The Demons of Prohibitionism

Mass movements can rise and spread without belief in a God, but never without belief in a devil. – Eric Hoffer

During the satanic ritual abuse panic of the 1980s and 1990s, it wasn’t enough to raise the alarm about isolated sociopaths using pentagrams and occult practices to control others. No, the crusaders warned of massive conspiracies, infiltrating all levels of society and government, exploiting and killing who knows how many innocents. The fact that they had no real evidence to support their claims did not deter them. After all, simplistic messages are much more effective at rallying people to your cause – and raking in the bucks.

Fast forward to the present day, and we see the same tactic being employed by those seeking to “abolish” commercial sex rather than assure greater safety. In their case, the principal “demons” are those who supposedly seduce or coerce women and youth into selling sex – the evil and abusive pimp. In the minds of prohibitionists, virtually all prostitutes are under the thumb of some pimp or other procurer who sends them off to be degraded at the hands of some desperate “john” or face hideous consequences.

But just as the conspiracy theories of the satanic panic eventually unraveled, so we’re beginning to see with the distortions of the prohibitionists. Not only is the stereotypical pimp a rarity, but in many cases where a third party helps with bookings or other aspects of the business, it’s the sex worker who is the boss.

In 2008, the John Jay College of Justice in New York City published a report on minors involved in commercial sex (click here for a copy). The results contradict many of the assumptions around sex work and survival sex, including the involvement of so-called pimps, referred to by the authors as “market facilitators”. According to this study, only ten percent of underage people who sell sex in NYC work with such a facilitator, and only eight percent reported being coerced by one. Indeed, 84 percent of female youth in the study had never even encountered a pimp.

Now, if a vast majority of runaway, throwaway and neglected teens who engage in selling sex do so without a pimp or “facilitator” around, it follows logically that adults who enter sex work are doing so in similar fashion, and in similar numbers. While many use social media and other online platforms to connect with clients, some will hire people to do web design and screen calls. These third parties may be “living on the avails of prostitution” but they hardly fit the stereotype of a controlling pimp.

Of course, it’s all too easy for prohibitionists to argue that anyone taking a percentage of a sex worker’s earning is “exploiting” them, especially at the rates that some insist upon. Setting aside the numbers for a moment, think about what’s going on. Person A is looking for clients, and Person B is offering to use their skills and time to help Person A to do so more effectively and safely. Why shouldn’t Person B receive payment for such services? Literary agents receive commissions for helping authors to get published, art dealers get a cut for selling a painting, and so forth – and we generally consider such arrangements to be acceptable business practices, so long as both parties mutually agree to the terms.

Yes, in some cases, the arrangements between sex workers and such market facilitators could be more fair. But this reality only strengthens the case to decriminalize the commercial sex industry. Let’s stop demonizing those who facilitate the affairs of sex workers and their clients, and provide all of them with greater transparency and accountability.

Surviving Fanaticism

In previous writings and conversations, I’ve referred to the current anti-prostitution movement as “zealots”, “extremist” and “fanatical”. Recent events surrounding the Women’s March on Washington only served to confirm that.

When the March organizers posted their statement, they included “solidarity with the sex workers’ movement”. Then, days before the March, it was noticed that this phrase was removed and replaced with a statement of support for “those exploited for sex and labor”. The reaction by sex workers and their allies was immediate, with emails and tweets calling on March organizers to reinstate the original wording. Within hours, the statement was revised again, this time including both phrases. While some opposed making any concession to those who conflate consensual sex work with trafficking, others were content with the final result, even pointing out that sex workers have been fighting sexual and labor exploitation for decades.

Contrast this with the reaction of prohibitionists. Alisa Bernard labeled the original solidarity statement as a sign of “patriarchal leanings”, opposed the compromise wording, and rattled off supposed statistics with no links or citations to substantiate them. An “Open Letter from Sex Trade Survivors” also condemned the inclusion of sex workers in the March, asserting “that ‘sex workers’ rights’ are synonymous with ‘pimps’ rights’ … Don’t believe us? — We couldn’t blame you. It is thoroughly incredible. — So go and ask them. The movement you’re supporting will be happy to tell you that pimps are ‘managers’ and that since they facilitate ‘sex work’ they’re ‘sex workers’ too!” Again, no citation to support their claim.

And, to clarify for those readers who are less familiar with the nuances: While sex workers do prefer the term “third-party managers” to the more pejorative “pimp”, they would only include a manager among their ranks if they had also done actual sex work (like many of the women who run escort agencies). Sex workers also acknowledge that abuse and exploitation by third parties in commercial sex does happen – which is why they support full decriminalization, to provide more accountability and transparency.

Of course, this is completely lost on the prohibitionist camp, who prefer to see things in black and white. They take the most extreme negative narrative – the helpless victim abused by a pimp to be used and discarded by a seemingly endless string of entitled johns – and refuse to accept any other perspective. It’s all bad, so it must all be abolished, and we need tougher laws and more stings and sweeps to “rescue prostituted persons” (arrest sex workers) and “hold buyers accountable” (arrest sex work clients). And when current and former sex workers present different and more complex narratives, or social science research reveals that the facts don’t fit the prohibitionists’ beliefs? Either ignore them, or accuse them of being part of a mythic “Pimp Lobby” that wants to perpetuate “the selling of women and girls into sexual slavery”.

Because I recognize the complex reality of commercial sex, I recognize that coercion and abuse do occur. Where I disagree with the prohibitionists is the numbers they put forward in their claims, and the methods they favor to address the problem. And I’m not just talking about their excessive focus on punitive law-and-order measures. I’m talking about the way that survivors of abuse and exploitation are used and discarded by the very movement that lays claim to rescuing them.

One of the worst examples is Jenny Williamson, founder and CEO of Courage Worldwide, Inc. Her “Courage House” facility in California, intended to provide housing and support to young victims of sex trafficking, shut its doors in June 2016 amid state licensing investigations and complaints from former staff that it was “an exploitative organization that cared more about promoting its cause than caring for the teen runaways it claimed to be saving.” And this isn’t the only so-called “anti-trafficking” group with problems. According to a 2015 investigative piece by Truthout on the anti-trafficking industry, “these groups have shown a remarkable lack of fiscal accountability and organizational consistency, … [they] fold, move, restructure and reappear under new names with alarming frequency, making them almost as difficult to track as their supposed foes.”

Unlike the sex worker movement, which is led by current and former sex workers themselves, the prohibitionist movement’s leadership is dominated by religious conservatives, radical academics, and wealthy benefactors. Yes, there are “survivor leaders”, but more often than not survivors serve as props for publicity and fundraising. More troubling is the extent to which people claiming to be survivors turn out to be fraudulent – Somaly Mam, Chong Kim, Samantha Azzopardi, Valerie Lempereur, a.k.a. Patricia Perquin, and who knows how many more. Given the penchant that prohibitionists have of clinging to beliefs before checking facts, is it any wonder that such problems remain a feature in their movement?

I’m not saying that survivors of abuse and trafficking should not be heard. What I am saying is that the narrative presented by people like Alisa Bernard and the signatories of the Open Letter are not the only ones out there, nor do people with similar narratives necessarily share the same beliefs or reach the same conclusions. Survivors for Decrim is an example of how supporting survivors of abuse and the rights of consensual sex workers need not be mutually exclusive.

Mandating Tests for Sex Workers Doesn’t Get a Passing Grade

[Originally posted December 20, 2016]

Often when I engage in conversations with folks about sex work and public policy, I’m asked how I feel about mandatory testing of sex workers for sexually transmitted infections (STIs). And, when I answer that I don’t support such measures, they’re frequently astonished. “I thought you said that you support harm reduction methods! So why not this? Wouldn’t requiring sex workers to be regularly tested reduce the spread of HIV and other STIs?”

No. Testing doesn’t “prevent” anything. It provides information towards that end, and only if it’s done right.

Let’s take the argument for mandatory testing to its logical extreme. Sex workers are a relatively small segment of the total number of sexually active people out there, and according to the best studies out there, contribute very little to STIs overall, and virtually none of HIV transmissions. So if we were to mandate STI testing, then it makes sense to do that for all sexually active adults and adolescents, not just sex workers. Of course, it’s reasonable to assume that a significant number of people would lie about being sexually active, in order to avoid being tested. The answer then would be to test everyone from the age of thirteen up.

This would, of course, be met with a number of objections, from cost to loss of freedom to invasions of privacy. And yet, some would still argue that, since STIs constitute an “occupational hazard” for sex workers, then mandatory testing therefore qualifies as an occupational health and safety measure.

But again, this doesn’t make sense when applied to comparable circumstances. Hospital workers, for example, are exposed to far more diseases, some of them far more dangerous, and far more often. Yet hospitals do not regularly test every employee for every disease they might have been exposed to. Instead, they find it more effective to implement preventative measures, much as full-service sex workers use condoms and other safer sex measures to reduce the risk of contracting HIV or other infections.

There’s also the question of how such measures are best mandated and enforced. More often, they are mandated as a condition of employment rather than by legal regulation; even when laws or government regulations are put in place, it is usually left to employers to maintain and enforce, with government agencies making spot checks or responding to employee complaints. Also, the most effective systems are when lawmakers institute a general mandate to assure health and safety, while leaving specifics to another body which may adapt more quickly to changes in evidence as to the best means of assuring this.

An example of which I’m personally aware is cardiopulmonary resuscitation (CPR). I’ve been trained and recertified many times over the years, and have noticed how the protocols change as new evidence comes in, most significantly the use of an automated external defibrillator (AED). While there are laws determining who may train and certify people, those laws do not specify the protocols for performing CPR; instead, the groups that train and certify pay attention to new scientific data, and update protocols accordingly.

Compare that system to how Nevada mandates STI testing for sex workers in their legal brothels. The Centers for Disease Control and Prevention recommend that people with multiple sexual partners should be screened every three to six months, based on the best available medical studies; more frequent tests do not produce more reliable results. Nevada’s legal requirements, relatively unchanged since 1937, are that women working in brothels are required to have weekly medical exams, and at their own expense. With consistent condom usage, and STI rates reported at zero, where is the sense in having sex workers required to be tested at thirteen times the rate recommended by public health officials?

There is no good reason to impose such a requirement on sex workers when other people in similar circumstances are not similarly required. To impose such a burden is nothing more than discrimination, rooted in stigma and unnecessarily perpetuating it. Sex workers have long known how to minimize these risks, as proven by empirical studies. They need neither bureaucrats nor moralists to require anything further. If anything, the rest of us would benefit from listening to their collective experience.

The Question Anti-Prostitution Zealots Refuse to Answer

[Originally posted December 12, 2016]

Like any well-organized endeavor, the movement seeking to do away with commercial sex has worked hard to come up with responses to various questions. When asked about people who say they do sex work willingly and happily, they will either accuse them of being brainwashed or dismiss them as “not representative”. When called to account for distorting or fabricating evidence, they insist there’s a “greater truth” that needs to be heard.

But there’s one question I’ve never heard any prohibitionist address, even when they’ve been asked directly: What about the repeated abuse of sex workers by police?

As much as these so-called “abolitionists” keep trying to pin the blame on clients and people inside the industry, sex workers will tell you that they have more to fear from law enforcement – not just being arrested, but systematic harassment, assault, and exploitation. Elizabeth Nolan Brown of Reason magazine published a summary of almost forty cases of police sexual misconduct in the course of 2014 and 2015. Brown’s report is just the tip of the iceberg. There’s also this Associated Press analysis that almost one thousand law enforcement officers nationwide lost their badges over a five-year period over sexual misconduct, with one-third of those involving people under eighteen. From Oakland to Baltimore, various public and private sources confirm what sex workers have been saying for years about cops robbing, raping and even pimping them out. And it’s not just in the United States. This report from Great Britain shows that police in England and Wales have been sexually assaulting prostitutes and other vulnerable women there as well.

Police in Sweden and Norway – so admired by prohibitionists for their efforts to “crush the sex trade” by “ending demand” – have chosen a different tactic. They bully the sex workers’ landlords, threatening to arrest them for pimping or brothel-keeping, unless they evict the women. Amnesty International’s report shared this particularly disturbing story from Mercy, a Nigerian-born sex worker living and working in Oslo:

A little guy came to the house with a knife. I answered the door. There were nine of us in the house. He threatened us with a knife and robbed our money and phones… He forced us to have sex with him. The police took two or three hours to come. They took us all to hospital and got us a hotel for two nights. Later, we went back to the house and, two days later, the landlord threw us out … The police put pressure on the landlord. She gave us half a day to get out … I had to wander around Oslo for hours with my bags until I found somewhere to stay.

It’s not just that prohibitionists fail to check their facts. They are failing to check their privilege. White and affluent Americans tend to view police as public servants dedicated to keeping their communities safe, with abuses dismissed as individual aberrations. But among marginalized communities, police are seen as an occupying army sent to impose social control, not just with guns and handcuffs, but a variety of weapons and tools, both legal and extra-legal. Now, take a look at the list of major prohibitionist leaders – overwhelmingly white and wealthy. Privilege lays the foundation for denial, and the interdependence of the movement with law enforcement continue to pile upon it.

History, however, shows that such piles of denial inevitably collapse. That happened almost a century ago, when the American experiment with banning alcohol was abandoned as a failure. Despite repeated claims by advocates that it would lead to significant reductions in crime, the Prohibition Era actually saw criminal activity increase – including rampant bribery and corruption of police and public officials. The temperance movement, now dwindled to irrelevance, has paid the price for their denial. And I have no doubt that this prohibitionist movement will encounter the same fate as more people become aware of the facts.

SWERFs and Other True Believers

[Originally posted July 14, 2016]

Benjamin L. Corey commented in a recent post how the growing movement against human trafficking had morphed into an “anti-sex-industry” movement. My own observation is that it has become hijacked by a longstanding “sexual purity” movement, with roots going to Anthony Comstock and the more conservative elements of first-wave feminism. And like any mass movement, as Eric Hoffer observed, its members are willing to sacrifice critical thought in the name of a holy cause.

This movement’s basic approach follows that of the religious revivalists from which it originally emerged. First, there is the diagnosis of some great world-disease preventing all of us from achieving some beatific or utopian state. From this, we deduce its presence in each person in the form of an individual infection, requiring radical treatment and cure. But it doesn’t stop there, for now the convalescing individual must be recruited into expansion of the cure, continuing the cycle until the world itself is rid of the disease. This was also the logic behind the temperance movement, which diagnosed alcohol as the world-disease and prohibition as its ultimate cure.

The contemporary “purity” movement is sustained by conservative evangelical Christians and sex-worker-excluding radical feminists (SWERFs), both of whom exhibit their own variations on this foundational template. The evangelical will see Satan, sin, salvation and evangelism as the pillars of their mission; the SWERF will point to patriarchy, false consciousness, politicization and action; but both essentially crave the same goals, use similar techniques, and see symptoms of sickness in various forms of sexual nonconformity.

This purity movement also exhibits three paradoxical approaches to achieve its goals. Its leaders present moral absolutes, yet are willing to resort to intellectual dishonesty by twisting the facts to suit their purposes. Both religionist and SWERFs often denigrate science and reason as antithetical to their views, while also attempting to present elements of their message in the guise of science and reason. Lastly, their desire to impose a radical cure, such as eradicating prostitution, leads to methods that cause even greater harm than the supposed sickness, in this case robbing women of both agency and self-sufficiency.

As Hoffer observed, it is no surprise that such “true believers” come mainly from privileged backgrounds. While the poor and marginalized struggle to survive, the privileged struggle with boredom and lack of purpose. The current anti-prostitution movement has given many well-to-do white women the promise of helping others by eradicating what they perceive as a great evil. But that promise is an overly simplistic emotional appeal that ignores evidence and complex realities, and rejects practical means for reducing harm and respecting women’s choices. It is indeed not only paternalistic, but anti-feminist, precisely because it leads privileged women to “other” marginalized ones. It is a faulty diagnosis, and a reckless course of treatment.

I would contend that the real disease to which we should devote our energies is the pervasive inequity made manifest in our economic, political, social, cultural and erotic realities. Instead of depriving sex workers of both income and safety, let’s give them the space to unleash their power and help transform the world. Liberation is not to be imposed, nor is it achieved by ignoring the voices and experiences of those who seek it. Often the best way for the privileged to aid in the liberation of others is to get out of their way and let them take the lead. That, I believe, is the case here.

The Case for Decriminalizing Pimping

[Originally posted July 7, 2016]

Recently, the UK Parliament’s Home Affairs Select Committee issued a recommendation to decriminalize certain aspects of prostitution. While some sex worker rights organizations and activists hailed the move, others have expressed caution. Too often, those who have advocated the so-called “Swedish Model” claim that it “decriminalizes sex workers” while supposedly tackling “exploitation”; in reality, this regime is best described as asymmetrical criminalization, with its real-world results being disastrous for the very people supposedly being “helped” by this approach. Is it any wonder that Norway’s government actually stated in a report that the hardships meted upon sex workers in that country was considered a sign of success?

It thus bears repeating that what the vast majority of sex workers want is full decriminalization of their work, including their relationships with third parties. In response, those who wish to keep or expand criminal prohibitions drag out the tired trope of the “abusive pimp” – now labeled a “sex trafficker” – using manipulation and coercion to “lure” and “enslave” young girls into the trade. Even so-called moderates who support half-way measures for making prostitution legal wind up swallowing this blue pill; yes, they say, let people sell sex if they want, but let’s keep the ban on those evil pimps.

There are two major problems with this, rooted in the dichotomous definitions given to the word pimp. The first is that the best research actually shows that the villainous stereotype is such an anomaly that some sex workers consider it a myth. A goodly percentage of escorts are “independents” who operate as sole proprietors; in fact, many of these independent escorts are employers themselves, retaining the assistance of others for everything from website design to office administration to transportation and security.

This leads into the second problem with regard to anti-pimping laws. While the public has been given a narrow and loaded stereotypical definition, the law defines the act more broadly as deriving financial benefit from the prostitution of another. As a result, those employed by independent escorts are deemed to be “exploiting” them, simply because of the way the law is worded. Indeed, this overly sweeping definition may also be applied to anyone who receives any significant funds from sex workers, from those who rent or sublet apartments, to their children or other relatives. If we really wanted to take this to the extreme, we could consider any and all transactions done with “the profits of prostitution” to make just about everyone a pimp – newsstands, coffee shops, dry cleaners, even the neighbor holding a yard sale.

I’m sure those seeking a comfortable middle ground would advocate for a “reformed” anti-pimping law, where the focus is on abuse rather than mere financial gain. This raises the question of what constitutes abuse, and why new laws need to be created when current laws already address such problems. Using violence? We have laws against assault and battery. Taking money from someone who works for you? Laws against theft, and labor protection laws, also provide for that. Turf wars between pimps? Assuming this part of the myth is also true, that would fall under existing racketeering and anti-trust laws. Et cetera, et cetera. If the existence of these laws proves anything, it is that just about every business has some history of exploitative outliers. If the sex industry has more than its fair share, it seems more because of the stigma and lack of transparency which comes from continued criminalization.

Like any group of service providers, prostitutes don’t always work in isolation, even when they do so as sole proprietors. They depend upon various support services, as well as supporting both biological and chosen family members. Decriminalizing sex workers while criminalizing those connected to them in this way is just as asymmetrically unworkable as the criminalization of their clientele. And before we attach the stigmatized label of “pimp” to those so connected, let’s remember how deep those connections may run – even to ourselves.

Putting Away a Childish Argument against Sex Work

[Originally posted May 2, 2016]

I have a friend who is doing a kind of work that, as a young girl, she never thought she’d be doing. She started, albeit grudgingly, because she considered it her least-worst option. Over time, she began to see benefits to doing this work, such as flexible hours and the ability to choose her clientele. As a result, it has become a major source of income, and even with its down sides, she considers it a good job.

No little girl dreams of doing medical coding and billing.

I bring up this story because, if you replace the job description above with “prostitution”, then you have one of the most specious arguments for continuing to criminalize and stigmatize sex work. It is an example of the moral solipsism of so-called “abolitionists”: since they view the selling of sexual services with displeasure or disgust, then they project that every woman must share that view, and certainly our innocent children. To them, a youngster’s hopes for the future are somehow equal to an adult’s real-life attempts to find a job that pays the bills.

There are many reasons why children imagine themselves in certain jobs and not others. Ballerinas and movie stars appear more glamorous than cashiers and telephone operators. Likewise, firefighters and police seem more heroic and respected than garbage collectors and street sweepers. Other jobs are simply unseen and thus unknown by younger folks – warehouse stockers, sewer workers, call center managers, and so forth.

There’s also a reason why young people begin to change their minds about what jobs they want to do. They may become aware of the risks that come with the job, and determine that they are not worth assuming. Ballet dancers, for example, require years of rigorous training and practice, often leading to multiple injuries, all in a highly competitive environment. A cashier, on the other hand, is able to start with simple training, with opportunities for advancing to management and above. Also, young people learn that, in order to make money and gain experience in the work force, they need to start by working in jobs they wouldn’t otherwise choose.

The pressures of parents, peers, and society not only affect people’s job choices, but also the attitudes they assume about themselves. We lift up doctors, lawyers, actors, professional athletes, and that sense of prestige is reflected in their pay. We look down on minimum-wage workers, often seeing them as interchangeable as machine parts, even useless, while still relying on their labor whenever we order a hamburger or buy new clothes. This doesn’t always correspond, of course – look how we speak of the noble calling of teachers, while paying them so little – but how we look at different jobs often becomes a mirror for those who hold them.

The argument of “abolitionists” is that sex work does not qualify as work. If, as Barbara Ehrenreich says, “work is what we do for others”, and transactional sex involves providing pleasure and companionship to others, then their proposition makes no sense. They might retort that sex shouldn’t be work, because it “ought to” involve caring and intimacy, but this in turn ignores the caring and intimate work of nurses, nannies, and other professional caretakers, as well as the actual interactions between many sex workers and their clients.

What bothers me most when I hear or read that “no little girl dreams of becoming a prostitute” is how it perpetuates archaic gender attitudes. We assume that boys must grow into men, and endure the rough and dirty path in that direction – but girls must somehow remain virginal and pure, even if we must paternalize and infantilize them well past puberty.

Women and men make choices that they would not have considered as girls and boys. Their reasons are likewise as varied and nuanced as adulthood itself. Our approval is not the issue; assuring their safety, and affirming their humanity, is what matters.

The Self-Perpetuation of “End-Demand” Fantasies

[Originally posted April 7, 2016]

France has now joined the list of countries who have adopted the so-called “End-Demand” approach in opposing prostitution, by criminalizing the clients of sex workers in the vain hope that the steady drop in demand will lead to the eventual eradication of “white slavery”. Forget that Sweden, which first adopted this approach in 1999, has seen no measurable drop in either supply or demand. Forget that this may only be enforced with highly intrusive surveillance and harassment of sex workers and clients alike. Forget that this whole thing is being propagated by extremist ideologues who concoct spurious research based on their lurid fantasies instead of actual empirical data.

Let’s imagine a large island nation, governed as a federation of five states. A plant grows there — we’ll call it “Gudstoff” — which, when its fruit is consumed, produces a moderate and temporary state of euphoria and relaxation. Some citizens are overly concerned about this plant, and spread myths about it being addictive and causing psychotic breaks. Legitimate scientists see no harm in moderate consumption, and perhaps even some benefits. But, like all politicians, the leaders in all the regions decide that the sale, purchase, possession and consumption of Gudstoff will be misdemeanors punished by fines.

Eventually, a split develops between the political parties. One is led or influenced by anti-Gudstoff ideologues, who push for these offenses to be upgraded to felonies, coupled with eradication procedures. The other, after paying attention to empirical research, favors legalizing Gudstoff and deriving tax revenue, paired with education to address potential abuses. Three of the regions are won by the “anti” party, who institute their strict measures, while the other two become “legal” states.

Anyone with a basic understanding of economics would see that, as the supply of Gudstoff becomes less accessible in the “anti” states, those demanding Gudstoff will simply travel over the border to obtain it in the “legal” states. Result: a seeming increase in demand within the “legal” states, which is met with howls of “we told you so” by those who think Gudstoff is poison. Now I deliberately said “a seeming increase” because, in fact, it is merely a shift in where demand is met, based on local efforts to restrict commerce. The overall demand in the entire island has not changed. But, that doesn’t matter to the “antis”; they see Gudstoff sales spike in the “legal” states, and they are quick to blame legalization.

This is exactly what we have seen in Europe when Sweden and Norway cracked down on sex workers and their clients (and make no mistake, they are targeting sex workers), and with France now making the same mistake, we should see that trend continue as more French and Scandinavian sex work clients travel to “legal” states like Germany and the Netherlands. And if the militant “antis” get their way, and they convince more countries to adopt this approach? Making it harder to buy or sell something doesn’t make it go away; it only leads to changes in strategy.

It’s time that those concerned with the harms connected to prostitution to change their strategies, before they cause even more harms. These harms, if not directly linked to criminalization in any form, are exacerbated by them. This has been noted by a wide range of groups that embrace decriminalization, from the sex worker rights movement to the World Health Organization and the Global Alliance Against Traffic in Women. Decriminalization is not a complete solution in itself, but it opens the doors for real solutions to happen. And if we want real solutions, it’s time we listened to both the empirical evidence and the experience of sex workers themselves – not misguided prohibitionists.

Keeping Sex Workers Safe: An Alternative to the Swedish Model

[Originally posted March 2, 2016]

Currently, a parliamentary committee in the United Kingdom is conducting hearings on a proposal to implement the “Swedish model” of prostitution law – one where it is legal to sell sexual services, but illegal to buy them. The English Collective of Prostitutes, along with other sex worker rights activists and supporters, have decried this approach actually making things worse for sex workers, especially the most vulnerable who work on the street.

It certainly doesn’t help that other punitive and badly worded laws would be left in place. The law against “pimping” would make anyone paid by a sex worker – web designers, accountants, drivers – a criminal for deriving financial gain from the prostitution of another. And two or more sex workers become criminals for sharing a flat, even for mutual protection, because of how the UK’s law against brothel-keeping is written. Is it any wonder that the ECP and their allies favor the New Zealand model of full decriminalization, which has already produced measurable results in terms of the relationship between sex workers and police?

I don’t expect David Cameron’s government to embrace decriminalization any time soon, especially when it seems the leaders of the “all-party committee” appear to have already made up their minds. Many believe that outlawing clients will somehow protect prostitutes from violence and abuse, just as outlawing brothels and third-party agents was intended to do. Intention is one thing, but hard fact and common sense shows that driving sex work underground only makes it more dangerous by depriving sex workers of the tools they need to protect themselves. The fatal flaw in this proposal is the assumption that every client is abusive, and that every transaction in sex work is exploitative. It’s no surprise that the most fervent supporters of the Swedish model have refused to listen to sex workers themselves, unlike the government of New Zealand, who included sex worker organizations in their consultations.

There is, however, an alternative to outlawing the clients of sex workers, one that could be implemented under the current system of laws, and which would empower sex workers instead of denying their agency. Many escorts and escort agencies screen potential clients, even developing and sharing resources to do so. Imagine if all sex workers had access to a database – created and maintained jointly by police, sex worker organizations, and other relevant agencies – allowing for quicker and more complete background checks of potential clients. Those with a history of abusive or violent behavior could be weeded out, and sex workers would still retain the right to determine whether they wanted to provide their services to the individual in question. Even street prostitutes would be able to access such a database through an app on their cell phones, and different groups and agencies could provide it free of charge.

This is by no means a perfect solution, but I feel it would be a far more effective one than outlawing all clients, regardless of whether they’re respectful regulars or abusive asses. It’s in line with proposals made by many European sex workers in the 80’s and 90’s (yes, I’ve been studying sex work issues for that long) and there are similar precedents in other commercial activities. Most important, it gives power back to the service providers themselves – and that would seem to me a much more feminist approach than paternalistic overreach.