Cart is empty My Perspective on the Jed York Arrest
I know this will probably be an unpopular opinion for some, but the arrest of 49ers owner Jed York for allegedly soliciting prostitution raises a larger question for me: Why are we still criminalizing consensual sexual activity between adults?
I’ve traveled extensively around the world, and one thing travel teaches you is that American social norms are not universal truths. Various countries have legalized or decriminalized some forms of sex work and chosen to regulate it rather than pretend it can somehow be eliminated.
The irony is that I’m sitting here in Thailand reading this story, in a country where the legal situation surrounding prostitution is complicated and it remains technically illegal in many circumstances, yet the sex industry is plainly visible. That illustrates the larger point: prohibition does not necessarily eliminate demand.
Sexual intimacy is a fundamental part of human behavior, and prostitution has existed across civilizations for thousands of years. We can dislike it, morally object to it, or choose never to participate in it. But none of those positions answers the public-policy question of whether consenting adults should be arrested for it.
My concern is exploitation, trafficking, coercion, minors, and abuse. Those are serious matters and should be prosecuted aggressively. But there is an enormous moral and legal distinction between two consenting adults and someone being exploited or abused.
And this is where I find some of the moral outrage hypocritical. Some people are remarkably quick to reach for the Bible and publicly condemn the private sexual behavior of other adults, while institutions and communities have, at times, failed miserably to confront the sexual abuse of children. If we are going to invoke morality, our priorities should at least be consistent.
Being a billionaire should not put Jed York above the law. If he violated the law, he should face the same legal process as anyone else. But we are also allowed to question whether the law itself makes sense.
Laws should evolve as societies evolve. Instead of spending resources policing consensual adult behavior, perhaps the more rational approach is regulation focused on safety, health, consent, trafficking prevention, and protecting vulnerable people.
You don’t have to approve of someone’s private choices to believe that not every moral disagreement belongs in the criminal code.
Sometimes the more mature society is not the one that condemns the loudest—it’s the one capable of distinguishing between personal morality, actual harm, and legitimate public policy.