Two New York and one Oregon petition (The Sex Workers Rights Campaign) are still on the table in the fight to decriminalize sex work. In November of last year, YNOT reported on the NY bills proposed to protect the vulnerable who make their living in the trade. Though both seek to put an end to harassment, incarceration, and violence by pimps, clients and police, their approaches are vastly different.
The first is the “Stop Violence in The Sex Trades Act” which promotes full legalization of the sex trade. The second – “The Sex Trade Survivors Justice and Equality Act” – which was adapted from the Nordic Model – would decriminalize sex workers but maintain laws that prosecute pimps and clients that partake in services. Both bills were born out of a desire to help sex workers advocate for themselves so they can organize for better labor protections and speak out against crimes committed toward them. Because of the current system, many sit in silence for fear of prosecution. But the debate between the two laws continues in the New York State legislature with neither being passed.
The Stop Violence bill is supported by the ACLU and groups like the Democratic Socialists of America, while The Sex Trade Survivors Act, has sex trafficking survivor groups and prosecutors behind it.
Mariah Grant, the research and advocacy director of the Sex Workers Project, told The Guardian why she supported complete decriminalization: “You aren’t going to arrest your way out of this problem. What we need is money that is being wrongfully diverted towards trafficking cases – that, in fact, are not actually trafficking, but people who are adults consenting to work in the sex trades – to be instead moved towards social services.”
The Guardian itself seems to lean toward The Sex Trade Survivors Act. Though there are positive points to completely decriminalizing the trade, they suggested it “may make sex workers less safe, not more.” They said that opponents are concerned that loopholes are created which allow for sex trafficking. To back it up, they quoted a study from 2013 that reported trafficking went up when sex work was decriminalized in Germany.
What’s interesting about this viewpoint is they’re claiming the law hurt sex workers because prostitution went up. However, legalization was meant to allow sex workers to be free of persecution by the law not end prostitution. Further, how do they know which part of this population were consenting adults and which were trafficked? And how does criminalizing the pimps and clients as The Sex Trade Act seeks to do, help those in the industry earn a living? Prostitution is often referred to as “the oldest profession” for a reason; no law is going to stop it. Therefore, the goal of any sex worker bill should be to make it as safe as possible to work — not to end their livelihood.
Meanwhile, Oregon had issues with their Sex Worker’s Campaign and were forced to withdraw their petition in late January and refile to make “minor technical, legal changes.” The measure to decriminalize sex work may appear on the ballot there in November and the deadline for supporters to submit signatures is July 8, 2022.
Though there’s a lot of debate surrounding all these propositions, it’s still progress. Decades ago, no one would be even discussing the rights of sex workers. The fact that these discussions are happening at all is incredible. Here’s hoping that whatever bill is passed (if they’re passed) offers positive and lasting change for sex workers, whichever legal model the states choose to adopt.
Image by Werner Pfennig from Pexels.
