Crime and Punishment

I know I'll get in trouble for this but here goes.

Let's start by defining some of our terms.

Crime is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction.

Legally

A crime is a wrongdoing classified by the state as a felony or misdemeanor. A crime is an offence against a public law. This word, in its most general sense, includes all offences, but in its more limited sense is confined to felony.

Crimes are 'mala in se,' or bad in themselves, and these include all offences against the moral law; or they are 'mala prohibita,' bad because prohibited, as being against sound policy which, unless prohibited, would be innocent or indifferent.

There are significant differences between a misdemeanor and a felony offense. A felony is defined as a crime punishable by more than one year in prison or by death
Felonies are typically the most serious crimes in any system of criminal law. However, any crime that has a sentence of only a fine or confinement in the local jail does not necessarily qualify for a felony.

In comparison to felonies, misdemeanors are less-serious crimes. They are generally punishable by a fine or captivity in jail for less than one year. Often, misdemeanors are handled by special courts with abbreviated procedures.

Prostitution: The giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
Performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts: Sexual intercourse; sodomy, or; manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.
The common lewdness of a woman for gain.

Now lets look at some of our crimes. In the Penal code Cap. 63 Chapter 1
153: (1) Every male person who
(a)    knowingly lives wholly or in part on the earnings of prostitution; or
(b)   in any public place persistently solicits or importunes for immoral purposes,
is guilty of a misdemeanour; and in the case of a second or subsequent conviction under this section the court may, in addition to any term of imprisonment awarded, sentence the offender to corporal punishment.

154: Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of a felony.

Firstly, what is the crime here? Getting payed for sexual favours. And exactly why is it a crime? Notice also that while a male person who "knowingly lives wholly or in part on the earnings of prostitution" commits a misdemeanor, it is considered a felony for a female person who "knowingly lives wholly or in part on the earnings of prostitution". Case of double standards, or is it gender discrimination?

The crime is a person willingly offering sexual services to another willing person (who is not a spouse) for some gain (usually monetary). If we removed the word sexual this would define almost any service that is offered. In cases where gratification is given, for example, cleaning a house, massage, running errands, driving one around, giving somebody a bath, offering butler services, secretarial services or even ushering, a person offers services to another wiling person (who is not a spouse) for some gain (usually monetary). Why then is the former treated different from the latter?

The Sexual Offences Act 2006 states in the preamble "An Act of Parliament to make provision about sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes"

In the case of prostitution, willing that is, who is the person hurt? The client gets a service, the supplier gets due recompense and they both go away happy. The only entity that suffers here seems to be the government since it does not tax this illegal act that harms no one. And in this case the suffering is self inflicted.

Some objectors will point out that a number of these prostitutes are doing this job because of poverty, or lack of education, or even because they cannot get other jobs. However that argument is invalid because quite a lot of us are in other, legitimate, professions because of poverty, lack of education or simply because we cannot get other jobs. Any person claiming that all secretaries wanted to be secretaries, or that all drivers aspired to be drivers, all accountants wanted to be accountants, or even that all police-persons aspired to be so would be economical with the truth. Are we going to abandon these professions too just because a some people failed to have them as their dream careers? Why are we wasting security, legal and judicial resources prosecuting crimes that have no victim, or even a complainant that can justifiably say their rights, freedoms or property have been abrogated? Do we not have actual crimes to prosecute? Serious ones like serial murderers, grenade throwers and resource stealing MPs fail to be prosecuted because we have inadequate or indifferent resources and yet we regularly get sweeps in town to get rid of prostitutes while one street down some hapless Kenyan is getting "ngetaed" on the way home.