Op Ed: Decriminalization of Sex Work

Op Ed: The Importance of the Decriminalization of Sex Work

by Samantha Lapenna

Sex workers are endangered by the criminalization of their profession. Legislators unjustifiably allow their emotions to influence policy decision-making and use human trafficking as a red herring fallacy to evoke fear in the public. This depicts prostitutes as prisoners of their profession and completely neglects the concept of bodily autonomy. Current repressive policies forbid the purchase and/or sale of sex to protect the "ordinary citizen" from this believed-to-be immoral practice and fail to recognize it as a legitimate career. The “common prostitute” is dehumanized by this symbolic and physical separation from the citizenry and consequently will face substantial health and social inequities that will decrease their quality of life.

Nobody should have to jeopardize their safety to earn a living. Sellers must often meet clients alone and in discrete locations because soliciting in groups or on the streets is illegal. This is a violation of their right to public assembly. These workers are three times more likely to experience sexual or physical violence from a client. Also, workers are less inclined to report such events to the authorities because of the stigma associated with their job, and the risk of potential criminal consequences and increased surveillance. Possession of a criminal record creates a significant barrier to finding alternative employment. Officers and clients use this to coerce prostitutes into performing without pay. This is sexual assault, extortion, and borderline slavery. In the USA, police fine or arrest women who advertise in public places and sometimes use the possession of condoms as supporting evidence. This obliges workers to continue to sell sex to pay off these fines and encourages them to not use protection. As a result, their risk of infection with HIV or another sexually transmitted infection (STI) is doubled, therefore their right to life is violated. In other cases where the purchase of intercourse is illegal, the customer may not wish to divulge any personal information about himself/herself/themselves for fear of being prosecuted which limits the negotiating power of the sex worker and her ability to press charges should something go wrong. How are these women supposed to trust a government that degrades, punishes, and abuses them? Their lives are in danger.

It is time to decriminalize sex work. Several demands must be met to restore the dignity that was stolen from these individuals. First, sex work must be officially recognized as an occupation. Doing so will enable sex workers to unionize, develop regulations that promote safe working conditions, and assert their rights with employers and consumers. Positive public recognition will also reduce the stigma associated with the job which will improve overall accessibility to social and health services. As a result, condom access and use will increase which will decrease the rate of unplanned pregnancies and the transmission and infection of HIV and other STIs. Secondly, political leaders must establish a collaborative government that prioritizes the involvement of sex workers in policymaking, includes participatory research, and ensures that their human rights are honored. Also, police will no longer be able to intimidate or blackmail these women in exchange for services because unlawful actions involving abuse of power will be reported. This reinstatement of political autonomy will improve their access to justice and subsequently reduce the threat of abuse and violence. Thirdly, authorities must revoke the sex offender status of individuals who were previously convicted of prostitution. This will help them find other employment if they wish to do so, regain parental custody, and make them eligible to receive loans, educational scholarships, or public housing. Sex-workers are equals, not second-class citizens. Act now.