aseelt said:
So I replied to the posting on dating a porn star, and sent the link to my wife. She brought up an interesting point.
Prostitution is illegal in most of the United States, yet pornography is (as far as she and I know) legal. Porn stars basically get paid for having sex with other porn stars.
My wife quite correctly stated: you could be a prostitute, but rather than charge for a sexual service, you would charge for a sex tape of the performed act (yes I realise sex on tape is a fantasy for men and women)
Do you think this point has merit?
Not really.
It's been many years since I was in school, but the bottom line is this. All pornography is illegal in the US. Labeling sexual material "porn" is a slang term which has nothing to do with the legal definition. To be declared Pornographic someone has to find something offensive and in addition it has to be determined to be without any redeeming merits (including artistic).
Your "porn stars" on paper are not producing "porn" they are acting in "Art Films", sex and nudity being able to be defined as part of an artistic process. This is why many adult movies include some kind of plot (possibly revolving around sex) since it means that if declared porn the movie producers could then turn around and fight it based on those elements (at least in theory). The nature of the US system though is one where you can't ban things like recording sexual acts, so each work needs to be reviewed individually. This means that the "adult entertainment industry" survives through proliferation as much as anything else. Basically even if one movie gets banned, hundreds of others get made and distributed, and there is no way anyone could go after them all. It can get complicated.
My instructor was the former head of the Connecticut State Police while I was in college. He went down the process as it was in Connecticut a couple of times, and talked about how he was involved a few times in reviewing such films. I'm not sure if it varies state to state or what, nor about how things might have changed since the area has been a constant battleground. Still from what I learned in another article here with some guy getting nailed for having imported adult comics with underage looking protaganists, it seemed like he lost the case due to mostly falling prey to intimidation and defending himself the wrong way under the circumstances (ie with a Jury as opposed to a Judge, when dealing with a case probably relying on a technical defense).
When it comes to prostitution the situation is a bit more complicated than many people seem to think. A lot of it comes down to NIMBY sentiment (Not In My Back Yard). Basically nobody wants streetwalkers and whores doing their thing in their neighborhood. What's more it's very much an issue when everyone knows what some of these people do for a living and go wandering around the same areas frequented by their johns and the like.
It goes beyond things like healthcare and violence as well, because simply put with legalized prostitution you suddenly have to have the police doing the job of pimps for all intents and purposes. A fight over payment and services? Well your boys in blue and judges now need to sort that mess out. A paticular pain in the butt because hte nature of the business means it could very well be simply one person's word against another's. Then of course with such services publically availible you have to worry about the temptation it presents for married people, or people simply vulnerable to scandal. All comments about morality aside your going to have a lot more interpersonal problems, divorces, fights, scandals, drama, and violence not directly linked to the business of prostitution itself
but linked.
In the US this is specifically problematic because of the way our legal system works as well. Among other things every space in jail we save by legalizing prostitution, we fill up with a crime related to legal prostitution.
Right now we have come up with a pretty good compromise in the US in setting up a national "Red Light District" in Nevada to cater to the rest of the country, with laws specifically geared towards dealing with these problems there. We pretty much get most of the benefits for those willing to go there, while preventing the negative aspects from leaking out to everywhere else. Opinions vary, but in my case I feel it's a good middle ground compromise to simply banning "vice" or permitted it everywhere.
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When it comes to Canada (and other nations) with legalized prostitution, one has to consider that even the most free of these nations do not have the same level of freedoms and protections as the USA which makes things somewhat easier.
To use Canada as an example, I've been privy to a lot of comparison between the two systems. While hardly an expert, a number of points have been made about things like Canadian "blank warrents" which allow cops to suspend civil liberties pretty much any time they want providing they get results and similar things. Simply put the rules of evidence, guidelines for search and seizure, and other things are a heck of a lot looser. Canada being more concerned in many cases about results rather than how they are achieved. If things like the blank warrents (allowing a cop to issue his own warrent) have changed it was after my time studying this kind of stuff.
It's also noteworthy that the US's system which FUNCTIONS on a principle of "innocent until proven guilty beyond a reasonable doubt" in criminal matters is very unusual. It gives criminals a lot more rights. and ties the hands of the goverment a lot more, than most other nations including very free ones that are similar to the US. Some other nations use the same terminology but in practice typically operate more on a system relying on a "preponderance of evidence" (which is a lower standard in the US used for civil matters). That is to say that if it's very likely someone is guilty in other nations like Canada he will be convited. In the US simply being very likely is not enough.
The basic point is that what would be relatively simple matters for the system in other nations to handle, are a lot less so in the US. Sorting out an issue between a hooker and john could turn into a major production if criminal charges like theft, or refusal to pay for services came up. This also means that we in turn have to pay for all of this in our legal system, and deal with all the chaos, and bad blood. I mean if a local teacher gets into it with a local cathouse, that's something people in the local area are going to be exposed to and have to deal with, like it or not. Here this could go on for months or years, in Canada they could probably get it done a lot quicker and more decisively.
Of course, if this sounds like an endorsement of Canada's legal system it really isn't. Truthfully I like to invoke Canada and Britan as examples of more strict systems that manage to function without turning into a police state, when suggesting in certain places that we here in the US tighten things up (when this rarely occurs). However overall, I think those systems are a lot more likely to throw innocent people in jail. The basic attitude in the US being that we'd rather let a guilty person go free, than see an innocent punished. In Canada and the UK they tend to be content with simply making sure they get it right the majority of the time.