The Pros and Cons in the Debate Around Sex Work Legalization
By Tanya Pearrell
In a previous blog we described the difference between criminalization, legalization, decriminalization and partial-decriminalization of prostitution. In another blog we addressed that when deciding what option is best it must be done with a victim-centered approach. (You may want to read (or reread) those blogs for clarity and definitions of each.) So what is the best option?
On paper legalization sounds good. Laws should ensure safety and justice. And supporters of legalization will tell us that if the government is responsible for setting guidelines and enforcing them there will be fairness. Sadly, we see otherwise with what is already in place. Currently, selling and purchasing sex are criminal offenses. However, arrests and convictions for selling far outnumber the arrests and convictions for buying, at least in Pennsylvania (Spring-2020-Report.pdf (cseinstitute.org)). Legalization of sex work is no guarantee of safety or fairness.
Decriminalization would remove any and all, legal ramifications for purchasing or selling sex. This would make brothels, online, and street prostitution all legal. While supporters say that trafficking would still be a criminal offense it would be difficult to enforce. As we’ve shared previously, because most trafficking is done by someone known and trusted many victims of trafficking do not identify as victims. It is only years later, after time away from the situation, do they realize what happened to them. The mental coercion and trauma bonding that occur are often difficult to see when in the midst of it. And it can take years to unravel and heal from this. There is also no evidence to support that this would reduce trafficking. In countries where sex work has been fully decriminalized there has actually been an increase in trafficking (FACT: Decriminalising prostitution increases human trafficking – Nordic Model Now!).
Partial-decriminalization (also called the Equality Model or the Nordic Model) – those selling and purchasing would be arrested and prosecuted while those being sold would be supported as victims – is the model that has been proven to best support victims and decrease trafficking as well as the demand for trafficking. The Equality Model was developed by listening to survivors. In the countries that have implemented the Equality Model over the course of several years, the results are clear. Take Sweden, where the Equality Model was implemented in 1999. That country saw a 50% decrease in street prostitution and a significant decline in the number of men purchasing sex within two years after the law was implemented. Norway found that within five years after it adopted the Equality Model, street prostitution declined between 30-60%, and indoor prostitution declined between 10-20%. (Why the Equality Model? · Equality Model US)
As new legislation is being introduced in your state, we encourage you to be informed about what is being proposed. It’s important to understand the differences and what the outcomes from each model would be. Educate those around you. Write to your representatives and let them know what you support. If you have questions on what else you can do, how to get started, or want to learn more about trafficking and exploitation in general, please reach out to us – tanya@shessomebodysdaughter.org.
