Overview
Over the years, it can be argued that crime has evolved in diverse ways more so due to economic and societal changes. However, there are specific forms of crime that appear to remain more or less the same and only evolving in the manner in which they can be accessed and committed. One such crime that is often considered to be the “coldest profession” is prostitution. The latter is described as the solicitation of sex or sexual related services for the exchange of money and or other benefits. Prostitution is considered to be old because it has been practiced since time immemorial even though it is illegal in almost every country in the world.
Women and Prostitution
When we think about prostitution, we often associate it with women because it is them who are likely to engage in the crime as offender though there is a very small percentage of a male offender. In the United States, prostitution is illegal in all States apart from Nevada where it is legal in only 10 counties where licensed brothels offer related services (ProCon.org, 2018). Still, offering prostitution services outside of these brothels is considered illegal thus punishable by law. Prostitution is a crime based on both Federal and State laws that govern against the act. These laws were most likely established and enacted as a means of protecting human morality and ethics. The punishment for offenders is usually jail time but there are countries where it can lead to a death penalty.
Overlap between Offending and Victimization
In as much as women get involved in prostitution as offenders, there is also the high possibility of them becoming victims because of the crime. Several studies have shown an overlap between offending and victimization as far as prostitution is concerned thus a need to establish how women ought to be protected more rather than viewed as criminals due to prostitution. This paper will provide information in reference to women engaging in prostitution before discussing how the two, offending and victimization can easily overlap.
International and Local Crime
Prostitution is a crime that is practice in every part of the world thus making it both an international and local crime. Women who choose to commit this crime either do it willingly or forcibly. It is the circumstances relating to a woman’s life that is likely to push them into the crime and as Finn, Muftic & Marsh (2014) explains, it is a crime that nobody wishes to get involved in only that it can be a quick way to secure money. Statistics show that women offending this crime either come from a poor background, have mental issues or are victims of sexual abuse at some point in their lives Jaishankar & Ronel (2013). These are the kind of women who engage in prostitution somehow out of their own decision while there are those who are trafficked into prostitution by people who take advantage of their vulnerability.
Victimization and Offending Overlap
Given the above explanation as to how women offend the crime of prostitution, their victimization occurs either through experience or how the society views them. Matthews (2014) explains that prostitutes are the most victimized criminals given how vulnerable their crime makes them. There is always the high possibility of prostitutes being sexually abused while they are offending the crime of prostitution. Just like any other crime, prostitution has its dangers given the situation most women have found themselves in. Matthews (2014) explains that a good percentage of prostitutes have been raped and sexually assaulted by people who sort their services. In addition to this, they can become victims of violence from people who take it upon themselves to get rid of prostitutes as they consider them ungodly based on religious understanding.
Human Trafficking and Prostitution
In addition to the above, victimization and offending overlap in prostitution through human trafficking; this in itself is also a crime. Thousands of women are illegally moved from their homes and countries with the aim of forcing them into prostitution. As such, there are women and girls who prostitute not because it was their choice but it was made for them. Matthews (2014) explains that young girl from poor backgrounds are an easy target as they are lured into thinking there is a lucrative opportunity for them and before they know it, they become prisoners to prostitution and their pimps. Therefore, victimization and offending of prostitution are connected given the fact that there are crime cartels that traffick women and girls to push them into prostitution with the aim of enriching themselves.
Societal Views and Victim-Offenders
Offenders of prostitution also become victims based on societal views. According to the society we all live in, sexual acts ought to be undertaken by adults who are in a relationship, most likely married and therefore have the understanding of what is morally expected on them. However, prostitution takes away from the traditional understanding of sexual roles thus a deviance by the women who offend the crime (Finn, Muftic & Marsh, 2014). Given this understanding, it is easier to see how prostitutes become victims of social abuse and how they are considered as ‘dirty’ people.
The Impact on Future and Society's Perception
The manner in which the society positions prostitutes can have an impact on their future especially in regards to work. Jaishankar & Ronel (2013) explains that it can be quite difficult for someone who has a criminal record to find work because they are easily judged by their past. Therefore, there is the possibility that in as much as there are women who choose to get out of prostitution can easily relapse because it becomes difficult for them to find legit work. Thus they are forced back into prostitution as they are morally victimized by society.
A Balanced Approach in Criminal Justice
Based on the above, the criminal justice ought to have a different approach in the manner in which they respond to women who are victims but offenders as well. There is always room for softer punishment that does not make them feel more victimized as this is likely to worsen the situation. Better yet, the criminal justice department ought to be in a position to offer protection to offending victims as they to have a right to justice before they are charged for their crime. The department has to find a balance when it comes to their response strategies such that they have a holistic approach that looks into both victimization and offending in prostitution.
Conclusion
In conclusion, it is clear to see how easy it can be for an offending prostitute to become the victim of their situation. As such the overlapping is relatively unavoidable given the moral nature of the crime. This is to mean that even though offending women and girls may not experience any form of victimization based on their experiences, there is always the considerations of the society that heavily judges everyone on their moral behaviors and choices. Therefore, offenders of prostitution do turn out to be victims of the same crime thus the need for the criminal justice to develop means to address both ends and not only one.
References
Finn, M., Muftic, L. & Marsh. E (2014). “Exploring the Overlap between Victimization and Offending among Women in Sex Work.” Victims & Offenders 10(1): 74-94. Retrieved from https://www.researchgate.net/publication/276234308_Exploring_the_Overlap_between_Victimization_and_Offending_among_Women_in_Sex_Work
Jaishankar, K. & Ronel, N. (2013). Global Criminology: Crime and Victimization in a Globalized Era. Florida: CRC Press
Matthews, R. (2014). “Prostitution and Victimization: A realistic analysis.” International Review of Victimology 21(1): 85-100. http://dx.doi.org/10.1177/0269758014547994
ProCon.org (2018). Federal and State Prostitution laws and Related Punishments. Retrieved from https://prostitution.procon.org/view.resource.php?resourceID=000119
