Is it time for a #metoo movement for sex workers?
Current Political and Legal Climate
Currently, the women’s rights movement is ever-present in media, legislation, and in the conversations inside Canadian households. However, it is not very often that we hear or talk about the lack of rights surrounding women in sex work.
Due to the current criminalized system in Canada, it is illegal to purchase or advertise sexual services, and in some cases, it is even illegal to solicit in public areas. However, based on public opinion surveys, highlighted by Lowman and Louie, a large demographic of Canadians believe that with regulations and privacy, sex work is acceptable. This can be observed in a number of failed attempts to change the laws surrounding sex work; nonetheless, all have been relatively unsuccessful in making sex work less stigmatized, safer, or healthier.
Notably, in 2013, the Supreme Court of Canada struck down the unconstitutional laws which made “brothels, public communication for the purpose of prostitution and living off the profits of prostitution” illegal. Then, in 2014, the Protection of Communities and Exploited Persons Act (PCEPA) — a bill supported by prohibitionist feminists– was installed to make it illegal to purchase sexual services rather than to sell them. However, a study by Elena Argento, a research associate with the Gender & Sexual Health Initiative of the B.C. Centre for Excellence in HIV/AIDS, showed decreases in access to sex work support services and many other essential services that sex workers should regularly be accessing. Evidently, PCEPA was of no help to sex workers.
When Canada decided to tackle “prostitution” by using an “end demand” approach, it was meant to make sex work safer and healthier; however, it shows to have had the opposite effect. By prosecuting “Johns” (men who purchase sexual services), it made life much harder for sex workers who are now working in the shadows, are more afraid to access health care services, and gave Johns more power when deciding on prices and condom use. Ultimately, no matter how sex work is criminalized or whom it criminalizes, these laws still create stigma.
The Options
The first option would be the decriminalization of sex work. This would entail the removal of criminal penalties for sex workers and allow sex workers to go to the police for help. However, decriminalization comes with some downfalls. First, it eliminates any form of regulation. Under decriminalization, sex work is treated just like any other form of occupation. While this may sound promising, a study called “The Impact of the Prostitution Reform Act on the Health and Safety Practices of Sex Workers,” in New Zealand — where the purchase and sale of sexual activity have been criminalized– show that violence against sex workers is still a persistent occurrence.
The other alternative is legalization, which places such as Berlin, Amsterdam, and Nevada currently have. Legalization would help by putting regulations in place. It would regulate sex work with laws involving “where, when, and how sexual services in exchange for money could take place.” It would also legitimize sex work while turning a crime into an economic gain by “zoning and taxing businesses” like Bawdy Houses — more commonly known as “brothels,” which is typically a building where people engage in sexual activity with a sex worker.
Does The Government Belong In the Bedroom?
As our past Justice-Minister-turned-Prime-Minister, Pierre Trudeau, once stated while arguing for his Omnibus Bill in the House of Commons in 1967, “there is no place for the state in the bedrooms of the nation.” While Trudeau was primarily arguing that private, consensual sexual conduct between “homosexuals” was their right, why not extend this even when money is exchanged.
The Netherlands, who legalized sex work by recognizing a woman’s right to sell sex as an aspect of “individual autonomy,” also supported the view that it is similar to any other contractual relationship — only, it is the exchange of money for a service. Whether the government approves of it or not, there will always be a demand for sex work and sex workers who are willing to do that provide their services.
Legalization would allow better protection from violence
Many would argue that legalization would allow sex workers to be better protected from violence. Research by Decker et al. in Human Rights Violations Against Sex Workers: Burden and Effect on HIV has shown that sex workers in criminalized areas, like Canada, experience an “absence of equal access to police protection,” even encountering violence at the hands of police, the very people who are meant to protect them.
However, the same research has also shown that in areas such as New Zealand and New South Wales, Australia, where prostitution has been decriminalized, and thus the stigma has been removed, there has been “improved police attitudes towards sex workers.” The officers were even shown to be notifying sex workers of “potential attackers.” Therefore, by eliminating sex workers’ fear of getting caught and punished by the justice system, sex workers would not be forced to retreat into the shadows, where they risk getting hurt. Instead, they could rely on the police to help keep them safe and protect their rights.
Alternatively, there are those who argue that legalization would do little to reduce violence as with so many cases, it is difficult to provide evidence for accusations of violence. Moreover, some sex workers would still be at the mercy of pimps who may force them into situations they feel uncomfortable or who may behave violently towards them. The simple solution would be to remove pimps from the scenario; however, this still leaves sex workers vulnerable as pimps can play a vital role in making sure Johns do not mistreat the sex workers and do not avoid payment. Thus, in either situation, female sex workers risk violence and therefore the some would argue that the only solution is to outright criminalize sex work in the hopes of reducing it. However, as we know sex work will continue whether or not it is legal, therefore we should legalize it, so sex workers feel free to report crimes if they wish.
Health Benefits of Legalization
Whether sex work is illegal or decriminalized, sex workers still face significant stigma and limited access to health care. By legalizing sex work, the workers are finally recognized as employed and would have greater access to health care and would no longer avoid doctors and clinics out of fear of stigmatization. This would dramatically reduce the spreading of STIs, as workers would not fear going to get tested.
Moreover, reports have shown that many sex workers do not carry around condoms as police use this as evidence of them selling sex. However, if sex work was no longer a crime, then sex workers could have condoms on hand without fear of arrest. Furthermore, workers would no longer need to conduct their business in hiding, where they may be pressure by Johns into unprotected sex; thus legalization would further reduce the spreading of STIs.
Mental Health and Sex Work
Research from the Yonsei Medical Journal shows that ex-sex workers reported significantly higher instances of PTSD, with longer durations of work strongly correlating with even more symptoms of PTSD, along with drinking problems and smoking. Legalization would lead to better access to resources, not only regarding physical health but also mental health because when something is stigmatized the fear of getting help is often what stands in the way.
However, others would contend that sex work is the source of ex-workers mental health problems and would argue that sex work should be criminalized to discourage prostitution and therefore limit the mental health consequences. Nonetheless, pro-legalization advocates argue that sex work will continue to happen regardless of whether or not it is legal; therefore it should be legalized to ensure that help is available to those who need it.
Sex Work and Trafficking
Many dispute that the legalization of sex work leads to an increase in human trafficking, where people are illegally transported across borders and forced into sex work and other labour. Those against legalization believe that more people feel like they could profit and capitalize if it were made to be a legitimate business and that men may feel more comfortable in partaking, which would then encourage the trafficking of women in order to fill the demand for sex workers. The concern can be further supported by research from Cho et al. in World Development, 41 (1), 2013, which indicates that “countries where prostitution is legal experience a larger reported incidence of human trafficking inflows”. Regardless of whether or not prostitution is legal, sex trafficking is still a significant issue, with the legalisation of sex work less time would be spent policing sex workers and could be redirected towards reducing trafficking.
Feminism and Moral issues
Prohibitionist feminists— commonly known as SWERFS— argue that the act of prostitution is a form of violence against women. This assumption is harmful to sex workers because not only is society harsh towards these women but representatives and lawmakers make it clear that the concept of a woman choosing to work in the sex industry is unfathomable.
However, most feminists and Canadians believe that sex work is worthy of legal protection and respect. The claim that sex work is inherently violent is only a result of the social stigma attached to sex work.
While feminism is meant to support women’s choices and control over their bodies, an exchange of money should hold no grounds on eliminating this support. The SWERFS’ constant synonymous use of sex work with human trafficking is removing the opportunity for sex workers to use their voices and speak of their experiences. If ending human trafficking was the main goal, they would allow sex workers to share their knowledge because they would genuinely be the best allies positioned to fight human trafficking and exploitation.
The argument that sex work is inherently violent has been disproven by places where it is legalized. For example, in Nevada, the overwhelming majority of women working at a brothel reported feeling “safe at their job, being free to come and go, and were not forced into the trade.” This has also been confirmed in Australia where the conclusions of recent studies found that “regulated brothels are the safest and healthiest work environments for sex workers.”
Ultimately, the system needs to change. Sex workers deserve rights and protections as occupation-holders and sex work as a whole needs to be talked about. The best way to achieve health care, support centers, safe work environments, and mental health services for sex workers is through legalization. The current system is not doing them justice– instead, it is pushing them into more dangerous situations than ever before.
By Maxine Clements and Matilda Murray
