Prostitution

Statutes that criminalize prostitution use that word, of course, rather than sex work or sex worker, but do note that today many (but not all) advocates prefer the latter term. The materials below that consider decriminalization also address terminology.

But first we read the Wooten case. The case involves prostitution, of course, and therefore allows us to consider in detail how and why legislatures criminalize conduct by punishing the supposed victim of that conduct. Consider why prostitution is criminalized, why pimping is criminalized, and whether these are the best methods to address those harms.

For a long time and up to 20th century, prostitution was lawful, with some periods of criminalization. In many periods in history, local governments profited from the taxes or licenses from brothels. Some point to the temperance movement, or the prostestant revivalist movements, as a spur to criminalizing prostitution. 

We also read Wooten to practice our more advanced legal skills. It involves complex statutory interpretation as well as a close reading of precedent. In addition to the holding, please consider the public policy background to the court's holding. Why might a court in California particularly wish to limit the scope of the prostitution laws to avoid criminalizing other conduct important, at least then, to the California economy.