Gender and Sexuality Issue

Introduction

Majority of us think a customer pays prostitute for offering sexual services is prostitution where as in pornography a customer pays any actor for providing sexual services to any other actor. In short words, prostitution involves mutual sex trading for money while in pornography customer of an adult-movie pays the money for watching other actors having sex with one another, although not at all receiving back any sexual favours for him. Prostitutes are getting paid for providing sexual activities. According to the role of the performers they may participate in sexual activities, but they are following the script. This is not counted in sexual activities that are for hiring. Under the protection of the 1st Amendment, sexual activities for the production of any film or photo are an old expression. The reason why we do not call adult-film performers as prostitutes and why performers performing in erotica are considered as legal is explained in People v. Free man, 46 Cal. 3d 419 (1988), seminal adult entertainment case.

Discussion

Why prostitution is illegal and pornography is legal?

But actually why should be the difference between actually having a sex and pretending of having it, makes any difference from a lawful perspective? The act of sex is a legal event. If it is without the permission then it is called as rape. If this occurs between any married individual and third party, it is termed as adultery. If sex takes place and as a result a baby is born then it is the legal responsibility of a man for taking care of the child until and unless he reaches the age of eighteen. And if someone does this for money then this is prostitution. Well for first reason prostitution can lead to increase in STDs (sexually transmitted diseases) however pornography cannot. But pornography can lead to desire of having sex that can in turn lead to increase in prostitution.

Pretending of having a sex, either in private or in front of a camera generates none of the above outcomes, and it is therefore termed as acting. It is in fact sure that on existing precedents, United States Supreme Court holds a variety of the actors of pornography are involved in First Amendment protected action as long as indecency has not occurred. Strange as it may appear, what occurs at last to make all the differences is the way of satisfaction for the one who pays but not seeks money himself?

The viewers of the adult-film demand the pornography and the most fascinating thing for them is the enjoyment of watching such movie rather than doing it by their selves. This enjoyment of an adult-film is 'speech' instead of action.

The viewer does believe that real sex has occurred in creating such pornographic movie. For instance, the whole movie was created with realistic graphics from the computer, but viewer beliefs what he saw was the truth, then he would thoroughly enjoy the film. Because the consequences of the pornography takes place by means of mediation ...