Jul 18, 2023·edited Jul 18, 2023Liked by Jay Burkett
I will note under a traditional common law view of criminality(like you still have to a large degree in places like England and Australia) prostitution is NOT illegal and never has been. Things associated with prostitution like public soliciting, brothel keeping/bawdy houses(having more than two prostitutes at a single establishment) and vagrancy are illegal under a traditionalist common law view of prostitution but not the act itself. Criminalization of prostitution in the US comes from a moralistic early 20th century rejection of English judge made common law principles in favor of what American moralists saw as more democratic statute law morality(Common law for example says little about alcohol consumption or drug taking either).
In England the closest catch all law to banning prostitution historically has been the living on the avails offense however, in practice given the arcane and ancient language of the statute in effect advertising platforms and escort "agencies" have long been effectively legal in the UK(Is an "agent" living on the avails of prostitution? Who knows?). In Australia most state governments(which have even more extensive powers over criminal law than US states) largely repealed all prostitution related statutes in the late 1980s and early 90s.
**The treatment of gambling is another not well known in America aspect of traditional English common criminal law. Most Americans I used to always assume must be shocked to find out how many upscale but discreet "escort" agencies and casinos operate out of the high income London neighborhoods of Mayfair and Kensington as I was when I first visited London.
I will note under a traditional common law view of criminality(like you still have to a large degree in places like England and Australia) prostitution is NOT illegal and never has been. Things associated with prostitution like public soliciting, brothel keeping/bawdy houses(having more than two prostitutes at a single establishment) and vagrancy are illegal under a traditionalist common law view of prostitution but not the act itself. Criminalization of prostitution in the US comes from a moralistic early 20th century rejection of English judge made common law principles in favor of what American moralists saw as more democratic statute law morality(Common law for example says little about alcohol consumption or drug taking either).
In England the closest catch all law to banning prostitution historically has been the living on the avails offense however, in practice given the arcane and ancient language of the statute in effect advertising platforms and escort "agencies" have long been effectively legal in the UK(Is an "agent" living on the avails of prostitution? Who knows?). In Australia most state governments(which have even more extensive powers over criminal law than US states) largely repealed all prostitution related statutes in the late 1980s and early 90s.
**The treatment of gambling is another not well known in America aspect of traditional English common criminal law. Most Americans I used to always assume must be shocked to find out how many upscale but discreet "escort" agencies and casinos operate out of the high income London neighborhoods of Mayfair and Kensington as I was when I first visited London.