Consensual crime (also called victimless crime) refers to behaviors in which people engage voluntarily and willingly even though these behaviors violate the law. Illegal drug use, discussed in Chapter 7 "Alcohol and Other Drugs", is a major form of consensual crime; other forms include prostitution, gambling, and pornography. People who use illegal drugs, who hire themselves out as prostitutes or employ the services of a prostitute, who gamble illegally, and who use pornography are all doing so because they want to. These behaviors are not entirely victimless, as illegal drug users, for example, may harm themselves and others, and that is why the term consensual crime is often preferred over victimless crime. As just discussed, organized crime provides some of the illegal products and services that compose consensual crime, but these products and services certainly come from sources other than organized crime.
This issue aside, the existence of consensual crime raises two related questions that we first encountered in Chapter 7 "Alcohol and Other Drugs". First, to what degree should the government ban behaviors that people willingly commit and that generally do not have unwilling victims? Second, do government attempts to ban such behaviors do more good than harm or more harm than good? Chapter 7 "Alcohol and Other Drugs"’s discussion of these questions focused on illegal drugs, and in particular on the problems caused by laws against certain drugs, but similar problems arise from laws against other types of consensual crime. For example, laws against prostitution enable pimps to control prostitutes and help ensure the transmission of sexual diseases because condoms are not regularly used.
Critics of consensual crime laws say we are now in a new prohibition and that our laws against illegal drugs, prostitution, and certain forms of gambling are causing the same problems now that the ban on alcohol did during the 1920s and, more generally, cause more harm than good. Proponents of these laws respond that the laws are still necessary as an expression of society’s moral values and as a means, however imperfect, of reducing involvement in harmful behaviors.
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