Should Prostitution Be Legalised in Ghana?

OPINION AND ANALYSIS by Kobina Atta-Bainson

Prostitution has been described as the oldest profession known to man. For centuries, the practice was condemned in many societies. However, in modem times, the reaction to prostitution has been mixed. Many countries in the western world have legalised the practice, but in many developing countries, especially in Islamic states, the practice is illegal.

Those who support legalisation argue that making the profession illegal would drive it underground. Others argue that it is poor socio- economic environments which drive people into prostitution and that legalising it would provide the "victims" with the support which society has denied them. Yet, others have argued that legalising it is the realistic approach to preventing the spread of sexually-transmitted infections. The author would like to argue that prostitution is intrinsically traumatic and, therefore, should not be legalised.

Health effects:

Prostitution has health effects, not only on the prostitute and her client, but on other members of the community. According to a study in five countries, post-traumatic stress disorder is common among prostitutes. The term is used to describe emotional disorders after traumatic war experiences or other trauma that is outside normal experience such as rape, serious vehicle accidents, and earthquakes.

The symptoms may persist for many years and are often associated with psychiatric illness. Of 475 people interviewed in South Africa, Thailand, Turkey, the United States and Zambia, 67% of them had post- traumatic stress disorder. Further, 92% said they wanted to leave the profession.

The lead author in the study, Melissa Farley, a clinical and research psychologist at the Kaiser Foundation Research Institute in San Francisco commented that, "these findings lead me to conclude that prostitution is intrinsically traumatizing." If prostitution causes stresses similar to those suffered by rape and earthquake victims, then there is no justification to legalise it, because legalising the practice will not eliminate the emotional stress.

Prostitution promotes the spread of sexually-transmitted infections, including HIV/AIDS. Since the 1990s, there has been a growing epidemic of syphilis in countries of the former Soviet Union. Under communism, prostitution was illegal, but since the fall of communism, the trade has flourished.

Recently, the Russian health ministry reported a 15-fold increase in the incidence of syphilis in adults and a 20-fold increase in children. According to the report, one of the major reasons is the rapid growth of the sex industry following liberalisation of the profession after communism.

A study done in Ghana revealed that 70-80% of prostitutes in Accra were HIV positive. This means that if five men visit five randomly- selected prostitutes in Accra, there is a chance that four of them will be exposed to the infection, unless they use protection.

In a similar survey, it was discovered that some prostitutes would not use a condom if the client is prepared to pay a higher fee. The infected men transmit the infection to their spouses. Which of these should be protected by law? The one transmitting the infection to members of the community or the victims? In essence, legalising the profession blames the victim, but protects the aggressor.

Constitution:

Article 26 (2) of the 1992 Constitution states: "All customary practices which dehumanise or are injurious to the physical and mental well being of a person are prohibited." Even though the Constitution refers to customary practices, the intent and spirit of this provision is that no human being should be exposed to anything which will cause him/her physical or mental harm. Since prostitution causes mental and physical harm to the practitioners, it should be made illegal.

Further, Article 41 states : "The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of each citizen-" (Section d) "to respect the rights, freedoms and legitimate interests of others and generally to refrain from doing acts detrimental to the welfare of other persons." It can be argued that the actions of clients of prostitutes are detrimental and, therefore, should not be sanctioned by law.

Enforcement:

Legalising the profession would require that prostitutes undergo periodic medical examination by a doctor, use condoms with all clients and even, pay taxes. However, making a legislation without adequate enforcement would not achieve the expected result. Legalisation of prostitution has to go with enforcement. But, do we currently have the machinery to ensure that prostitutes go through periodic examination, and use condoms on all their clients?

Interestingly, some argue that the absence of enforcement is the very reason why the practice should be legalised. Do we legalise armed robbery just because we cannot enforce the laws on armed robbery? Experience in Ghana has shown that problems do not simply get solved by legislation. The legalisation of abortion has not reduced harmful abortion practices.

Lessons from other countries:

Prostitution has been legalised in Sweden, but recently, there has been a concern about the increase in the practice. With a population of 8.6 million, the population of prostitutes is 2,500 and, one in ten men, visits a prostitute. To address the problem, a commission was recently set up by the Swedish health and social affairs ministries to make recommendations on the best ways of responding to the problem.

The commission has proposed that prostitution should be made a criminal offence with penalties of between six months and four years for either working as a prostitute or buying the services of one.

Tourism:

People go on tour for a variety of reasons, including learning about other cultures, seeing exciting places, and purchasing exotic goods. But, others go on tour for reasons other than these. Going on tour for sex has become popular for some tourists and, indeed, is now a multi million industry.

A few months ago, one of the newspapers reported that a tourist visited Tamale and had sex with eleven women within a week! He left a note that he was HIV positive. Nothing has been heard of him since.

In some countries in Asia, East Africa and the Caribbean sex tourism has led to a boom in prostitution which in turn has fuelled the HIV/AIDS epidemic. As Ghana attracts more tourists, there is a danger that prostitution will increase if it is legalised.

Morality:

Morality is a set of social values and norms which guide the conduct of people in society. Moral codes define what is right or acceptable and what is wrong or unacceptable. The objective of moral codes is to promote the welfare of the individual and the survival of the society. Every society has its moral codes, though there are some codes which are common to many societies. But each society has to define what is wrong and what is right.

For Ghana, the moral questions we have to ask ourselves include: Is it morally right for the state to sanction a practice, which essentially exploits the bodies of women? Is it morally right for the state to finance its budget with taxes derived out of harm caused to others?

Public sensibility:

The other day, I was watching GTV with my little girl when an advert on the Elsa Klench programme was shown. The advert showed a model walking on the catwalk. She was wearing a dress, through which one could see her bare breasts. I heard my little girl of four exclaim as she covered her mouth in amazement" Daddy, look! Look at that woman walking with her breasts exposed". This shows that, even at that tender age, children have sensibilities.

The problem with legalising prostitution is that it goes with all its baggage. In countries where prostitution has been legalised, promotion of pornography is rife, sensitive parts of the body may be advertised in public places with wild abandon, the sexual act may be vividly displayed in films, and telephone booths are often inundated with chatlines.

If you ever visited Hong Kong before its unification with China, you would have noticed the glaring display of pictures of women's backside on big nightclubs at night. Should the sensibility of the majority of people in this country be insulted, just to satisfy the appetites of people in the sex trade? What effects will they have on our children?

Conclusion:

There are several reasons why people go into prostitution. Some are economic, social, or personal. Prostitution has effects not only on the parties in the contract, but on the larger society. The key to addressing the problem of prostitution is to identify the underlying causes and institute social action to prevent people from going into it. As experiences in other countries have shown, legalising the practice does not eliminate the traumatic stresses which affect prostitutes, neither does it address the underlying causes which drive people into it in the first place.