Toni Mac: The laws that sex workers really want

This is a sex wooer’s speech. I have never thought in this way. It freshed me and I do admire her courage. 

Probably most of people would tell that selling sex is degrading, is dangerous, women get abused and killed. 

She became a sex worker when she was woking two dead-end, minimum-wage jobs. Her wages couldn’t replenish her overdraft. She decided sex for money was a better option. So she signed up for her first shift in a brothel. 

In the years, she has had a lot of time to think, e.g. the nature of work under capitalism; gender inequality; sexual and reproductive labor of women. She has experienced exploitation and violence at work. 

Based on what she learned, she talked the four main legal approaches applied to sex work throughout the world, and explained why they don’t work; why prohibiting the sex industry actually exacerbates every harm that sex workers are vulnerable to. She also talked what sex workers actually want.

1) full criminalization

Half the world, including Russia, South Africa and Most of the US, regulates sex work by criminalising everyone involved. Lawmakers in these countries hope that the fear of getting arrested will deter people from selling sex. But it actually didn’t work that well. If someone has a criminal record. Potential employers won’t hire this person. In this case, this person has to find some way to earn money. Selling sex is one solution. In this case, the law is the exact opposite of its intended effect. In some place, people may be coerced into paying a bribe or even into having sex with a police officer to avoid arrest. In some place, police can arrest you if somebody is caught carrying condoms, because condoms can legally be used as evidence that people are selling sex. 

2) regulating sex work - partial criminalization

Buying and selling of sex are legal, but surrounding activities, like brother-keeping or soliciting on the street, are banned. e.g. in UK and in France, (including Finland) -  something like, sex worker can sell sex, just make sure it’s done behind closed doors and all alone. But if they work alone, it makes them vulnerable to violent offenders. 

The prohibition of street prostitution also causes more harm than it prevents. To avoid getting arrested, street workers take risks to avoid detection, and that means working alone or in isolated location like dark forests where they’re vulnerable to attach. If sex works are caught outdoors, they pay fine. And then they need to back to the street to work again to pay the fine. 

3) Swedish or Nordic model

The people who buy sex pay the fine. But still in Sweden, there are as much prostitution as there was before. The sex workers need to protect themselves by asking the buyer’s information. In This model, the buyer would be too scared to give the real name and other important information. How about if this guy turns out to be violent. It is too risky.

4) State-controlled prostitution

commercial sex can only happen in certain legally-designated areas or venues. Sex workers are made to comply with special restrictions, like registration and forced health checks. 

But this creates a two-tiered system: legal and illegal work. Because getting a license or proper venue takes time and costs money. It’s not going to be an option for someone who’s desperate and needs money. 

Those four models attempting to control or prevent sex work from happening makes things more dangerous for people selling sex. Fear of law enforcement makes them work alone in isolated locations, and allows clients and even cops to get abusive in the knowledge they’ll get away with it. 

Sex work is and always has been a survival strategy for all kinds of unpopular minority groups: people of colour, migrants, people with disabilities, LGBTQ people, particularly trans women. These are most punished through prohibitionist law. 

New Zealand decriminalised sex work in 2003. It means the removal of laws that punitively target the sex industry, instead treating sex work much like any other kind of work. People can work together for safety, and employers of sex workers are accountable to the state. A sex worker can refuse to see a client at any time, for any reason. 96% of street worker report that they feel the law protects their rights. 

Sex workers just want full decriminalisation and labor rights as workers.