Sex Panics and The Regulation of Prostitution in Late Capitalism: The Origins of Nevada's HIV Policies for Prostitutes.

Panics, sexual, moral, and medical, have played a large role in justifying sexual regulation as it plays itself out in prostitution policy. The regulation of prostitution since the turn of the century has enforced traditional gendered, heterosexual norms. However, significant shifts in the sexual terrain have occurred in late capitalism, including an opening of women's sexuality, increasing acceptance of homosexuality, and a widespread commodification of sexuality that has put significant cracks in the marital heterosexual orthodoxy. While it seems policy responses to late 20th century panics, such as the AIDS epidemic, have overall reinforced conservative traditions, there are instances where policy does not reinforce traditional sexual values. It is worth examining these cases for evidence on how the regulation of sexuality, and hence the sexual landscape, may shift. Nevada was the first state to enact strict laws promising mandatory 2-10 years in jail for practicing as an HIV positive prostitute. Yet at the same time, Nevada stood alone nationwide in mandating HIV testing and condom use for prostitutes working in legal brothels. This paper examines Nevada's response to the AIDS panic by exploring the policy making process creating HIV policies toward prostitutes. We argue that while the policies reflected traditional ways of controlling women's sexuality by stigmatizing prostitution using disease frames, it also served to solidly legitimize a commodified sexuality based in legal brothels. [ABSTRACT FROM AUTHOR]