Thursday, March 23, 2017

Criminalizing Sex Work - An Archaic American Policy with Better International Ways of Going About it




In 2015 Amnesty International shocked millions when they proclaimed that "Sex worker's rights are Human Rights," and other than a few other remarks published by news organizations, conversation about the decriminalization of sex work has diminished. However, with the state of the free world in jeopardy of being Trumped, Amnesty's statement must be brought back to the table for discussion. Much like those that have come out in support in protective legislature for sex workers have said, decriminalization of sex work should happen because: 1) criminalizing sex work creates barriers for protecting workers, 2) workers are being targeted by police, and 3) some countries have had positive results from decriminalizing and legalizing sex work. 
            Initially, the criminalization of sex work keeps workers from being protected and even negatively impacts their quality of life. Similar to what the US experienced in the 20’s with the VD pandemic that resulted from the condemnation of condoms, sex workers that are employed in areas that criminalize their work are in a weak bargaining position with their clients. Because sex work is illegal workers are unable to seek protection when they are confronted with tough situations. Because violence against sex workers is so prevalent, the threat of violence is often used to coerce unprotected and risky sexual behaviors; leading to such a disparity in cases of VD between women in and out of sex work. Vox reported in 2016 that generally only 5% of women not in sex work have Gonorrhea but women that are employed by sex work are more than four times more likely to contract it, with 23% of them being diagnosed.
            Next, because of their disadvantageous position in relation to the law, sex workers’ fates are often in the hands of the officers that handle their cases. Unfortunately, this means that they often are exploited while in the custody of police officers. Revolving Door: An Analysis of Street-Based Prostitution in New York City, found that 27% of those that participated in the study experienced violence at the hands of police. This study shows the experiences of sex workers only based in the US, a larger scaled report has yet to be conducted.
            Finally, there have been a few places that have tried legalizing/decriminalizing sex work. In 2003 New Zealand passed “The New Zealand Prostitution Reform Act” that completely decriminalized sex work. Though it had been in the process for nearly a deacde due to inhibitions by a few opposition groups. One of the biggest fears these groups had was that it would, “… lead to an explosion of brothels and of human trafficking”. However, after five years of the act being in effect those opponents published a statement:

The sex industry has not increased in size, and many of the social evils predicted by some who opposed the decriminalisation of the sex industry have not been experienced. On the whole, the PRA has been effective in achieving its purpose, and the Committee is confident that the vast majority of people involved in the sex industry are better off under the PRA than they were previously.

Clearly, those in favor of the act found these statements as evidence of a success. Furthermore, a similar instance happened in the US, but under different circumstances. Vox published an article in 2014 detailing the event. “In 2003, Rhode Island unintentionally decriminalized indoor prostitution.” You read that right. Apparently, in 1980 the state was amending a law that they believed made some sex between consenting adults illegal. However, that wasn’t the case and they unknowingly legalized prostitution indoors. What’s more is that this went unnoticed until 2003. In this time both STDs and cases of sexual assault decreased by nearly 30%. Despite this, though, the state preceded to close the loophole in 2009.

            Not only is there a theoretical basis for decriminalizing sex work, there is empirical evidence that shows positive results from decriminalizing sex work. Unfortunately, as I previously mentioned, the current political regime that we are under may keep us from giving these people the rights that they have been denied for some time, now we can prepare for the day that that goal is finally achieved.













2 comments:

  1. Hey Dalton! So I must say that I thoroughly enjoyed reading your blog because it tackled an increasingly relevant issue that seems to have been left on the back-burner, especially with the new presidential administration. The criminalization of sex work does nothing but create a threatening situation for many men and women trying to earn a living; whether that be through choice or unfortunate circumstance. As with the prohibition of prostitution, pornography, and birth control during the Victorian Era implemented through the Comstock Act, the criminalization of sex work in the United States (and many other countries) has not led to a suppression of sexuality, but has created a discourse for why decriminalization is needed.

    Interestingly enough, prostitution is legal in certain counties of Nevada and as seen on HBO's CatHouse, Moonlite Bunny Ranch is a legal brothel in Nevada in which many women are hard-working and proud of their profession. Because of this legalization, venereal disease is virtually non-existent among workers and clientele because of health protocols required by the business. In addition, the normalization of sex work has created many healthy and beneficial outlets for workers and customers alike. Attached below is a link to an Ask Me Anything on Reddit in which an employee of Moonlite Bunny Ranch answers many questions as to what it's like to be a legal sex worker, and it answered many personal questions I had about how beneficial the legalization of sex work would be. I hope to continue advocating for this issue, especially now with Amnesty International's interest and support.

    (Some topics in this link may be NSFW, so I wanted to provide a trigger warning for any potential readers):

    -Gabby Robinson

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    1. https://www.reddit.com/r/IAmA/comments/3gsf4i/iama_sex_worker_working_legally_in_nevadas/

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