Legal Corner

Legalization vs Decriminalization...What's the dif?
sweetsable 43587 reads
posted

One the National Board there is sometimes debate about legalizing prostitution. It is often suggested that we "decriminalize" prostitution instead of legalize (ing) it...

My Question is this: WHAT IS THE DIFFERENCE?

sable

-- Modified on 5/24/2002 10:50:36 PM

-- Modified on 5/24/2002 10:51:03 PM

Alpha-Dog42501 reads

Sable asked: On the National Board there is sometimes debate about legalizing prostitution. It is often suggested that we "decriminalize" prostitution instead of legalize (ing) it...
My Question is this: WHAT IS THE DIFFERENCE?

Hi Sable.
Prostitution in the good old backward US of A is currently a criminal offense, i.e. a misdemeanor.  Decrimming it means making it an infraction (like a parking or speeding ticket) instead of a crim offense. Means you still get fined but no crim record. Still not legal, but much better than a crim offense.

Sincerely
Alpha-Dog

Hi Sable!
I found the following in the FAQ of alt.sex.prostitution.
http://www.faqs.org/faqs/alt-sex/prostitution/issues
Hope it helps...

***** What Is the Difference between "Legalizing" and "Decriminalizing" Prostitution?

Although there is no official definition of legalized or decriminalized prostitution, most references use the term "legalization" to refer to any system that specifically allows some prostitution.  Many (or most) societies that allow legal prostitution do so by giving the state control over the lives and businesses of those who work as prostitutes.  Legalization often includes special taxes for prostitutes, restricting prostitutes to working in brothels or in certain zones, licenses, registration of prostitutes and government records of individual prostitutes, and health checks which have historically been used to control and stigmatize prostitutes.

Prostitutes' rights organizations (e.g., COYOTE, North American Task Force on Prostitution) use the term "decriminalization" to mean the removal of laws against prostitution, in whole or in part. Decriminalization is usually used to refer to total decriminalization, that is, the total repeal of laws against consensual adult sexual activity, in both commercial and non-commercial contexts.  In decriminalized systems, prostitution businesses would be regulated through civil codes (including business and labor codes, standard zoning regulations, occupational health and safety codes, etc.) just as they are applied to any other businesses, so that prostitutes and clients could conduct business either in brothels or through private arrangements if they choose.  Existing criminal laws targeting abuse, coercion, etc., would also be applied in cases of violence or exploitation if associated with prostitution.


-- Modified on 5/25/2002 8:33:59 PM

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