Regularizing prostitution resembles a Catch-22 situation since adverse consequences would result with or without regularization.
Regularization can be outright where prostitution becomes an accepted form of employment, subject to tax and social security, or decriminalizing loitering and soliciting and instead, offering and enhancing social services, according to lawyer Ramon Bonett Sladden.
Dr Bonett Sladden said that sex work would imply that prostitution be considered a trade. "Prostitutes seem to be unfortunate people forced into prostitution through social and familial problems," he said. In fact, medical doctor Anna Maria Vella met many women who ended up in prostitution because of such problems.
"When it comes to drug addiction, women are more prone to end up as prostitutes, whereas men are likely to traffic drugs or steal," Dr Vella said. A study she was part of some 15 years ago indicated that neither prostitution nor drug addiction were the main cause of prostitution.
"Sexual abuse and mental health problems took precedence, resulting in 95% of women likely to end up as prostitutes and family history played a vital role. The focus should be on women because men, trans and homosexuals have different histories and reasons for ending up in the streets," said Dr Vella.
Dr Vella said that prostitution is not a choice but a form of coercion and if these individuals could choose, they would not opt for this lifestyle. She observed how once you give these women their dignity back they would want to get out. "Many women easily admit to drug addiction but admitting to prostitution is a big issue," and their pimps become their nightmare, she said.
Problems could arise where a prostitute refuses a client, Dr Bonett Sladden said. Distinguishing between situations where there is consent and where there is none becomes extremely difficult.
Dr Vella and Dr Bonett Sladden are against prostitution being defined as "sex work". This term is used merely to promote prostitution and indirectly glorify men's sexual gratification, allowing them to abuse more women. Countries that consider prostitution a job, face rising demand and more women and children are trafficked, Dr Vella said. In fact, in 2000 the Netherlands legalised prostitution with its famous Red District in Amsterdam where women are displayed in window brothels to sell sex. It is now facing increased illegal and unlicensed sex trade and an increase in trafficked women.
"The substance of a contract of work where prostitution is the job is an inherently immoral contract and, therefore, completely unenforceable," Dr Bonett Sladden opined. In fact, this has traditionally been the position taken by the Courts of Malta.
If politicians are able to sell regularization as something "good" for the people, the chances are that the people would think that prostitution is good, Dr Vella said. Dar Hosea stood up against this because no one would wish their child to opt for prostitution. So why should it be "good" for the country? Dar Hosea helps women from returning to prostitution once they do the time. Government recently signed a contract with Dar Hosea to launch an exit programme for these women.
With outright legislation children would come to believe that it is a profession like any other and children of prostitutes would be faced with the bare fact that "sex is nothing more than the object of a commercial transaction. Increased openness to prostitution will bring about pressure to legalise abortion" because contraceptives are not infallible. Prostitutes may feel pressured to opt for abortion instead of quitting prostitution, Dr Bonett Sladden opined.
During Dr Vella's supervision of a master thesis it was revealed that grown-ups who recall their mother as a prostitute were greatly affected by this situation. Children of prostitutes "may end up being very angry at their parents, at the opposite sex and anything that is sexual". Often, children are taken away from these women, so "pregnancy turns out to be another nail in their cross", she said.
"Sexually transmitted diseases could drop once there is open communication between prostitutes and healthcare professionals" where prostitutes are regularly tested and treated for STDs, a medical doctor, who preferred to remain anonymous, said.
This should be considered together with making the use of barrier contraception mandatory for prostitutes. Dr Vella countered, however, that regularization would push up health problems because the demand would rise. "You have to start screening men before going to a prostitute," Dr Vella said.