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