Understanding the Decriminalization of Sex Work
Sex work (prostitution) is illegal in all but one of America's fifty states; in 10 counties in Nevada, regulated prostitution is legal. In recent years, however, many have called for the decriminalization of sex work. An accurate estimation of how many people sex work impacts is difficult to measure, though one report indicated there are 1 million prostitutes in the United States and 40 to 42 million prostitutes worldwide. There are many avenues in which an individual may engage in sex work as either provider or customer, making the scope of those impacted difficult to measure. Research may only consider those who have been arrested for street-based prostitution but there are other sex-based work opportunities initiated online. Regardless of how one engages in sex work, those who oppose decriminalization recognize that prostitution negatively impacts a vast, unknown number of participants. Critics of decriminalization argue prostitution is dangerous, abusive, and contributes to a growing health epidemic. Given the historical and moral implications of sex work, it is difficult to understand the growing voice advocating for the decriminalization of sex work. Yet, proponents argue criminalizing sex work creates stigmatization that prevents vulnerable individuals from receiving care or equal access to resources. Advocates of decriminalization explain how aggressive policing of sex work endangers workersâ lives and contributes to the growth of mass incarceration. Despite their differences, both opponents and proponents of decriminalizing sex work understand the importance of assisting sex workers with accessing resources such as healthcare and legal aid. The structure and distribution of support may vary in approach between parties. The future of sex work rests on both proponents and opponents of decriminalization understanding the importance of resources and services regarding the health and safety of both workers and the community.
Opponents of decriminalizing sex work do so with the knowledge that prostitution is considerably dangerous and harmful. According to anti-prostitution activist Melissa Farley, âAt the root of prostitution [is] dehumanization, objectification, sexism, racism, misogyny, lack of empathy. Prostitution is like being chronically sexually harassed, endangered, and raped. Prostitution cannot be made safeâ. Prostitution is harmful toward women, particularly minorities, because it exposes them to extreme forms of violence. Individuals engaging in sex work are at high risk of experiencing demoralizing physical and sexual abuse. Those who purchase sex, Farley argues, are more likely than their non-sex buying peers to have raped a woman and admit a willingness to rape if certain they would face no charges. Sex workers are at an increased risk of violation because their abusers, sex buyers, are more likely to assault women. Individuals who purchase sex are violent toward sex workers, creating an unending cycle of harm.
Sex work continues to perpetuate harm in the form of dangers to public health and safety. A recent study found that 70.8% of interviewed sex workers reported using injectable drugs, such as heroin, in the past three months while 83.4% of interviewees admitted to smoking crack-cocaine over the same period. Sex workers are at greater risk of abusing illegal substances; drug abuse has reached critical mass in the United States and increased use due to activity like prostitution compounds larger social problems. The same study also reported a 5.2% HIV presence, with individuals entering sex work under the age of 18 having the highest rates of HIV, homelessness, and food insecurity. Not only does sex work correlate with drug use, but also with serious health epidemics like HIV. Individuals who engage in prostitution as minors are far more likely to experience barriers to care because they are also experiencing burdens such as the lack of food or shelter. The longer a person pursues sex work as a lifeline, the more likely they are to experience addiction and instability, continuing a cycle of harm.
Critics of decriminalizing sex work understand the act itself to be so heinous that there is no way to make it less destructive. Former sex worker Rachel Moran argues that programs seeking to reduce harm by providing condoms to prevent STIs are meaningless and encourage women to engage in prostitution. Prostitution, Moran continues, is a âhuman rights violationâ and when a person faces situations like homelessness or poverty, âTrue consent does not exist. If youâre facing the difference between no food in your stomach and having a penis in your mouth, itâs not much of a choiceâ. Critics of decriminalization argue that efforts seeking to promote safe sex work are dangerous because they promote continued abuse over disengagement. For critics of decriminalizing sex work, there is no way to make prostitution sustainable because it is too toxic. Sex workers are inherently in a position of victimization that requires oversight, accountability, and access to resources like food and shelter.
Proponents of decriminalization argue sex workers are more likely to access resources, like healthcare, when they are no longer stigmatized. A professor of social work at Hunter College in New York, SJ Dodd argues, âPeople let all their biases and stereotypes get in the way of meeting the client where theyâre atâŚThey might not be talking to [the provider] about the sex trade at allâ. When a sex worker interacts with a mental health provider, that provider may come to the meeting with certain preconceived notions about their client, which leads to substandard care focusing on one aspect of their clientâs life. This provider may assume the needs of their client rather than listen to the needs of their client. A provider who knows sex work is illegal and carries a great deal of societal baggage and this baggage is brought into mental health sessions. The care shifts from being patient-centric to being situation-centric. The same rings true for medical health providers, as Dodd explains, âBecause of the taboo around sex and sexuality, medical providers donât raise issues in care,â issues like screening for STIs and HIV. Stigma prevents individuals from properly disclosing and discussing their entire patient history with medical professionals. Medical professionals, too, are trained to ignore conversations involving sex or sexuality.
Public and individual health are at the center of arguments for and against the decriminalization of sex work. According to the American Civil Liberties Union, studies show criminalization of sex work correlates with greater instances of unprotected sex. Current legislation prevents sex workers from engaging in public forums, like the internet, to solicit for clients. Sex workers, instead, are forced to pursue private locations, and those private spaces are linked to higher rates of unprotected sex and STIs/HIV. Rather than accessing clients through the internet and using it as means of screening potential clients, sex workers are forced to meet individuals in person and in a less controlled environment. Unable to verify information in advance, the sex worker is forced to engage in all terms of the agreement with zero negotiating power. A sex worker in this position can then become more likely to cede to or experience coercion, like not wearing a condom. Sex workers in New York reported instances of confiscation or destruction of condoms by the police officers they interacted with, and because of this, opted to carry fewer condoms. Sex workers are known to be a vulnerable population, and it is troubling that law enforcement in one of the largest cities in the United States treats public health in such regard. The criminalization of sex work grants law enforcement power to destroy or detain these items under the guise of their being a device of prostitution and prostitution is illegal.
Criminalization of sex work results in increased policing of vulnerable populations who are working to survive a life lacking stability in food or housing. A study of female sex workers in Baltimore discovered that, of those interviewed, 82% had been arrested, one in 10 engaged with law enforcement daily, and 41% encountered law enforcement at least once a week. Of those who interacted with police, 78% said they experienced abuse from law enforcement, 48% stated police had sexually or physically assaulted them, and only 30% reported having been offered aid or resources. The individuals of this study help paint the larger picture of sex workersâ interaction with law enforcement. Currently, female sex workers experience high rates of arrest but only a third are offered services or help. Rather than experience respect from law enforcement, criminalized sex workers are more likely to experience abuse or assault. In place of aid and understanding, a key focal point of both arguments, criminalized sex workers are treated with violence by those sworn to protect them.
While there is great division between opponents and proponents of sex work decriminalization, both sides can mutually agree sex workers need support. The violence suffered by sex workers, coupled with destabilizing factors such as inequal access to aid and resources, perpetuates a cycle that is difficult to break. Individuals engaging in sex work are a vulnerable population made-up of women, minorities, and members of the LBTQ community. Due to increasing demands to fight human trafficking, a form of sexual violence often conflated with sex-work, Congress passed the Fight Online Sex Trafficking Act and the Stop Enabling Sex Traffickers Act in 2018. A recent survey studying the impacts of FOSTA-SESTA, and the subsequent removal of Backpage.com, found that todayâs sex worker are queer women who have or are currently experiencing some form of housing insecurity who experience barriers keeping them from traditional work. Sex work is often composed of people living on the fringe of society, people who find acceptance in society difficult. Individuals with mental illness or debilitating diseases like fibromyalgia, the report finds, are 60% more likely to turn to sex work because they could not function in a typical nine-to-five work environment. This difference in acceptance pushes individuals to engage in survival tactics, like sex work, to obtain required resources like food, shelter, and clothing. People who are chronically ill or otherwise experiencing job discrimination due to their sexuality could benefit from resources and care or opportunities like job training. Support for individuals who experience high rates of unemployment offers a viable alternative to sex work. Access to training or social workers capable of assisting with referrals provide avenues of resources that both sides of the debate can appreciate.
Sex work, whether criminalized or decriminalized, presents a situation that is potentially abusive, coercive, and overall harmful to both worker and society. In the United States, only Nevada permits the sale of sex between consenting adults but only through regulated means; though there has been recent legislation introduced in Vermont and New York decriminalizing sex work. Illegal sex work is prevalent across the country and lawmakers are unsure of how to proceed. One alternative embraced by European nations, The Nordic Model, shifts the criminal penalty from the person selling sex to the person purchasing sex and seeks to create a victim-centered model of helping workers find ways to stop participating in sex work. The Nordic Model creates a path out of sex work and treats workers like victims of abuse, violence, and crime. When responsibility is shifted to the person buying sex, penalizing the behavior criminally, there is hope of discouragement on the part of buyers. Lawmakers and advocates agree that an increase in violence against sex workers is cause for some form of protections, some argue âthe criminalization approach has failedâ and assert more radical measures should be taken. The importance of investing in resources and aid cannot be overstated because sex workers are at increased risk of violence and victimization. Challenges faced by sex workers include increased health risks, increased instances of violent encounters with law enforcement, and barriers to equality in job and housing opportunities. Individuals who participate in sex work often do so out of necessity of survival. If sex workers received more care, support, and aid in stabilizing food, housing, and job security, the need to participate in sex work could be eliminated. While neither side of the decriminalization debate agrees with the other on most issues, both sides can agree to the importance of resource and support-based approaches that provide individuals engaging in sex work with tools critical to surviving and one day thriving.
Images: https://whitmanwalkerimpact.org/wp-content/uploads/2020/12/Sex-Worker-Law-and-Policy-Report-FINAL.pdf
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