9 Interesting Arguments for the Decriminalization of Sex Work

There are an estimated 1 to 2 million sex workers in the U.S. And many would argue that being a sex worker is the most dangerous profession.

But many argue that this could be drastically helped by decriminalization of sex work. Although currently, sex work is still illegal in many places.

By decriminalizing sex work it would empower sex workers themselves to have greater control over their work, their client base, and their safety.

Read on for 9 arguments as to why sex work should be decriminalized.

1. Criminal Laws Infringe on Human Rights

People enter into sex work for many reasons. Some do it as their main way of making an income and some do it temporarily for survival or short-term money. But no matter the reason, all sex workers should be treated with respect and dignity.

However, criminal laws mean this is not the case. It treats sex workers as criminals and strips them of their rights to work to support themselves and their families.

Criminalization does the following:

• Prevents access to justice
• Prevents access to health and social services
• Undermines sex workers’ rights to workplace and labor protections
• Exposes them to arrest

All of these infringe on the human rights of sex workers by treating them as a lesser class of human.

2. Decriminalization Reduces Police Abuse and Violence

Police are often the perpetrators of abuse and violence against sex workers. And they often do not suffer penalties or repercussions for their crimes.

How does that happen?

Because police are able to use threats or arrest and public humiliation to keep sex workers “in line” and keep them from reporting the abuse.

True, decriminalization will not solve all of the problems of police abuse, it will give sex workers the chance to come forward to report the abuse without fear of retribution or arrest.

3. Increases Sex Workers’ Access to Justice

Sex workers are often victims of violence or sexual violence, including rape. However, if sex work is criminalized then they most likely won’t feel safe reporting the crimes to the police.

They’re likely to fear that they’ll face retribution for their job if they go to report the crime. They fear things like being arrested or losing custody of their children or losing their lawful employment as a result of their sex worker status.

Decriminalization makes it much easier for sex workers to report when crimes are committed against them – and it means that those who commit the crimes will face punishment for what they’ve done. This gives sex workers a sense of justice.

4. Promotes Safe Working Conditions

Decriminalization makes it much safer for sex workers to do their jobs. For example, in New Zealand, there has been a decrease in occupational injury since the decriminalization of sex work there.

By decriminalizing sex work it will allow sex workers to organize. This means that they can reduce risk factors in their places of work, as well as increase access to condoms in order to promote health.

Again, in New Zealand, when sex work was decriminalized it allowed workers to be protected by the Health and Safety in Employment Act, which allowed for the creation of occupational health guidelines which gave sex workers the ability to assert their rights to certain working conditions and health benefits.

5. Decriminalization Reduces Risk of HIV

Criminalization makes it hard for sex workers to focus on safe sex and condoms. It makes it hard for them to insist on it with their clients.

One of the reasons for this is that street sex workers – who are the highest risk group for HIV – are afraid to have condoms visible for fear that it might lead to arrest.

Decriminalization will give sex workers more bargaining power and will give them an easier time insisting on things like condoms. Plus, it will make it easier for them to find clients who are willing to focus on safe sex because they won’t have to hide their activities to do it.

6. It Challenges the Stigma of Having a Criminal Record

In many countries, the criminalization of sex work means that many sex workers will have criminal records and/or will be arrested at some point in their lives. And sex workers are particularly at risk for abuse when they’re in prisons or police lock-ups.

Being labeled a criminal is an extremely heavy burden to bear. There’s a lot of stigma around it. Add that to the stigma of engaging in sex work and any sex worker who has a criminal record has double the stigma to wrestle with.

In some parts of the United States, for example, sex workers are required to register as sex offenders and must carry documents identifying them that way. This means that they don’t qualify for public housing and other social services – and it prevents them from getting out of sex work by making it especially hard for them to find non-sex work employment.

7. Decriminalization Does Not Result In an Increase in Sex Workers

Some opponents of decriminalization say that decriminalization will lead to an increase in the population of sex workers. However, there is no evidence to prove this. 

In areas where sex work has been decriminalized, there has been no sudden increase in the number of people working in the sex industry.

8. Helps Reduce Sex Trafficking

There are concerns that the decriminalization of sex work will lead to an increase in sex trafficking. This is simply not true.

In fact, the opposite is true.

Decriminalization of sex work allows criminal prohibitions and punishments of things like trafficking, sexual coercion, and prostitution of minors to be increased and strengthened.

Also, if sex work is decriminalized then sex workers will be able to organize and collectivize, meaning that they can help to facilitate anti-trafficking laws. How? Because when sex workers are not themselves under the threat of arrest or prosecution they can work with police and other authorities to combat trafficking.

9. Promotes Bodily Autonomy

The fact that sex work is treated and viewed differently than other decriminalized occupations is an example of the government’s long history of trying to control the bodies of women and sexuality.

Laws against sex workers are a form of state control over the bodies and private sexual practices of sex workers. Especially of the bodies of women and transgender women, who make up a large majority of sex workers worldwide. 

Laws prohibiting sex work are all about policing morality and don’t take any consideration of bodily autonomy.

If you want to support your local sex workers check out this useful link.

Finishing Up

Now that you know the arguments for the decriminalization of sex work maybe you want to read up on some sex worker stories of real-life sex workers.

Check out this post for 10 of the craziest things sex workers have been asked to do.

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