Removal of criminal penalties for sex work
The decriminalization of sex work is the removal of criminal penalties for sex work (specifically, prostitution). Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is distinct from legalization (also known as the "regulationist" approach).
Advocates of decriminalization argue that removing the criminal sanctions surrounding sex work creates a safer environment for sex workers, and that it helps fight sex trafficking. Opponents of decriminalization argue that it will not prevent trafficking (or even increase trafficking) and could put sex workers at greater risk. Evidence demonstrates that decriminalization is an evidence-based harm reduction approach.
Organizations including: the Joint United Nations Programme on HIV/AIDS (UNAIDS), the World Health Organization (WHO), Amnesty International, Human Rights Watch, United Nations Population Fund (UNFPA), and the medical journal "The Lancet" have called on countries to decriminalize sex work in the global effort to tackle the HIV/AIDS epidemic and ensure sex workers' access to health services. Almost all organisations run by sex workers themselves around the world favour the decriminalisation of sex work, and it tends to be their main goal.
However, a European Parliament resolution adopted on 26 February 2014, regarding sexual exploitation and prostitution and its impact on gender equality states that, "decriminalising the sex industry in general and making procuring legal is not a solution to keeping vulnerable women and under-age females safe from violence and exploitation, but has the opposite effect and puts them in danger of a higher level of violence, while at the same time encouraging prostitution markets – and thus the number of women and under-age females suffering abuse – to grow."
Two countries have decriminalized sex work. In June 2003, New Zealand became the first country to decriminalize sex work, with the passage of the Prostitution Reform Act. The one remaining criminal law surrounding commercial sexual activities in New Zealand is a requirement to adopt safer sex practices. Despite decriminalisation, its sex industry is still controversial, with some issues remaining. In June 2022, Belgium became the first country in Europe and the second country in the world to decriminalize sex work.
Legal models of sex work.
There are a wide variety of legal approaches to regulating prostitution. NGOs, academics, and government agencies typically use five different models to organize the different approaches. Scholars have also used three-fold and four-fold classifications, and terminology may differ between studies. Some may equate the term "criminalisation" with "prohibition(ism)", while others regard all policies except "decriminalisation" as a certain degree of criminalisation.
Prohibitionism.
Hindle et al. (2008) stated: "Prohibitionism seeks to eliminate prostitution by criminalizing all aspects of the prostitution trade. Under this approach, prostitution is seen as a violation of human dignity. Criminal law and effective law enforcement are viewed as critical tools in reducing the number of individuals involved in prostitution." Kulick (2003) stated that prohibitionist models "criminalise the actual transaction of selling sex." Scoular (2015) noted that those taking a prohibitionist approach believe that the sex trade is a violation of moral (usually religious) beliefs, and seek "to deter parties from engaging in prostitution by punishing one (usually the female sellers) or, increasingly, both parties."
Abolitionism.
Hindle et al. (2008) stated: "Abolitionism is often described as the middle ground between prohibitionism and legalization. Advocates of this approach maintain that even though prostitutes may choose to enter the trade, it is nevertheless immoral. They believe that governments must take the necessary steps to allow prostitution to take place only as long as it does not infringe on public safety and order. Generally, abolitionists call for the criminalization of public solicitation." Kulick (2003) defined abolitionism as "a legal system that holds that prostitution in itself is not an offence, but the exploitation of the prostitution of others is; thus any third party recruiting, profiting from, or organising prostitutes is penalised."
Neo-abolitionism.
Neo-abolitionism, also called the Nordic or Swedish model, is used in Sweden, Norway, France and other countries. While selling sex is not criminalized under this approach, the buying of sex is illegal. Neo-abolitionists claim these models do not punish prostitutes, but instead penalize those who purchase sex from sex workers. This model is criticized for causing sex workers to do their business in areas with less police, which often makes it more dangerous.
Legalization.
Legalization is also referred to as "regulationist". In countries that legalize prostitution, it is no longer prohibited, and there is legislation to control and regulate it. The extent and type of legislation varies from country to country and may be regulated by work permits, licensing or tolerance zones.
Decriminalization.
Decriminalization is the removal of criminal penalties for sex work. In countries that decriminalize sex work, sex workers receive the same protection and recognition as workers in other industries. The very first line of the World Charter for Prostitutes' Rights, written and adopted by the International Committee for Prostitutes' Rights on 15 February 1985 at the first World Whores Congress in Amsterdam, states: "Decriminalize all aspects of adult prostitution resulting from individual decision."
Effects of criminalization.
Health.
According to the World Health Organization (WHO), sex workers are considered one of the key populations at risk for HIV infection, and sex workers who inject drugs are at even more risk due to unprotected sex, syringe sharing, alcohol or drug dependence, and violence. Stigma, poverty, and exclusion from legal social services have increased their vulnerability to HIV infection. Health risks and transmission of HIV as well as other sexually transmitted infections (STIs) are increased in incidences where condom usage and accessibility is limited or used to identify and criminalize sex workers. Many sex workers are managed by 'gatekeepers' who may be brothel owners, clients, or law enforcement figures, who often dictate condom usage. In Cambodia, a survey showed that 30% of sex workers who refused to put on condoms were sexually coerced. Fear of law enforcement and incarceration also discourages possession of condoms since they provide evidence for officers to prosecute and arrest. Evidence suggests that HIV risk can be sharply reduced when sex workers are able to negotiate safer sex. Decriminalization of sex work decreases the risk of HIV infection by breaking down stigma and increasing access to health services, reducing the risk of HIV/AIDS and STIs.
According to a 2020 study, criminalisation of sex work in one district in East Java, compared to neighbouring districts where sex work was not criminalised, increased the rate of sexually transmitted infections among female sex workers by 58%, made their income after leaving sex work lower on average, and their children more likely to begin working to supplement household income rather than go to school (as school expenses were harder to meet). A 2018 study found that the 2003–2009 decriminalization of indoor prostitution in Rhode Island led to reduced sexually transmitted infections (female gonorrhoea incidence declined by over 40%) and fewer rapes (reported rape offences fell by 30%). A 2017 study found that the introduction of legal prostitution zones in the Netherlands substantially reduced drug-related crime, sexual abuse and rape (the latter two by 30–40% in the first two years).
Violence.
According to a 2021 study, the openings of adult entertainment establishments (strip clubs, gentlemen clubs and escort girl services) in New York City were associated with a 13% decrease in sex crime one week after the opening (while having no impact on other forms of crime). The evidence suggests that potential sex offenders frequent such establishments rather than commit sex crimes.
Discrimination and stigma.
Sex workers experience significant stigma and discrimination as a result of criminalization. Though they consider sex work a legitimate income-generating activity, sex workers are viewed as immoral, deserving of punishment, and thus excluded from healthcare, education, and housing. Criminalization laws exclude sex workers from health systems that provide access to preventative care such as condoms and regular HIV or STI testing.
Human rights abuses.
Sex workers, as a population that suffers disproportionately from HIV/AIDS, are often denied many human rights such as the right to freedom from discrimination, equality before the law, the right to life, and the right to the highest attainable standard of health. A study conducted in more than 11 countries by Sex Workers' Rights Advocacy Network (SWAN) concluded that more than 200 sex workers have experienced violence and discrimination. These acts of violence toward sex workers often include abuse, rape, kidnappings, and sexual violence. Sex workers also face extortion and unlawful arrests and detention, which profoundly impact their mental, physical, and social wellbeing. It is difficult for sex workers to seek criminal justice when it is reported that many police officers are partaking in the sexual and violent abuse. In North Macedonia, police sexual assault towards sex workers is particularly high: 82.4 percent of sex workers were assaulted by police in 2007. Criminalization also forces sex workers to work in unsafe settings to avoid police detection which increases their risk of being forced of coerced into sex trafficking. Criminalization laws such as bans on buying, solicitation, and the general organization of sex work perpetuate an unsafe environment for sex workers, provide impunity for abusers, and prevent sex workers from reporting the crime to the police.
Poverty.
In countries where sex work is a crime, encounters with law enforcement and the judicial system can cause great financial difficulty for sex workers. Frequent arrests and legal fines may accumulate over time, and because a fair share of sex workers come from impoverished backgrounds anyway, the toll can be immense. In Washington, D.C., for example, a sex worker's first offense will result in a fine for as much as $500. The financial impact can then magnify over time after an encounter with law enforcement. Having a sex work offense on their record may complicate or completely prevent sex workers from acquiring housing. If a sex worker with a criminal record seeks employment in another industry, they may face discrimination or be disallowed from applying. 55% of Black trans sex workers who participated in a 2015 survey reported being unemployed, while 40% of trans sex workers had experienced gender discrimination when seeking employment.
Specific populations.
Male sex workers.
Over the course of the past several decades, the demand for male sex work has risen dramatically as people's opinions on not just homosexuality but prostitution as well have begun to change to look at both in a more favorable light. As society's opinions on homosexuality and prostitution have changed in different parts of the world, there has been a subsequent push for the changing of the laws and regulations regarding these matters in some countries, which have helped to increase the demand for male sex work around the world.
The demand for the decriminalization of sex work has also increased. Organizations like the Sex Workers Project, the Sex Workers Outreach Project, the International Committee on the Rights of Sex Workers in Europe, the Asia Pacific Network of Sex Workers, and the African Sex Workers Alliance all work internationally to fight for the rights of both male and female sex workers and for the decriminalization of sex work as whole. This reflects how much the atmosphere surrounding the decriminalization of sex work has changed in the past several decades, as none of the organizations listed above existed before the 1990s.
Similarly to female sex work, there is a long history of discrimination against male sex work, but for different reasons. Much of the sentiment against male sex workers has come from its association with homosexuality, which for much of history was not socially acceptable. Much of this anti-homosexual sentiment stems from the fact that traditionally the three major Abrahamic religions (Judaism, Christianity, and Islam) taught that homosexuality was sinful, citing Leviticus 18:22 where it states, "You shall not lie with a male as with a woman; it is an abomination" as the main reasoning for this belief. As a result, homosexuality was made illegal in many societies, and punishments were put in place for homosexual behavior.
Anti-homosexual sentiment still exists in some parts of the world. In some places, it is still illegal and punishable by death to be gay. For example, in countries like Yemen, Iran, Saudi Arabia, Mauritania, Nigeria, Brunei, Qatar, Pakistan, Sudan, United Arab Emirates, Somalia, and Afghanistan being homosexual is still punishable by death. In other countries, it is not punishable by death but is still illegal and is punishable in other ways. Punishment in these countries can range, 0–10 years, 10–life, and lashes/corporal punishment. Therefore, in many of these countries male sex