Is Prostitution a Victimless Crime?
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Prostitution is considered a moral crime. Moral crimes don't necessarily involve breaking any major laws, or prosecution for any laws that do get broken. They involve the breaking of common morals or deviation from societal norms. An example of moral crime (asides from prostitution) is begging. While it doesn't land you any jail time, it is still actually a crime.
Prostitution falls under moral crime, because it deviates from the norm. The majority of people don't perform sexual acts to receive a payment. Many people see it as morally wrong, because they believe it represents violence against women, or that it requires loss of dignity. It is most often strongly disliked by those with religious backgrounds, as religion plays a great part in shaping morals. There is also an overlap between prostitution and trafficking, as many prostitutes are, or have been, trafficked; however, sex workers have said it is important to distinguish the two from each other, as they are not the same thing.
As stated in the above paragraph, a common argument siding with the opinion that there are victims within prostitution, is that it endorses violence against women. There have been many accounts of sex workers who have been assaulted and beaten, often having things done to them against their will. There is a belief that women who work as prostitutes have somehow given up their human rights and are exempt from the rights to protection which are easily given to other citizens. Public discourses concerning female safety often mention the view that women who do not act responsible with how they act are 'asking for it' or should not have the right to public protection, as they put themselves in that situation by choice. However, a person's human rights should still apply no matter what they choose to do with themselves, as it is their own business.
There is also the argument talking about trafficking often overlapping with prostitution. It is widely believed that prostitution must involve trafficking in every instance, and while that isn't the case, approximately 40% of prostitutes have reported that they were former child prostitutes, meaning they were forced into the industry by either being trafficked or being a teenage runaway. 40%, while not being the majority, is still a very large number. Despite the clear overlap in prostitution and trafficking, there was a study done by two academics, Liz Kelly and Linda Regan, which investigated the extent of the sex trafficking problem within the UK. They concluded that the problem could be anywhere between two to twenty times larger than what we know, however the meaning of the term "trafficking" has been loosened and broadened, making it lose it's rightful impact. People have exaggerated the amount of trafficked prostitutes by making assumptions, and have used it to describe the general movement of sex workers, even when they willingly travelled somewhere themselves.
An argument that agrees with the statement that prostitution is a victimless crime is that the criminalisation of prostitution is the main cause of the victimisation of anyone within the scenario, especially the offender. It is thought that criminalisation of prostitution is one of the leading structural factors that create vulnerability within the prostitutes. There is not only a link between criminalisation and violence against the individual providing the service, but also a link between criminalisation and HIV transmissions, further affecting the workers. Committing a crime in itself is seen as irresponsible and risky, meaning that society's generalised view of prostitution is that they are there because they have chosen to enter and stay in their situation. They also think that once someone enters the field of prostitution, they have immediately degraded themselves and they shouldn't complain, since it was their choice. This view in itself victimises sex workers, as now they feel that they are lesser and undeserving of protection rights. This in turn makes them more vulnerable and susceptible to violence. According to statistics, around 40% to 70% of prostitutes have or are experiencing some type of violence due to or within their career. This argument suggests that if prostitution was decriminalised, it would be a victimless activity or service; however, this is opposed by an observation of locations where prostitution is legal. It is shown that places that have made prostitution legal actually experience a larger amount of sex trafficking into the country, as do richer, more advanced countries with higher populations. And example of this is Germany, which further legalised prostitution in 2002 by allowing third-party involvement. Now, Germany considers prostitution a regular job subject to tax payment and retirements, with about 150,000 people actively working as prostitutes. Despite this, the estimated stock of trafficking victims in 2004 was 32,800, which is about 62 times more than in Sweden, a country which re-criminalised prostitution in 1999.
Bibliography:
Opinions on sex work:
https://www.globalsistersreport.org/news/trafficking/worldwide-debate-about-sex-work-morality-meets-reality-48216
Opinions for and against:
https://prostitution.procon.org/questions/is-prostitution-a-victimless-crime/
Violence against sex workers:
http://sro.sussex.ac.uk/id/eprint/26912/1/Phipps_VAWchapter.pdf
https://onlinelibrary.wiley.com/doi/full/10.1111/j.0141-9889.2004.00405.x
Trafficking and prostitution:
https://www.theguardian.com/uk/2009/oct/20/trafficking-numbers-women-exaggerated
https://www.sciencedirect.com/science/article/pii/S0305750X12001453#s0030
Criminalisation of sex work:
https://d8dev.nswp.org/sites/default/files/impact_of_criminalisation_pb_prf01.pdf
General statistics:
https://sex-crimes.laws.com/prostitution/prostitution-statistics