The regulation of prostitution : a comparative study

Abstract

Although, today the practice of prostitution is on the decline due to sexual promiscuity taking place in free relationships, it is necessary that the law should be amended to provide for social changes. In fact recent amendments in Maltese legislation show the importance of regulating on this issue. Although prostitution in itself is not an offence the legislator is in duty bound to safeguard the honour of families and public morals from any indecent behaviour or any nuisance caused by prostitutes plying their trade. This thesis contains detailed historical references to prostitution in the Maltese Islands over the ages. The Codice Vilhena and the Codice Rohan are landmark codes which also provided against prostitution. I have examined the three systems adopted to regulate prostitution and I have finally concluded that the system of abolition or rather the system of toleration is the most effective to control the practice of prostitution. However none of the systems discussed is completely successful in eradicating prostitution. I have also analised regulation of prostitution in England. Certain provisions are so similar to the Maltese provisions under the White Slave Traffic (Suppression) Ordinance whilst other provisions such as that providing for the offence of 'kerb crawling' are not found in our law. Secondly reference to Italian law has shown that it is in dire need of reform where it concerns the regulation of prostitution. The provisions in the Legge Merlin of 1958 are condensed in one provision providing the same punishment to different offences asking for a different degree of punishment. In fact an analysis of the law in force before the 1958 amendment shows that such provisions were more effective in regulating offences related to prostitution. Thirdly I have analised the elements of the provisions under the Maltese Criminal Code and subsequently the provisions of the White Slave Traffic (Suppression) Ordinance. Reference to Maltese Case Law has been made to show the interpretation given to the relative provisions by our Courts. Although prostitution in the Maltese Islands is today satisfactorily regulated and controlled, one can conclude that it is impossible to completely eradicate or suppress it. A final analysis was devoted to the possibility of introducing a provision to provide for the offence of the spreading of disease. Although the spreading of venereal diseases has been associated with prostitutes it can be asserted that today the spreading of such diseases is to be attributed to the sexual permissiveness in private relationships.