If we have laws for sex work, what laws should we have?

Following Affordable Leather Products‘ recent post on Amnesty International calling on governments to protect prostitutes here’s a look at what laws we should have to protect sex workers.

What is wrong with the current laws against prostitution?

Firstly it’s clear to all but the most fervent campaigners and politicians that the current laws against prostitution simply do not work. There are countries like Russia and the majority of the USA which outlaw it completely, there are those like the UK which allow prostitution, but outlaw most of the activities that enable it to happen (or, at least, happen safely) such as running a brothel or solicitation and finally there’s the “Nordic model” such as that in Sweden where it’s not illegal to sell sex, but it is illegal to buy it (err, what?!)

In all these cases, however, it’s blatantly obvious that none of these examples have actually stopped prostitution, all they’ve done is to make life less safe for women who wish to work as prostitutes (it could be argued, of course, that this is deliberate, except for the claims that these laws are to “protect” the women).

[bctt tweet=”No current laws have stopped prostitution, only made life less safe for women sex workers”]

The actual effect of these laws is to make it difficult or impossible for women to work together for safety, to report crimes committed against them or, in the case of the Nordic Model, especially if a client want to meet at another location or a hotel, for the worker to get identifying information to check that the customer isn’t dangerous or lying, since the punter won’t want to give out details such as a phone number which could reveal their identity.

[bctt tweet=”Prostitution laws make it impossible for women to work together for safety or report crimes”]

Secondly, whatever the laws may be, it’s regrettable that very few governments and legislatures have actually bothered to ask the workers themselves what laws should be in place. Politicians are much more interested in listening to the voices of the media and the anti-prostitution campaigners because they are the ones who (they think) represent the “people”.

[bctt tweet=”Very few governments (except New Zealand) have asked sex workers what laws should be in place”]

There are often cases in the media of women who have been “trafficked” and forced into prostitution and this has spawned what is sometimes known as the “rescue industry” where the women involved need to be saved “for their own good” even if they aren’t actually being exploited at all. Often this results in them being forcibly repatriated back to countries where they face abuse from the authorities or even their families, especially when it was them that they were trying to escape in the first place.

Isn’t calling prostitution “sex work” dangerous?

According to a feminist writer, Kat Banyard, “rebranding” prostitution “sex work” is dangerous and decriminalising this industry legitimises the abuse of women.

If you click on the link of her name, you’ll see our rebuttal of her allegations.

Should we Legalise or Decriminalise sex work?

It’s important to differentiate between these two words. To legalise something means to put in placa a framework of laws to govern and regulate something, to decriminalise it, however, just means to stop it from being against the law which is another matter entirely.

Legalisation is often used as an excuse to make it as hard as possible for someone to be a prostitute even while paying lip-service to the idea of allowing people to do something. For example, it may be legal to run a brothel, but the licensing regulations are onerous and the cost of the licence itself may be prohibitive.

Additionally, such systems often require the workers to be registered which can be a slow process and, naturally, many people don’t want to give out such information, especially if they are escaping from an abusive partner, so they also put blocks in the way of workers.

If prostitution is decriminalised, workers have much more freedom to exercise their own choices of how and when they work and still have the protection of the law.

[bctt tweet=”If prostitution is decriminalised, workers can exercise choice of how and when to work”]

Won’t decriminalisation of prostitution cause trafficking?

On the contrary, decriminalisation of prostitution will very probably reduce trafficking. History shows that any form of prohibition simply creates a black market which will be exploited by criminals and those who are caught in it will be unwilling or unable to get in touch with the authorities because they risk being branded as criminals themselves.

By decriminalising sex work, it becomes much easier for women who have been trafficked to get in touch with the Police and freed from the exploiters or simply get away and work for themselves without being arrested for the crime of trying to earn money.

[bctt tweet=”Decriminalising sex work makes it easier for trafficked women to contact the Police for help”]

What forms of decriminalising sex work are best?

In 2003 New Zealand decriminalised sex work and, more importantly, the legislation was written with the collaboration of sex workers, rather than simply telling them “ok these are the laws now”.

Prostitutes in New Zealand have the right to refuse to see any client without needing to justify their reasons and the vast majority of them feel that their rights are being protected, not abused or removed.

[bctt tweet=”Prostitutes in New Zealand have the right to refuse to see any client without giving reasons”]

There doesn’t seem to have been an increase in prostitution or sex workers in New Zealand, but the women involved certainly feel safer.

So what should we do to decriminalise sex work?

Most importantly, talk to the women involved. Ask them what laws they want in place and listen to them, rather than just patting them patronisingly on the head and telling them “We know best, we’ll write the laws for you”.

Look at models such as that in New Zealand and see how that works and base any legislation on it, rather than the ones which try to use the law as a blunt instrument to crush the “oldest profession” which won’t go away.

Give the sex workers rights and the protection of the law, rather than them needing protection from the law and the women (and men) involved will then truly be safer.

[bctt tweet=”Give sex workers rights and protection in law and they will then truly be safer”]

Why London’s Blowjob Cafe will never open

There have recently been proposals to open a cafe in London where, for £50, customers can order a coffee and receive oral sex from a hostess. This Blow Job cafe is never going to open because it will immediately fall foul of the restrictions on “running a brothel”.

This is despite the fact that such establishments already operate in Thailand and there are plans to open one in Geneva where brothels can be licenced and sex workers can operate with the correct permits.

Regerettably British attitudes (at least amongst The Powers That Be and those who influence them) will never let such a thing happen here.

How do you think we should protect sex workers?

Do you think that the New Zealand model is better than the Nordic model because it doesn’t put barriers in the way of women who want to work? Should we adopt that model in the UK?

How best should we protect those who those who are forced or coerced into sex work without criminalising those who work freely and consensually in that business?

Please add your comments below…