For more information read our briefing paper Race, Sex Work, and Stereotyping. Numerous public health agencies have stated that decriminalizing prostitution is one of the most important policy shifts necessary to prevent HIV and STI infections. Where sex work is illegal, those involved are more likely to engage in riskier behaviors. Sex workers are less likely to refuse to have condomless sex.
Law enforcement often use condoms in a wallet as evidence of prostitution, preventing some people from wanting to carry them in large numbers, even from the store to home. Also, as stigma is reduced, condom usage is known to increase. Studies have shown that in the few places around the world where sex work is decriminalized, like New Zealand, the rate of STIs has gone down.
For more information see our briefing paper on public health. In most jurisdictions, tens of thousands of dollars are spent needlessly arresting and processing nonviolent sex workers. This money could be better spent investigating violent crimes such as rape, assault, and robbery. In most jurisdictions, sex workers are not guaranteed immunity from the criminal codes they have broken while working.
As such, they put themselves at risk if they seek to report crimes or information they have about crimes. Worse, due to the illegality of prostitution, law enforcement often has an adversarial relationship with sex workers. Sex workers are frequently targeted by police and their human rights are violated. Decriminalization will allow sex workers to collaborate with law enforcement, increasing public health and safety for all. Where sex work is decriminalized, sex workers have more options to conduct their business indoors — which most would prefer to do.
They are able to legally advertise their services and find clients without standing on the street. When we decriminalize sex work, communities can still have laws against lewd activity in public.
Since New Zealand decriminalized sex work in , there has been less street based prostitution. Legalization of sex work would create a set of laws, codes, and regulations specific to the sex industry. In , the Supreme Court acknowledged an adult's right to engage in private, consensual sex, by ruling that adults have a constitutional right to engage in private, homosexual conduct if they so choose.
Lawrence v. Texas , U. Although the Supreme Court was careful to state that its ruling didn't apply to prostitution, some argue that this ruling should be extended—that private, consensual sexual conduct should be allowed even where money changes hands.
Advocates for legalized prostitution argue that when sex-for-money involves consenting adults, it is akin to any other contractual relationship: It is the exchange of money for a service. The Netherlands endorsed this view when it legalized prostitution.
It recognized a woman's right to sell sex as an aspect of individual autonomy. Another argument in support of legalizing or decriminalizing prostitution rests on the claim that prostitution laws are enforced sporadically and ineffectively.
Despite laws providing for the punishment of both, prostitutes are penalized far more often than their customers. Those who oppose the criminalization of prostitution typically advocate one of two approaches: legalization which involves regulation or decriminalization no regulation.
Legalization is what Nevada practices: the direct regulation of prostitution by the government. This regulation may include an array of methods, from zoning requirements and advertising restrictions to mandatory tests for sexually transmitted diseases. Decriminalization is the removal of laws and regulation ; under this model, prostitution is treated just like any other occupation.
Sweden takes a partial decriminalization approach, under which the sale of sex is not illegal, but its purchase is. New Zealand, on the other hand, has decriminalized both the purchase and sale of sexual activity. Criminal law is frequently used to threaten a whole range of marginalised groups: transgender people, young people, gay people, sex workers. In their warring hearts, those in both camps share concern for the safety of sex workers.
What differs is belief on how this can be brought about. It is right that debate should happen — much is at stake — but without clarity as so what each side is calling for, the conversation is nothing but farce. It is decriminalisation, not legalisation, for which sex workers around the world are fighting. This has been corrected. Coming to you daily during COP The NS team Sign up here.
Green Times A weekly round-up of The New Statesman's climate, environment and sustainability content. Content from our partners How has stroke treatment been affected by Covid? By Stryker. How will life be different in ? Just a few examples. The most marginalised sex workers migrant sex workers, street sex workers, transgender sex workers, male sex workers, sex workers who use drugs, underage sex workers will benefit most from decriminalisation that gives full access to rights, support and services.
Sexual Assault legislation exists to enable prosecution of sexual assault and sexual exploitation of adults or children. Kidnapping legislation can be applied to protect those forced or deceptively recruited into sex work. Sex workers our sisters, brothers, mothers, fathers can feel part of the community and can access services and events more equitably. Decriminalisation makes it easier to access and educate clients of sex workers.
Safer sex equipment condom, lube, dams can be distributed, stored and carried more freely. HIV Prevention efforts become much easier.
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