Law, Society, and Sex (Workers)
LAW, SOCIETY, AND SEX (WORKERS)
JORDAN PAIVA
Law
students
are
often
accustomed
to
the
sex work from wider society. The exclusion of
phenomenon that the law follows technology and
these members of society makes little sense on
morals; however, there is a small yet important
the utilitarian view as it has been seen that such
niche that breaks this trend. Sex work has been
exclusion can motivate individuals to engage in
legal in Queensland for nearly 20 years and yet
more dangerous and risk-taking behaviour which
still holds a brand of shame and taboo which seems
could be detrimental to their health.
difficult to change. This attitude likely stems from archaic views from past generations but as future
Interesting parallels can be drawn between the
litigators and judges, it is important to recognise
view on sex work within society today and the
not only where the law falls short, but also where
view of psychiatry during the mid-20th century.
society falls short and where the law has caught
Many people saw engaging the services of a
up.
mental health professional as a shameful display and those who did so were looked upon as less
The Prostitution Act 1999 (Qld) was enacted during
than others who did not solicit those services. This
a time of unease within the community with the
needs to change. One may engage the services of
rise of HIV/AIDS, and changing societal views
a sex worker for many reasons but one which I
which followed in the wake of political corruption
believe would resonate with many readers is the
within the Australian establishment. I wouldn’t
ability to enact their own agency in their own lives.
blame that one may make the logical leap that
Being in an environment free from judgement
the establishment would welcome this inclusion
on a sexual level allows the client to be able to
into society from a legal standpoint. However,
explore their own sexuality. On a more macro
this does not stand when applied to wider society.
level, governments could work towards more
The stigma of sex work is a complicated amalgam
progressive policies and initiatives supporting sex
of religious, moral, and ethical frameworks that
workers. One such move would be the inclusion
lingers today. As such, these elements are fierce
of ‘job’ or ‘career’ as a possible basis to enliven
drivers of various sectors of the community,
the Anti-Discrimination Act 1991 (Qld). Many sex
leading to the exclusion of those who engage in
workers feel as if they cannot be honest with those
