Abigail Lupien

Professor Joann Deiudicibus

English 170

April 27, 2021

Decriminalization of Sex Work

            Sometimes referred to as “the world’s oldest profession,” sex work, specifically prostitution, does have its risks. Prostitutes encounter high risks of sexually transmitted disease and infection, violence, social stigma, and more, and their clients face some similar risks as well. Some have reservations about the decriminalization of prostitution, believing risks may be raised, that human trafficking rates will be raised, or that pimps would benefit more than the prostitutes themselves. Sex work is a complicated topic as human trafficking, a real issue, tends to be brought into the conversation, though it is not always what is being discussed; some people do choose to be sex workers. Consensual prostitution should be decriminalized so that it is a safer practice for both the sex workers and their clientele.

The difference between decriminalization and legalization can be unclear but there is an important distinction to understand before holding a truly informed discussion. Maxwell Tani, who has explained some context of this topic, quotes Donna Hughes of the University of Rhode Island to clarify the difference between legalization and decriminalization; to summarize, legalization opens lawmakers up to putting many barriers upon prostitution, while decriminalization simply prevents law enforcement from being involved in anything to do with prostitution other than to uphold other laws. Legalization would mean that, while the sale of sexual services would be ‘allowed’, the government would then be able to create many regulations that, if a sex worker did not or could not meet the requirements of, they could still face fines or arrest. Because of this, Molly Smith, herself a sex worker, expresses desire for decriminalization actions to take place rather than legalization ones, explaining how legalization further marginalizes those who struggle to meet the law’s other requirements regarding sex work. She discusses the differences in how different countries have handled the issue; legalization based on Sweden’s model in countries such as Norway, Iceland, Canada, and Northern Ireland, versus decriminalization in New Zealand, the model for which she and the United Nations sing the praises due to its improvements on the practice.

The real reason prostitution is illegal is deeply rooted in history, and much of this history is explained in the article “Commercial Sex: It’s Time for Public Health to Admit ‘It’s Complicated:’” during World War II, both the Nazis and the Japanese military seized control of several brothels for their own use. After this, some people saw the prostitutes working in these brothels as conspirators to the Nazis and the Japanese and took violent actions against the workers. The US brought the changes in law that would make brothels illegal to the UN to try to prevent these types of atrocities and protect people. This bit of history has great importance in the matter, however, many groups advocated for prostitution being illegal before this as well, including Christians and even Physicians, who believed that criminalization would be the only way to slow the spread of STIs, which now is being seen to possibly be the opposite of the case. Further, in 1910, the Mann Act was passed, prohibiting women from being brought across state lines for sex work (“Commercial Sex…”). All of this history may demonstrate that, although the prohibition of brothels in the time of the second world war may have been warranted to decrease violence, these laws may be able to be rethought in today’s world, nearly 80 years after the events that inspired the changes in law. Now, there is such stigma associated with sex work and even the advocacy for its decriminalization, that it is not even on the radar of most US lawmakers today, although other countries are beginning to make steps towards decriminalization.

The decriminalization of prostitution is important for more than just prostitutes. This is a public health issue, and many health organizations throughout the world including the World Health Organization, Global Commission on HIV and the Law, and more agree that decriminalization is the right step to take (“Commercial Sex…”). Sex workers and their clientele are at high risk of sexually transmitted diseases and infections (STIs), HIV being the most concerning considering its potential to develop into AIDS. As sex workers face fear of being arrested, they may not carry condoms with them, and may have sex without, risking being infected by clients, and if they are, they also risk infecting other clients. On top of these risks, while some clients may have access to healthcare that they can use in the case of being infected with an STI, sex workers may not have the same access to healthcare due to the income rates and the job itself; similar to undocumented immigrants, a sex worker may try to treat illness or injury on their own, fearing hospitals lest they get arrested. Eliminating this concern, decriminalization can help sex workers gain better access to healthcare. The risk of contracting HIV, hepatitis b and c, and syphilis also comes with the use of injected drugs, if needles or syringes are shared – and street prostitutes are also at high risk of using some of these drugs.

On top of the risks of STIs through unprotected sexual activity and drug use, sex workers face violence as well. Street prostitutes face the risk of muggings, robbery, and even murder. Prostitutes may be seen as sex objects for their clients to use as they please – a harmful way of thinking which may also turn violent in some circumstances; according to Miller, author of “Encyclopedia of Lesbian, Gay, Bisexual and Transgender History in America,” volume 2, historically, many female sex workers became disgusted by their male clients and turned to other women for their personal companionship and intimacy. Sex workers are also frequently the victims of sexual assault, some experience this while working in commercial sex, and, as Sheila Jeffereys, author of The Idea of Prostitution discusses, many who become prostitutes were victims of molestation between the ages of 3 and 14; these assaults is a driving force for many to become sex workers, feeling this is all they are worthy for. This history is incredibly unfortunate, and perhaps in decriminalization, sex work could be destigmatized enough for victims of childhood assault like these could seek psychological health for their past trauma; this counseling could help sex workers with this trauma to feel as though they are worthy of more, and even stop selling sex if that is what they desire, because while people who want to sell sex should be able to, those who do not should not have to. If a sex worker did need assistance in an instance of violence, the fact that sex work is a criminal offense would likely keep them from calling upon police assistance and possibly try to face violence on their own, which may put them in more danger. Tani highlights Smith’s argument that if prostitution were to be legalized rather than decriminalized, there could be regulations that may harm rather than help sex workers, making it more difficult for sex workers that are already marginalized.

Ronald Weitzer writes on sex work stigma and how society could possibly reduce it: being a sex worker opens one up to levels of social stigma, depending on the work being done, gender, and other factors; however, it is not only sex workers who face stigma, clients have their own stigma to deal with as well. People who do hire sex workers are painted as undignified, lonely Johns, whose only mode of physical intimacy is through transactional sex. This level of stigma and criminalization of clients is an issue in the lives of sex workers as well; Smith points out that, if a potential client fears arrest for their purchase of commercial sex services, they may choose not to purchase these services. So, not only do criminalization aspects harm sex workers themselves, but the workers also may have more clients – and thus more income – if soliciting was not a crime. Stigma is perpetuated by the media’s depiction of the practice; prostitutes are almost exclusively depicted in fictional media (frequently) as transgender women or drag queens, looming the streets trying to pick up every man who passes by, in an almost predatory fashion; they are rarely main characters and usually do not contribute much to the actual story, thus not representing any truth about sex workers’ lives in fiction. As well as the lack of representation of prostitution in fictional media, news media furthers the sex-work-stigma by highlighting only the negative parts of sex work: things such as violence and human trafficking (Weitzer), which, while these are problems of much concern in the world of sex work, are not the only forms of sex work and therefore also not an accurate representation. Not only do these media depictions carry heavy bias and misinformation, but they are also conflicting, one example showing sex workers are predatory, the other, depicting them as helpless victims no matter the situation, neither of which are necessarily accurate. Weitzer also writes a section on derogatory language that perpetuates the stigma surrounding selling and purchasing sex, such as “whores” and “johns,” rather than “sex workers” and their “clients,” the thought behind this being that, if people stopped using derogatory language like this, they may gain more sympathy for all involved.

Some anti-prostitution advocates believe that the decriminalization of sex work would open sex workers up to more violence and other risks. The unfortunate truth is, although prostitution is a criminal offense in the US presently, that does not mean commercial sex transactions are not still occurring. Just as with the prohibition of alcohol in the 1920s, people were still drinking alcohol, but the practice was much less safe; people are still buying and selling sex, and the criminalization of the practice perpetuates the dangers. If sex work were to be decriminalized, prostitutes would have openings for creating their own rules, hours, locations, and more, and this could further their independence, safety, and comfort as it would eliminate the concern of arrest. Sex workers could even, if they choose, use some of the money that they earn to hire someone to provide them with security if they are concerned about violence. Smith discusses New Zealand’s decriminalization model, the focus of which is on health and safety, and in which workers can set up a private practice without fear of arrest or worry about completing bureaucratic paperwork. Fortunately for the US, there are countries like New Zealand which already have systems set up that seem to be successful that, if the country chose to decriminalize prostitution, it could model the system after.

One concern of anti-prostitution advocates is that pimps are the only ones who would benefit from this decriminalization and that human trafficking rates would become higher. While human trafficking should in no way be taken lightly as a subject, not every case of prostitution is necessarily trafficking, nor has every person working in commercial sex been coerced into doing so; as Weizter points out, a large reason for this being the way of thinking on sex work is that news media nearly only covers stories of trafficking, presenting them as if this is all that sex work is. This idea that the only people who sell sex are victims of trafficking or coercion both puts down sex workers (women in particular) with the belief that they could not possibly be making their own decisions, at least not if that decision is to be a prostitute, and shows clear bias against the act of selling sex in general, the idea that that is not a worthy profession and there is no way that those doing it chose to do it with their own free will. One example of why this argument is not strong is that Molly Smith, the writer of “The Problem With the ‘Swedish Model’ for Sex Work Laws,” is herself a sex worker; Smith is clearly involved in sex work voluntarily, writing an article such as this one, concerning the best ways to make sex work decriminalized and safe. Smith writes on her opinion that the model of decriminalization in New Zealand is the most beneficial for sex workers. This also begs the question, why would sex workers themselves advocate for changes in the law, if they were not the ones deciding their position in such work? Jeffereys makes an excellent point in chapter 5, something feminists value is believing that women are telling the truth of their experiences. The argument that all sex workers were coerced, and none chose this path, goes against this belief in women. And finally, even for those that have been victims of coercion and human trafficking, these people should not be criminals, they should be helped, and removed from the harmful situations, so criminalization still is not the answer in these cases.

In a system in which prostitution is a criminal offense, sex workers risk contracting STIs, facing violence and constant social stigma. When sex workers are at risk of STIs, as are their clients, and clients are not shielded from stigma either. Sex workers do not have the same access to medical or mental health services as they would if sex work were to be decriminalized. Although the true reason for prostitution being illegal in many countries is rooted in deep historical context, including that of World War II, many countries, including the US, have either kept these laws, or legalized prostitution to the point of heavy regulation that further disenfranchises some sex workers. While some anti-prostitution advocates believe that the decriminalization of the practice would only benefit pimps and not the sex workers themselves, Smith’s argument is that sex workers are more empowered by the decriminalization because they can make the practice their own, free from the fear and reality of arrest. The US should seriously consider decriminalizing prostitution to improve public health and the lives of both sex workers and their clientele. Once this decriminalization action has been taken, sex workers and advocates will still have to work through the societal issues of destigmatizing the practice, but legal change will be the first step. The great ideal in this movement is to create a system in which sex workers who choose to do the work they do can do it safely, and those who did not choose it can be empowered to make changes in their lives.

 

Works Cited

“Commercial Sex: It’s Time for Public Health to Admit ‘It’s Complicated.’” BU School of Public Health. 21 Nov. 2017. www.bu.edu/sph/news/articles/2017/commercial-sex-its-time-for-public-health-to-admit-its-complicated. Accessed 16 Apr. 2021.

Jeffreys, Sheila. The Idea of Prostitution, Spinifex Press, 1997. ProQuest Ebook Central, ebookcentral-proquest-com.libdatabase.newpaltz.edu/lib/newpaltz-ebooks/detail.action?docID=410434.

Miller, Heather Lee. “Prostitution, Hustling, and Sex Work.” Encyclopedia of Lesbian, Gay, Bisexual and Transgender History in America, edited by Marc Stein, vol. 2, Charles Scribner’s Sons, 2004, pp. 432-435. Gale eBooks, link.gale.com/apps/doc/CX3403600404/GVRL?u=newpaltz&sid=GVRL&xid=b777d851. Accessed 14 Apr. 2021.

Smith, Molly. “The Problem With the ‘Swedish Model’ for Sex Work Laws.” The New Republic. 8 Jun. 2015. newrepublic.com/article/121981/northern-ireland-sex-work-law-based-wrong-model. Accessed 16 Apr. 2021.

Tani, Maxwell. “Sex worker explains the difference between legalizing and decriminalizing prostitution.” Insider, reference to article by Molly Smith, stock quotes by finanzen.net. 10 Jun. 2015. www.businessinsider.com/sex-worker-explains-the-difference-between-legalizing-and-decriminalizing-prostitution-2015-6. Accessed 16 Apr. 2021.

Weitzer, Ronald. “Resistance to Sex Work Stigma.” Sexualities, vol. 21, no. 5-6, SAGE Publications, 2018, pp. 717–29, doi:10.1177/1363460716684509. journals-sagepub-com.libdatabase.newpaltz.edu/doi/full/10.1177/1363460716684509. Accessed 16 Apr. 2021.