The Case for Decriminalisation of Sex Work

 by Sophie Reeve-Foster



Sex workers are some of the most vulnerable members of society and the way different governments handle sex work is a cause for much debate and criticism.

In England, Scotland and Wales at the moment selling and buying sex is legal, but under certain conditions. Sex work outdoors such as curb crawling and soliciting sex work is a crime and working in the same indoor space as others comes under a criminal offence of brothel keeping. So, legal environments are generally limited to isolated indoor spaces. It is also illegal to cause, incite or control sex work for personal gain, to avoid pimping. “Gain” can include managing and renting. There is a huge variety of people involved in sex work, from different socioeconomic areas, which is where much of the confusion lies. The sex positivity movement carried a judgement-free attitude towards selling sex among other things, emphasising how it can feel empowering. However, there is a danger of dismissing the vast majority of sex workers with this attitude, who are not in such a financially comfortable position. This article concerns this majority, who are 80% women, lack such a clear definition of choice and are often acting because they feel it’s their only option. Of this group, single mothers constitute the largest proportion, and many women who pursue it have been homeless during the job.

Sex work is often mixed up with sex trafficking, but there is a huge and important distinction. There is an image of sex trafficking in most people’s minds which entails being kidnapped from a third world country and shipped overseas, and of course this needs to be dealt with, but the vast majority of sex trafficking is very different. When fleeing a country, many individuals aren’t in a stable position to pay money to those who smuggle them across and are given a sex contract instead. However, once they have crossed the border, the terms often change and become much more threatening with poor working conditions and longer hours. If the victims of this trafficking were to go to the police, they would be deported, so to stay in a safer country many withstand the treatment. Human trafficking is utterly indefensible, and it is different to sex work.

Criminalising Sex Work

Under laws that criminalise sex work, it’s a crime to buy or sell sex in any scenario. This law tries to avoid legitimising exploitation and moral ambiguity associated with sex work. People who support it often talk about how many women come from disadvantaged backgrounds such as care, or deal with drug and alcohol abuse. They also talk about the ambiguity of “consent” when workers are financially dependent on clients, and the inherent power a client has over a worker, which can easily be abused. Drug and alcohol dependant sex workers maybe be coping with trauma which occurred prior to or during the sex work, and many argue that those dealing with substance abuse and mental illnesses are not in a position to provide informed consent. The job carries a high risk of sexual assault, verbal abuse and social contempt. However, many don’t take into account that the abuse and assault is illegal already, and criminalising sex work only makes it harder for the perpetrators to be found, because sex workers also feel unable to approach the police. They become an easy target for abuse and, as history has repeatedly told us, murder. They can also face discrimination by health workers. Managers exploiting workers for a large proportion of their earnings is a huge problem, but when workers are made more vulnerable by the law, they are more reliant on the protection that having a manager can provide.

Additionally, making sex work a crime means police officers are given the power to judge each woman. In the 1970s black women were seven times more likely to be arrested for prostitution related reasons than white women. This statistic alone demonstrates the discrimination that has come with giving police power in the past.

The Nordic Model

Originally introduced in Sweden, the Nordic model uses partial decriminalisation. Under this law, it is not a crime to sell sex, but it is a crime to buy it. The model aims to reduce sex work by reducing its demand.

This model seems, in theory, and perhaps symbolically, fitting. To blame the men who sexualise women and ultimately benefit from it, rather than the women who feel they have to sell. But if it’s closely examined, the practicalities are far more damaging. By scaring off clients, the pool of clients for a sex worker becomes significantly smaller. This limits their choice of clients and increases competition between workers. Where before they had more options, now they are forced to be more lenient with the clients they take on if they want an income. The standards have to be lowered. Under more financial pressure, they are left having to accept clients they’re more uncomfortable with, who may be more threatening, abusive and violent. Furthermore, by nature, if buying sex is made a crime, those who continue to pursue it will care less about the law, be more risk taking, and possibly have less to lose. So, not are there limited options, but the clients themselves are more likely dangerous. Buyers may ask workers to meet them in more dangerous locations to avoid being caught, and to refuse would be to decline much needed money.

There is no sufficient evidence to suggest that on a scale, this Nordic model works. In fact, when it was introduced in France and Ireland, instances of violence towards sex workers heavily increased. The law fails to tackle stigma as the work is associated with crime, and it is also harder to predict sex workers health.

Legalisation

Legalisation and decriminalisation are different: Legalisation involves regulation where decriminalisation removes all laws and regulation. Regulation can include zoning requirements, mandatory STD tests and protecting minors who could become involved. While legalization has potential to work, the human rights of sex workers can be challenged by introducing certain policies. The government would need to ensure their policies were not invasive, and these policies often exclude a significant proportion of marginalised sex workers who may still be left operating outside of the law, such as drug dependant sex workers. In Tunisia, when sex work was legalised, those working in brothels had to obtain authority from the police before leaving their jobs, to demonstrate they could earn a living through “honest” means. This impeded on their rights and allowed for blackmail by police.

Decriminalisation

Since decriminalising sex work in 2003, New Zealand found no increase in the number of sex workers. They found, instead, that sex workers were more able to report violence and abuse to the police. They introduced a model that revolves around consent and emphasises the free choice of workers. Decriminalisation does not mean removing the laws around human trafficking, sexual abuse and violence. There is no evidence to suggest that decriminalisation encourages human trafficking, and the movement is supported by many organisations such as Amnesty, Freedom Network USA, the Global Alliance Against Traffic in Women and La Strada International.

Criminalisation does not mean an activity disappears; it makes those who partake in it more vulnerable. If we want to eradicate sex work among those who feel they have to other option, we have to eradicate the circumstances under which they start the job: poverty. In the meantime, we must support them as much as possible.

Sources:

https://www.cps.gov.uk/legal-guidance/prostitution-and-exploitation-prostitution

https://www.amnesty.org/en/qa-policy-to-protect-the-human-rights-of-sex-workers/

https://theconversation.com/ideological-war-against-the-decriminalisation-of-sex-work-risks-sidelining-much-of-the-evidence-92883

 


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