TY - JOUR
T1 - Why is prostitution criminalized? an alternative viewpoint on the construction of sex work
AU - Hayes-Smith, Rebecca
AU - Shekarkhar, Zahra
PY - 2010/3
Y1 - 2010/3
N2 - Prostitution/sex work remains criminalized in most areas of the United States. While it can be sufficiently argued that prostitution is a dangerous occupation, the assumptions that the criminal law are prefaced on are not necessarily substantiated with sufficient evidence. Alternative constructions of prostitution such as decriminalization or legalization are backed by more support and can be asserted to be more just or fair from a legal standpoint and a public health perspective. Throughout the course of this critical review the assumptions on which prostitution rests are examined, along with who is potentially advantaged by the current construction and the legal fictions of the current law. Finally, alternative constructions are addressed that could be advanced and argue for prostitution to no longer be criminalized.
AB - Prostitution/sex work remains criminalized in most areas of the United States. While it can be sufficiently argued that prostitution is a dangerous occupation, the assumptions that the criminal law are prefaced on are not necessarily substantiated with sufficient evidence. Alternative constructions of prostitution such as decriminalization or legalization are backed by more support and can be asserted to be more just or fair from a legal standpoint and a public health perspective. Throughout the course of this critical review the assumptions on which prostitution rests are examined, along with who is potentially advantaged by the current construction and the legal fictions of the current law. Finally, alternative constructions are addressed that could be advanced and argue for prostitution to no longer be criminalized.
KW - Decriminalization
KW - Law
KW - Legal fiction
KW - Legalization
KW - Prostitution
KW - Sex work
UR - http://www.scopus.com/inward/record.url?scp=79956167895&partnerID=8YFLogxK
U2 - 10.1080/10282580903549201
DO - 10.1080/10282580903549201
M3 - Review article
AN - SCOPUS:79956167895
VL - 13
SP - 43
EP - 55
JO - Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice
JF - Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice
SN - 1028-2580
IS - 1
ER -