Sex work is criminalized mostly by banning the sale of sexual services and legislation prohibiting sex solicitation, sex work earnings, brothel-keeping, or the procurement of sexual services. Moreover, because of laws that criminalize same-sex sexual relations, many male and transgender sex workers face harassment, prosecution, and violence.
For non-criminal offenses such as loitering, vagrancy, and hindering traffic flow, sex workers are most often penalized. By restricting the freedom of sex workers to negotiate the use of contraceptives with clients, accessing public services such as health care, and promoting and protesting for their rights, criminalization increases the vulnerability of sex workers to abuse, extortion, and health risks.
Decriminalization of Prostitution refers to the abolition of all criminal and administrative sex work restrictions and penalties, including laws against clients and owners of brothels. It varies from legalization, which is a legislative framework defined by major regulations—many of which can restrict rights and protections, establish authorities abuse systems, and other adverse effects on sex workers.
Decriminalization of Sex Work
The decriminalization process of sex work is related to the recognition of sex work and the defense of sex workers’ rights by labor law, health and security legislation in the workplace. Sex workers will press for better working conditions when sex work is decriminalized and use the justice system to obtain redress for discrimination and violence.
Sex workers prefer to live without stigma, social isolation, or fear of abuse. Even where sex work is decriminalized, minors’ prostitution, webcam girls and human trafficking can and should remain illegal activities.
Sex workers have campaigned for human rights that cannot be completely realized as long as criminal laws impede access to justice, health, and social care for sex workers; weaken their right to live and work and workplace security; and expose them harassment, discrimination, and unlawful detention.
Reasons to Decriminalize Sex Work in the USA
1. Decriminalization Preserves Rights of Citizens and Dignity
A cornerstone of democratic human rights is that all people are born free and equal in dignity and rights. There are several reasons adults do sexual activities, whether it’s their main livelihood, a temporary survival means, or an opportunity to raise other income.
Some people think sex work provides higher benefits and more secure working conditions. Sex work is service, whatever the reasons, and sex workers should always be treated with respect.
2. Decriminalization Helps Protect Against Harassment and Violence
Fear of imprisonment and police harassment restricts the time and techniques used by sex workers to perform clients’ safety screenings without police detection. For non-street sex workers, authorities have close down online sex work sites. These causes with actual or perceived impunity for perpetrators of sex worker violence put sex workers at higher risk.
3. Police Harassment and Brutality Issues of Decriminalization Challenges
When sex work is criminalized, the police exert control over sex workers. Police threaten to arrest, humiliate and extort sex workers. A large proportion of sex workers in Eastern and Central Europe have reported sexual harassment on the part of the police.
In Cambodia, almost half of all sex workers were beaten and almost half raped by police, and almost three out of four sex workers were killed and more than half raped by police.
Decriminalization of prostitution in Canada allows sex workers to file lawsuits against uncivilized police officers and put criminals before the courts without fear of detrimental effects on themselves.
4. Decriminalization Increases Health Care Access
The highest access for the outreach workers to brothels and the most significant financial aid for sex workers’ welfare services were correlated with decriminalization. Better financial support means more potential for healthcare in the evening, a main aspect of which is that sex workers also spend the night the busiest hours.
Decriminalization has also shown that sex workers improve condom access and usage rates. Decriminalization of sex work in the USA encourages sex workers to work in groups in which they can coordinate appropriate, reliable, and compassionate health care. This provides a strong solution to sex workers’ stigma and prejudice in their relationships with many healthcare professionals.
Infographics source – PornPics.COM
Criminalizing Sex Work Is a Matter of Human Rights
Adult, voluntary and consensual sex criminalization is incompatible with the human right to self-independence and privacy. The government does not tell consenting adults who should and on what terms they can have sexual relations.
Criminalization refers to sex workers to law enforcement violence and exploitation. Police officers assault sex workers, extort bribes and forcibly and verbally threaten sex workers or even rape.
Criminalization renders sex workers more vulnerable to exploitation, including rape, assault, and murder, by criminals that see sex workers as easy targets for being stigmatized and unable to receive police assistance. Criminalization may also cause sex workers to work in dangerous environments to escape police.
Criminalization consistently inhibits the right to obtain justice for violence against sex workers. Criminalization also impacts other civil rights. Sex workers are expected to unite as workers in countries that prohibit sex work, fight for their rights, or work together to help and defend.
Sex Work Decriminalization Helps To Support Sex Workers
Candidates running in U.S. state and national elections should support decriminalizing voluntary sex sales and buys and ending harassment criminalization encourages women and lesbian, bisexual, and transgender people.
The decriminalization of sex work maximizes the legal security of sex workers and their potential to exercise other primary rights, such as justice and health care. Legal recognition and occupation of sex workers maximizes security, dignity, and equality. This is a major step towards the decriminalization and legalization of prostitution.
- Decriminalization of prostitution in the US will minimize police harassment of sex workers.
- Decriminalizing sex workers would make them less vulnerable to client abuse
- Decriminalization would encourage sex workers to protect their health safety.
- Decriminalization would encourage equal opportunities for the LGBTQ community
- The decriminalization of the criminal justice system would reduce social inequality and racial disparities.
The same law should secure sex workers as any other citizen. Without fear of abuse or detention, and with access to health services to support themselves, they should be able to preserve their livelihood. We should take sex workers out of risky margins and into the mainstream where the law protects — not targets.
What Should Be Done By Governments?
Governments should decriminalize sex work entirely and ensure that there is no discrimination against sex workers in law or practice. Services for sex workers should also be improved, and they should ensure secure workplace conditions and access to social services and community security networks.
In addition, all legislation and controls relating to sex workers and their practices must be non-discriminatory and often consistent with human rights law. There are no legitimate barriers to restrictions that would prohibit people involved in sex work from coordinating together or operating in a safe environment.
Decriminalization and Legalization of Prostitution
Prostitution in the United States is a sensitive issue. Arguments against prostitution also include women’s safety and health. For the (mostly) females involved, prostitution is an extremely risky profession; sexual exploitation, forced drug use, physical violence, and death are widespread in the industry.
It is also very difficult for women working in this sector to get support or to get out. Many sex workers at a very young age were sold to sexual exploitation and have no means to escape their forced prostitution or were only selected to be the target of sex trafficking later on.
Furthermore, since most parts of the United States prostitution is illegal, few legal provisions exist for prostitutes. Many fear that finding aid will only lead to prison. Many who seek help will be convicted and then battle a criminal record stigma when reintegrating into society.
Final Thought
Decriminalizing sex work represents putting an end to laws that ban the sale and buying of consensual, adult sex or related activities such as advertising or leasing a room for a sex worker. Real criminal activity, such as child exploitation or sex trafficking, will remain illegal.
The debate over the Legalization and Decriminalization of Prostitution movements have taken root in Washington, DC, and New York following decades of sex worker advocates’ attempts. Arresting and charging fines for consensual sex is meaningless, making some of the most insecure Americans much more so. Public leaders should listen to constituents and start decriminalizing sex in the United States.