Lecture on Sex Work Legislation and Rights

Jun 13, 2024

Lecture on Sex Work Legislation and Rights

Introduction

  • Speaker's Background: Unlike typical speakers on prostitution; not a police officer, social worker, academic, journalist, politician, or nun.
  • Common Perspectives on Prostitution: Seen as degrading, non-consensual, dangerous, and often subject to legal prohibition.
  • Speaker's Experience: Began working in a brothel in late 2009 due to financial necessity.

Personal Reflection and Key Themes

  • Rethought ideas on prostitution, consent, capitalism, gender inequality, and workplace violence.
  • Aims to discuss legal approaches to sex work globally and their failures.
  • Emphasizes what sex workers want: decriminalization and labor rights.

Four Main Legal Approaches to Sex Work

1. Full Criminalization

  • Countries: Russia, South Africa, most of the US.
  • Applies to: Sellers, buyers, third parties.
  • Consequences:
    • Forces workers to continue selling sex despite risks due to financial needs.
    • Hard to get conventional jobs with a criminal record.
    • Exposure to state violence and abuse (e.g., police coercion, torture in Cambodia, arrest for carrying condoms in Kenya/South Africa/New York).
    • Increased HIV risks due to fear of carrying condoms.
  • Example: Sex workers have to choose between risky sex or risking arrest.

2. Partial Criminalization

  • Countries: UK, France.
  • Legality: Buying and selling sex is legal, but brothel-keeping and street soliciting are banned.
  • Consequences:
    • Forces workers to operate alone, making them vulnerable.
    • Working together is illegal, increasing danger (e.g., story of being threatened by a client knowing the workers couldn't call the police).
    • Street workers face fines leading to a vicious cycle (Sell sex to pay fines).
  • Example: Mariana Popa's death in East London due to working alone to avoid arrest.

3. The Swedish or Nordic Model

  • Concept: Criminalizes buyers, not sellers, claiming to protect sex workers by removing demand.
  • Issues:
    • No decrease in prostitution in Sweden.
    • Forces sex workers to lower prices or take more risks.
    • Increases reliance on potentially abusive managers.
    • Reduces negotiation time, increasing danger.
  • Example: Unsafe to ask clients for traceable info, risking violence; outdoor workers must work in secluded areas.

4. Legalization

  • Countries: Netherlands, Germany, Nevada (US).
  • Concept: State-controlled, requires compliance with regulations like registration and health checks.
  • Problems:
    • Expensive and difficult regulations create a two-tier system (Legal vs. illegal work).
    • Marginalized workers often pushed into illegal, unsafe conditions.
    • Not feasible for those in urgent need (e.g., refugees, abuse victims).
  • Outcome: Reinforces dangers of criminalization.

Consequences of Prohibitionist Approaches

  • Increased Danger: Law enforcement fears prompt risky behaviors (working alone, avoiding cops).
  • Perpetuated Sex Work: Fines and records force continued sex work.
  • Empowered Abusers: Crackdowns drive risky decisions, increase pimping.
  • Reinforced Stigmas: Social stigma and violence against sex workers increase.

Supporting Insights

  • Exploited Groups: Laws usually target marginalized groups (People of color, LGBTQ, migrants, etc.).
  • Trafficking Fears: Prohibition seen as solution for trafficking but doesn’t address underlying issues.
    • Similar risks exist in other industries (e.g., agriculture, hospitality).
    • Needs targeted legislation for specific abuses, not entire industry.
  • Historic Lessons: Prohibition fails (e.g., alcohol, migration, abortion, sex work).
  • Real Solutions: Need economic, housing, and migration support to alleviate sex work necessity.

Decriminalization as the Solution

  • Example: New Zealand (2003) - Sex work treated like any other work.
  • Benefits:
    • Legal safety measures (Working together, employer accountability).
    • Increased safety and lower stigma.
    • Collaboration with sex worker organizations (e.g., NZ Prostitutes Collective).

Conclusion and Call to Action

  • Sex Worker Demands: Full decriminalization and labor rights.
  • Global Movement: Examples include Sex Worker Open University, English Collective of Prostitutes; supported by UNAIDS, WHO, Amnesty International.
  • Allyship: Advocates for gender equality, poverty, migration, public health must include sex worker rights.
  • Call to Action: Listen to and amplify sex worker voices; resist those who silence them.