“Prostitutes Are Criminals, Not Victims”: The Paradox of “Prohibitionism,” Where the Sex Industry Thrives Despite Strict Crackdowns

In this series by Akira Ikoma, a sex industry journalist who has been examining how countries around the world regulate sex work, we have previously introduced the “Nordic Model,” the “Legalization Model,” and the “Decriminalization Model.” In Part 1 of this fourth and final installment, we will focus on the “Prohibitionist Model,” which is primarily adopted in Asia.

What Is the Prohibitionist Model?

The “prohibitionist model” completely criminalizes the sex trade and punishes those involved. Also known as the “punitive approach,” it prohibits selling or buying sex, as well as brokering, soliciting, and providing venues for such activities. The specific offenses and penalties vary by country and society.

The prohibitionist model is rooted in a moral and order-oriented perspective that views the buying and selling of sex itself as an “evil.” The argument is that “prostitution is a harmful act that violates public order and morals, and constitutes sexual depravity, so it must be eradicated.” In principle, those who sell sex (primarily women) are treated not as “victims” but as “perpetrators (criminals).” The aim is to eliminate various associated “evils” from society by criminalizing the act of prostitution.

This was the policy adopted by many countries until the mid-20th century, and there are still quite a few countries—such as China and the Philippines—that maintain this stance today. The United States (excluding Nevada, where brothels are legalized) is another prime example.

South Korea, which had long maintained a complete ban on the sex trade under the “Act on the Prevention of Immoral Acts” (enacted in 1961 and repealed in 2004), is one of the countries that adopted the prohibitionist model.

In 2004, the “Special Act on the Prevention of the Sex Trade” came into effect, significantly strengthening penalties for pimps.While the law fundamentally “punishes both the buyer and the seller,” it incorporates elements of the Nordic model, which decriminalizes women who sell sex, and includes a provision stating that “even women arrested for sex work will not be punished as offenders if they were ‘coerced.’”

There are also calls to “legalize it.”

However, in order for women to seek legal redress, they must prove that they are “victims of coercion.” It is extremely difficult to prove that sex work was forced upon them, and as a result, many women are being punished, or—even if they were coerced—are unable to come forward for fear of penalties.

The prejudice and resistance from some men—who claim that “women are engaging in prostitution voluntarily” or that “punishing only the male buyers constitutes reverse discrimination” —also appears to be one of the reasons why women are punished as well.

Although the sex trade has been illegal in South Korea for many years, the reality is that it exists everywhere. It is not uncommon for visits to sex establishments to be regarded as “business entertainment,” and there have even been reports of companies claiming expenses for prostitution as business expenses.Karaoke bars that dispatch young female companions are so popular that new locations continue to open even amid an economic downturn. The law has become a dead letter.

Although the government is working to crack down on the sex industry, many establishments continue to operate. The sheer scale of the sex industry is the reason behind the lack of effective enforcement. The police are understaffed, and with too many officers having ties to the sex industry, it seems they are unable to carry out large-scale raids.Furthermore, even factoring in the risk of arrest and penalties, the fact that it remains a “lucrative” business is said to be one reason the number of establishments isn’t decreasing. Some argue , “Prostitution is already deeply entrenched; rather than aiming to eradicate it by treating it as illegal, it would be better to legalize it in order to establish a safe working environment.”

Consequently, there are strong calls for the immediate repeal of the “Special Act on the Sale of Sex.” Demonstrations and rallies by women who sell sex have been held frequently since the law’s enactment, with participants repeatedly calling for “amendments to the Special Act on the Sale of Sex,” “opposition to the closure of sex establishments on the grounds that there is no support for women,” and “guarantees of the right to life.”

Furthermore, since the law’s enactment, the number of women traveling abroad—to countries such as Japan, the United States, China, and Australia—to engage in prostitution has reportedly increased. Their number is estimated to exceed 100,000, and arrests overseas are said to have doubled. Given this situation, there is ongoing debate over whether legal crackdowns are “effective in protecting a healthy sex industry.”

The Reality: “One of the World’s Leading Sex Tourism Destinations”

Although Thailand officially adopts a prohibitionist stance, in reality—much like South Korea—a massive sex industry has taken root. It is one of the world’s leading centers for sex tourism, with go-go bars and massage parlors proliferating in cities like Bangkok, Pattaya, and Phuket, attracting hordes of tourists from around the globe.

The sex industry is massive in economic scale and generates enormous revenue for the country. It also supports the underground economy and serves as a lifeline for women from a wide range of backgrounds, from college graduates to those from poor farming families.

In Thailand, the “Prostitution Prohibition Act” was enacted in 1960 and the “Prostitution Prevention and Prohibition Act” in 1996, making the sex industry illegal in principle.Operators of adult entertainment establishments argue that “these acts are the result of mutual consent between adult men and women and are not illegal,” while the police and local governments declare that “no illegal organized prostitution is taking place.”

In Thailand, a Buddhist nation, sex work is reviled as “impure and unchaste” and criticized as a “national disgrace.” Many citizens are growing increasingly indignant that the country has gained notoriety as “one of the world’s leading sex tourism destinations.”

On the other hand, some argue, “Even if prostitution is made illegal, the existence of the sex industry cannot be hidden,” and “Making it illegal deprives sex workers of basic labor rights and protections and increases health risks.”“If it is legally recognized, violence against sex workers will decrease, and their rights and welfare can be ensured.” As a result, calls for legalization or decriminalization have grown louder, and in recent years, a new bill to legalize prostitution has been under discussion.

However, concerns have been raised, such as : “If prostitution is legalized, well-established operators will have the resources to comply with legal regulations, but women working independently will not, leaving them without protection,” and “Decriminalization would allow unscrupulous operators who exploit women to go unchecked.”

Even today, the view that the sex industry should not be recognized remains deeply entrenched, and it is said that “regardless of which model is adopted, it will be difficult to improve the legal status of sex workers.”

The prohibitionist model can rapidly shrink the market by strictly cracking down on the buying and selling of sex, but it also has many problems. The greatest concern is the “disregard for the human rights of those selling sex.”Women who have suffered violence at the hands of sex trade operators or clients often hesitate to report it to the police for fear of punishment, making it impossible to rescue them. Striking a balance between punishment and the protection of human rights is difficult.

Furthermore, if police crackdowns and enforcement are too severe, an underground black market emerges that falls outside the reach of government oversight. Conversely, if enforcement is not thorough, the sex industry will expand to meet the demand for prostitution, which is effectively left unchecked.The examples of South Korea and Thailand cited earlier illustrate this point. Simply enacting laws that “prohibit the sex trade” is unlikely to resolve these various problems.

In [Part 2], we discuss regulations on the sex trade—such as Japan’s Anti-Prostitution Law, which takes an “abolitionist” stance—and the future direction of such regulations.

[Part 2] “Should Men Who Buy Sex Be Punished!?” The “Future” of the “Prostitution Prevention Act,” 70 Years After Its Enactment: The Missing Perspective

[References]

*The Black Hole of the Sex Trade* by Shinpak Ji-nyeong, Korokara, 2022

*Women’s Bodies and Human Rights* by Noriko Wakao, Gakuyo Shobo, 2005

*Sex Work Studies*, SWASH (eds.), Nihon Hyoronsha, 2018

*An Introduction to “Sexual Self-Determination”*, Shinji Miyadai, Yukiko Hayami, Naohide Yamamoto, Yoshiko Miya, Seiji Fujii, Hiroaki Hirano, Noriko Kanazumi, and Yuji Hirano; Kinokuniya Bookstore, 1998

In addition, I consulted numerous other books and online sources.