Options for Fighting Sex Trafficking Under Decriminalization

Repeatedly, prohibitionists claim that their punitive approach to “end demand” for commercial sex is the only effective way to fight sex trafficking. Problem is, not only have they failed to make good on their promise, but their strategy is hopelessly flawed on many levels:

  • By failing to distinguish between consensual sex work and coercive sex trafficking, this approach harms far more people than it helps.
  • Punitive measures also drive the commercial sex industry further underground, making it harder to gather the reliable information needed to understand and deal with trafficking and other abuses.
  • The emphasis on punitive measures over providing social support deprives people from seeking or gaining the assistance they need, whether to escape coercion or transition out of sex work on their own terms.
  • So-called “awareness campaigns” give supporters of this approach a false sense of accomplishment; for example, there is little or no accountability that the proceeds from the sale of “survivor-made” merchandise actually goes to programs that assist trafficking or abuse survivors.

The response of prohibitionists to these criticisms – the few times they do respond to critics – is to insist that decriminalizing sex work would only make things worse instead of better. Thing is, this claim isn’t supported by the evidence. Five years after decriminalizing sex work in New Zealand, the government report showed reduced harms, and no evidence that decrim encouraged sex trafficking as predicted by the law’s opponents.

Of course, full decrim by itself doesn’t halt or reduce trafficking. But it does provide the framework of accountability and transparency needed to do so. That includes requiring employers to show that they are not coercing or abusing their workers, or hiring anyone underage – just as with other businesses. It means sex workers being able to organize like other workers for better working conditions, more equitable laws, and reduced social stigma.

There’s another way to combat sex trafficking which would work under the New Zealand model, one based on existing campaigns to address labor trafficking and abuses in other industries, and which would involve sex work clients in collaboration with their providers. This is a strategy of ethical consumerism.

fairtrade
The primary example is the Fair Trade movement, which provides certification for businesses in various industries – from coffee and cocoa to textiles and jewelry – that they adhere to standards regarding labor conditions and sustainable agriculture. It is then left to consumers to only purchase, or at least show a preference for, goods which are so certified, thus shifting market demand to encourage more businesses to follow suit. While the system is not perfect, it has shown a measure of success in some areas; Fair Trade consumerism was a contributing factor in improving conditions in India’s tea industry.

Legal recognition of commercial sex businesses only partially assures clients that their providers are not being coerced or abused. Specific principles and goals would need to be spelled out, just as with existing Fair Trade businesses. This small bordello in Whangarei, New Zealand, is one example of a commercial sex enterprise doing just that.

banchocolate
If we followed the all-or-nothing thinking of sex work prohibitionists, we would ban chocolate. After all, much of it is produced by child laborers under harsh conditions. Forget that there is an option that encourages better conditions. Forget that driving an industry underground, and using police resources to arrest black market merchants and their customers, has never been shown to succeed. We need to send a message!

Well, there are more effective ways of sending messages, whether you’re buying and selling chocolate, chamois shirts, or a charming time with an erotic professional. Decriminalization opens the door to those options.