthy civil society.
 
  
The term "civil society" traces back to [[Adam Ferguson]], who saw the development of a "commercial state" as a way to change the corrupt feudal order and strengthen the liberty of the individual.<ref>[http://oll.libertyfund.org/Home3/Book.php?recordID=1229 An Essay on the History of Civil Society] (1767)</ref> Later on, [[Georg Wilhelm Friedrich Hegel]], a [[Germany|German]] [[philosophy|philosopher]], made the distinction between society and the 'state' in his ''[[Elements of the Philosophy of Right]]''.<ref>[http://www.marxists.org/reference/archive/hegel/works/pr/preface.htm Etext of Philosophy of Right Hegel (1827) translated by Dyde, 1897]</ref> Hegel thought civil society (''Zivilgesellschaft'') was a stage on the [[dialectical|dialectical relationship]] between Hegel's perceived opposites, the macro-community of the [[state]] and the micro-community of the [[family]].<ref>Pelczynski, A.Z. (1984) ''The State and Civil Society'' pp.1-13 Cambridge University Press</ref>
+
===Violence against prostitutes===
 +
Prostitutes are at risk of [[violent crime]] [http://www.justicewomen.com/letters_prostitution.html], as well as possibly at higher risk of occupational mortality than any other group of women ever studied. For example, the homicide rate for female prostitutes was estimated to be 204 per 100,000 (Potterat et al, 2004), which is some times higher than that for the next riskiest occupations in the United States during a similar period (4 per 100,000 for female liquor store workers and 29 per 100,000 for male taxicab drivers) (Castillo ''et al.'', 1994). However, there are substantial differences in rates of victimization between street prostitutes and indoor prostitutes who work as escorts, call girls, or in brothels and massage parlors (Weitzer 2000, 2005). Perpetrators include violent clients, pimps, and corrupt law-enforcement officers. Prostitutes (particularly those engaging in [[street prostitution]]) are also sometimes the targets of [[serial killer]]s, who may consider them easy targets, or use the religious and social stigma associated with prostitutes as justification for their murder. Being criminals in most jurisdictions, prostitutes are less likely than the law-abiding to be looked for by police if they disappear, making them favored targets of predators. The unidentified [[serial killer]] (or killers) known as [[Jack the Ripper]] is said to have killed at least five prostitutes in [[London]] in [[1888]].  More recently, [[Robert Pickton]], a Canadian who lived near Vancouver, made headlines after DNA supposedly matching that of several missing prostitutes was found buried on his farm. He now stands charged with the murder of 26 Vancouver area women, and is suspected by police of killing at least four more (though no charges have been laid).  As of December 2006, a serial killer of prostitutes appears to be active in [[Ipswich]], England (see [[2006 Ipswich murder investigation]]).
  
 +
===Human (or sex) trafficking===
 +
{{main|Trafficking in human beings}}
  
 +
The trafficking in human beings includes recruiting, harbouring, obtaining, and transporting people by use of force, deception, fraud or intimidation for the purpose of subjecting them to involuntary acts, such as prostitution. Perpetrators may use physical force, debt bondage, abuse, or even force-feeding with drugs to control their victims. The trafficking in human beings is not the same as people [[smuggling]]. A smuggler will facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is free; in people trafficking, the trafficking victim is kidnapped and enslaved. Victims do not agree to be trafficked: they are tricked and lured by false promises or physically forced.
  
==Further reading==
+
Due to the illegal nature of trafficking (in this context, the illegal forced transportation of people), the exact extent of women and children forced into prostitution is unknown. A US Government report published in 2004, estimates that as many as 600,000 to 800,000 people worldwide are trafficked across borders each year [http://www.antislavery.org/homepage/antislavery/trafficking.htm]. These figures have been disputed by some (see International Review of Victimology, v.11, 2004). Whilst there is significant evidence of an increase in trafficking of women and children for forced prostitution, it is impossible to find reliable figures because of the clandestine nature of international trafficking and migration for purposes of prostitution.
*Blackstone, William, Sir. ''An analysis of the laws of England: to which is prefixed an introductory discourse on the study of the law.'' 3rd ed. Buffalo, N.Y.: W.S. Hein & Co., 189 pp., 1997. (originally published: Oxford : Clarendon Press, 1758) ISBN 1-57588-413-5
 
*David, René, and John E. C. Brierley. ''Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law.'' 3d ed. London: Stevens, 1985. ISBN 0-420-47340-8.
 
*Ginsburg, Ruth B. ''A selective survey of English language studies on Scandinavian law.'' So. Hackensack, N.J.: F. B. Rothman, 53 pp., 1970. OCLC 86068
 
*Glenn, H. Patrick ''Legal Traditions of the World: Sustainable Diversity in Law'' 2nd ed. London: Oxford University Press, 432 pp., 2004. ISBN 0-19-926088-5
 
*Iuul, Stig, ''et al.'' ''Scandinavian legal bibliography.'' Stockholm: Almqvist & Wiksell, 196 pp., 1961. (series: Acta / Instituti Upsaliensis Iurisprudentiae Comparativae; 4) OCLC 2558738
 
*Llewellyn, Karl N. & E. Adamson Hoebel. ''Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence.'' special ed. New York City: Legal Classics Library, 374 pp., 1992. ISBN 0-8061-1855-5
 
*Nielsen, Sandro. ''The Bilingual LSP Dictionary. Principles and Practice for Legal language.'' Tübingeb.: Gunter Narr Verlag, 308 pp., 1994. (series: Forum für Fachsprachen-Forschung; Bd. 24) ISBN 3-8233-4533-8
 
  
==External links==
+
The 1996 report of the United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography estimates that about one million children in Asia alone are victims of the sex trade. According to the International Labour Organization, the problem is especially alarming in Thailand, the Philippines, Sri Lanka, Vietnam, Cambodia, Nepal and India. [http://www.ecpatusa.org/index.asp]
{{sisterlinks|Law}}
 
{{Wikibookspar|Wikiversity|School of Law}}
 
  
;Judicial sources
+
Human trafficking is profitable. Globally, forced labour generates $31bn, half of it in the industrialised world, a tenth in transition countries, the [[International Labour Organization]] says in a report on forced labour ("A global alliance against forced labour", ILO, [[11 May]] [[2005]]). Trafficking in people has been facilitated by porous borders and advanced communication technologies, it has become increasingly transnational in scope and highly lucrative within its barbarity.
* [http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm House of Lords Judgments Page]
 
* [http://www.bundesverfassungsgericht.de/entscheidungen.html The German Federal Constitutional Court's Judgments Page]
 
* [http://curia.europa.eu/en/transitpage.htm The European Court of Justice Webpage]
 
* [http://www.echr.coe.int/echr The European Court of Human Rights' Webpage]
 
* [http://www.supremecourtus.gov/ The United States Supreme Court Webpage]
 
  
;Other sources
+
Many women unknowingly enter the sex trade when they respond to newspaper ads for jobs like waitressing, and nannying. Traffickers may own legitimate travel agencies, modeling agencies and employment offices in order to gain women's trust. Many people do find legitimate jobs abroad, so most women feel more or less safe when they are hired.
  
* [http://www.findlaw.com Find Law]
+
Many women are forced into the sex trade after answering false advertisements and others are simply kidnapped. Thousands of children are sold into the global sex trade every year. Often they are kidnapped or orphaned, and sometimes they are actually sold by their own families. These children often come from Asia, Africa, and South America.
* [http://finduslaw.com FindUSLaw: United States Employment Law]
 
* [http://ausicl.com The Australian Institute of Comparative Legal Systems]
 
* [http://www.worldlii.org WorldLII - The World Legal Information Institute]
 
* [http://legal.wikicities.com/ WikiCities Legal Site]
 
* Stanford Encyclopedia of Philosophy:
 
** [http://plato.stanford.edu/entries/law-ideology/ Law and Ideology]
 
** [http://plato.stanford.edu/entries/law-language/ Law and Language]
 
* [http://en.jurispedia.org/ The shared law] in [[Jurispedia]]
 
* [http://web.upmf-grenoble.fr/Haiti/Cours/Ak The Roman Law Library]
 
* [http://jurist.law.pitt.edu JURIST - Legal News & Research]
 
* [http://www.OnlineLegalGuide.com Legal Articles & Advice]
 
{{Law}}
 
  
 +
Traffickers mostly target developing nations where the women are desperate for jobs. The women are often so poor that they can not afford things like food and health care. When the women are offered a position as a nanny or waitress, they often jump to the opportunity.
  
 +
===Prostitution & Sex Crimes===
  
{{Credit2|Prostitution|102840590|Law|102973143|}}
+
One [http://www.independent.org/pdf/working_papers/50_prostitution.pdf study]in particular by [[Kirby Cundiff]] has indicated that for a US population of 275 million, the legalization of prostitution could decrease the number of rapes by approximately 25,000 annually.
 +
 
 +
==Medical situation==
 +
Prostitution has often been associated with the spread of [[sexually transmitted diseases]] (STDs) such as [[HIV]].  However, this is disputed by empirical data.  Although prostitutes are not regularly studied as a group by the CDC or other recognized institutions, what [http://www.cdc.gov/mmwr/preview/mmwrhtml/00000891.htm little] has been done on the subject suggests that female prostitutes have either HIV rates similar to the population or lower.  Nevertheless, intravenous drug using prostitutes carry very high rates of HIV relative to the population.  Studies on non-intravenous drug using prostitutes are scarce to non-existent.
 +
 
 +
Typical responses to the problem are:
 +
* banning prostitution completely
 +
* introducing a system of registration for prostitutes that mandates health checks and other public health measures
 +
* educating prostitutes and their clients to encourage the use of barrier contraception and greater interaction with health care
 +
 
 +
Some think that the first two measures are counter-productive. Banning prostitution tends to drive it underground, making treatment and monitoring more difficult. Registering prostitutes makes the state complicit in prostitution and does not address the health risks of unregistered prostitutes. Both of the last two measures can be viewed as [[harm reduction]] policies.
 +
 
 +
In Australia where sex-work is largely legal, and registration of sex-work is not practiced, education campaigns have been extremely successful and the non-intravenous drug user (non-IDU) sex workers are among the lower HIV-risk communities in the nation. In part, this is probably due both to the legality of sex-work, and to the heavy general emphasis on education in regard to Sexually Transmitted Infections (STIs). Safer sex is heavily promoted as the major means of STI reduction in Australia, and sex education generally is at a high level. Sex-worker organisations regularly visit brothels and home workers, providing free condoms and lubricant, health information, and other forms of support.
 +
 
 +
The encouragement of [[safer sex]] practices, combined with regular testing for sexually transmitted diseases, has been very successful when applied consistently. Prostitution appears to have little effect as a vector of STDs when safer sex practices are applied consistently. However, in countries and areas where safer sex precautions are either unavailable or not practiced for cultural reasons, prostitution appears to be a very active disease vector for all STDs, including [[HIV|HIV/AIDS]].
 +
 
 +
==Occurrence==
 +
According to the paper "Estimating the prevalence and career longevity of prostitute women" (Potterat ''et al.'', 1990), the number of full-time equivalent prostitutes in a typical area in the United States (Colorado Springs, CO, during 1970–1988) is estimated at 23 per 100,000 population (0.023%), of which fraction some 4% were under 18. The length of these prostitutes' working careers was estimated at a mean of 5 years. A follow-up paper entitled "Prostitution and the sex discrepancy in reported number of sexual partners" (Brewer ''et al.'', 2000) goes on to estimate a mean number of 868 male sexual partners per prostitute per year of active sex work, and offers the conclusion that men's self-reporting of prostitutes as sexual partners is seriously under-reported. 
 +
 
 +
A 1994 study found that 16 percent of 18 to 59-year-old men in a U.S. survey group had paid for sex (Gagnon, Laumann, and Kolata 1994).
 +
 
 +
A number of reports over the last few decades have suggested that prostitution levels have fallen in sexually liberal countries, perhaps because of the increased availability of non-commercial non-marital sex.[http://www.iies.su.se/seminars/papers/Edlund.pdf]
 +
 
 +
==Politics==
 +
===Legal issues===
 +
Roughly speaking, the possible attitudes are:
 +
* ''[[abolition]]'': "prostitution should be made to disappear"
 +
** "prostitution is immoral and prostitutes and their clients should be prosecuted": the prevailing attitude in much of the [[United States]] with a few exceptions like [[Nevada]].
 +
** "prostitution is a sad reality of exploitation of the prostitutes, especially women, but prostitutes should not be criminalized", the current situation in [[Turkey]].
 +
*** "the clients of prostitutes exploit the prostitutes": prostitutes are not prosecuted, but their clients and pimps are, which is the current situation in [[Sweden]].
 +
*** prostitution is legal, but discouraged, while pimping is prohibited, the current situation in the [[United Kingdom]] and [[France]] among others;
 +
* ''[[regulation]]'': prostitution may be considered a legitimate business; prostitution and the employment of prostitutes are legal, but regulated (with respect to health etc. concerns); the current situation in the [[Netherlands]], [[Germany]] and parts of [[Nevada]].
 +
* ''[[legalization]]'': "prostitution is a [[public order crime|victimless crime]], and should be made completely legal so that it is no longer an underground activity, allowing the normal checks and balances of society and existing laws to apply"
 +
* ''[[decriminalization]]'': "prostitution is labor like any other. Sex industry premises should not be subject to any special regulation or laws" such as in [[Australia]] and [[New Zealand]]. Proponents of this view often cite instances of government regulation under legalization that they consider intrusive, demeaning, or violent, but feel that criminalization adversely affects sex workers.
 +
 
 +
In some countries, there is controversy regarding the laws applicable to sex work. For instance, the legal stance of punishing pimping while keeping sex work legal but "underground" and risky is often denounced as hypocritical; opponents suggest either going the full abolition route and criminalize clients or making sex work a regulated business.
 +
 
 +
Many countries have sex worker advocacy groups which lobby against criminalization and discrimination of prostitutes.
 +
These groups generally oppose Nevada-style regulation and oversight, stating that prostitution should be treated like other professions. In the United States of America, one such group is [[COYOTE]] (an abbreviation for "Call Off Your Old Tired Ethics") and another is the North American Task Force on Prostitution[http://www.bayswan.org/NTFP.html]. In Australia the lead sex worker rights organisation is Scarlet Alliance, [http://www.scarletalliance.org.au]. International prostitutes' rights organizations include the International Committee for Prostitute's Rights [http://www.voy.com/164439/157.html?z=1] and the Network of Sex Work Projects [http://www.nswp.org].
 +
 
 +
Other groups, often with religious backgrounds, focus on offering women a way out of the world of prostitution while not taking a position on the legal question.
 +
 
 +
===Criminal behavior===
 +
{{sectstub}}
 +
In areas where prostitution is illegal, sex workers are commonly charged with crimes ranging from pandering to [[tax evasion]].  Their clients can be charged with [[solicitation]] of prostitution.  Prosecution for various other [[sex crimes]] can be sought against the client and pimps depending on such things as the age of the prostitute and the nature of the act performed.
 +
 
 +
===Feminism===
 +
Since most prostitutes are women, prostitution is a significant issue in [[feminism|feminist]] thought and activism.  Some feminists argue that the act of selling sex need not inherently be exploitative, but that attempts to abolish prostitution - and the attitudes that lead to such attempts - lead to an abusive climate for sex workers that must be changed.  In the new discourse, the redefinition of prostitution as "sex work" saw the development of the sex worker activism movement, comprising organisations such as the Australian Prostitutes Collective and [[COYOTE]].
 +
 
 +
Feminists who believe that prostitution is inherently exploitative, such as authors like [[Andrea Dworkin]], herself an ex-prostitute, argued in the 1980s that commercial sex is a form of rape enforced by poverty (and often overt violence by pimps). Proponents reject the idea that prostitution can be reformed.  These feminists believe that the assumptions that women exist for men's sexual enjoyment, that all men "need" sex, or that the bodily integrity and sexual pleasure of women is irrelevant underlie the whole idea of prostitution, and make it an inherently exploitative, sexist practice. One feminist argument against Dworkin's position is that prostitution, in so far as it colludes with the perception of an inherent 'need' on the part of men for sexual release, is exploiting men more than it exploits women.
 +
 
 +
Sweden's 1999 law forbidding the purchase (but not sale) of sex was a natural extension of this view; the Swedish legal approach represents an attempt to understand prostitution from the prostitute's point of view, rather than that of the buyer. Many prostitutes in Sweden have decried the laws targeting clients, as they say the laws just drive the industry further underground and reduce sex workers' incomes without providing greater safety.
 +
 
 +
Some jurisdictions have responded to sex worker activism by decriminalising prostitution. The rationale for these legal reforms has been to extend to sex workers the same health and safety standards that apply to other professions involving close bodily contact, for example dentistry, nursing or hairdressing.
 +
 
 +
==History==
 +
 
 +
Prostitution is often described as "the world's oldest profession".  It has been thought that prostitution (at least in the modern sense) cannot have emerged before the emergence of [[money]], which can only have taken place after the emergence of several trades, and it has been claimed that—when excluding [[hunting]]—[[midwifery]], or perhaps [[gardening]] or [[teaching]], are really the world's oldest professions.{{fact}} However, prostitution in exchange for goods or services may have been common for many thousands of years and may date to early man.  Additionally, prostitution has been noted in [[Bonobo]] [[chimpanzee]] behavior based around access to food and gifts of food, and in [[penguin]]s in regard to access for suitable stones for [[nest]] building. Until the age of industrialization the world was basically agrarian, so goods and services were most often obtained by barter.
 +
 
 +
===In the ancient world===
 +
====Near East====
 +
One of the first forms is [[sacred prostitution]], supposedly practiced among [[Sumerians]]. In ancient sources ([[Herodotus]], [[Thucydides]]) there are many traces of sacred prostitution, starting perhaps with [[Babylon]], where each woman had to reach, once in their lives, the sanctuary of ''Militta'' ([[Aphrodite]]s or Nana/Anahita) and there have sex with a foreigner as a sign of hospitality for a symbolic price.
 +
 
 +
Prostitution was common in [[ancient Israel]], despite being tacitly forbidden by [[Jewish Law]].  Some prophets, like [[Hosea]] and [[Ezekiel]], strongly fought it.  Within the religion of [[Canaan]], a significant portion of temple prostitutes were male. It was widely used in [[Sardinia]] and in some of the [[Phoenicia]]n cultures, usually in honour of the goddess [[`Ashtart|‘Ashtart]]. Presumably by the Phoenicians, this practice was developed in other ports of the [[Mediterranean Sea]], such as [[Erice]] ([[Sicily]]), [[Locri|Locri Epizephiri]], [[Crotone|Croton]], Rossano Vaglio, and Sicca Veneria. Other hypotheses regard [[Asia Minor]], [[Lydia]], [[Syria]] and Etruscans.
 +
 
 +
In a story in the [[Bible]], a prostitute in [[Jericho]] named [[Rahab]] assisted Israelite spies with her knowledge of the current socio-cultural and military situation due to her popularity with the high ranking nobles she serviced, among others. The spies, in return for the information, promised to save her and her family during the planned military invasion as long as she fulfilled her part of the deal by keeping the details of the contact with them secret and leaving a sign on her residence that would be a marker for the advancing soldiers to avoid. When the people of Israel conquered Canaan she left prostitution, converted to Judaism and married a prominent member of the people.
 +
 
 +
====Greece====
 +
{{Main|Prostitution in Ancient Greece}}
 +
 
 +
In ancient Greek society, prostitution was engaged in by both women and boys. The Greek word for prostitute is ''porne'', derived from the verb ''pernemi'' (to sell), with the evident modern evolution. Female prostitutes could be independent and sometimes influential [[woman|women]]. They were required to wear distinctive dresses and had to pay taxes. Some similarities have been found between the Greek ''[[hetaera]]'' and the Japanese ''[[oiran]]'', complex figures that are perhaps in an intermediate position between prostitution and [[courtisanerie]]. (See also the Indian [[tawaif]].) Some prostitutes in ancient Greece, such as [[Lais]] were as famous for their company as their [[beauty]], and some of these women charged extraordinary sums for their services.
 +
 
 +
[[Solon]] instituted the first of Athens' brothels (''oik'iskoi'') in the [[6th century B.C.E.]], and with the earnings of this business he built a temple dedicated to Aprodites Pandemo (or Qedesh), patron goddess of this commerce. Procuring, however, was severely forbidden. In [[Cyprus]] (Paphus) and in [[Corinth, Greece|Corinth]], a type of religious prostitution was practiced where the temple counted more than a thousand prostitutes (''hierodules''), according to [[Strabo]].
 +
 
 +
Each specialised category had its proper name, so there were the ''chamaitypa'i'', working outdoor (lie-down), the ''perepatetikes'' who met their customers while walking (and then worked in their houses), the ''gephyrides'', who worked near the bridges. In the 5th century, Ateneo informs us that the price was of 1 ''obole'', a sixth of a drachma and the equivalent of an ordinary worker's day salary. The rare pictures describe that [[Sexual intercourse|sex]] was performed on beds with covers and pillows, while [[triclinia]] usually didn't have these accessories.
 +
 
 +
Male prostitution was also common in Greece. It was usually practiced by adolescent boys, a reflection of the [[Pederasty in ancient Greece|pederastic]] tastes of Greek men. Slave boys worked the male brothels in Athens, while free boys who sold their favors risked losing their political rights as adults.
 +
 
 +
[[Image:Griechen31.jpg|thumb|Customer and a prostitute illustrated on an [[ancient Greek]] [[Kylix (drinking cup)|wine cup]].]]
 +
[[Image:Liegende Hetäre.jpg|thumb|[[Ancient Rome|Roman]] [[hetaera]], [[relief]], around 2nd century—head is missing]]
 +
 
 +
====Rome====
 +
<span id="RomeTV"/>
 +
In [[ancient Rome]], while there were some commonalities with the Greek system, as the Empire grew prostitutes were often foreign [[slavery|slaves]], captured, purchased, or raised for that purpose, sometimes by large-scale "prostitute farmers" who took [[child abandonment|abandoned children]].  Indeed, abandoned children were almost always raised as prostitutes.<ref>Justin Martyr, ''First Apology'' [http://www.newadvent.org/fathers/0126.htm] "But as for us, we have been taught that to expose newly-born children is the part of wicked men; and this we have been taught lest we should do any one an injury, and lest we should sin against God, first, because we see that almost all so exposed (not only the girls, but also the males) are brought up to prostitution."</ref>  Enslavement into prostitution was sometimes used as a legal punishment against criminal free women. Buyers were allowed to inspect naked men and women for sale in private and there was no stigma attached to the purchase of males by a male aristocrat. A large brothel found in [[Pompeii]] called the Lupanar attests to the widespread use of prostitutes in Rome around the turn of the century. [[Life expectancy]] for prostitutes was generally low, {{fact}} but some managed to get free and establish themselves e.g. as folk doctors. Like Greece, Roman prostitution was highly categorized, with titles for prostitutes and their places of trade including:
 +
:''Ælicariae, Amasiae, Amatrix, Ambubiae, Amica, Blitidae, Busturiae, Casuaria, Citharistriae, Copae, Cymbalistriae, Delicatae, Diobolares, Diversorium, Doris, Famosae, Forariae, Fornix, Gallinae, Lupae, Lupanaria, Meretrix, Mimae, Noctiluae, Nonariae, Pergulae, Proseda, Prostibula, Quadrantariae, Scorta erratica, Scortum, Stabulae, Tabernae, Tugurium, and Turturilla.''
 +
 
 +
===Middle Ages===                                       
 +
During the Middle Ages prostitution was commonly found in urban contexts. Although all forms of sexual activity outside of marriage were regarded as sinful by the [[Roman Catholic Church]], prostitution was tolerated because it was held to prevent the greater [[evil]]s of [[rape]], [[sodomy]], and [[masturbation]] (MCCall, 1979). [[Augustine of Hippo]] held that: "If you expel prostitution from society, you will unsettle everything on account of lusts". The general tolerance of prostitution was for the most part reluctant, and many canonists urged prostitutes to reform.
 +
 
 +
After the decline of organised prostitution of the Roman empire, many prostitues were slaves. However, religious campaigns against slavery, and the growing marketisation of the economy, turned prostitution back into a business. By the [[High Middle Ages]] it is common to find town governments ruling that prostitutes were not to ply their trade within the [[town wall]]s, but they were tolerated outside if only because these areas were beyond the jurisdiction of the authorities. In many areas of France and Germany town governments came to set aside certain streets as areas where prostitution could be tolerated. In London the brothels of [[Southwark]] were even owned by the Bishop of Winchester. (MCCall) Still later it became common in the major towns and cities of [[Southern Europe]] to establish civic brothels, whilst outlawing any prostitution taking place outside these brothels. In much of [[Northern Europe]] a more [[laissez faire]] attitude tended to be found.<ref>{{cite book|title=[[Europe: A History]]|author=[[Norman Davies]]|id=ISBN 0-19-820171-0|year=1996|pages=p. 413}}</ref> Prostitutes also found a fruitful market in the Crusades.
 +
 
 +
===16th century===
 +
By the very end of the fifteenth century attitudes seemed to have begun to harden against prostitution. With the advent of the Protestant [[Reformation]] numbers of Southern German towns closed their brothels in an attempt to eradicate prostitution. The prevalence of [[Sexually transmitted infection|sexually transmitted disease]] from the earlier sixteenth century may also have influenced attitudes.
 +
[[Image:Koceks - Surname-i Vehbi.jpg|thumb|right|250px|[[Köçek]] troupe at a fair. Recruited from the ranks of colonized ethnic groups, köçeks were entertainers and sex workers in the [[Ottoman empire]].]]
 +
In some periods prostitutes had to distinguish themselves by particular signs, sometimes wearing very short hair or no hair at all, or wearing [[veil]]s in societies where other women did not wear them. Ancient codes regulated in this case the crime of a prostitute that dissimulated her profession. In some cultures, prostitutes were the sole women allowed to sing in public or act in theatrical performances.
 +
 
 +
===18th century to present===
 +
In the 18th century, presumably in [[Venice]], prostitutes started using [[condom]]s, made with catgut or cow bowel.
 +
 
 +
Many of the women who posed in 19th and early 20th century [[vintage erotica]] were prostitutes. The most famous were the [[New Orleans]] women who posed for [[E. J. Bellocq]].
 +
 
 +
In the 19th century, legalized prostitution became a public controversy as [[France]] and then the [[United Kingdom]] passed the [[Contagious Diseases Acts]], legislation mandating pelvic examinations for suspected prostitutes. Many early [[feminists]] fought for their repeal, either on the grounds that prostitution should be illegal and therefore not government regulated or because it forced degrading medical examinations upon women. This legislation applied not only to the United Kingdom and France, but also to their overseas colonies.
 +
 
 +
Originally, prostitution was widely legal in the [[United States]]. Prostitution was made illegal in almost all states between 1910 and 1915 largely due to the influence of the [[Woman's Christian Temperance Union]] which was influential in the banning of [[Recreational drug use|drug use]] and was a major force in the [[prohibition]] of alcohol. In 1917 the legally defined prostitution district [[Storyville]] in [[New Orleans]] was closed down by the Federal government over local objections. Prostitution remained legal in [[Alaska]] until 1953 (though not yet a US state), and is still legal in some counties of [[Nevada]].
 +
 
 +
Beginning in the late 1980s, many states increased the penalties for prostitution in cases where the prostitute is knowingly [[HIV]]-positive. These laws, often known as '''felony prostitution''' laws, require anyone arrested for prostitution to be tested for HIV, and if the test comes back positive, the suspect is then informed that any future arrest for prostitution will be a [[felony]] instead of a [[misdemeanor]]. Penalties for felony prostitution vary in the states that have such laws, with maximum sentences of typically 10 to 15 years in prison.  An episode of ''[[COPS]]'' which aired in the early 1990s detailed the impact of [[HIV/AIDS]] among prostitutes to which the felony prostitution laws is deemed as part of HIV/AIDS awareness. 
 +
 
 +
In the 1970s some religious groups were discovered practicing [[religious prostitution]] as an instrument to make new adepts.
 +
 
 +
==Other meanings==
 +
In colloquial usage, the word "prostitute" is sometimes generalized to mean the selling of one's services for a cause thought to be unworthy, in the sense of "prostituting oneself" or "whoring oneself". In this sense, the services or acts performed are typically not sexual. For instance, in the book, ''[[The Catcher in the Rye]]'', Holden Caulfield claims that his brother is in Hollywood, prostituting himself. In fact, he is writing screenplays.
 +
 
 +
==See also==
 +
{{wiktionary}}
 +
* [[Sex tourism]]
 +
* [[Hierodule]], [[religious prostitution]]
 +
* [[Prostitution in Ancient Greece]]
 +
* [[Köçek]], [[Hammam|Tellak]], [[Bacchá]], [[Hijra (South Asia)|Hijra]]
 +
* [[Sex]], [[Sexual intercourse]], [[Human sexual behavior]], [[Sexually transmitted disease]]
 +
* [[Sex industry]], [[Sex worker]], [[professional dominant]], [[Courtesan]], [[Hetaera]], [[Oiran]], [[Rentboy]], [[Sanky-panky]], [[Call girl]], [[Shanghai woman]], [[Pimp|Pimp/Madame]], [[Child prostitution]]
 +
* [[Massage parlor]]
 +
* [[Red-light district]], [[Street prostitution]],  [[Victorian era]], [[Jack the Ripper]], [[Molly house]], [[List of famous prostitutes]]
 +
* [[Drug addiction]]
 +
* [[Sexual slavery]]
 +
* [[Trafficking in human beings]]
 +
* [[Prostitution (criminology)]]
 +
* [[Debt bondage]]
 +
* [[Comfort women]]
 +
* [[White slavery]]
 +
* [[Sex crime]]
 +
* [[The House of Dolls|Joy Division (World War II)]]
 +
* [[Recreation and Amusement Association]]
 +
* [[Male prostitution]]
 +
* [[Feminism]]
 +
* [[Sexually liberal feminism]]
 +
* [[Melissa Farley]]
 +
* [[Crackwhore]]
 +
 
 +
===Regional===
 +
* [[Prostitution in Thailand]], [[Bar fine]], [[Clinton Plaza]], [[Nana Plaza]], [[Patpong]], [[Pattaya]], [[Soi Cowboy]]
 +
* [[Prostitution in the Republic of Ireland]]
 +
* [[Prostitution in the Czech Republic]]
 +
* [[Prostitution in Germany]], [[Atlantis (brothel)|Atlantis]] (large German brothel)
 +
* [[Prostitution in the United States]], [[Prostitution in Nevada]]
 +
* [[Prostitution in South Korea]]
 +
* [[Prostitution in Japan]]
 +
* [[Prostitution in India]]
 +
* [[Prostitution in the People's Republic of China]]
 +
* [[Prostitution in Nevada]]
 +
* [[Prostitution in New Zealand]]
 +
* [[Prostitution in Germany]]
 +
* [[Prostitution in the Netherlands]]
 +
* [[Prostitution in the United Kingdom]]
 +
* [[Prostitution in Sweden]]
 +
 
 +
==References==
 +
<references/>
 +
<div class="references-small">
 +
*Campbell, Russell. ''Marked Women: Prostitutes and Prostitution in the Cinema'', 2005 University of Wisconsin Press.
 +
*Castillo DN, Jenkins EL. Industries and occupations at high risk for work-related homicide. J Occup Med 1994;36:125–32.
 +
*D. Brewer ''et al.'' Prostitution and the sex discrepancy in reported number of sexual partners. Proc Natl Acad Sci U S A. 2000 24 October; 97(22): 12385-12388.
 +
*McCall, Andrew: "The Medieval Underworld". Hamish Hamilton, 1979. ISBN 0750937270 
 +
*Michael, R. T., Gagnon, J. H.,.Laumann, E. O., & Kolata, G. ''Sex in America'', Boston: Little, Brown, 1994.
 +
* [http://membres.lycos.fr/octavemirbeau/darticles/PM-Venal%20women.pdfOctave Mirbeau, Octave, ''The love of a venal woman''].
 +
*Phoenix, J. ''Making Sense of Prostitution'', Basingstoke: Palgrave, 2001.
 +
* Preston, John. ''Hustling, A Gentlemen's Guide to the Fine Art of Homosexual Prostitution'', Badboy Books, 1997.
 +
* Perlongher, Néstor Osvaldo. ''O negócio do michê, prostituição viril em São Paulo'', 1ª edição 1987, editora brasiliense.
 +
* Potterat JJ, Woodhouse DE, Muth JB & Muth SQ.  Estimating the prevalence and career longevity of prostitute women.  Journal of Sex Research 1990; 27: 233 243.
 +
* Potterat JJ, Brewer DD, Muth SQ, Rothenberg RB, Woodhouse DE, Muth JB, Stites HK & Brody S. Mortality in a long-term open cohort of prostitute women.  American Journal of Epidemiology 2004; 159(8) 778-785.
 +
** Full text: [http://aje.oxfordjournals.org/cgi/content/full/159/8/778]
 +
* The UN ''[[Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others]]'' (1949)
 +
** Full text: [http://www.unhchr.ch/html/menu3/b/treaty11a.htm Status of ratifications, reservations and declarations]
 +
*Weitzer, Ronald  (ed.), ''Sex For Sale: Prostitution, Pornography, and the Sex Industry''. New York: Routledge, 2000.
 +
*Weitzer, Ronald. "New Directions in Research on Prostitution," ''Crime, Law, and Social Change'', v.43, no.4-5, 2005.
 +
*Weitzer, Ronald. "Moral Crusade Against Prostitution," ''Society'', March-April, 2006.
 +
</div>
 +
 
 +
==External links and other resources==
 +
*[http://www.bayswan.org/penet.html Prostitutes' Rights Issues and Organizations Around the World] Prostitutes' Education Network
 +
* [http://www.liberator.net/articles/prostitution.html Legalized Prostitution: Regulating the Oldest Profession] The Liberator
 +
* [http://www.cbc.ca/bc/story/bc_pivot-sex-trade20060613.html Decriminalize sex trade: Vancouver report] CBC.ca, June 13th, 2006
 +
* [http://www.economist.com/opinion/displayStory.cfm?story_id=3151258 Prostitution |Sex is their business], [[The Economist]], 2 September 2004
 +
* [http://www.sfc.org.uk/sexlaws.html Sexual Freedom Coalition] Guide to Sex Laws in the UK
 +
* [http://www.bestescortjobs.com Prostitution guide in the U.S.]
 +
* [http://www.iusw.org The International Union of Sex Workers]
 +
* [http://sw5.info/law.htm UK laws regarding prostitution updated for 2006]
 +
*[http://www.aic.gov.au/publications/lcj/working/index.html ''Working girls : prostitutes, their life and social control''] [[Roberta Perkins| Perkins, Roberta]] Australian studies in law, crime and justice, ISBN 0 642 15877 0 Canberra: Australian Institute of Criminology, 1991
 +
* [http://news.bbc.co.uk/2/hi/asia-pacific/2783655.stm 'Asia's sex trade is 'slavery' - BBC] 
 +
* [http://news.bbc.co.uk/1/hi/business/4532617.stm 'Sex trade's reliance on forced labour - BBC]   
 +
* [http://news.bbc.co.uk/1/hi/world/europe/3979725.stm 'A modern slave's brutal odyssey - BBC]
 +
 
 +
 
 +
 
 +
 
 +
{{Credit1|Prostitution|105055484|}}

Revision as of 18:34, 3 February 2007


File:0405.Annabell 002.jpg
A sex worker in Germany.

The term prostitution refers to the act of having sexual intercourse or performing other sexual acts, explicitly for material compensation—normally money, but also other forms of property, including drugs, expensive clothing, jewelery, or real estate. Having multiple clients at the time is not required for being classified as prostitute, but normally is included; a woman who engages in sexual intercourse with one man for support may be distinguished as a mistress. The term may be used, loosely, to indicate someone who engages in sexual acts that are disapproved of — whether acts outside of marriage, or as a means to an affluent life style or the status associated with the customer (sometimes inside marriage). Cultural usage varies widely, and the use of the term as a pejorative means that it is used to indicate many acts that are not formally considered prostitution in a cultural context.

Most prostitutes are women who offer their services to men, although there are male prostitutes as well.

Terminology

The English word whore, referring to (female) prostitutes, is taken from the Old English word hōra (from the Indo-European root meaning "desire") but usage of that word is widely considered pejorative and prostitute is considered a less value-laden term. The French euphemism grande horizontale is sometimes used; on the other hand, in Germany most prostitutes' organizations deliberately use the word Hure (whore) since they feel that prostitute is a bureaucratic term and an unnecessary euphemism for something not in need of euphemisms. See also: call girl, courtesan, escort, female companion.

"The Procuress" by Dirck van Baburen

Male prostitutes offering their services to male customers are called "escorts", "hustlers", "rent boys", "punks" (US), "trade," or "boy toys." Male prostitutes offering services to female customers are comparatively rare and are known as "escorts" or "gigolos."

Organisers of prostitution are typically known as pimps (if male), madams (if female), and mama-sans if female and Asian. More formally, they practice procuring, and are procurers, or procuresses.

Another generalisation is using the term or an equivalent to mean any form of earning well in an unscrupulous degrading manner, e.g., 'quote whore', 'media whore'. The term pimp is also sometimes similarly used figuratively, as in poverty pimp, or as a word that means improve or fix.

Prostitutes are stigmatised in most societies and religions; their customers are typically stigmatised to a lesser degree. The sexual counterparties of prostitutes are known as clients in Quebec, Canada, johns in the United States and either clients or punters in the UK [citation needed], whilst in Sweden they are known as "Torskar", which means cod or loser [citation needed]. In some places, men who drive around red-light districts for the purpose of soliciting prostitutes are also known as kerb crawlers.

Overview

Prostitution occurs in many varied and different settings.

In street prostitution the prostitute solicits customers while waiting at street corners or "walking the street".

Brothels are establishments specifically dedicated to prostitution, often confined to special red-light districts in big cities. Other names for brothels include Bordello, Whorehouse and Cathouse. Prostitution also occurs in some massage parlours, and in Asian countries in some barber shops where sexual services may be offered for an additional tip.

In escort prostitution, the act takes place at the customer's place of residence or more commonly at his or her hotel room (currently referred to as "out-call"), or at the escort's place of residence or in a hotel room rented for the occasion by the escort (called "incall"). This form of prostitution often shelters under the umbrella of escort agencies, who ostensibly supply attractive escorts for social occasions. While escort agencies claim never to provide sexual services, very few successful escorts are available exclusively for social companionship. Even where this prostitution is legal, the euphemistic term "escort service" is common. (See call girl) In the US, escort agencies advertise frequently on the World Wide Web and example advertisements can be readily found on any major search engine and on open forum sites such as Craigslist. In the case of prostitutes using the internet to place ads, or prospective customers advertising for a prostitute, a long list of abbreviations and "code words" are used to describe how much a service may cost, or what specific act is being requested (see List of prostitution-related jargon terms).

Some escorts may work independently of an agency (indies). This is achieved by advertising the services on offer directly in newspapers, magazines or the internet. Communication with clients is usually made on a telephone and appointments are negotiated without any third party involvement. In some cases advertising may not be necessary if the prostitute sells her services only within a select group, such as a female university student prostituting herself to her male classmates out of economic necessity [1].

In sex tourism, travellers from rich countries travel to poorer countries such as Thailand in search of sexual services that may be unavailable in their own countries, or simply too expensive there. Other popular sex tourism destinations are Brazil, the Caribbean, and former eastern bloc countries.

The setting common in Russia and other countries of the former USSR takes the form of an open-air girl market. One prostitute stands by a roadside, and directs cars to a so-called "tochka" (usually located in alleyways or carparks), where lines of women are paraded for customers in front of their car headlights. The client selects a prostitute, whom he takes away in his car. This leaves the woman (often very young girls) particularly open to abuse. Prevalent in the late 1990s, this type of service has been steadily declining in the recent years.

A "lot lizard" is a commonly-encountered special case of street prostitution. Lot lizards mainly serve those in the trucking industry at truck stops and stopping centers. Prostitutes will often proposition truckers using a CB radio from vehicle parked in the non-commercial section of a truck stop parking lot, communicating through codes based on commercial driving slang, then join the driver in his truck.

Street prostitution


In street prostitution, the prostitute solicits customers while waiting at street corners, usually dressed in skimpy clothing. Street prostitutes are often called "street walkers" while their customers are referred to as "tricks" . The act is performed in the customer's car, in a nearby alley, or in a rented room (motels that service prostitutes commonly rent rooms by the half or full hour).

Escort/Out-call prostitution

Calling cards in a British phone box advertising the services of call girls

Escort agencies typically advertise in regional publications and even telephone listings like the Yellow Pages. Many maintain websites with photo galleries of the employees. An interested client contacts an agency by telephone and offers a description of what kind of escort they are looking for. The agency will then suggest an employee who might fit that client's need.

The agency collects the client's contact information and calls the escort. Usually, to protect the identity of the escort and ensure effective communication with the client, the agency arranges the appointment. Sometimes it may be up to the escort to contact the client directly to make arrangements for location and time of an appointment. If the agency does not supply transport to and from the client, the escort is also expected to call the agency upon arrival at the location and again upon leaving to assure his or her safe completion of the booking.

The purpose of these details is to attempt to protect the escort agency (to some degree) from prosecution for breaking the law. If the employee is solely responsible for arranging any illegal aspects of their professional encounter the agency could try to maintain plausible deniability should an arrest be made. However in practice, the use of undercover police evidence or the use of links to reviews of the agencies escorts usually results in this failing.

Typically, an agency will charge their escorts either a flat fee for each client connection or a percentage of the prearranged rate. In San Francisco, it is usual for typical heterosexual-market agencies to negotiate for as little as $100, up to a full 50 percent of an escort's reported earnings (not counting any gratuity received). If they work independently doing either incalls or outcalls, prices can range from $200 to over $5,000 for more exclusive services. Most transactions occur in cash, and optional tipping of escorts by clients in most major US cities is customary but not compulsory. Credit card processing offered by larger scale agencies is often available for a service charge.

Independent escorts, also known as providers, have differing fees depending on many factors. For example; different seasons bring about different costs (and differing levels of demand), as do regular and semi-regular customers. Some may charge by the hour, half hour or even in 15 minute blocks. Time extensions (if offered or requested) are usually priced at the same rate as the original booking. Some escorts pay another individual to act as their personal security, thus providing a level of protection to themselves from violent or abusive clients.

An escort who works less often may be able to command a premium for their exclusivity. One who sees several clients each day may charge less, but earn more in the end. A female university student working as a prostitute might charge less for sexual intercourse with male classmates in her dorm room, and more for clients from off-campus [2]. Independent escorts might see clients for extended meetings involving dinner or social activities, whereas escorts who work through agencies generally provide only sexual services.

Whilst the vast majority of escort agencies are sex related, there are some non-sexual escort agencies, where escorts provide companionship for business and social occasions.

Sex tourism

Sex tourism is travelling for sexual intercourse with prostitutes or to engage in other sexual activity. The World Tourism Organization, a specialized agency of the United Nations defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination". [3]

Often the term "sex tourism" is mistakenly interchanged with the term "child sex tourism". A tourist who has sex with a child prostitute possibly commits a crime against international law, in addition to the host country, and the country that the tourist is a citizen of. The term "child" is often used as defined by international law and refers to any person below the age of consent.

Socio-economic and legal status of prostitution

There is a superficial class divide between street walkers and high-end escorts. The services do tend to all be very similar. However, though locations may vary slightly, differences in price may be large. For example, a street-based sex worker who is paid $100 for sex may only take 30 seconds in the back seat of a client's car, however a brothel worker may have to do a full half-hour sex job for less.[verification needed]

The main difference in western countries between different forms of sex work is the legality. Street-based sex work is illegal in many countries. The enforcement of prostitution laws falls to police vice units. Another major factor is migration status. Illegal immigrants from fellow western countries can travel freely and work without attention from authorities. However migrants such as Asians, Eastern Europeans or citizens of countries in Latin America tend to be the focus of anti-trafficking attention and subject to being detained and deported. In Australia recent Senate inquiries have even heard about the un-investigated deportation of sex workers who may have actually been working legally in the sex industry. Although the motivation of many governmental and NGO efforts to end human trafficking in this way is sincere, some have levelled criticism at the amount of effort put in to ending the trafficking of women and children for sex when compared with the trafficking of people for non-sex labor, which is a far larger enterprise, touching on hundreds of different industries.

In addition to the first world, this also takes place in countries of Asia such as India and Thailand, where young girls are sometimes sold to brothel owners. In modern day Thailand and India this is becoming much rarer.

Female prostitutes, especially street prostitutes, are commonly associated with a pimp, a man who lives off the proceeds of several prostitutes and may offer some protection in return. The relationship between pimp and prostitute is often abusive, and is a source of much violence against prostitutes. Pimping is one way in which powerless or impoverished young women are recruited into sex work; the pimp will provide financial and emotional support, acting as boyfriend/friend, but eventually ask the young woman to perform sex acts for money. In areas where legal restrictions on prostitution are lighter, the power of pimps over prostitutes normally decreases, as the prostitutes are able to seek the protection of the law against their abusers.

There are other commercial sexual activities that are generally not classified as prostitution. These include acting and modeling for pornographic materials, even if this involves engaging in sexual intercourse; exotic dancing, which is naked, sexually provocative acting (sometimes involving masturbation) without physical contact with the customer; lap dancing, where the dancer may come into contact with the customer in sexually provocative but strictly limited ways; and commercial telephone sex.

In the case California v. Freeman, the California Supreme Court ruled that adult film makers could not be prosecuted under state laws against prostitution.

Legality of selling sex

File:Prostitutesinfrance.JPG
Prostitutes working in their vans in Lyon, France. This form of prostitution is often referred to as 'BMC'.

At one end of the legal spectrum, prostitution carries the death penalty in some Muslim countries; at the other end, prostitutes are tax-paying and unionised professionals in the Netherlands and brothels are legal and advertising businesses there (however, prostitutes must be at least 18 and the age of consent is 16 in other contexts). The legal situation in Germany, Switzerland (where the issue of legal age is a source of avid dispute, some insisting that one can legally be a prostitute as of one's sixteenth birthday, other maintaining it is eighteen), Greece, and New Zealand is similar to that in the Netherlands (see prostitution in the Netherlands, prostitution in Germany and prostitution in New Zealand). In the Australian state of New South Wales, any person over the age of 18 may offer to provide sexual services in return for money. In Victoria, a person who wishes to run a prostitution business must have a licence. Prostitutes working for themselves in their own business, as prostitutes in the business, must be registered. Individual sex workers are not required to be registered or licensed. In some countries the legal status of prostitution may vary depending on the activity; in Japan, for example, vaginal prostitution is against the law while fellatio prostitution is legal, as women who perform fellatio for money are not considered prostitutes in Japan.

In Turkey, street prostitution is illegal. Prostitution through government regulated brothels is legal. All brothels must have a license, and all sex workers working in brothels must be licensed as well. Municipality based "Commissions for the struggle against venereal diseases and prostitution" are in charge of issuing such licenses. Along with the reduction of perversity and sexual crimes in society, the Turkish brothel's main use is in times of invasion. Instead of having soldiers who are faced with dying for their country never having been in the company of a woman, the brothel allows the soldier to become "national" and boldly defend their country in time of need. This is similar to the comfort women used in Japan.

In the United Kingdom, prostitution is not formally illegal, but several activities surrounding it are outlawed. In England and Wales, the legal situation is:

  • for a prostitute to loiter or conduct solicitation in a street or public place is illegal, therefore outlawing street prostitution.
  • it is also illegal for a potential client to solicit persistently, or solicit from a motor vehicle ("kerb crawling").
  • owning or running a brothel is illegal.
  • child prostitution is specifically illegal for the person paying (where child is defined as younger than 18, although the age of consent is 16)
  • controlling prostitution for gain is an offence, banning pimping.

There has been long and widespread debate as to whether the a toleration of prostitution similar to that seen in The Netherlands and Germany should be extended. Local police forces have historically flipped between zero tolerance of prostitution and unofficial red light districts.

The Government announced on January 17, 2006, that in England and Wales it was considering allowing small brothels, whilst continuing the crackdown against kerb-crawling, which is seen as a nuisance. [1] A similar situation exists in Scotland, with prostitution itself not illegal but associated activities are. A Prostitution Tolerance Zones Bill was introduced into the Scottish Parliament but failed to become law.

In all but two U.S. states, the buying and selling of sexual services is illegal and usually classified as a misdemeanor. Regulated brothels are legal in several counties of Nevada (see prostitution in Nevada). In Rhode Island, the act of sex for money is not illegal, but street solicitation and operating a brothel are.

In Canada, prostitution itself is legal, but most other activities around it are not. It is illegal to live "off the avails" of prostitution (this law is intended to outlaw pimping) and it is illegal (for both parties) to negotiate a sex-for-money deal in a public place (which includes bars). To maintain a veneer of legality, escort agencies arrange a meeting between the escort and the client. A Canadian Supreme Court ruling in 1978 required that to be convicted of soliciting, a prostitute's activities must be "pressing and persistent". Similarly, in Bulgaria prostitution itself is legal, but most activities around it (such as pimping) are outlawed.

Rules vary as to which roles in prostitution are illegal: being a prostitute, being a client, or being a pimp. In Sweden it is legal to sell sex, but it is illegal to be a pimp and since 1999 also to buy sexual services. The reason for this law is to protect prostitutes, as many of them have been forced into prostitution by someone or by economic necessity. Norway has the same laws as Sweden, except that it's not illegal to buy sex. Prostitutes are generally viewed by the government as oppressed, while their clients are viewed as oppressors. In the case of a prostitute under 18 in the Netherlands, being the client or pimp is illegal, but being the prostitute is not, except if the client is also underage (under 16). In most countries with criminalized prostitution, prostitutes are arrested and prosecuted at a far higher rate than their clients.

In Brazil and Costa Rica prostitution per se is legal, but taking advantage or profit from others' prostitution is illegal.

Prostitution is legal for citizens in Denmark, but it is illegal to profit from prostitution. Prostitution is not regulated as in the Netherlands; instead, the government attempts through social services to bring people out of prostitution into other careers, and attempts to lessen the amount of criminal activity and other negative effects of prostitution.

In Thailand, prostitution is illegal as stated in the Prevention and Suppression Act, B.E. 2539 (1996) [2].

Establishments engaged in sexual slavery or owned by organized crime are the highest priority targets of law enforcement actions against prostitution. Police also frequently intervene when prompted by local resident complaints, often directed against street prostitution. In most countries where prostitution is illegal, at least some forms of it are tolerated. This ambiguous status allows the police to extort money or services, particularly information on criminal activities that prostitutes are often well-placed to obtain, from prostitutes in exchange for "looking the other way".

1941 Las Vegas hotel sign

Pimping is a sex crime in almost all jurisdictions. Some other countries retain the ill-defined offence of "living off the proceeds of others' prostitution", one of the prima facie evidences of which is co-habiting with a prostitute.

In 1949, the UN General Assembly adopted a convention stating that forced prostitution is incompatible with human dignity, requiring all signing parties to punish pimps and brothel owners and operators and to abolish all special treatment or registration of prostitutes. The convention was ratified by 89 countries but Germany, the Netherlands and the United States did not participate.

Some municipalities in the Netherlands would like a "zero tolerance policy" for brothels, i.e. not allow any, on moral grounds, but by law this is not possible. However, regulations, including restrictions in number and location are common. Whether a zero policy on urban planning grounds is allowed is still unclear.

Advertising prostitution

In countries where prostitution is legal, advertising it may be legal (as in the Netherlands) or illegal (as in Germany). In countries where prostitution is illegal, advertising it is usually also illegal.

Covert advertising for prostitution can take a number of forms:

  • by cards in newsagents' windows
  • by cards placed in public telephone enclosures: so-called tart cards
  • by euphemistic advertisements in regular magazines and newspapers (for instance, talking of "massages" or "relaxation")
  • in specialist contact magazines
  • via the World Wide Web
  • in public bathroom stalls (i.e. "for a good time call...")

Regulated prostitution

In some jurisdictions, such as Nevada (see prostitution in Nevada), Switzerland and in four Australian states or territories (Australian Capital Territory, Victoria, Queensland and the Northern Territory), prostitution is legal but heavily regulated.

Such approaches are often, but not always taken with the stance that prostitution is impossible to eliminate and thus these societies have chosen to regulate it in ways that reduce the more undesirable consequences. Goals of such regulations include controlling sexually transmitted disease, reducing sexual slavery, controlling where brothels may operate and dissociating prostitution from crime syndicates.

The Dutch legalisation of prostitution has similar objectives, as well as improving health and working conditions for the women and weakening the link between prostitution and criminality.

Daily Planet is a brothel in Melbourne, Australia whose shares were listed on the Australian Stock Exchange in 2003, before listing difficulties - investors were asked to undergo police checks before buying shares - forced the listed company to divest the brothel back into private ownership (the company remained listed and continues its other business interests). There are various regulatory regimes governing prostitution in Australia and a level of increasing professionalism is being seen in the industry with the establishment of business associations like the Queensland Adult Business Association [3] that ascribe to a strict ethical code which entrenches the independence of service providers.

Prostitution of children

Regarding the prostitution of children the laws on prostitution as well as those on sex with a child apply. If prostitution in general is legal there is usually a minimum age requirement for legal prostitution that is higher than the general age of consent (see above for some examples). Although some countries do not single out patronage of child prostitution as a separate crime, same act is punishable as sex with an underage.

Some pedophiles use sex tourism to have access to sex with children that is unavailable in their home country. Cambodia has become a notorious destination for these pedophiles.[citation needed] Several western countries have recently enacted laws with extraterritorial reach punishing citizens who engage in sex with minors in other countries. These laws are rarely enforced since the crime usually goes undiscovered. [4] [5] [6]

Prostitution and illegal immigration

A difficulty in many developed countries is the situation where persons immigrate illegally and work in the sex trade. (This is not quite the same issue as kidnapping and sex slavery). These people face deportation, and so do not have recourse to the law. Hence there are brothels that do not adhere to the usual legal standards intended to safeguard public health and the safety of the workers.

Violence against prostitutes

Prostitutes are at risk of violent crime [7], as well as possibly at higher risk of occupational mortality than any other group of women ever studied. For example, the homicide rate for female prostitutes was estimated to be 204 per 100,000 (Potterat et al, 2004), which is some times higher than that for the next riskiest occupations in the United States during a similar period (4 per 100,000 for female liquor store workers and 29 per 100,000 for male taxicab drivers) (Castillo et al., 1994). However, there are substantial differences in rates of victimization between street prostitutes and indoor prostitutes who work as escorts, call girls, or in brothels and massage parlors (Weitzer 2000, 2005). Perpetrators include violent clients, pimps, and corrupt law-enforcement officers. Prostitutes (particularly those engaging in street prostitution) are also sometimes the targets of serial killers, who may consider them easy targets, or use the religious and social stigma associated with prostitutes as justification for their murder. Being criminals in most jurisdictions, prostitutes are less likely than the law-abiding to be looked for by police if they disappear, making them favored targets of predators. The unidentified serial killer (or killers) known as Jack the Ripper is said to have killed at least five prostitutes in London in 1888. More recently, Robert Pickton, a Canadian who lived near Vancouver, made headlines after DNA supposedly matching that of several missing prostitutes was found buried on his farm. He now stands charged with the murder of 26 Vancouver area women, and is suspected by police of killing at least four more (though no charges have been laid). As of December 2006, a serial killer of prostitutes appears to be active in Ipswich, England (see 2006 Ipswich murder investigation).

Human (or sex) trafficking

The trafficking in human beings includes recruiting, harbouring, obtaining, and transporting people by use of force, deception, fraud or intimidation for the purpose of subjecting them to involuntary acts, such as prostitution. Perpetrators may use physical force, debt bondage, abuse, or even force-feeding with drugs to control their victims. The trafficking in human beings is not the same as people smuggling. A smuggler will facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is free; in people trafficking, the trafficking victim is kidnapped and enslaved. Victims do not agree to be trafficked: they are tricked and lured by false promises or physically forced.

Due to the illegal nature of trafficking (in this context, the illegal forced transportation of people), the exact extent of women and children forced into prostitution is unknown. A US Government report published in 2004, estimates that as many as 600,000 to 800,000 people worldwide are trafficked across borders each year [8]. These figures have been disputed by some (see International Review of Victimology, v.11, 2004). Whilst there is significant evidence of an increase in trafficking of women and children for forced prostitution, it is impossible to find reliable figures because of the clandestine nature of international trafficking and migration for purposes of prostitution.

The 1996 report of the United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography estimates that about one million children in Asia alone are victims of the sex trade. According to the International Labour Organization, the problem is especially alarming in Thailand, the Philippines, Sri Lanka, Vietnam, Cambodia, Nepal and India. [9]

Human trafficking is profitable. Globally, forced labour generates $31bn, half of it in the industrialised world, a tenth in transition countries, the International Labour Organization says in a report on forced labour ("A global alliance against forced labour", ILO, 11 May 2005). Trafficking in people has been facilitated by porous borders and advanced communication technologies, it has become increasingly transnational in scope and highly lucrative within its barbarity.

Many women unknowingly enter the sex trade when they respond to newspaper ads for jobs like waitressing, and nannying. Traffickers may own legitimate travel agencies, modeling agencies and employment offices in order to gain women's trust. Many people do find legitimate jobs abroad, so most women feel more or less safe when they are hired.

Many women are forced into the sex trade after answering false advertisements and others are simply kidnapped. Thousands of children are sold into the global sex trade every year. Often they are kidnapped or orphaned, and sometimes they are actually sold by their own families. These children often come from Asia, Africa, and South America.

Traffickers mostly target developing nations where the women are desperate for jobs. The women are often so poor that they can not afford things like food and health care. When the women are offered a position as a nanny or waitress, they often jump to the opportunity.

Prostitution & Sex Crimes

One studyin particular by Kirby Cundiff has indicated that for a US population of 275 million, the legalization of prostitution could decrease the number of rapes by approximately 25,000 annually.

Medical situation

Prostitution has often been associated with the spread of sexually transmitted diseases (STDs) such as HIV. However, this is disputed by empirical data. Although prostitutes are not regularly studied as a group by the CDC or other recognized institutions, what little has been done on the subject suggests that female prostitutes have either HIV rates similar to the population or lower. Nevertheless, intravenous drug using prostitutes carry very high rates of HIV relative to the population. Studies on non-intravenous drug using prostitutes are scarce to non-existent.

Typical responses to the problem are:

  • banning prostitution completely
  • introducing a system of registration for prostitutes that mandates health checks and other public health measures
  • educating prostitutes and their clients to encourage the use of barrier contraception and greater interaction with health care

Some think that the first two measures are counter-productive. Banning prostitution tends to drive it underground, making treatment and monitoring more difficult. Registering prostitutes makes the state complicit in prostitution and does not address the health risks of unregistered prostitutes. Both of the last two measures can be viewed as harm reduction policies.

In Australia where sex-work is largely legal, and registration of sex-work is not practiced, education campaigns have been extremely successful and the non-intravenous drug user (non-IDU) sex workers are among the lower HIV-risk communities in the nation. In part, this is probably due both to the legality of sex-work, and to the heavy general emphasis on education in regard to Sexually Transmitted Infections (STIs). Safer sex is heavily promoted as the major means of STI reduction in Australia, and sex education generally is at a high level. Sex-worker organisations regularly visit brothels and home workers, providing free condoms and lubricant, health information, and other forms of support.

The encouragement of safer sex practices, combined with regular testing for sexually transmitted diseases, has been very successful when applied consistently. Prostitution appears to have little effect as a vector of STDs when safer sex practices are applied consistently. However, in countries and areas where safer sex precautions are either unavailable or not practiced for cultural reasons, prostitution appears to be a very active disease vector for all STDs, including HIV/AIDS.

Occurrence

According to the paper "Estimating the prevalence and career longevity of prostitute women" (Potterat et al., 1990), the number of full-time equivalent prostitutes in a typical area in the United States (Colorado Springs, CO, during 1970–1988) is estimated at 23 per 100,000 population (0.023%), of which fraction some 4% were under 18. The length of these prostitutes' working careers was estimated at a mean of 5 years. A follow-up paper entitled "Prostitution and the sex discrepancy in reported number of sexual partners" (Brewer et al., 2000) goes on to estimate a mean number of 868 male sexual partners per prostitute per year of active sex work, and offers the conclusion that men's self-reporting of prostitutes as sexual partners is seriously under-reported.

A 1994 study found that 16 percent of 18 to 59-year-old men in a U.S. survey group had paid for sex (Gagnon, Laumann, and Kolata 1994).

A number of reports over the last few decades have suggested that prostitution levels have fallen in sexually liberal countries, perhaps because of the increased availability of non-commercial non-marital sex.[10]

Politics

Legal issues

Roughly speaking, the possible attitudes are:

  • abolition: "prostitution should be made to disappear"
    • "prostitution is immoral and prostitutes and their clients should be prosecuted": the prevailing attitude in much of the United States with a few exceptions like Nevada.
    • "prostitution is a sad reality of exploitation of the prostitutes, especially women, but prostitutes should not be criminalized", the current situation in Turkey.
      • "the clients of prostitutes exploit the prostitutes": prostitutes are not prosecuted, but their clients and pimps are, which is the current situation in Sweden.
      • prostitution is legal, but discouraged, while pimping is prohibited, the current situation in the United Kingdom and France among others;
  • regulation: prostitution may be considered a legitimate business; prostitution and the employment of prostitutes are legal, but regulated (with respect to health etc. concerns); the current situation in the Netherlands, Germany and parts of Nevada.
  • legalization: "prostitution is a victimless crime, and should be made completely legal so that it is no longer an underground activity, allowing the normal checks and balances of society and existing laws to apply"
  • decriminalization: "prostitution is labor like any other. Sex industry premises should not be subject to any special regulation or laws" such as in Australia and New Zealand. Proponents of this view often cite instances of government regulation under legalization that they consider intrusive, demeaning, or violent, but feel that criminalization adversely affects sex workers.

In some countries, there is controversy regarding the laws applicable to sex work. For instance, the legal stance of punishing pimping while keeping sex work legal but "underground" and risky is often denounced as hypocritical; opponents suggest either going the full abolition route and criminalize clients or making sex work a regulated business.

Many countries have sex worker advocacy groups which lobby against criminalization and discrimination of prostitutes. These groups generally oppose Nevada-style regulation and oversight, stating that prostitution should be treated like other professions. In the United States of America, one such group is COYOTE (an abbreviation for "Call Off Your Old Tired Ethics") and another is the North American Task Force on Prostitution[11]. In Australia the lead sex worker rights organisation is Scarlet Alliance, [12]. International prostitutes' rights organizations include the International Committee for Prostitute's Rights [13] and the Network of Sex Work Projects [14].

Other groups, often with religious backgrounds, focus on offering women a way out of the world of prostitution while not taking a position on the legal question.

Criminal behavior

In areas where prostitution is illegal, sex workers are commonly charged with crimes ranging from pandering to tax evasion. Their clients can be charged with solicitation of prostitution. Prosecution for various other sex crimes can be sought against the client and pimps depending on such things as the age of the prostitute and the nature of the act performed.

Feminism

Since most prostitutes are women, prostitution is a significant issue in feminist thought and activism. Some feminists argue that the act of selling sex need not inherently be exploitative, but that attempts to abolish prostitution - and the attitudes that lead to such attempts - lead to an abusive climate for sex workers that must be changed. In the new discourse, the redefinition of prostitution as "sex work" saw the development of the sex worker activism movement, comprising organisations such as the Australian Prostitutes Collective and COYOTE.

Feminists who believe that prostitution is inherently exploitative, such as authors like Andrea Dworkin, herself an ex-prostitute, argued in the 1980s that commercial sex is a form of rape enforced by poverty (and often overt violence by pimps). Proponents reject the idea that prostitution can be reformed. These feminists believe that the assumptions that women exist for men's sexual enjoyment, that all men "need" sex, or that the bodily integrity and sexual pleasure of women is irrelevant underlie the whole idea of prostitution, and make it an inherently exploitative, sexist practice. One feminist argument against Dworkin's position is that prostitution, in so far as it colludes with the perception of an inherent 'need' on the part of men for sexual release, is exploiting men more than it exploits women.

Sweden's 1999 law forbidding the purchase (but not sale) of sex was a natural extension of this view; the Swedish legal approach represents an attempt to understand prostitution from the prostitute's point of view, rather than that of the buyer. Many prostitutes in Sweden have decried the laws targeting clients, as they say the laws just drive the industry further underground and reduce sex workers' incomes without providing greater safety.

Some jurisdictions have responded to sex worker activism by decriminalising prostitution. The rationale for these legal reforms has been to extend to sex workers the same health and safety standards that apply to other professions involving close bodily contact, for example dentistry, nursing or hairdressing.

History

Prostitution is often described as "the world's oldest profession". It has been thought that prostitution (at least in the modern sense) cannot have emerged before the emergence of money, which can only have taken place after the emergence of several trades, and it has been claimed that—when excluding huntingmidwifery, or perhaps gardening or teaching, are really the world's oldest professions.[citation needed] However, prostitution in exchange for goods or services may have been common for many thousands of years and may date to early man. Additionally, prostitution has been noted in Bonobo chimpanzee behavior based around access to food and gifts of food, and in penguins in regard to access for suitable stones for nest building. Until the age of industrialization the world was basically agrarian, so goods and services were most often obtained by barter.

In the ancient world

Near East

One of the first forms is sacred prostitution, supposedly practiced among Sumerians. In ancient sources (Herodotus, Thucydides) there are many traces of sacred prostitution, starting perhaps with Babylon, where each woman had to reach, once in their lives, the sanctuary of Militta (Aphrodites or Nana/Anahita) and there have sex with a foreigner as a sign of hospitality for a symbolic price.

Prostitution was common in ancient Israel, despite being tacitly forbidden by Jewish Law. Some prophets, like Hosea and Ezekiel, strongly fought it. Within the religion of Canaan, a significant portion of temple prostitutes were male. It was widely used in Sardinia and in some of the Phoenician cultures, usually in honour of the goddess ‘Ashtart. Presumably by the Phoenicians, this practice was developed in other ports of the Mediterranean Sea, such as Erice (Sicily), Locri Epizephiri, Croton, Rossano Vaglio, and Sicca Veneria. Other hypotheses regard Asia Minor, Lydia, Syria and Etruscans.

In a story in the Bible, a prostitute in Jericho named Rahab assisted Israelite spies with her knowledge of the current socio-cultural and military situation due to her popularity with the high ranking nobles she serviced, among others. The spies, in return for the information, promised to save her and her family during the planned military invasion as long as she fulfilled her part of the deal by keeping the details of the contact with them secret and leaving a sign on her residence that would be a marker for the advancing soldiers to avoid. When the people of Israel conquered Canaan she left prostitution, converted to Judaism and married a prominent member of the people.

Greece

In ancient Greek society, prostitution was engaged in by both women and boys. The Greek word for prostitute is porne, derived from the verb pernemi (to sell), with the evident modern evolution. Female prostitutes could be independent and sometimes influential women. They were required to wear distinctive dresses and had to pay taxes. Some similarities have been found between the Greek hetaera and the Japanese oiran, complex figures that are perhaps in an intermediate position between prostitution and courtisanerie. (See also the Indian tawaif.) Some prostitutes in ancient Greece, such as Lais were as famous for their company as their beauty, and some of these women charged extraordinary sums for their services.

Solon instituted the first of Athens' brothels (oik'iskoi) in the 6th century B.C.E., and with the earnings of this business he built a temple dedicated to Aprodites Pandemo (or Qedesh), patron goddess of this commerce. Procuring, however, was severely forbidden. In Cyprus (Paphus) and in Corinth, a type of religious prostitution was practiced where the temple counted more than a thousand prostitutes (hierodules), according to Strabo.

Each specialised category had its proper name, so there were the chamaitypa'i, working outdoor (lie-down), the perepatetikes who met their customers while walking (and then worked in their houses), the gephyrides, who worked near the bridges. In the 5th century, Ateneo informs us that the price was of 1 obole, a sixth of a drachma and the equivalent of an ordinary worker's day salary. The rare pictures describe that sex was performed on beds with covers and pillows, while triclinia usually didn't have these accessories.

Male prostitution was also common in Greece. It was usually practiced by adolescent boys, a reflection of the pederastic tastes of Greek men. Slave boys worked the male brothels in Athens, while free boys who sold their favors risked losing their political rights as adults.

File:Griechen31.jpg
Customer and a prostitute illustrated on an ancient Greek wine cup.
File:Liegende Hetäre.jpg
Roman hetaera, relief, around 2nd century—head is missing

Rome

In ancient Rome, while there were some commonalities with the Greek system, as the Empire grew prostitutes were often foreign slaves, captured, purchased, or raised for that purpose, sometimes by large-scale "prostitute farmers" who took abandoned children. Indeed, abandoned children were almost always raised as prostitutes.[4] Enslavement into prostitution was sometimes used as a legal punishment against criminal free women. Buyers were allowed to inspect naked men and women for sale in private and there was no stigma attached to the purchase of males by a male aristocrat. A large brothel found in Pompeii called the Lupanar attests to the widespread use of prostitutes in Rome around the turn of the century. Life expectancy for prostitutes was generally low, [citation needed] but some managed to get free and establish themselves e.g. as folk doctors. Like Greece, Roman prostitution was highly categorized, with titles for prostitutes and their places of trade including:

Ælicariae, Amasiae, Amatrix, Ambubiae, Amica, Blitidae, Busturiae, Casuaria, Citharistriae, Copae, Cymbalistriae, Delicatae, Diobolares, Diversorium, Doris, Famosae, Forariae, Fornix, Gallinae, Lupae, Lupanaria, Meretrix, Mimae, Noctiluae, Nonariae, Pergulae, Proseda, Prostibula, Quadrantariae, Scorta erratica, Scortum, Stabulae, Tabernae, Tugurium, and Turturilla.

Middle Ages

During the Middle Ages prostitution was commonly found in urban contexts. Although all forms of sexual activity outside of marriage were regarded as sinful by the Roman Catholic Church, prostitution was tolerated because it was held to prevent the greater evils of rape, sodomy, and masturbation (MCCall, 1979). Augustine of Hippo held that: "If you expel prostitution from society, you will unsettle everything on account of lusts". The general tolerance of prostitution was for the most part reluctant, and many canonists urged prostitutes to reform.

After the decline of organised prostitution of the Roman empire, many prostitues were slaves. However, religious campaigns against slavery, and the growing marketisation of the economy, turned prostitution back into a business. By the High Middle Ages it is common to find town governments ruling that prostitutes were not to ply their trade within the town walls, but they were tolerated outside if only because these areas were beyond the jurisdiction of the authorities. In many areas of France and Germany town governments came to set aside certain streets as areas where prostitution could be tolerated. In London the brothels of Southwark were even owned by the Bishop of Winchester. (MCCall) Still later it became common in the major towns and cities of Southern Europe to establish civic brothels, whilst outlawing any prostitution taking place outside these brothels. In much of Northern Europe a more laissez faire attitude tended to be found.[5] Prostitutes also found a fruitful market in the Crusades.

16th century

By the very end of the fifteenth century attitudes seemed to have begun to harden against prostitution. With the advent of the Protestant Reformation numbers of Southern German towns closed their brothels in an attempt to eradicate prostitution. The prevalence of sexually transmitted disease from the earlier sixteenth century may also have influenced attitudes.

Köçek troupe at a fair. Recruited from the ranks of colonized ethnic groups, köçeks were entertainers and sex workers in the Ottoman empire.

In some periods prostitutes had to distinguish themselves by particular signs, sometimes wearing very short hair or no hair at all, or wearing veils in societies where other women did not wear them. Ancient codes regulated in this case the crime of a prostitute that dissimulated her profession. In some cultures, prostitutes were the sole women allowed to sing in public or act in theatrical performances.

18th century to present

In the 18th century, presumably in Venice, prostitutes started using condoms, made with catgut or cow bowel.

Many of the women who posed in 19th and early 20th century vintage erotica were prostitutes. The most famous were the New Orleans women who posed for E. J. Bellocq.

In the 19th century, legalized prostitution became a public controversy as France and then the United Kingdom passed the Contagious Diseases Acts, legislation mandating pelvic examinations for suspected prostitutes. Many early feminists fought for their repeal, either on the grounds that prostitution should be illegal and therefore not government regulated or because it forced degrading medical examinations upon women. This legislation applied not only to the United Kingdom and France, but also to their overseas colonies.

Originally, prostitution was widely legal in the United States. Prostitution was made illegal in almost all states between 1910 and 1915 largely due to the influence of the Woman's Christian Temperance Union which was influential in the banning of drug use and was a major force in the prohibition of alcohol. In 1917 the legally defined prostitution district Storyville in New Orleans was closed down by the Federal government over local objections. Prostitution remained legal in Alaska until 1953 (though not yet a US state), and is still legal in some counties of Nevada.

Beginning in the late 1980s, many states increased the penalties for prostitution in cases where the prostitute is knowingly HIV-positive. These laws, often known as felony prostitution laws, require anyone arrested for prostitution to be tested for HIV, and if the test comes back positive, the suspect is then informed that any future arrest for prostitution will be a felony instead of a misdemeanor. Penalties for felony prostitution vary in the states that have such laws, with maximum sentences of typically 10 to 15 years in prison. An episode of COPS which aired in the early 1990s detailed the impact of HIV/AIDS among prostitutes to which the felony prostitution laws is deemed as part of HIV/AIDS awareness.

In the 1970s some religious groups were discovered practicing religious prostitution as an instrument to make new adepts.

Other meanings

In colloquial usage, the word "prostitute" is sometimes generalized to mean the selling of one's services for a cause thought to be unworthy, in the sense of "prostituting oneself" or "whoring oneself". In this sense, the services or acts performed are typically not sexual. For instance, in the book, The Catcher in the Rye, Holden Caulfield claims that his brother is in Hollywood, prostituting himself. In fact, he is writing screenplays.

See also

  • Sex tourism
  • Hierodule, religious prostitution
  • Prostitution in Ancient Greece
  • Köçek, Tellak, Bacchá, Hijra
  • Sex, Sexual intercourse, Human sexual behavior, Sexually transmitted disease
  • Sex industry, Sex worker, professional dominant, Courtesan, Hetaera, Oiran, Rentboy, Sanky-panky, Call girl, Shanghai woman, Pimp/Madame, Child prostitution
  • Massage parlor
  • Red-light district, Street prostitution, Victorian era, Jack the Ripper, Molly house, List of famous prostitutes
  • Drug addiction
  • Sexual slavery
  • Trafficking in human beings
  • Prostitution (criminology)
  • Debt bondage
  • Comfort women
  • White slavery
  • Sex crime
  • Joy Division (World War II)
  • Recreation and Amusement Association
  • Male prostitution
  • Feminism
  • Sexually liberal feminism
  • Melissa Farley
  • Crackwhore

Regional

  • Prostitution in Thailand, Bar fine, Clinton Plaza, Nana Plaza, Patpong, Pattaya, Soi Cowboy
  • Prostitution in the Republic of Ireland
  • Prostitution in the Czech Republic
  • Prostitution in Germany, Atlantis (large German brothel)
  • Prostitution in the United States, Prostitution in Nevada
  • Prostitution in South Korea
  • Prostitution in Japan
  • Prostitution in India
  • Prostitution in the People's Republic of China
  • Prostitution in Nevada
  • Prostitution in New Zealand
  • Prostitution in Germany
  • Prostitution in the Netherlands
  • Prostitution in the United Kingdom
  • Prostitution in Sweden

References
ISBN links support NWE through referral fees

  1. [http://iwpr.net/?p=bcr&s=f&o=245728&apc_state=henibcr1999/
  2. [http://iwpr.net/?p=bcr&s=f&o=245728&apc_state=henibcr1999/
  3. U.N. World Tourism Organization Statement on the Prevention of Organized Sex Tourism
  4. Justin Martyr, First Apology [1] "But as for us, we have been taught that to expose newly-born children is the part of wicked men; and this we have been taught lest we should do any one an injury, and lest we should sin against God, first, because we see that almost all so exposed (not only the girls, but also the males) are brought up to prostitution."
  5. Norman Davies (1996). Europe: A History, p. 413. ISBN 0-19-820171-0. 
  • Campbell, Russell. Marked Women: Prostitutes and Prostitution in the Cinema, 2005 University of Wisconsin Press.
  • Castillo DN, Jenkins EL. Industries and occupations at high risk for work-related homicide. J Occup Med 1994;36:125–32.
  • D. Brewer et al. Prostitution and the sex discrepancy in reported number of sexual partners. Proc Natl Acad Sci U S A. 2000 24 October; 97(22): 12385-12388.
  • McCall, Andrew: "The Medieval Underworld". Hamish Hamilton, 1979. ISBN 0750937270
  • Michael, R. T., Gagnon, J. H.,.Laumann, E. O., & Kolata, G. Sex in America, Boston: Little, Brown, 1994.
  • Mirbeau, Octave, The love of a venal woman.
  • Phoenix, J. Making Sense of Prostitution, Basingstoke: Palgrave, 2001.
  • Preston, John. Hustling, A Gentlemen's Guide to the Fine Art of Homosexual Prostitution, Badboy Books, 1997.
  • Perlongher, Néstor Osvaldo. O negócio do michê, prostituição viril em São Paulo, 1ª edição 1987, editora brasiliense.
  • Potterat JJ, Woodhouse DE, Muth JB & Muth SQ. Estimating the prevalence and career longevity of prostitute women. Journal of Sex Research 1990; 27: 233 243.
  • Potterat JJ, Brewer DD, Muth SQ, Rothenberg RB, Woodhouse DE, Muth JB, Stites HK & Brody S. Mortality in a long-term open cohort of prostitute women. American Journal of Epidemiology 2004; 159(8) 778-785.
  • The UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949)
  • Weitzer, Ronald (ed.), Sex For Sale: Prostitution, Pornography, and the Sex Industry. New York: Routledge, 2000.
  • Weitzer, Ronald. "New Directions in Research on Prostitution," Crime, Law, and Social Change, v.43, no.4-5, 2005.
  • Weitzer, Ronald. "Moral Crusade Against Prostitution," Society, March-April, 2006.

External links and other resources


Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

The history of this article since it was imported to New World Encyclopedia:

Note: Some restrictions may apply to use of individual images which are separately licensed.