Book Review: “Sex, Lies & Statistics” by Dr. Brooke Magnanti

The biggest uphill battle for advocates of sex workers’ rights and dignity is the constant barrage of bogus research and misrepresentation on the part of radical “feminists” and right-wing religious fanatics. Sex workers and their allies have had to comb through the Internet, finding bits and pieces here and there, like scroungers in a prison camp gathering what meager resources are available for survival and eventual escape. Imagine you’re such a scrounger, and you come across a treasure trove of maps, blueprints and other documents providing vital intelligence for the escape committee.

Brooke Magnanti’s book is just such an invaluable trove of information. She dissects the falsehoods of the “rescue industry” being peddled as research, and presents solid evidence that the best path towards assuring safety and human rights for people in commercial sex is full decriminalization. Skilled in both writing and scientific acumen, her work is both thorough and accessible, critiquing and dismantling her opposition, while providing solid evidence for her case.

She begins in the first two chapters at the unproven assumptions and sloppy studies used to “prove” negative effects of pornography, strip clubs, and even “sexualized” imagery in mainstream media. Chapters 3 through 6 are devoted to distinguishing the various legal models around prostitution, demonstrating the practical and ethical failures of the various forms of legalization and criminalization, especially the “Swedish model” and its fallacious “end demand” ideology. Her overview of the history of prostitution in the 19th century American West shows how commercial sex provided many women with economic independence, even the wherewithal to help build their communities. She shines a skeptical light on the claims of “anti-trafficking” organizations, takes aim at various prohibitionist leaders – Melissa Farley, Julie Bindel, and Swanee Hunt of Demand Abolition – revealing their ruthless machinations and profiteering at the expense of sex workers and their families. Chapter 7 is a transcript of her appearance with Paris Lees before the UK parliament’s Home Affairs Select Committee in 2016, bookended by her observations and commentary.

“Sex, Lies & Statistics” is the book for anyone who needs to sort fact from fiction regarding sex work. Get it, read it, and share it!

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If You Think “End Demand” is a “Progressive” Program, You Need to Read This

People who label themselves political or social progressives like to think of themselves as both forward-thinking and freedom-loving. That has not always been the case, however. Progressives have at times been divided on certain issues, just as they are today over sex workers’ rights. Those who currently favor the so-called “end demand” policies first instituted by Sweden in 1999 (hence its nicknames of “Swedish model” and “Nordic model”) follow a basic logic of social engineering:

  1. X is bad for society.
  2. If X were eliminated, it would benefit society.
  3. Therefore, government should institute policies for eliminating X.

Where this logic fails is in identifying “X” in utterly simplistic ways. Alcohol, for example, was considered “bad for society,” leading to failed experiments in prohibition which increased crime, thus making things worse for society. Homosexuals were (and in many places still are) branded as harmful deviants, subject to criminal penalties and dubious cures.

Progressives forget that, from the late 19th century until well past the end of World War II, there was a movement dedicated to improving humanity through a series of programs, all justified by the mantle of science. In fact, primitive forms of this form of social engineering had been practiced in ancient societies, and supported by philosophers like Plato. The ideas behind this organized movement began with an eminent scientist, motivated by his cousin Charles Darwin, and were promoted in many countries in Europe, the Americas, and Australia. In the United States, feminists and other progressives embraced the movement, leading to the adoption of laws in many states and the Federal government. In Great Britain, they found support across political lines, from conservatives like Winston Churchill to members of the Fabian Society. Sweden adopted elements of the movement’s agenda as part of the folkhemmet envisioned by Social Democrats and other reformers. Of course, the movement did have its critics, from public intellectuals like G. K Chesterton to notable scientists like Franz Boas and J. B. S. Haldane. Still, many embraced the ideas of the movement, even after witnessing its most brutal implementation in Nazi Germany.

That movement was eugenics.

Sir Francis Galton first conceived of the idea that, if animals could be selectively bred for certain traits, then the same principle ought to be applied to humans. He also suggested that those considered unfit “could find a welcome and a refuge in celibate monasteries or sisterhoods,” and that prospective immigrants should be screened for their potential fitness (thus anticipating policies to be enacted in the United States, Australia, and other countries). While he was motivated by Darwin’s ideas of natural selection, his illustrious cousin did not openly embrace his views; indeed, his writings indicated that he preferred that such choices be left to individuals rather than the state. But others picked up where Galton left off, and started a worldwide eugenics movement to improve the human race, whether by positive means (e.g., “Fit Family” competitions) or negative ones (compulsory sterilization of the mentally ill and “feeble-minded”).

A vocal minority raised serious questions. They worried about who was to decide whether someone was “fit” enough to breed, and how. They raised the point that many supposed weaknesses were not inheritable at all. They pointed to outstanding intellects and artists who also exhibited supposedly congenital weaknesses. G. K. Chesterton argued that the vague definitions of unfitness could very well lead to an unjust imposition of conformity: “Every tramp who is sulk, every labourer who is shy, every rustic who is eccentric, can quite easily be brought under such conditions as were designed for homicidal maniacs.”

Sure enough, eugenics programs were being implemented to rationalize exclusion of racial minorities, forced sterilization of “degenerates,” presumption of guilt in criminal cases based on pseudoscientific theories, and other violations of human rights. Sex workers were especially victimized by these programs, as prostitution and other “lewd and lascivious behavior” was considered a sign of degeneracy, leading to governments on both sides of the Atlantic including them in their compulsory sterilization programs. When the Nazis were questioned about the barbaric measures they took to achieve their goal of “racial purity,” they tried to argue that the only differences from the eugenics programs being implemented in countries like Sweden and the United States was a matter of scale.

Nowadays, many self-described progressives are so horrified at the idea of eugenics that it leads them to be skeptical about everything from reproductive surrogacy to genetically modified foods. They need to remember that their ideological predecessors were some of the biggest supporters of this failed program – and that the same simplistic logic behind it is now being used to promote the cruel failure of the Swedish model and other prohibitionist policies against sex workers.

The Problem with Moderates

Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. – Martin Luther King, Jr.

I’ve dealt before with friends and acquaintances who, relatively uninformed about sex work issues, would express their support for legalization, beginning a conversation about how that differed from decriminalization, and why the latter was preferable. Usually, the results were either:

  • The person’s idea of “legalization” was actually decriminalization.
  • The person didn’t know that the regulations which they thought were “reasonable” actually caused more harm than good.
  • The person only had a general understanding, but once they were more informed, embraced decrim.

Then there are the “moderates” …

They start by agreeing that criminal prohibition doesn’t work. They want an alternative to that. But they think decrim “goes too far” and may cause even more problems. No, they argue, we have to mandate testing for STIs, and keep the pimps at bay, and maybe even some kind of “Swedish Model Lite” where we just ticket the clients instead of throwing them in jail or making them go to “johns schools” …

They think legalization is some sort of acceptable “middle of the road” solution. Much like moderates on the marriage equality issue who thought “civil unions” would somehow solve the problem. Not a temporary bridge to our ultimate goal, as pragmatists like myself viewed it. They thought it was a permanent solution because, well, marriage is for heterosexuals to have children, and while gay people should have protections, it’s not the same thing …

That’s the major difference between moderates and pragmatists. It’s not whether a compromise is viewed as temporary or permanent. It’s the reason why moderates want it to be permanent: They are unable to get past many of the prejudices which led to the problem in the first place.

When it comes to sex work issues, moderates want mandatory testing because they still see sex workers as spreading disease. They want laws against pimping because they still think no one would actually choose to do sex work. They don’t think sex workers should have any input in the decision-making process around the laws and policies that affect them because they doubt that sex workers have the competence to make good decisions in the first place. And actually pay attention to what sex workers have to say? Oh, heaven forbid!

For all their good intentions, moderates still cling to a shallow understanding of sex work issues, rooted in paternalistic attitudes. That doesn’t mean they can’t be educated. It just means they need to do more work, not only about the facts behind sex work, but how they view the people involved in it.

The Road to Decrim: A Hopeful Scenario

Given current realities, how would the full decriminalization of sex work be accomplished in the United States? Realistically, it would involve not just many tactics and strategies, and the influence of events in other countries, but many political changes. While I have no crystal ball, I do have both an active imagination and a touch of whimsy. So, without further ado, here is a proposed timeline of how that might take place in the near future …

2018

  • After considerable consultation and pressure, Canada’s government introduces a bill to decriminalize sex work along the lines of the New Zealand model; meanwhile, police in several Canadian cities and provinces declare that they will adopt the guidelines used in British Columbia’s cities of Victoria and Vancouver, where sex worker safety is given priority over enforcement of laws criminalizing various aspects of the sex industry (these guidelines are called the Victoria-Vancouver Protocol).
  • Increasing political scandals in the United States leads to a massive upset in Congressional elections; the Republican Party collapses, displaced by the Libertarians, while the Democrats achieve a plurality and form a coalition with Greens and independents to elect Linda Sanchez as Speaker.
  • South Australia becomes the second state in that country, and the third jurisdiction globally, to enact full decriminalization of sex work.
  • Laura Lee wins her lawsuit against Northern Ireland’s version of the Swedish model, but reform is stalled by Stormont’s government

2019

  • Police chiefs in three U.S. municipalities adopt the Victoria-Vancouver Protocol, also applying its principles around drug possession and usage.
  • Canadian parliament passes full decrim, with specific requirements that municipal and provincial governments “engage in full consultation with peer-led sex worker organizations regarding formulation and implementation of any particular regulations of the sex industry.”
  • After lengthy internal debate, U.S. Green Party changes platform to endorse full decrim, and new leadership releases formal apology to sex worker community.
  • Congress begins hearings on articles of impeachment, but Donald Trump is forced to resign for “health reasons”; President Mike Pence resigns after only a few months, declaring current political situation unworkable; House Speaker Linda Sanchez is sworn in as President, Senator Cory Booker quickly confirmed as V.P.

2020

  • Debates rage in United States over immigration, drugs, and prostitution; police in three more cities adopt “Vic-Van” protocol.
  • Sanchez and Booker elected by plurality of popular vote and slim Electoral College majority.
  • Australian state of Victoria adopts full decrim.

2021

  • Police in five Rhode Island municipalities consider adopting “Vic-Van” while decrim bill is introduced in that state’s legislature; polls indicate support for decrim is at 62 percent; radical feminist Donna Hughes threatens to immolate herself on state capitol steps, prompting Libertarian Party leader Tania Markowitz to respond: “Burn, baby, burn!” and pro-decrim activists embrace this as a slogan; after decrim is passed overwhelmingly, Hughes retires from her post at the University of Rhode Island and disappears from public view.
  • Irish government commission declares that republic’s version of Swedish model “an abysmal failure” and recommends reforms; radical feminists and Catholic nuns criticize report and push for law to be retained.
  • Proposals for decrim introduced and debated in five Latin American countries.

2022

  • San Francisco becomes first major city to adopt “Vic-Van” while California governor Kamala Harris declares “all-out war against commercial sexual exploitation”.
  • Norway’s government repeals sex-purchase ban and adopts legalization scheme; sex worker organization PION praises move while pledging to continue fight for full decrim.
  • Netherlands adopts law allowing full decrim in certain cities (Amsterdam, The Hague, Rotterdam, Utrecht) while giving other municipalities option for stricter regulation or prohibition.
  • Radical feminists invade legal Provincetown brothel and assault several people, in name of “resisting violence against women”; incident leads to major shift in U.S. public opinion on sex work.

2023

  • Several significant setbacks for anti-prostitution movement, as numerous leaders are either exposed as frauds or indicted on criminal charges ranging from bribery to abduction and assault.
  • France abandons Swedish model and adopts legalization scheme; STRASS and other sex worker groups commend “positive step” but recommit themselves to achieve full decrim.
  • Ireland’s Dail retains Swedish model by one vote, provoking massive march in Dublin and prolonged occupation of several churches by sex workers.
  • After election of left-of-center coalition government in Bundestag, German Greens introduce decrim bill crafted with input by sex workers.
  • Brazil, Thailand, and two Indian states adopt full decrim.
  • One-fifth of U.S. municipal police departments have adopted “Vic-Van” protocol.

2024

  • Swedish sex workers simultaneously occupy three churches in Stockholm, Malmö, and Uppsala; supporters ring churches to prevent police from entering to evict and arrest occupiers; within two weeks, five more churches are occupied.
  • Alliance, Green, and Social Democratic Labour parties form coalition government in Northern Ireland; begin debate on decrim proposal.
  • Netherlands passes reform to decriminalize outcall and incall sex work nationwide.
  • In U.S. Presidential election, decrim becomes major issue in primaries; Sanchez and Booker re-elected, but Greens and Libertarians make major gains in Congress and state legislatures.

2025

  • In California legislature, Greens and Libertarians co-sponsor bill calling for full decrim; Governor Harris vows to veto.
  • Lawsuits, bills, and other actions for decrim continue in many other states, as almost one-third of municipal police departments embrace Vic-Van.
  • British Labour party leads coalition government with Liberal Democrats and Greens; LibDems introduce full decrim bill in House of Commons.
  • Vote of no confidence in Sweden over government’s handling of church occupations and protests leads to snap elections; newly formed Sex Worker Rights Party gains fourteen seats, holds balance of power in formation of center-right government, and negotiates peaceful end to occupations.
  • Demand Abolition closes its doors.
  • Decrim debated in Cambodian parliament.
  • German Bundestag passes decrim bill, to be implemented in stages.

2026

  • Western Australia and Tasmania pass decrim laws.
  • Coalition Against Trafficking in Women forced to declare bankruptcy and dissolve.
  • Scottish parliament begins debate on decrim bill.
  • Having achieved piecemeal gains, sex workers in India form political party with allies to push for full decrim and other reforms nationwide.
  • South Africa passes law devolving decision on commercial sex to provincial legislatures; Gauteng and Western Cape adopt laws allowing sex work in Cape Town, Johannesburg, and Pretoria; other provinces either retain previous criminalization scheme or stall in making any reforms; sex workers file suit in Constitutional Court.
  • California passes decrim over veto of Governor Harris.
  • New York passes bill allowing decrim, but with strong local control, leading to hodgepodge of restrictions; three sex workers and two clients file lawsuits.
  • Northern Ireland and Republic of Ireland almost simultaneously pass decrim.
  • Libertarians and Greens in U.S. Congress lead effort on major reforms in drug policy, commercial sex, civil asset forfeiture, and other issues.

2027

  • U.K. passes decrim bill, to be implemented in stages.
  • Sweden reforms laws around sex work, based on Norwegian law; Rose Alliance and Sex Worker Rights Party accept proposal as “realistic compromise” but vow to continue push for full decrim.
  • Icelandic sex workers occupy government offices; Prime Minister personally engages in negotiations for several days, and agrees to introduce reforms.
  • Decrim passed in Maine, Massachusetts, Montana, Nevada, New Hampshire, Vermont, and Wyoming; eight more lawsuits filed by sex workers and sex work clients.

2028

  • Iceland adopts full decrim; ban on striptease is also lifted, with strong labor protections introduced based on input from exotic dancers.
  • Scotland joins rest of United Kingdom in passing full decrim.
  • U.S. Presidential election, with several candidates expressing support or openness to decrim; deadlock in Electoral College throws final decision to Congress, which chooses Cory Booker for President, independent geolibertarian Valerie Chang for V.P.

2029

  • Australia’s Northern Territory tables decrim proposal, leading to protests in its capital; Queensland passes decrim measure.
  • South Africa passes full decrim of sex work nationwide.
  • Split decisions in U.S. appellate courts bring lawsuits on sex worker rights to Supreme Court; in 6-3 ruling, criminalization of consensual adult commercial sex declared unconstitutional.

Again, don’t take this (too) seriously. I claim no powers of precognition. But one may always hope.

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.

A Paradox of Prohibitionism

The reader will note the use of the singular article in the title, as there are indeed many paradoxes to the anti-prostitution position. For this post, I’ll be discussing one which recently has come to the fore.

Prohibitionists have crowed repeatedly how their “end demand” strategy of targeting sex work clients for punishment and derision is “the most effective means” to achieve their desired goal of “ending the sex trade”. Recently, however, I’ve noticed many of these groups lamenting that sex trafficking is on the rise, even in Sweden where “ending demand” became law and public policy almost two decades ago. So, how is it that this strategy is being adopted at an increasing rate, based on claims of success, yet the evil of sex trafficking and exploitation has also increased, indicating failure?

The first likely response to this paradox is to allege that “the problem is bigger than we thought” – that all the figures cited as to the number of people and amount of profits involved were too conservative. Such a claim would make sense, except that the peer-reviewed research of scholars indicates that such estimates were not only unreliable, but frequently exaggerated. See if you’re able to follow the logic: Prohibitionists make claims about the definition and scope of sex trafficking, which legitimate researchers find dubious and likely overblown, so the same people who made the original claim now turn around with even higher numbers, again without solid substantiation.

Another problem with the original trafficking claims is that the activists who make them frequently conflate consensual sex work with sex trafficking, either for ideological reasons or as a blatant public relations ploy (see page 17 of 20 in the paper hyperlinked here). So, is it likely that what prohibitionists are doing is stretching the definition of “sex trafficking” even further, to include legal forms of sex work such as web cam performance and stripping? You already have groups linking porn to trafficking, again with little to no substantiation. Plus, on even more extreme fringes, there are those who would argue that egg donation and reproductive surrogacy ought to be banned as “human trafficking”. This begs the question of where the definition of trafficking will ever end, if at all.

It seems the most obvious reason for claiming an increase in sex trafficking is to mobilize more people to do more work and give more money to one’s anti-trafficking organization. Such appeals to urgency are not new, but eventually lose their effectiveness. Think of it – how long do you expect volunteers to work, or donors to give money, while you continually claim that the problem they’re fighting is continually growing? Sooner or later, repeated use of this tactic leads to more questions, greater scrutiny, and abandonment by once-committed individuals who now feel used and deceived.

Finally, I’d like to propose the possibility that the problems related to the commercial sex industry may indeed be getting worse to some degree – but because of prohibitionist strategies, not in spite of them. This would fit with historical precedents, such as the banning of alcohol in the United States from 1920 to 1933, the exorbitant taxation of tea in Great Britain up to 1784, and other instances of excessive government control leading to increased problems from smuggling and adulteration to corruption and violence. Once one realizes that exploitative practices in otherwise consensual activities are not prevented by prohibition, but exacerbated by it, the paradox disappears. Would that the scales fall from puritanical eyes.

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.

“End Demand” is to Sex Work What “Build a Wall” is to Immigration

Our major obligation is not to mistake slogans for solutions. — Edward R. Murrow

Politics has always included sloganeering. Slogans and catchphrases are effective psychological tools for conveying basic values and concepts to a mass audience. The downside is when they become loaded language, using emotional appeals to reduce a complex issue into a simplistic “problem-solution” dualism.


Donald Trump’s approach to immigration policy is one such example. He appealed to nativist fears by conflating Mexican immigrants with dangerous criminals, and Muslims with terrorism. From these simplistic premises, he proposed simplistic solutions – “build a great, great wall” along the border with Mexico, and institute a ban on Muslims entering the United States. Forget that only a small fraction of violent crimes are perpetrated by immigrants, or how the wall and the ban would adversely affect our economy, or the harm such policies would cause to real people and their families. Forget also that these policies would have no effect on crime or unemployment. Forget those inconvenient facts – just build that wall, okay?

It’s no coincidence that such anti-immigration policies and rhetoric have pervaded the contemporary crusade against commercial sex. Not just that they hope tightening border controls will somehow aid their so-called “fight against human trafficking”, or that the beginnings of “end demand” in Sweden were linked to fears around migrants entering that country. Trump’s approach follows the same pattern of thought and action as the prohibitionist fanatics.

Both “build a wall” and “end demand” are deceptively simple reductions of complex issues, and the basis for policies that fail to address real problems while creating or exacerbating others. And before the prohibitionists clamor to accuse groups like Amnesty International of doing the same, they should look at the full scope of Amnesty’s recommendations for defending the human rights of sex workers, and the process by which they arrived at their policy. They need to look beyond both rigid ideology and emotional appeals, and listen to the people most directly involved – sex workers themselves.

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.

The Big Lie of “Partial Decriminalization”

The great enemy of clear language is insincerity. When there is a gap between one’s real and one’s declared aims, one turns as it were instinctively to long words and exhausted idioms, like a cuttlefish spurting out ink. – George Orwell, “Politics and the English Language”

Two kinds of language are often employed in propaganda: simple yet emotionally loaded, and seemingly sophisticated obfuscations. The former is most frequently used by opponents of sex workers’ rights, especially in appeals to “fight human trafficking”. Yet it is careful use of the latter which has allowed prohibitionists to sell the so-called “Swedish Model” as an alternative.

Specifically, prohibitionists have marketed this scheme as “partial decriminalization” – the supposed decriminalization of those who sell sex, while outlawing those who would buy sex. It’s appealing on two levels. First, it plays upon common stereotypes of the prostitute as victim and “john” or “punter” as lecherous deviant. Second, it appeals to both misgivings about the status quo and uncertainties around full decriminalization. But it also depends upon a suspension of basic logic, and ignorance of both the full legal context and real-life implications, behind this model.

In the first place, whenever an action is made a crime, any other actions necessarily linked to it are also outlawed. This is why a person who knowingly buys stolen merchandise is just as culpable as the one who knowingly sells it. Likewise, it inevitably becomes impossible to separate the sale of sex from its purchase; outlaw one, and the mirror image is complicit in its commission.

Further, the Swedish Model is not limited to just a ban on buying. Sweeping laws against “brothel-keeping” and “living off the avails of prostitution” also remain in place, and are used to penalize sex workers and deprive them of safety. Thus the full legal context of this scheme reveals it to be near-total criminalization, nowhere near the supposed “middle ground” that its proponents would have people believe.

The proponents of this scheme would argue that “prostituted women” would no longer be the targets of police, but instead would be offered social services to help them exit. That’s the theory – but reality is a different matter, with police in Sweden and Norway routinely watching and intimidating sex workers, even bullying their landlords to get them evicted. As for the social services, that only applies if the sex worker repents and embraces the government’s party line; otherwise, they are refused help, even denied condoms to help protect them from HIV and other STIs under the rationale that, because “prostitution is inherently dangerous”, there is no point in helping them reduce any risk of potential harm.

It is a lie to repeatedly refer to the “Swedish Model” as a form of decriminalization, because in fact it still gives police the power and authority to control sex workers. If those who sell sex are to be free of such control – and the abuses that inevitably come with it – the answer is full decriminalization of consensual commercial sex, allowing existing laws against assault and exploitation to protect them. This is what has worked in New Zealand and New South Wales, and what sex workers themselves rightly demand.