I write in reference to an article in The Lamron titled “Legalization of sex work in U.S. would ensure safety within industry, surrounding community,” by Aliyha Gill. As stated in the text, the predicted benefits of legalization include the ability to report malicious behaviors without fear of punishment as well as a decrease in sex-trafficking. Legalization also encourages the use of protection, which results in a decreased risk of STIs.
Sex work legalization, however, presents some serious drawbacks for sex workers. In a TED Talk entitled “The laws that sex workers really want,” activist Juno Mac calls legalization “back door criminalization.” The imposition of bureaucratic regulations creates obstacles regarding the acquisition of licensing, thus costing workers additional time and money.
Decriminalization is a better option. While legalization of an act involves governmental regulation of the industry, decriminalization simply strips away any penalties for engaging in an act. Mac states that decriminalization promotes working collectively, using protection and giving workers the ability to refuse to see a client and safeguard their rights. New Zealand adopted this preferred policy in 2013, which was written in collaboration with sex workers. Proof of concept is illustrated by a 2014 case where a New Zealand sex worker pursued a brothel operator who had sexually harassed her through the Human Rights Tribunal. She won the case and was awarded $25,000 in compensation, according to The Independent.
No matter where you stand on the legalization versus decriminalization issue, there is one thing we can all agree on. Sex work should not be shamed. Yes, it is a major issue that some people turn to sex work out of economic necessity rather than choice but pitying such people will not help them. What will help is making their jobs safer.
Ethically speaking, I agree with Gill that people should have the freedom to engage in sexual business, so long as no one else is harmed in the process. Decriminalization would yield a maximal increase in agency within the field compared to other policies.
So, why are we wasting time? Change is imperative.