Prostitution, disability and prohibition

Abstract

Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception.

Paying for sex—only for people with disabilities?

“…However, he argues that these factors cannot account for all of the harms. To support this view, Thomsen cites a study by Ine Vanwesenbeeck3 which shows (in Thomsen's words) that “roughly half—but no more than half—[of] the variance in [certain negative outcomes] experienced by indoor prostitutes in the Netherlands was explained by external factors including stigma, lack of control and poor working conditions” (p. 453)1.…”

“…Accordingly, Thomsen may be mistaken when he writes that a central reason to permit prostitution is the benefit it could provide to (disabled) clients (p. 456)1. It may actually be the benefit to prostitutes.…”

“…Taking these and other factors into consideration, even Thomsen admits that: “the case for prohibition is murkier and weaker than its proponents sometimes suggest” (p. 455)1. This may seem at first a surprising concession.…”

“…Two observations lay the groundwork for Thomsen's position:

(1) Many or most persons have a sexuality that generates strong needs for sexual relations, and

(2) Some disabled persons are partially or entirely incapable of satisfying this need except through the purchase of sexual services from a prostitute. (p. 455)1.

…”

“…In “Prostitution, Disability and Prohibition”,1 Frej Klem Thomsen argues that there is a reasonable case to be made that paying for sexual services should be prohibited. However, he also suggests that people with disabilities should be granted a legal exception.…”