But Whatever You Do, Don’t Legalize It

Saturday, January 12th, 2008

A new study by Freakanomics guru Steven Levitt comes to some uncomfortable conclusions about prostitution in Chicago. First, Levitt finds that prostitutes are more likely to have sex with city police than they are to be arrested by them:

They estimate that roughly 3 percent of all tricks performed by prostitutes who aren’t working with pimps are freebies given to police to avoid arrest. In fact, prostitutes get officially arrested only once per 450 tricks or so, leading the authors to conclude that “a prostitute is more likely to have sex with a police officer than to get officially arrested by one.”

Worse…

When freebies given to gang members are factored in, about one in 20 tricks go solely for protection and the “privilege” of plying their trade.

And worst-est…

Just as with recent studies of Mexican and Indian prostitutes, Levitt and Venkatesh find that payments go up substantially when condoms aren’t used. And plenty of johns are apparently happy to pay the premium: Condoms only get used about 20 percent of the time, the authors estimate.

Every one of these problems is the result of prostitution being illegal. In Nevada’s legal brothels, condom use is 100 percent. There’s no “protection sex” for crooked cops or gang members, and there hasn’t been a single case of HIV since 1988.

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17 Responses to “But Whatever You Do, Don’t Legalize It”

  1. #1 |  Travis McDermott | 

    I’m shocked to find gambling going on in this establishment!

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  2. #2 |  William Chandler | 

    So ………….. with ANY luck ………….. the Cops and Gang Members will get AIDS. Poetic Justice.

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  3. #3 |  Mikestermike | 

    By legalizing it, we’d be taking away the freebies the law enforcement folks are getting. Why, that is tantamount to taking away pay! No wonder vice squads exist: “Protect thy….”

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  4. #4 |  Scott Morgan | 

    When I did a ride-along here in D.C., I learned that prostitution is a very low law-enforcement priority in the nation’s capitol. There are some sophisticated operations that no one’s made much effort to take down.

    But I didn’t witness any police having prostitute sex and my request for an in depth look at the local prostitution industry was not honored.

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  5. #5 |  André Kenji | 

    Here in Brazil all prostitutes uses condoms. ;-)

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  6. #6 |  Persona non grata | 

    There is no such thing as 100%, that said the state can piss-off.

    Every damn politican in office is a prostitute.

    No harm no foul and no free-ones.

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  7. #7 |  Sydney Carton | 

    “payments go up substantially when condoms aren’t used. And plenty of johns are apparently happy to pay the premium”

    How would this change as a result of legalization?

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  8. #8 |  Jimi G | 

    1 in 20 tricks goes for protection? That means they keep 95% of what they earn, minus their pimp’s “agent” fee? Sounds like a better deal than us taxpaying slobs get!

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  9. #9 |  André Kenji | 

    “How would this change as a result of legalization?”

    Prostitutes could choose between a better pool of clients, them being able to refuse clients that doesn´t want to use condoms. And it would be easier to do educative campaigns.

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  10. #10 |  Elroy | 

    The problem I have with legalizing prostitution that I do not have with legalizing drugs is that many woman are coerced or forced into it whereas drugs are largely the free choice of the person using them. Legalizing drugs would make them unprofitable for criminal enterprises but I think with prostitution, given the small percentage of women who would willingly engage in the activity, the incentive would still be there to force women into this activity against their will.

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  11. #11 |  CK | 

    Lawyer: Will you sleep with me for a diamond ring?
    Young lady : Yes.
    Lawyer: will you sleep with me for $25?
    Young lady: What do you think I am????
    Lawyer: We have already decided that; now we are just dickering over price.

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  12. #12 |  CK | 

    Yes I know the above joke was hoary when Hamilton was trying to remake the articles of confederation.

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  13. #13 |  Sydney Carton | 

    “Prostitutes could choose between a better pool of clients, them being able to refuse clients that doesn´t want to use condoms. And it would be easier to do educative campaigns.”

    Could. Right? It sounds that if the market permits, condoms won’t be used in certain circumstances. I see nothing about legalization that would change the use of condoms or not. For the right price, it’s not used. That’s the market for you.

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  14. #14 |  Mike | 

    “1 in 20 tricks goes for protection? That means they keep 95% of what they earn, minus their pimp’s “agent” fee? Sounds like a better deal than us taxpaying slobs get!”

    Um, that’s in addition to the money the pimps take.

    ““How would this change as a result of legalization?”

    Prostitutes could choose between a better pool of clients, them being able to refuse clients that doesn´t want to use condoms. And it would be easier to do educative campaigns.”

    I disagree. Legalizing it provide a legal channel for the bulk of paid sex and allow vice cops to focus their efforts on illegal things, such as condom-free paid sex or involuntary/minor prostitutes.

    Radley, I think a better comparison would be to Australia, where you have a larger populace and a lot more unregulated paid sex. Comparing a legalized situation to heavily regulated brothels is not particularly illuminating.

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  15. #15 |  pris | 

    I thought cops liked donuts!

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  16. #16 |  Sydney Carton | 

    “Legalizing it provide a legal channel for the bulk of paid sex and allow vice cops to focus their efforts on illegal things, such as condom-free paid sex or involuntary/minor prostitutes.”

    Sheesh, and I thought you people were libertarians. Why would condom-free paid sex remain illegal? Because of the health risks? Would needle exchange drug use be illegal too, then? Someone please explain that one to me.

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  17. #17 |  Graham | 

    Great arguments for legalization, but the most important one is - it’s not the proper business of government to regulate what’s legal between consenting adults. Not to imply that anyone didn’t know that, just wanted it written down.

    Elroy - “The problem I have with legalizing prostitution that I do not have with legalizing drugs is that many woman are coerced or forced into it…”

    I take your point regarding incentivizing forced prostitution, but I don’t think it’s strong enough to support banning the institution altogether. For one thing, Nevada doesn’t seem to have a significant problem (correct me if you know otherwise). For another, I just heard a radio interview the other day with a guy from Project Meridian (www.projectmeridianfoundation.org) who was talking about the national and global problem with exactly the sort of coercion you mentioned, and it did not seem apparent from the interview that banning prostitution helped. If anything I would think that the reduced access resulting from a ban makes human trafficking more profitable.

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