The Social Contexts of Sweden’s Sex-Purchase Ban

Ever since Sweden passed its “sex-purchase ban” in 1999, those seeking to eliminate commercial sex have been trying to duplicate its supposed success in other countries. What these prohibitionists fail to understand is the cultural, political and historical contexts in which this legal scheme emerged.

Scandinavian societies – Norway, Denmark and Sweden – are known for their peaceful and egalitarian cultures, and their comprehensive social programs. What most outsiders may not recognize is that they are relatively more conformist than other Western societies. Dano-Norwegian author Aksel Sandermose coined the term “Jante Law” (Janteloven in Danish and Norwegian, Jantelögen in Swedish) to refer to the traditional communitarian attitudes against excessive individual pride, if not individualism in general. The name derived from the fictional town of Jante, where its elder citizens enforced through various means the admonition: “You are not to think you’re anyone special, or that you’re better than us.”

In Sweden, this principle was combined with the Social Democratic Party’s concept of folkhemmet – “people’s home” – where the society is to be modelled on the family unit, with every member contributing to the prosperity of the whole. This vision emerged at a time when Social Democratic ideology was being revised to a more corporatist model of class collaboration, with the state serving as arbiters between labor and capital, thus encouraging a more stable and cohesive society. In their zeal to create such a society, they not only strove to level the playing field between the classes, but to improve society through a number of “social engineering” programs, including some eugenics policies starting in the 1930s. [See Introduction in “Criminalising the Purchase of Sex: Lessons from Sweden” by Jay Levy (Routledge Press)]

Many critics of the sex-purchase ban have referred to it as “a failed experiment in social engineering”, but its roots precede the advent of the Social Democrats’ folkhemmet ideology. In 1724, Swedish law required that unmarried women officially certify that they had a “legitimate” source of income, or face arrest and imprisonment in a workhouse to prevent them “indecently” earning a living. Even women who did have a legal profession were not exempt from state scrutiny and control; police often raided pubs and coffee houses owned and operated by women, on the pretext that they might be fronts for prostitution, and compel waitresses to undergo medical examinations for sexually transmitted diseases. The early 20th century saw prostitutes pathologized, arrested for “vagrancy”, and even subjected to forced sterilization under Sweden’s eugenics policies. While the Sexual Revolution of the 1960s saw traditional mores questioned, the old “vagrancy” law was replaced by a law against “antisocial behavior”, until it was challenged in court. Throughout this period, Swedish feminists attempted to stress a focus on demand, but failed to overcome the prevailing stigma against commercial sex. Indeed, the negative attitude towards “social deviance” in Sweden is not confined to sex workers; people who use drugs face persecution under “zero-tolerance” policies, and HIV-positive people risk summary confinement if they fail to report their status to sexual partners.

By the 1990s, Swedish law did not outlaw either the purchase or sale of sex, but did prohibit various related activities (pimping, pandering, brothel-keeping) as well as allowing immediate deportation of any immigrant found to be engaging in prostitution. It was during that time that various political groups, including the Social Democrats, became increasingly concerned with the influx of immigrants from Eastern Europe, Africa and East Asia, many of them women engaging in commercial sex. While some politicians considered total criminalization as the answer, radical feminists proposed through the Social Democrats and other left-wing parties that only the purchase be banned, constructing the argument that prostitution was “violence against women” and that those who engaged in selling sex were to be considered victims. Unfortunately, this model did not take into account the longstanding stigmatization of prostitutes as social deviants, thus resulting in further victimization of sex workers by police, social workers, and other government agencies.

While Sweden tries to present its sex-purchase ban as a progressive innovation, it is in fact the latest in a long line of efforts to suppress sex workers based on rigid social attitudes against nonconformity, a political tradition of paternalistic social engineering, and radical feminist ideological constructs being appropriated during a period of heightened anxiety around increased immigration and Swedish identity in a changing Europe. While terminology and demographic factors may change, one constant remains in all of these futile attempts to deal with prostitution: Sex workers themselves have never been allowed a voice in the political process in which these decisions are made about them. This is in stark contrast to the situation in New South Wales and New Zealand, where sex worker organizations were important stakeholders in developing laws and policies that improved the lives of their constituents. Whether and when Sweden will learn from these examples – and their own repeated failures – remains to be seen.


I’m indebted to Dr. Jay Levy, who conducted extensive fieldwork and research on the impact of Sweden’s sex-purchase law and related policies; click here for his webpage, with links to his books and articles for more information.

Selling a Bill of Goods, Swedish Style

During my college days, one of the many issues which I actively supported was sanctions against the apartheid regime in South Africa. I remember seeing a video of Desmond Tutu speaking to an audience, and fielding a question about whether he endorsed sanctions. He pointed out that, if he openly did so, the regime could send him to prison.

“Which shows you,” he then quipped, “how much they don’t like the very idea of sanctions!” The crowd of supporters broke into applause and laughter.

Along with such negative sanctions, South Africa also engaged in a continuous public relations campaign to “sell” apartheid to the rest of the world, especially the United States. From exploiting fears of Communism, to printing attractive spreads and write-ups, the regime spent up to $100 million a year on burnishing its image and influencing policy, even targeting African-Americans to convince them to oppose sanctions.

Now Sweden is doing the same thing in an effort to promote its sex-purchase ban, using exaggerated and unsubstantiated claims to convince other nations to follow its lead. Both the Swedish Institute and the country’s diplomatic corps have used publications and personal appeals to evangelize their policies – yet hiding its uglier elements, such as ongoing police harassment. In an ironic twist, they invited members of South Africa’s parliament – currently considering changes in their prostitution laws – to visit Sweden and see how “successful” the ban has been. (If they do, I hope they will take the time to contact the Rose Alliance, and and see what sex workers themselves say about the reality in that country.) Norway has apparently joined the act, too. In 2012, the Norwegian Foreign Ministry shelled out $1 million to Hunt Alternatives, the parent organization for Demand Abolition. It’s possible that other prohibitionist groups have also received funds from Sweden and Norway, but given the problems of transparency and accountability with so many of these organizations, specific figures are hard to come by.

Wanting to promote a course of action is one thing. Distorting the facts, and ignoring the harm that such action creates, is quite another. That also goes for those groups who may have accepted money from other countries, and failed to be forthcoming about it.

Kay Khan’s Crazy Contrivance Against Commercial Sex

Some weeks ago, I posted about the prohibitionists’ misleading re-branding of the “Swedish model” of criminalizing the purchase of sex, but not its sale, as “partial decriminalization”. Apparently, Massachusetts state representative Kay Khan has gone into outright deception. Her proposed bill, H. 3499, is being called An Act Decriminalizing Prostitution – and it does no such thing.

First of all, Khan would have the law relabel “prostitution” as “commercial sexual exploitation”. Indeed, the definition is worded so that providing sex and receiving any material gain might be construed as such. So if your date buys you dinner, and you later consent to have sex, your date just might be arrested for “commercial sexual exploitation”.

Second, while providing sex for money is no longer a crime in itself, the following clause would give one pause to offer to do so:

Whoever commits offensive and disorderly acts or language, accosts or annoy another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

Third, Khan’s proposal makes it clear that paying for sex, or even offering or agreeing to pay for sex, would remain a crime, with a fine of up to $10,000, a prison sentence of up to two and a half years, or both.

Fourth, the classic provisions against being a pimp (defined as someone who “live[s] or derive[s] support or maintenance, in whole or in part, from the earnings or proceeds of [another person’s] prostitution,”), running a brothel (called a “house of ill fame”), and procuring are still retained.

This is no more “decriminalization” than using lean beef in a bacon double cheeseburger makes it “low-calorie”.

The author of this bill is clearly subscribing to the dogma that “all prostituted women are victims” who should be instantly infantilized, while anyone who even offers to pay a sex worker is automatically engaging in exploitation. Not being a mind-reader, I’m unable to discern whether Khan has proposed this out of misinformed naïveté or shared zealotry, but given her past associations with Swanee Hunt of Demand Abolition, its origins seem all too obvious.

It’s also obvious that Khan never considered any scenario where a person willingly enters sex work, whether in an existing business or as a sole proprietor. Indeed, perhaps the largest segment of sex workers are independent escorts, both incall and outcall. Khan’s proposal may be presented as a weapon against sex trafficking, but like similar laws in other countries, it’s more likely to cause collateral damage – much like throwing a hand grenade into a crowd to get a single suspected terrorist.

Consider, then, the following … A woman chooses, without compulsion, to be an incall escort. She has a disabled sibling living with her, who occasionally helps by doing online background checks of prospective clients. One of those individuals asks for an intense BDSM session, which she politely declines, then refers him to another willing provider in the area. Note that there is no force or fraud, no harm, and in the specific case described, no actual exchange of sexual activity for money.

But it is all still criminalized, despite the contrivances of Khan and Hunt. The prospective client’s mere inquiry is considered an illegal attempt to exchange sex for money. The disabled relative is considered not just a mere accomplice but a pimp. And, to top off this looney logic, the escort is guilty of pandering and running a “house of ill fame” while simultaneously being labeled a “commercial sexual exploitation victim” of the gentleman whom she declined.

If Khan still believes that the “Swedish model” relieves sex workers of being burdened by police, she needs to read these excerpts from the memoirs of Simon Häggström, head of the Stockholm Police Prostitution Unit. This is not decriminalization by any reasonable measure – it is an attempt to re-brand a failed attempt at repressive social engineering that has caused harm to thousands of sex workers and those associated with them.

“Signs” of Trafficking to Make You Wonder

Last weekend, I flew out of town to attend a conference where the annual meeting of the National Coalition for Sexual Freedom was being held, having been invited to co-present on sex workers’ rights for the Coalition’s leaders. I took just a small backpack crammed with clothes, papers, and other items. The room was paid for by another NCSF activist, who was staying in a suite with their partner. As is my usual practice, I kept the “Do Not Disturb” sign on the entire time, as well as leaving the TV on, because I’m one of these folks who is more comfortable with an unmade bed than having others go through my things.

Believe it or not, I might have been tagged by a hotel employee as a possible sex trafficker.

“Huh!? What did you do wrong?” Well, according to a checklist provided to hotel employees by the Department of Homeland Security, I displayed at least three “general indicators” of human trafficking:

  • Few or no personal items when checking in.
  • The same person reserving multiple rooms.
  • “Do Not Disturb” sign used constantly.

Oh, and the fellow activist who paid for my hotel room? They hosted get-togethers in their suite throughout the weekend, inviting conference attendees to learn more about NCSF – another red flag: “Constant flow of men into a room at all hours.”

Now, to be fair, these are just four out of some four dozen indicators, some of which are clear warning signs of coercion or abuse. But the four I mentioned, and several more, are so vague or subjective that, when read out of context, could lead to invasions of privacy and false accusations.

Here are some others:

  • Individuals avoid eye contact and interaction with others – Whoever came up with this probably never knew that this is not uncommon for people on the autism spectrum, or who rank high on the introversion scale.
  • Individuals appear to be with a significantly older “boyfriend” or in the company of older males – How old is “significantly older”? Does this mean May-December relationships are now automatically suspect? What about a young woman accompanied by an older relative?
  • Evidence of pornography – Uh huh. Remember, we’re talking hotels here. Many of which have adult pay-per-view. Some have newsstands that sell Hustler and Penthouse. Or maybe the government has bought into the idea that nude photos in a magazine is some sort of “gateway drug” …
  • Extended stay with few or no personal possessions – Because airlines never lose people’s luggage. Right?
  • Provocative clothing and shoes – Excuse me, but has anyone noticed the trend in many high schools to declare virtually any female student’s attire short of a prairie dress as “provocative”?
  • Excessive amounts of sex paraphernalia in rooms (condoms, lubricant, lotion, etc.) – Okay, I’m sure some readers are wondering why I put this here. Set aside the vagueness of “excessive” for a moment. This particular “indicator” gives no mention of context. My recent trip was an example. The conference in question was for members of the BDSM community. So, yes, folks are going to bring all sorts of erotic accoutrements (and that’s not even touching on the various merchants and sex educators setting up booths there). And given that BDSM, swinger and polyamory conferences try to be discreet, just imagine a hotel worker not being informed of their presence and seeing a room filled with … get the picture?
  • Room paid for with cash or pre-loaded credit card – Because people with credit problems who are thus unable to get “real” credit cards never need to stay at a hotel, hm?
  • Minor taking on adult roles or behaving older than actual age (paying bills, requesting services) – Seems like a legit concern, right? Well, have you ever encountered a family where the parents are recent immigrants, and the kids have a higher proficiency in English? I have. The kids not only translate for their parents, they learn out of necessity how to deal with all sorts of situations, including how to handle money.
  • Room rented has fewer beds than patrons – Because college kids don’t trying to save money by cramming four people into a room with two beds. Or a family displaced by fire, or eviction. Yeah, those never happen.
  • Car in parking lot regularly parked backward, so the license plate is not visible – Yeah, absolutely no one has a car with a front license plate. And except for evil traffickers, everyone parks front first, right?
  • Patron claims to be an adult although appearance suggests he/she is a minor – Ask anyone who works at a bar if they’ve had to card an adult who looked younger than they are. Yup, it happens. Happened to me when I was thirty-five. And about half a dozen other people I know.

This is not to say that people who engage in trafficking and other nefarious activities don’t do these things. They do – and so do lots of other people. If a survey showed that a majority of traffickers spoke two or more languages, it doesn’t mean that being able to speak another language indicates that someone is a trafficker. It’s also typical of anti-trafficking rhetoric that these assumptions are rooted in biases about gender, race, class, and immigration status. Imagine a hotel employee, with superficial “trafficking awareness” training, reporting a guest – perhaps even you – on the basis of such hasty generalizations.

Human rights abuses should not be fought by the abuse of other rights. If we are to bring criminals to justice, or help victims find relief, then let’s make sure we are well-prepared to do it right, rather than run roughshod over innocent people.

Hollywood and the Prohibitionists

It’s not just that prohibitionists love having celebrities on their side. It’s not just that they keep accusing supporters of sex worker rights of “falling for the fantasy” of Pretty Woman. Prohibitionists are in love with Hollywood because, like the film industry, they prefer to package things in eye-catching tropes that doesn’t strain the brain.


Two films highlight the obsession with sex trafficking. The most recent is Eden, released in 2012 with Beau Bridges as a corrupt lawman in charge of a ring who kidnap underage girls and turn them into sex slaves for profit. Said to be “inspired” by the stories of Chong Kim – who claimed to be a survivor of trafficking, and was later found to be a fraud – the movie is filled with lurid and shocking imagery, from warehoused girls in undies to outright torture. The film’s narrative goes even more overboard than Kim’s own confabulations (which had also grown more sensational over time).

The “sex slave” trope was also used in the 1972 film Prime Cut, starring Lee Marvin as a mob enforcer sent by his boss to collect a debt from another boss (Gene Hackman) and rescuing one of several girls (Sissy Spacek) who are drugged and kept naked in cattle stalls for auction. Seeing it after Eden, one has to wonder if Prime Cut was even more of an inspiration than Chong Kim’s tales.


Prohibitionists also fixate on street prostitution and the pimps who supposedly seduce runaway teens into the trade – the central theme to the 1985 movie Streetwalkin’ with Melissa Leo as Cookie and Dale Midkiff as her abusive pimp/boyfriend Duke. This film is so laughable in its cheesy portrayals, I almost imagine Melissa Farley or Donna Hughes “consulting” on the set.


Perhaps the most iconic image of prostitution would be that of Iris in Taxi Driver, played by Jodie Foster opposite Robert De Niro’s Travis Bickle. Iris becomes a fixture of fascination and pity for Bickle, who later goes to the brothel where Iris works and unleashes his violent rage against the pimp and other nefarious fellows. Forget that, throughout the film, we’ve been witness to Bickle’s disturbing descent. Forget that his attack came after a failed attempt to assassinate a Presidential candidate. Bickle took down the bad guys, and helped Iris get back home, so now he’s a hero – a fantasy that now feeds the contemporary “anti-trafficking” movement.

Hollywood is fueled by fantasy. Even when it draws from real life, the writers and directors and actors tend to distill it into a more sensational – and saleable – version. The problem, however, is not with Hollywood’s selling of fantasy. It is when certain viewers are unable to distinguish the fantasy from fact, and even present fantasy as fact. Unfortunately, that is what many prohibitionists are doing, such as when two Seattle organizations held a screening of Eden in May 2013, followed by a panel of “anti-trafficking experts” leading a discussion. When a movement uses a fictional film based on fraudulent claims as though it were a documentary, you have to wonder just how credible they are.


Of course, this doesn’t mean every film about prostitution is unreal. Lizzie Borden’s 1986 movie Working Girls has been hailed as a more realistic portrayal that shows sex work as a job – alternately tedious and humorous like any other, and neither glamorous nor pitiful. Borden was able to do this by actually listening to sex workers about their lives. It’s too bad that Swanee Hunt and other prohibitionists seem unwilling to do the same.

Inherently Harmful?

A key component of prohibitionist ideology is the assertion that commercial sex is “inherently harmful”, with variations such as “inherently violent”, “inherently degrading”, and so forth. This is the apparent justification behind rejecting any attempt at harm reduction or reform. In their minds, amelioration is pointless because it’s not just a case of prostitution having “bad things” associated with it, but that prostitution is inherently bad.

Ask the question of what makes selling sex “inherently” bad for the seller, and you hear one of several theories about what sex “really is” or “ought to be”, and how applying that theory to something other than sex isn’t right because “sex is different” because, well, it just is, okay? Yeah, prostitution is “inherently” bad because sex is “inherently” different.

you-keep-using-that-word

For an action to be inherently bad or harmful, then there must be unavoidable negative consequences in every case regarding said action. Consuming sugar, for example, is not in itself harmful. Indeed, we depend upon glucose to stay alive, and it’s only when the amount consumed becomes so large as to overwhelm the metabolism that harm is created.

On the other hand, being hit with an axe is inherently harmful. Even if the edge is dull, and the force not too great, it’s still sufficient to cause pain and possibly a bruise. Certainly better than losing a body part or bleeding to death, but harmful nevertheless. That doesn’t mean, however, that axes themselves are inherently harmful, and indeed properly using one brings about benefits. Also, even though using an axe in this way causes harm, there are a few contexts where doing so constitutes a lesser harm than not doing so, such as amputating a trapped limb where the alternative is abandoning the person to die.

Prohibitionists will often respond by posing the loaded question: “So, are you saying that prostitution is harmless?” To which I would explain that commercial sex, like any other activity, carries a risk of potential harm, and that any actual harm is dependent upon many factors, some simple (using condoms) and some complex (psychological disposition). For some people, consensual sex work is not only very low risk, it may actually provide benefits. A 1986 doctoral dissertation by Dr. Diana Prince, for example, indicated that 97 percent of escorts surveyed experienced increased self-esteem after entering the profession. For others, sex work is either the best available or least deleterious option available to them. To date, I’ve yet to see a reliable study showing anything more than ten percent of prostitutes being forced, while a number of studies reveal that many people choose to enter commercial sex for a number of reasons.

So the available evidence does not support a hard-and-fast dictum that selling sex is inherently harmful. Instead, we see a complex continuum of diverse experiences. That leads us to the question of which approach best applies to all such contexts; more specifically, who is best qualified to determine whether a person may engage in sex work. Given that our society regards both sexual and commercial interactions as generally best decided by those autonomous individuals so involved, it follows that such a principle extends to the buying and selling of sexual services, with any regulation for health and safety being formulated and implemented primarily by the individuals engaged in said work. In short, the full decriminalization of sex work by consenting adults, which provides the fullest range of options for both preventing and ameliorating any potential harm that may occur.

Of course, the prohibitionists would have none of this, and even some well-meaning moderates and liberals would call for some degree of government regulation and containment (“legalization”). The problem with any form of criminalization and stigmatization is that it deprives those involved in sex work of the tools they need to minimize the risk of potential harm, from negotiating power to legal recourse. And while legalization may ameliorate some conditions, too often it leads to a “back-door criminalization” for many sex workers. This also applies to those who have been coerced into selling sex, as Amnesty International notes:

[C]riminalization of sex work can hinder the fight against trafficking – for example, victims may be reluctant to come forward if they fear the police will take action against them for selling sex. Where sex work is criminalized, sex workers are also excluded from workplace protections which could increase oversight and help identify and prevent trafficking.

If anything, the prohibitionist drive to continue criminalizing commercial sex is what is inherently harmful to sex workers.

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 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.