Sex Work is Work so it's time to decriminalize it.
Sex Work is Work
June 2nd is International Sex Workers' Day, a day to both honour sex workers and call attention to the continued exploitation of sex workers' rights.
In Canada, we follow the Nordic (Partial Decriminalization) Model of sex work legislation, which criminalizes the purchase of sex while decriminalizing sex work. This is an extremely harmful model that pushes sex work further underground, which reinforces stigma and makes sex workers more vulnerable. To be clear: this model allows a type of work while criminalizing the clients paying for it a— in no fucking world be allowed in any other sector.
The only option is to decriminalize:
Unpacking bias about Sex Work
Sex work is defined as the consensual exchange of money or goods for sexual services among adults.
Many of us still hold biases about sex work that we desperately need to confront, so hear this: sex workers are autonomous individuals with the right to govern their own bodies.
In a capitalist society in which everything from organizing closets to therapy is capitalized on, criminalizing the exchange of consensual sex for profit is based on a historic"moralistic" colonial notion of purity which surveils, oppresses and denies the autonomy of women (though sex workers can be any gender).
“Criminalizing adult, voluntary, and consensual sex – including the commercial exchange of sexual services – is incompatible with the human right to personal autonomy and privacy. In short – a government should not be telling consenting adults who they can have sexual relations with and on what terms.”
Sex Work is not Human Trafficking
Bill 251 and Bill C-36 both conflate sex work with human trafficking to an extreme level, suggesting that all sex workers must be exploited. These laws worsen the stigma against sex workers while also promoting abuse by the police under the guise of searching for evidence of trafficking.
Say it with us: Sex work is consensual, Human trafficking is not.
Police officers often use the fight against trafficking as an excuse to surveil and harass sex workers without a warrant, and when they fail to find the evidence they hoped for, cops will exploit random, vague bylaws in order to penalize the workers regardless. This is no Pretty Woman.
“I am not a trafficked victim. I use my hands to support myself and my family... Please stop imposing your moralistic, colonial, and religious ideas on me.”
Watch our IG LIVE with Karly Church to learn more about human trafficking in Canada:
Sex Work & the Law
In 2013, three brave sex workers successfully challenged a number of anti-prostitution laws in the Bedford v. Canada case, leading to the Supreme Court decision that the previous laws against sex work (specifically the ban on solicitation and brothels) were unconstitutional.
Only months later, the Conservative government introduced Bill C-36, called the Protection of Communities and Exploited Persons Act (PCEPA), which decriminalizes the sale of sex but criminalizes its purchase. And if you're thinking "but that makes no sense," you're absolutely right”.
n 2021, the Ontario Government passed Bill 251, the Combatting Human Trafficking act. This bill aims to fight human trafficking by *hugely* expanding police power. *screams into the void*
The Police do not Protect Sex Workers
Sex workers need to be a part of our conversations about police brutality. Sex workers experience countless abuses by police, including assault, unwarranted searches and arrests, and intimidation and harassment, all after PCEPA was enacted. Unsurprisingly, this over-policing and persecution disproportionately affect BIPOC and trans-women too (sigh).
It is nearly impossible for sex workers to find justice within the Criminal Justice Legal System (CLS). Because of the human rights abuses, sex workers face at the hands of the police, there is a deep distrust and fear of cops that leads to underreporting. It can be traumatizing to report abuse to the same officers who see them as worthy of abuse.
Worth Noting:
Less than 5% of sex workers will report abuse to the police because of distrust.
Also, one-third of the 294 homicides of sex workers between 1994 and 2014 were still unsolved after the passage of PCEPA - WTF?
Decriminalize…
Eliminates all laws
Prevents the federal government from intervening in sex work-related activities
De-prioritizes the arrest of sex workers, reducing the over-policing of marginalized groups
Provides sex workers with a pathway to justice in the CLS, and alternative employment
…vs. Legalize
Requires sex workers to pay registration fees and obtain licences
Regulates how, when, where, and why sex work can occur
Provides a pathway for interaction with law enforcement, which can worsen over policing
Funds the police so that they have greater power over sex workers autonomy
t's clear that criminalization just fights sex instead of crime. Decriminalization ensures that power is retained by sex workers, whereas legalization would just pass more control onto the police institution and worsen the structural problems of abuse and exploitation.
Success Stories we can Learn From
New Zealand fully decriminalized sex work in 2003, with the goal of safeguarding the human rights of sex workers, protecting them from exploitation, and promoting their health and welfare. After the law passed, the focus wasn't on the sex worker as a criminal, but on their rights, safety, health, and wellbeing. A 2008 study found that sex workers felt more comfortable reporting abuse to the police without the threat of imprisonment, and were more able to insist on safer sex practices and reject clients (yay!).
New South Wales, Australia, decriminalized sex work way back in 1995 after an investigation into law enforcement found that police were unfit to hold power over the sex industry. The investigation recognized that criminalization led to corruption and major health and safety risks to sex workers and the community as a whole. A 2010 study found that New South Wales had the best sex work safety and support measures in Australia, due to decriminalization and reduced police power.
NEXT STEPS
Support organizations that seek to protect Sex Workers: Whether it be opening your wallet or attending protests, this is one of the best ways to support sex workers. Some of our favourite groups are: Butterfly CSW, SWAN Vancouver, ACTION Canada, and the HIV Legal Network.
Sign the petition: End Racism Against Asian Massage Businesses and Workers by the Town of Newmarket: The Town of Newmarket has implemented a legal regime that has illegalized and prohibited the operation of Asian massage businesses, excluding low-income Asian women from essential business licenses.
Make Noise: Contact your elected officials and demand that they repeal Bill C-36, the PCEPA, and Bill 251. Demand immediate action to address the over-policing of BIPOC women, trans women, and sex workers. Insist that we decriminalize sex work in Canada.
Source: The National Post, OCRCC, HIV Legal Network, Butterfly CSW, CPHA, HRW, CLES, HIV Legal Network, Victoria News, Global News, DECRIMNOW.ORG.UK, Vox, ACLU, NSWP.
