In this scene, Jerry Espenson (played by Christian Clemenson) argues that it has been estimated that legalized prostitution could lower the rape rate by as much as 25%.
Also, criminalizing prostitution doesn't work -- it never has. Making it illegal is a stubborn way of trying to impose a moral viewpoint, but ends up only making it more dangerous. It creates revenue of criminals and is connected with the child sex trade and slave trafficking.
On the other hand, if it became legal we could regulate it -- reducing occurrences of STIs and AIDS. He also hints that we could protect the sex workers themselves, giving them benefits such as insurance (though I would add a fair wage, free health checks, and protection through labour law). Also, we could keep prostitutes from ending up in the morgue. As of now they're easy targets from pimps and customers. Legalizing prostitution can literally save lives.
And -- TRUMP CARD -- we could TAX this billion dollar industry. And tax money can help Support The Troops! Jerry wins!
Unfortunately he doesn't, but this scene demonstrates the brilliance of Boston Legal in that it is very smart and topical, while also being extremely off-beat and silly. Jerry suffers from Asperger's syndrome which gives him various nervous ticks and quirks. In this scene, he argues with his hands planted on his thighs while walking around in circles.
The prosecuting attorney in this scene is played by Gina Torres who played Zoe in the TV show "Firefly".
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