Becoming a prostitute has certain benefits and costs. One benefit is the potential to earn money quickly. Costs include safety, health, and social stigma. By working for a program that helps women transition from their life on the street to a normal life, you are helping to lower the cost of going into the prostitution profession.
She quickly pointed out that it was unlikely that anyone entered prostitution directly because of her choice to volunteer. Surely, she must be correct. Her effect on the potential prostitutes is probably is not perceivable by someone initially considering whether to become a prostitute in the first place. Even if her effect was perceivable by a potential prostitute, her effect in helping women in isolation would likely be such a small factor compared to all the factors one must consider before becoming a prostitute. Thus, her volunteering is unlikely to be the deciding factor in any woman’s choice. Both points are very well taken.
She quickly pointed out that it was unlikely that anyone entered prostitution directly because of her choice to volunteer. Surely, she must be correct. Her effect on the potential prostitutes is probably is not perceivable by someone initially considering whether to become a prostitute in the first place. Even if her effect was perceivable by a potential prostitute, her effect in helping women in isolation would likely be such a small factor compared to all the factors one must consider before becoming a prostitute. Thus, her volunteering is unlikely to be the deciding factor in any woman’s choice. Both points are very well taken.
Although I basically agree with the above two premises of hers, and her argument is strong, I still believe she promotes prostitution at the end of the day. When considering the effect one has on potential prostitutes, one has to consider the aggregate effects. That is to say, although her acts in isolation do not cause people to become prostitutes, when you consider the acts of all the volunteers at all locations that support recovering prostitutes, their combined effect is likely tremendous. Without any volunteers, I’d imagine some centers for women would not be able to operate. With volunteers, you have programs, and the costs of prostitution lowers significantly.
My analysis on her effect on prostitution is essentially similar to the aggregation principle articulated by our Supreme Court in Wickard v. Filburn, 317 U.S. 111 (1942) or more recently in Gonzales v. Raich, 545 U.S. 1 (2005). My argument is similar to the way our legal system considers the aggregate effects of an action in deciding whether an action affects commerce for purposes of the Commerce Clause of our Constitution. In short, all the little acts add up and have a big effect.What do you think?
2 comments:
It's funny that you post about this now, because I was actually thinking about this conversation the other day. With the economic downturn and the struggles soon to be graduating law students are facing in finding jobs, I was sort of thinking over all my options and worst-case scenarios. Rather jokingly, I said to myself, "well, you can always become a stripper or a prostitute." It was funny and absurd at first, until I remembered the program we helped with - "well, if things do get that bad, there's always a way out. Make money for awhile, get tired of it or save enough and the program has a place to stay and a way back into regular society." Suddenly, what had been wholly absurd a moment before was now plausible and sort of ok. My next thought was, "wow, I guess Mr. Trizzle was right, knowing that the service is there does encourage prostitution in a way."
Note to my mother (and anyone else who cares): things would have to be really bad before I'd get to that point, like Fantine bad.
Consider an analogy: adult literacy programs decrease the lifelong costs of adult illiteracy, potentially lowering the costs of refusing to pay attention during elementary literacy education. It does not therefore follow that we ought to refuse to educate the illiterate adults in need of reading skills.
I think you've demonstrated that the Commerce Clause *allows* the gov't to discourage or sanction volunteerism with prostitutes, but not that it *must* do so. A ban on prostitution recovery programs would thus be a constitutional exercise of the Commerce Clause, but not necessarily (and IMO not even conceivably) a good policy.
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