Legalization, Decriminalization, Partial Decriminalization

By Tanya Pearrell

Criminalization, legalization, decriminalization, partial-decriminalization, ... These are the terms we hear circulating when it comes to “sex work” policies. And, to be honest, if you are not in this every day it can be overwhelming to keep them straight. So let’s start with the definitions of each.

Criminalization is currently what all states in the US have in place (with the exception of some counties in Nevada). In this model, all involved in prostitution - from the pimp to the buyer to the prostituted individual are to be subject to prosecution and consequences. Unfortunately, arrests are often very disproportionate - more on that at another time!

Legalization means that prostitution would become a legal profession that the government regulates. Laws would determine where, when, and how prostitution could occur. The government would have the authority to intervene and set regulations in regard to prostitution. As long as all follow the set regulations there would be no prosecution or consequences for those involved. 

Decriminalization, on the other hand, eliminates any and all laws related to prostitution. Government and law enforcement would be prohibited from intervening in any aspects of prostitution unless there are other laws or guidelines that would apply. Similar to legalization, those involved are not subject to prosecution or consequences. Because it is fully decriminalized there are no laws - for pimps, buyers, and prostituted individuals.

The final policy is partial decriminalization. This is also sometimes referred to as the “equality model” or “Nordic model” (in reference to where it originated). Under this model, those doing the selling (pimps and traffickers) as well as those buying are subject to arrest and consequences. Those being sold would be protected as a victim. 

All of these models state that trafficking would be illegal and subject to prosecution. In a future blog (or blogs) we will explore the “pros” and “cons” of each model.

To learn more about what trafficking and prostitution look like in our local communities please reach out - tanya@shessomebodysdaughter.org.