Decriminalize Sex Work!

I know what you’re thinking. Decriminalize sex work? Why would we do that? Isn’t there a reason that sex work is such a tabooed industry?

Before I get into how decriminalizing sex work could actually lead to a safer industry (an industry that, whether you like it or not, is huge and growing), let me define what sex work is. Sex work is the voluntary, consensual exchange of commercial sex services, including but not limited to pornography, sex, and erotic dancing. There are a variety of reasons that people do sex work. Some do sex work to making a living, some have no other options, and some prefer its flexible working conditions. In this article, I will be using the term “sex worker” rather than “prostitute” in order to legitimize sex work as work.

When we talk about decriminalization, let me make it clear that decriminalization is not legalization. Legalization would mean the adoption of regulations and guidelines into the sex industry, whereas decriminalization removes all criminal penalties from sex work and prevents the government from otherwise intervening. Why sex work activists call for decriminalization over legalization is because legalization could still punish sex workers for not fulfilling their “bureaucratic” duties, preserving the worst parts of criminalization.

But what, exactly, is so bad about criminalization?

To start, let me establish that technically, no one has the legal right to determine who should have sex and on what terms. By criminalizing sex work, the government is doing exactly that. But most importantly, the criminalization of sex work inherently makes sex work more dangerous.

Police brutality and abuse is one of the main reasons why sex worker activists argue for decriminalization. Countless reports have found that police constantly coerce and force sex workers into performing nonconsensual sexual acts to avoid arrest. Similarly, the criminalization of sex work makes sex workers more vulnerable to abuse on behalf of clients, including sexual assault, rape, robbery, and even murder. Yes, you heard me. Clients can murder sex workers without consequences. On top of that, many sex workers are unable or unwilling to come forward due to fear of arrest. Decriminalization would enable sex workers not just to come forward, but to protect themselves under the law as human beings.

Let’s move onto some of the more…positive arguments to decriminalization. First, health. Because sex work is not recognized as a decriminalized, legitimate industry, many sex workers often go without critical medical care for fear of arrest. Many sex workers, lacking healthcare, are completely unable to. Furthermore, because safe sex measures can be seen as evidence for sex work (carrying condoms, for instance), sex workers are at a higher risk for contracting STDs and STIs. Decriminalization would allow sex workers to seek necessary medical care, get insured, and practice safe sex.

Second, equality. Decriminalization of sex work would do two things towards increasing equality of marginalized groups: advancing rights and equality for the LGBTQ+ community and fighting mass incarceration and the criminal justice system. Individuals from the LGBTQ+ community have historically relied on sex work for employment, and are more likely to be sex workers than those who are not (especially Black and Brown transgender women). By decriminalizing sex work, the LGBTQ+ community would be one step closer to agency over their lives. Decriminalizing sex work would also help fight mass incarceration by reducing the number of those unnecessarily jailed for sex work. Furthermore, decriminalization would actively defy our racist criminal justice system by stopping more Black and Brown LGTBQ+ folx from losing the rights that a criminal record can take away.

Evidently, decriminalization of sex work wouldn’t create the more dangerous, explicit industry that many would expect. Instead, it would provide protection for sex workers and even their clients (indirectly), while increasing LGTBQ+ equality and reducing mass incarceration. It is exactly what our society must do to protect, uplift, and support our sex workers.