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Written by Norma Jean Almodovar   
Friday, 23 September 2011 09:56

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Commercial Sex and the Rights of the Person: A Moral Argument for the Decriminalization of Prostitution

David A. J. Richards Professor of Law, New York University School of Law

May 1979

University of Pennsylvania Law Review

Comments/ Notes Subsection 1

A brilliant assessment of the prostitution laws and the need to decriminalize consenting adult commercial sex. This was written before the porn case was heard before the California courts- which decriminalized porn but left prostitutes as outlaws.


Commercial Sex: Beyond Decriminalization

Sylvia A. Law/Elizabeth K. Dollard, New York University School of Law

March 2000

Southern California Law Review

Comments/ Notes Subsection 2

“This Article argues that: 1) criminal sanctions against people who offer sex for money should be repealed, 2) legal remedies and programs to protect commercial sex workers from violence, rape, disease, exploitation, coercion and abuse should be enhanced...”


A) Right of Privacy Challenges to     Prostitution Statutes

B)Decriminalization of Prostitution: The Limits of the Criminal Law

C) Non Victim Crime and the  Regulation of Prostitution


A) Catherine D. Perry  B)Therese M. Wandling  C)Professor John Kaplan


A) Washington University Law Review: Vol 58: No 2                              B)Oregon Law Review Vol. 55

C) West Virginia Law Review Vol.79

Comments/ Notes Subsection 3

This trio of articles regarding the laws on prostitution was the basis of a report entitled “The Challenge of Crime in a Free Society- What to do About Prostitution.”  Very good for a foundation in why prostitution should not be against the law for consenting adults.


Freeing Jane: A Legal Argument for the Decriminalization of Prostitution

Benjamin David Novak

September 2010

National Lawyers Guild Review

Comments/ Notes Subsection 4

This article will be published in the September 2010 National Lawyers Guild Review. It considers policy arguments supporting the decriminalization of prostitution, including how (a) criminalization marginalizes prostitutes, (b) criminalization infringes autonomy, (c) enforcement is not cost effective, (d) enforcement techniques encourage abuse, and (e) decriminalization promotes the public health, safety, and welfare


Why it’s time to legalize prostitution

The Adam Smith Institute

June 3, 2010

The Christian Science Monitor


Bad laws are putting prostitutes’ lives in danger: It is impossible to stop sex being sold on the streets, so we must protect those who do it

Alan White

May 28, 2010

Times Online (UK)


Prostitution: Protecting sex workers


May 28, 2010

The Guardian (UK)


Justice study tracks rape, sexual abuse of juvenile inmates (which is why it is not a good idea to put prostitutes of any age behind bars... they get raped, usually by the guards)

Carrie Johnson

Jan. 8 2010

Washington Post


7 (women) arrested in prostitution bust: The men were not cited but were encouraged to “go home and not come back...”

Bee Staff reports

April 2, 2010

The Modesto Bee


Counterpoint: Sex Work Should Be Decriminalized

Lela Klein

April 24, 2008

Harvard Law


Few Johns turn violent: Study / Controversial research draws critism from some quarters

Andrea Woo

Jan 17, 2010

Vancouver Sun

Comments/ Notes

These articles reflect the arbitrary nature of law enforcement, the problems with criminalization which disallow sex workers from reporting violence against them and the actual violence against them from their clients. The Modesto Bee reported that the cops used the ‘possessing the intent to commit prostitution’ law to arrest 7 women, but allowed the clients to leave without being arrested or even cited... how does this protect women from exploitation?????


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