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.
|Number of pages||13|
|Journal||Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice|
|State||Published - Mar 2010|
- Legal fiction
- Sex work