Prostitution – It’s already legal

The liberal democrats have passed a motion to enshrine the right to bodily autonomy, including the right to sell sex, into a statute.

When I was a boy my father explained to me that the reason that Britain was better than america was because while they enshrined “rights” our system of government assumed everything was legal unless it was prohibited by law. Of course this was in the late nineties before New Labour. I am all for prostitution being legal, but you know what? It already is. I suspect that is because it’s a little bit tricky to define in a way that doesn’t include young attractive women marrying octogenarians (though I don’t think it happens that much).

I wouldn’t mind seeing some legislation along the lines of what we used to have for Gambling in Britain. i.e. the contracts are unenforceable at law, at least on the side of the provider of the sexual acts in the sense that it should probably not be legal to bind your self into consenting to a future sexual act as that would get complicated with issues of serious sexual assault and the main reason I’d like to bring prostitution out of the shadows is so that there can be less of that. Whatever your opinion on prostitution is I don’t think many would argue that just because one is a prostitute means one should not be protected by the full force of the law when someone abuses you.

There is of course an issue to do with gangs and the threat of violence being used to push vulnerable women into prostitution. However, the laws we have on brothels are so extreme that if two women share a house for the purposes of mutual protection they are breaking the law, worse if they hire a cleaner or a bouncer (things I’d probably want if there suddenly became a large demand for obese, brown haired notherners and I became a male-prostitute) the police have been known to go after them because they can’t get the prostitute because they aren’t breaking the law!

So liberal democrats, when your being liberal it makes me very proud, but we don’t need to make prostitution legal, it already is (as I believe is the consumption of drugs) its the solicitation which is what people normally get done for and while we live in a world with regulated advertising it might not be unreasonable for that restriction to exist. If you want to make prostitution safer fight to repeal some of the dumb ass rules on brothels and encourage more prostitutes to pay tax.

1 thought on “Prostitution – It’s already legal

  1. it should probably not be legal to bind your self into consenting to a future sexual act

    I thought it was already the case that courts don’t (generally) order specific performance. If you pay for a house to be built and the builder does not build a house, the court doesn’t order the builder to build the house, they order the builder to give an appropriate refund. If you pay for a blowjob and the blowjob is not performed, the court won’t order that either.

    The problem, if any, with current laws surrounding prostitution is that because ‘profiting from prostitution’ is illegal, most corporate arrangements into which prostitutes enter historically and globally for the protection of themselves and for the vetting of clients become illegal.

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