The term prostitution dates back to 2400 BCE and is referenced as an “occupation” in the Bible—we’ve certainly come a long way since then. Now, in 2022, prostitution exists in many forms that would have been unimaginable by its first practitioners, especially with the rise of online sex work over the past decade. Recently, we have shifted the language we use to describe this industry from prostitution to sex work. The term “sex work” acknowledges it as a profession while removing some of the stigmatization and connotations of immorality that the term “prostitution” carries. Now, sex work happens on a global level, at all hours of the day, and across many platforms.
Many of us imagine sex work as it is portrayed in the movies (think Pretty Woman) with feminine, cisgender women standing on street corners, waiting for a “John” to pick them up. In reality, even this in-person form of sex work is much different than its media image. In United States history, sex work has been a significant part of many historical events, although it has been pushed to the back of the narrative. Stonewall, the uprising at the center of the fight for LGBTQ rights in 1969, was an example of this. From the community of LGBTQ+ and people of color in attendance, many were sex workers, though their stories were hidden from the narrative because of the stigma around their work. Aside from street sex work, brothels and escorting are also common forms of in-person sex work.
In 2022, sex workers most commonly use online platforms, which are easily accessible and allow for some degree of anonymity and personal safety. Examples of online sex work include webcam porn, recorded porn, selling personal items, messaging and sending media online, and sex work platforms such as OnlyFans. In many ways, the digitalization of sex work has revolutionized the industry, allowing for faster and safer contact with clients, and the only barrier to entry in many cases is owning a device with a camera As one could imagine, this kind of work has also been sensationalized in the media, and has drawn a very young demographic via platforms like TikTok, where people share their stories (and their earnings in particular). The Netflix show Euphoria, which is popular with teenagers and young adults, shows a high school girl becoming a Dominatrix over her webcam, which affords her a new wardrobe and self-confidence. Online sex work is undeniably beneficial for the sex work community, especially in pandemic times, but there is cause for concern that underage people may be drawn to the industry.
It is critical to think of sex work as a human industry, operated by real people. While finding demographic breakdowns of an illegal industry is difficult, sex work has historically been done by people of color and those in the LGBTQ+ community; as young adults, many who were not accepted in their homes sought out alternative communities that could, which also provided financial independence. Many workers come from low-income backgrounds and neighborhoods. In the US, the class system is inherently connected to race and other identity factors, and this distinction is most clear when identifying a place of residence and community. If you consider a major city such as Chicago, the inner city homes the lowest income people while the suburbs house the wealthiest. If you drive through these neighborhoods, you can see the wealth distribution by the difference in housing quality, street cleanliness, and overall safety. In many cases, these inner-city neighborhoods are predominantly filled by people of color and members of other minority groups. Across the United States, in-person sex work most commonly occurs in high-population cities, oftentimes in inner-city neighborhoods like these. Many cities also have informal “Red Light Districts” where sex work and similar industries occur in certain city zones. Tourists will seek out these districts, especially in cities known for their after-hours nightlife, such as New York, Atlanta, and Miami.
Currently, activist groups in the United States are calling to decriminalize sex work in all forms, which would mean it is no longer considered criminal activity to engage in sex work or to pay for services. This comes in contrast to a few different models discussed in the US and practiced in other countries. The first is prohibitionism, in which all sex work is illegal and both workers and clients can be prosecuted for engaging in it. Essentially, this is how most of the US operates right now, with the exception of certain Nevada jurisdictions and Washtenaw County, Michigan. Two other models commonly practiced are abolitionism, which prosecutes pimps and brothels, but not sex workers themselves, and neo-abolitionism or the Nordic model, which prosecutes only the clients. Brazil operates under the abolitionist model, while Canada, Sweden, and France use the Nordic model. The latter has been discussed in recent years by US legislators, but has received pushback from the sex work community for its flaws, namely that it may push workers to operate in more dangerous, less policed areas.
The two models most commonly discussed in the US today are legalization and decriminalization. While these terms sound similar, they serve to create very different environments for sex workers. When comparing the two models, it is important to consider the way each would affect the people working as well as larger related issues such as human trafficking and interpersonal violence. Legalization requires registration of either regulated brothels or individuals, who, if compliant with the rules, cannot be prosecuted for sex crimes. Though this sounds effective on paper, there are barriers to participation, such as the process of obtaining a license–citizenship status and available funds, for example, can prevent people from participating legally. For this reason, legalization in an inequitable model, especially when considering the demographic of sex workers. As mentioned, certain jurisdictions in the state of Nevada have legalized sex work, but it is regulated to a select few approved brothels with further requirements for employees. Anyone in Nevada participating outside of these guidelines and jurisdictions could be prosecuted the same way as anywhere else in the country.
Decriminalization, on the other hand, is the removal of criminal charges for sex work, meaning that sex workers would operate like any other workers. They would be registered and taxed, and they would also be protected under the legal system. In the US, Washtenaw County, Michigan enacted decriminalization in 2021, deciding they would no longer prosecute sex workers or their clients, but may prosecute third parties such as pimps. Here’s a quote from Prosecutor Eli Savit about his decision: “Let me be clear on this. We are going after human traffickers. We are prosecuting predatory pimps…What we are not doing is seeking criminal charges for consensual sex work and that is because we know that when sex work takes place in the shadows, it renders folks that are engaged in that activity more vulnerable to sexual assault, more vulnerable to physical assault.”
It is too soon to say how this decision has impacted the sex work industry in Michigan, but there are several places outside the US who have made this change earlier on. In New Zealand and New South Wales, sex work was decriminalized in 2003 and 1995, respectively, both locations citing public health and personal safety as significant contributions to their decisions. New South Wales reassessed their policy in 2016, and found a significant decrease in police corruption as it pertained to sex work and success in regulating and protecting sex workers. Similarly in 2008, New Zealand government reported a “marked effect in safeguarding the rights of sex workers to refuse particular clients and practices, chiefly by empowering sex workers by removing the illegality of their work.”
Decriminalization stands to decrease the violence against sex workers and protect them under the law. Historically, sex workers have been targeted by devious people and members of law enforcement and have been repeatedly subjected to human rights violations. Further, almost all of these crimes go unreported for fear of exploitation and prosecution for their profession. Sex workers as individuals fall into what criminal departments call the “high risk victim” categorization, meaning their lifestyle puts them at higher risk to experience violent crime. In addition, they may be isolated from friends and family, work under false identities, and work in high population areas with high crime rates.
Those in the sex industry face crimes against them ranging from financial crimes to stalking and harrassment to violent and sexual crimes, not just from clients but from people who prey upon their vulnerability. Even under legalization, sex workers can still be surveilled, raided, and harrassed by law enforcement for suspicion of illegal actions. Decriminalizing their work would allow them to report these crimes against them and seek justice against the people who target and exploit them. Sex workers have faced disproportionately high rates of violence by law enforcement, including violence against transgender women stereotyped as sex workers. Continued ignorance of sex work under prohibition allows this corruption to persist, and until the legal system can gain transparency about sex work, these exploitations will continue.
In addition to protection against criminal offenses and violent crime, this change would increase transparency between clients and workers, allowing for background checks and sexual healthcare measures. Sex workers would be entitled to legal protection, minimum wage, and healthcare benefits, the same human rights affordances every other worker is entitled. Their workplace conditions would improve and relocate to safer locations, and workers would be able to unionize to ensure human rights and fair pay. Incarceration for non-violent crimes would decrease. Even considering sex work under a capitalist lens, taxed services and organizations would stimulate local economy, and may even generate more tourism such as Amsterdam, which has become notorious for its Red Light Districts.
Those who oppose decriminalization fear increased rates of sex trafficking and underage sexual victims. While these are undeniably important issues to address head-on, increased transparency and accountability for third parties like pimps would actually adjust the power dynamic in favor of the workers. With legal protection and human rights, workers could advocate for themselves and each other. Drug use and sexual health practices could be better regulated through the industry with increased accountability.
The sex work industry is a complicated point of discussion. Its reputation in the media and throughout history coupled with its connection to dangerous criminal activity such as human trafficking leads some people hesitant to endorse it. But as lawmakers have speculated recently, decriminalization doesn’t encourage people to become sex workers, it protects the human rights of individuals. Sex workers undeniably deserve the same rights as any other human, and the same workers rights as any employee. As we know, sex work will continue to happen either way. It’s a black market industry right now, so the question isn’t whether or not to allow sex work to happen, it’s whether or not it happens safely and transparently.
At the end of the day, decriminalizing sex work is a critical step in upholding human rights. These issues disproportionally affect people of color, queer and trans people, and those of lower socioeconomic status. Sex workers are denied access to healthcare, legal protection, and are subjected to violent crimes simply for the work they do, while clients remain free of stigma. In the battle for equity across race, class, gender, socioeconomic status, and overall identity, sex work is frequently overlooked, but remains an integral human rights issue.
By Sydney Sullivan