The Cost of Consent: A Philadelphia Case Study on Prostitution Regulation Restricted; Files Only

Abstract

Consent is often the defining factor in determining if a sexual act is legally a crime. Core aspects of consent include desire and revocability. These necessities are incompatible with the selling of sex, otherwise known as prostitution or the commercial sex trade. In exploring the environment prostitution exists within, I place the commercial sex trade at the intersection of societal moral panics on sexuality (‘sex panic’) and the legal field (the ‘juridical field’) to establish the multitude of systemic factors at play within discourse and policy. I then pair this foundational understanding with a historical and present case study of Philadelphia, placing nineteenth century Philadelphia as the start of American prostitution policing. The case of Philadelphia shows how our approach to prostitution regulation, both historically and currently, is narrowly supply-centered, enforced by a punitive focus on women, a disregard of the male demand for paid sex, and an ignorance of the violence within prostitution itself. These unjust methods of regulating and policing the commercial sex market all support the illegitimate conclusion necessary for the trade to exist: that sexual access to another human being – that consent – is a commodity.

Table of Contents

Table of Contents

Chapter One: Introduction Pg. 1

Chapter Two: Defining the Language & Location of Prostitution Pg. 13

Chapter Three: Victorian Prostitution Regulation Pg. 32

Chapter Four: Policing Prostitution Today Pg. 53

Chapter Five: Conclusion Pg. 75

Notes: Pg. 78

References: Pg. 82

About this Honors Thesis

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School	Emory College
Department	American Studies
Degree	B.A.
Submission	Honors Thesis
Language	English
Research Field	Sociology, Criminology and Penology Law Women's Studies
Keyword	prostitution consent punishment
Committee Chair / Thesis Advisor	Kim Loudermilk, Emory University
Committee Members	Michael Peletz, Emory University Mark Risjord, Emory University

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