Shift recently published a position statement in support of decriminalization of sex work. Decriminalization is an important issue for those involved in sex work because of the connection between criminalization & violence. Criminalization transforms behaviors and individuals into crimes and criminals. In the area of sex work, criminalization pushes sex workers to the margins of society, increasing their vulnerability to violence in their work.
The most commonly discussed consequence of criminalization is connected to Canada’s prostitution laws. With Canada’s current laws, sex workers can’t negotiate openly, form collectives, hire receptionists, drivers or bodyguards for screening or protection and are unable to exchange sexual services in a safe working environment. Decriminalization of sex work would eliminate those laws, ensuring sex workers would have the power to negotiate & screen clients, surround themselves with people to increase safety, and work in locations they feel are safer. Boundary restrictions can also be a result of being criminalized, which can prevent workers from entering into certain areas of their town or city. These locations may be where sex workers live, work or access services thus impeding workers from living out their daily lives, accessing support or addressing their needs.
Further marginalization occurs because sex workers may be hesitant to report bad dates to the police for fear of being criminalized, making their identity known to police or if they have warrants for their arrest. This means that many acts of violence against sex workers are unreported and unaddressed by the authorities, creating an environment where perpetrators target sex workers because of this vulnerability.
Criminalization also perpetrates stigma & discrimination by fostering the image of workers as being criminals, corrupt, and devious. The result is that sex workers can often be seen as not being credible and their concerns about violence are not taken seriously. Some have argued that if sex workers do not wish to experience violence, they should just leave the industry. This is also an example of discrimination as it puts the blame on sex workers and implies that there is no other way to prevent the violence.
Criminalization can be used as an argument in favour of increasing safety in sex work, stating that the laws prevents people from entering into or staying in the sex trade. Within this argument, those involved in sex work are portrayed as victims that are in need of laws to help ‘save” them. Laws that put sex workers in the position of victim take away their voices, their power to make decisions around their bodies and work and their right to self-determination. This means that the regulation of sex work is not in the hands of sex workers themselves who know how to increase their safety, but in the hands of other institutions.
Criminalization further marginalizes those involved in the sex industry because it causes challenges for sex workers to fully integrate into society. As example, workers may feel disconnected by not being able to share their experiences with family or friends. Workers may be less likely to access formal or informal support, such as counseling, when dealing with the consequences of violence. Additionally, if a sex worker wishes to move away from an unsafe situation, he or she may have a difficult time obtaining alternative work as a criminal record closes off options.
Criminalization of sex workers’ clients is also not beneficial for sex workers. Taking away a workers’ consumer base only increases the chances that workers will take more risks to obtain and maintain clients. As well, criminalization of clients may reduce the chances that a client, or date, would report if they suspect a worker is experiencing exploitation.
For more information, please see the AIDS Calgary’s position statement in support of decriminalization of sex work; http://www.shiftcalgary.org/Past_Events.html
For more information on Canada’s prostitution laws, please check out our legal card; http://www.shiftcalgary.org/uploads/Legal_Card.pdf
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