Law, Society, and Sex (Workers) by Jordan Paiva

Law students are often accustomed to the phenomenon that the law follows technology and morals; however, there is a small yet important niche that breaks this trend. Sex work has been legal in Queensland for nearly 20 years and yet still holds a brand of shame and taboo which seems difficult to change. This attitude likely stems from archaic views from past generations but as future litigators and judges, it is important to recognise not only where the law falls short, but also where society falls short and where the law has caught up.

The Prostitution Act 1999 (Qld) was enacted during a time of unease within the community with the rise of HIV/AIDS, and changing societal views which followed in the wake of political corruption within the Australian establishment. I wouldn’t blame that one may make the logical leap that the establishment would welcome this inclusion into society from a legal standpoint. However, this does not stand when applied to wider society. The stigma of sex work is a complicated amalgam of religious, moral, and ethical frameworks that lingers today. As such, these elements are fierce drivers of various sectors of the community, leading to the exclusion of those who engage in sex work from wider society. The exclusion of these members of society makes little sense on the utilitarian view as it has been seen that such exclusion can motivate individuals to engage in more dangerous and risk-taking behaviour which could be detrimental to their health.

Interesting parallels can be drawn between the view on sex work within society today and the view of psychiatry during the mid-20th century. Many people saw engaging the services of a mental health professional as a shameful display and those who did so were looked upon as less than others who did not solicit those services. This needs to change. One may engage the services of a sex worker for many reasons but one which I believe would resonate with many readers is the ability to enact their own agency in their own lives. Being in an environment free from judgement on a sexual level allows the client to be able to explore their own sexuality. On a more macro level, governments could work towards more progressive policies and initiatives supporting sex workers. One such move would be the inclusion of ‘job’ or ‘career’ as a possible basis to enliven the Anti-Discrimination Act 1991 (Qld). Many sex workers feel as if they cannot be honest with those around them on account of their career on the basis of being discriminated against due to the stigma of the career choice. Having a legal avenue to combat such unfair judgement would go a long way to removing the stigma surrounding sex workers and their work.

Further to this point is the risk posed to workers who offer their services on platforms such as OnlyFans and Fansly to promote their work as pornographic artists or performers. These workers sit at a unique position where they are at risk from malicious actors leaking their content from their professional lives into their personal circles, resulting in likely emotional, reputational and monetary damage. While protections such as copyright law and ‘revenge porn’ criminal offences exist, with the advent of these services, the law should adequately service those who are uniquely at risk on account of the work they do and the material that flows from this work.

For the most part in liberal circles, it is undisputed that sex workers are people as well, a fact many people seem to forget. It is often easy to picture sex workers in the same category as the least desirable members of society but honestly without good cause. Sex workers contribute to society in both functional and figurative ways: they pay their taxes and provide a service many of us utilise. Further, they are deserving of love and respect which often isn’t afforded to them. As society becomes more inclusive of categories of people who have been subjugated for too long, we should afford the same consideration to sex workers which has been denied to them for too long.