The following article was in part inspired from and includes major excerpts from "Escort Services - Legal Issues" by Marc Perkel

The excellent full article is at http://sex.perkel.com/escort/legal.htm, which I have tried to condense and add my own comments as I've tried to clearly indicate.

This article is being shared with full credit, under the Fair Use provision of US Copyright laws for educational purposes with no financial gain.

Sexwork should be a human right

Just like the rights to choose food to eat, drink to drink to have freedom of choice in selecting one's occupation, Sexwork with consenting adults as their choice is just as much a human right as any other.

Sexual desire is natural and won't go away just because we don't have a real relationship. Depriving the body of sexual release is unhealthy and can result in prostate blockage as well as emotional frustration, which often if not satisfied, will result in non-consenting interactions or sexual harassment.

In addition to pure physical release, many of us need to bond with other humans we are attracted to emotionally as well as physically even if it is short-term. Almost like we bond for the moment with a great dinner, but the human interaction is a deeper emotional natural need.

As an instinct, sexually activity and physical human contact with another, is necessary for psychological well being as well as physical. For most sensual/sexual contact is required to create a sense of personal well being.

It is well known and established that humans who engage in sexual activity with others are generally happier and more productive than those who don't are. So even if the sexual activity of the person doesn't lead to reproduction, it is still necessary to satisfy the human instinct.

When natural sexual needs are not fulfilled by surrogate type relationships individuals are driven by instinct and human nature to find whatever human contact they can. This often results in violence, stalking, rape, or a lot of unsocial behavior. It becomes an issue similar to a starving man stealing a loaf of bread. If we feed the hungry, we eliminate hunger related crimes. Escort surrogate type relationships fulfill needs that prevent or reduce criminal activity resulting from needs not being met.

Fundamental Rights in The U.S. (from Marc Perkel's article)

In ancient times people had no fundamental rights. A person's rights were defined by their personal ability to survive. Kings would slaughter whomever they wished and justice was not a factor.

200 years ago America formed a new form of government that was a government of the people for the purpose of serving rather than ruling the citizens. We created a constitution that outlined a concept referred to as the fundamental rights of the individual to pursue life liberty and happiness. We aspire to be a free society that allows a person to choose his own destiny and make his own choices free of government intrusion. Government was to stay out of a person's private life unless the rights of one person intruded on the rights of others or the common good of the public. What this means is that the State was to mind its own business unless there was a damn good reason to interfere.

Some examples of fundamental rights include the freedom to speak your mind without the State interfering with the free flow of ideas. We have the right to freedom of religion so that everyone can worship God, or not worship God, as he sees fit. Freedom of religion is the freedom to believe what you want and to not have the State impose religious beliefs on its citizens. Even if a majority of the citizens have a particular religious commonality, such as believing in Christ, they don't have the right to make a Buddhist share that belief and more that a Buddhist has the right to force Christians to believe in reincarnation.

We have the right to liberty and to privacy and to be human beings and to express our human nature. We have the right to get married, have sex, and to reproduce. Generally, any human activity that is our human nature is, or at least should be recognized by the State as a fundamental human right.

Sexual behavior is in our nature and is an integral part of being human beings. Thus any laws that restrict sexual behavior must be construed narrowly so as not to violate our fundamental rights to be human beings. There are legitimate reasons, for example, for the State to prohibit sexual activity with children. This is because the sexual activity of one person acts to the detriment of another person, a child, who is not capable of understanding for the purpose of consenting to sexual activity. The minor child is also not capable in many cases of refusing the sexual advances of the adult and it is necessary for the State to step in and say No in behalf of the child. But beyond protecting children from sexual activity and protecting people against non-consensual sex, and public health issues, the State is required by the Constitution to not interfere with the individuals' personal sexual behavior.

This article is being shared with full credit under the Fair Use provision of US Copyright laws for educational purposes with no financial gain.

Back to the Sexwork Main Menu