Adults who perform erotic acts or provide consensual sexual services regularly or irregularly in return for cash or commodities are referred to as sex workers. Sex workers can be from any gender that is Male, female, non-binary, gender non-conforming, transgender, or gender fluid. Sex workers are categorized according to different types that are Escorts who provide companionship typically in exchange for money, Prostitutes who engage in sexual acts in exchange for money, Massage Therapists who provide massage services typically in exchange for money; strippers who dance or perform in a sexually suggestive manner in exchange for money, and others such as Cam Girls, Phone Sex Operators, and Dominatrixe (Keshavarzian, 2021). sex workers engage in that business for various motives, including budgetary needs, a desire to set their schedules, a lack of other employment possibilities, or a desire to have control over their bodies and lives, for reasons why sex workers operate in this industry. Sex workers do not have a smooth ride in doing their business as they face many challenges, such as financial insecurities, health risks, stigmatization, harassment, and violence (Jackson, 2016). To curb this, many suggest criminalizing the sex work business, and instead of helping, it increases more problems. Also, to regulate the sex worker business, there have come some regulatory models, such as the Nordic model and others that pose more harm than good to the sex worker, as will be discussed. In this essay, I will argue that because of the criminalization of sex work, sex workers around the world are subject to sexual violence and assault, which violates their inherent right, in the course of their work, and how such violence against sex workers can be reduced by decriminalizing sex work.
Different models are used in various countries to regulate sex work, such as Legalization, Decriminalization, abolition, criminalization, and others (Armstrong, 2019). The Legalization and Decriminalization of sex work are two distinct methods of governing the sex business, and they look similar. The difference between the two is that Legalization is a law that enables the sex business to function within limited parameters, while Decriminalization is a measure that enables the sex business to be controlled similarly as other occupations by eliminating criminal sanctions (Keshavarzian,2021; Armstrong, 2019). The abolition model states that sex work is not criminalized, but behaviors related to sex work, such as solicitation or brothel-keeping, are criminalized (Krusi et al., 2014). This strategy aims to reduce demand for sex work by penalizing customers while providing assistance and resources to sex workers to assist them in leaving the profession. According to the criminalization model, sex work is entirely against the law, and clients and sex workers can be prosecuted(Armstrong, 2019). This model is frequently connected with high brutality, disgrace, and double-dealing, as sex laborers are compelled to work in mystery without admittance to legitimate securities.
Last but not least is the Nordic model, a controversial approach to regulating sex work since it is based on feminist principles. The Nordic model, also known as the “Swedish model,” was first produced in Sweden in 1999 and has since been embraced by different nations, including Canada, Norway, Iceland, and France (Kingston & Thomas, 2019). The Nordic model makes it illegal to buy sex, but it does not make it illegal to sell sex. As a result, clients who buy sex can be prosecuted, but sex workers themselves are not. In addition, if sex workers decide to leave the industry, the model provides them with support services like counseling and job training.
Given that it is founded on gender equality, the Nordic model is seen as feminist. Proponents of the approach contend that criminalizing the participating women would not effectively address the issue of violence against women because prostitution is a manifestation of that abuse. The concept is also predicated on the notion that selling sex is an exploitation of women and girls which is not a legal kind of employment. I want to argue against this model since it can lead to further discrimination and stigmatization of sex workers and increased violence against them. Another point is that criminalizing customers might make sex work riskier for sex workers since they might be obliged to do their jobs in more hazardous environments(Krusi et al., 2014). Moreover, the approach does not deal with the underlying issues that lead to prostitution, such as inequalities and poverty. It does not provide adequate assistance for sex workers who wish to remain in the field. Thus, due to the controversial model, it has been received differently in both Sweden and Canada, with Sweden being more supportive of it and Canada facing opposition. Nonetheless, there is continuous discussion in both nations over the model’s efficacy and moral ramifications.
Countries should at least utilize and use models such as Legalization and Decriminalization as they can significantly reduce sex work violence compared to other models. The Legalization of the sex industry is indeed a regulation that enables the sex business to function within specific parameters, employed in nations such as the Netherlands, where prostitution was legalized in 2000 (Keshavarzian,2021). Concerning Amsterdam, Sex workers must enroll with the city, pay taxes, and follow health and safety requirements. The city additionally offers social assistance, legal counseling, and health care to sex workers. Nevertheless, this method does not always result in the complete Legalization of sex work since some sex-related behaviors, such as solicitation, remain illegal. On the other hand, the Decriminalization of Sex work has been employed in Countries like New Zealand since 2003 (Armstrong, 2019). Sex workers are permitted to work in any job in New Zealand, provided they abide by the same rules and laws as all other professions. This strategy eliminates the stigma attached to sex work and enables sex workers to enjoy the same benefits as other employees nationwide.
Based on the essay’s aim, Although sex work serves as a means of earning money for many people, many of whom are from economically low-income families, sex work has indeed been criminalized in many nations. Sex workers are vulnerable to sexual assault from their customers and the general public since they work in private, confined places (Armstrong, 2019). As a result, sexual assault and violence against sex workers occur globally due to their positions, which is against their inalienable rights. Individuals believe they may treat prostitutes in any way because they believe they are sex trafficking victims (Jackson, 2016). According to a survey of two hundred and thirty-six Canadian sex workers, fifty-eight had been sexually assaulted or raped. Sexual workers are entitled to protection and have rights (Krusi et al., 2014). To guarantee that sex workers are guaranteed legal protection and have access to proper safeguards, decriminalizing sex work can help to prevent this violence.
Sex employment is illegal in most countries, particularly the United States of America and Canada (Emily et al., 2013). Sex workers now face assault and exploitation due to the illegality of their profession. This is because criminalizing sex work leaves sex workers without legal protection, leaving them vulnerable to harassment and manipulation. Due to the absence of legal protection, sex staff is more inclined to become violent victims when criminalized(Armstrong, 2019). Due to the stigma attached to sex work, it is particularly challenging for sex workers to ask the police or other authorities for assistance since they are worried about being detained or penalized for their employment. Violence against sex workers is often encouraged by unreported acts of violence.
Furthermore, the criminalization of sex work has resulted in the exploitation of sex workers. Since sex work has been criminalized, sex workers have limited access to workplace rights and protections(Armstrong, 2019). Without access to work freedoms, sex workers must depend upon manipulative work rehearses, including working in dangerous situations, getting given low salaries, or being compelled to perform under shifty agreements. Also, Criminalizing sex work prohibits its participants from setting their conditions of employment and defending themselves against harm (Jackson, 2016). The risks of sex workers only worsen when sex work is outlawed (TED, 2016). They are more vulnerable to violence as they cannot protect themselves against exploitation or seek legal remedies when they are victims of such abuse.
The criminalization of the profession negatively impacts the mental health of sex workers. This is because criminalization may make sex workers feel ashamed, guilty, and terrified since they continually worry about being detained or penalized for their profession (Hunt, 2013). They may become more vulnerable to violence due to mental health problems, including sadness and anxiety. The illegality of sex work can also prevent people from accessing healthcare services because those who engage in sex work may be reluctant to get medical care for fear of being criticized or jailed (Hunt, 2013). This may result in more issues with their physical and mental health, which would make them even more vulnerable to violence.
It is critical to legalize sex work in order to decrease violence against sex workers. The legal protection of sex workers and their access to proper safety precautions would be ensured by the Decriminalization of sex work(Hunt, 2013). As a result, sex workers would not have to worry about being detained or penalized if they reported violent events to the police. According to Kempadoo (2009), exploitative characteristics like violence and child abuse could be more successfully policed if sex work was recognized as a genuine occupation. In regards to health, sex workers’ well-being will be safeguarded as well. Decriminalizing sex work would also guarantee that those who engage in it are given access to labor rights and protections, making it simpler for them to safeguard themselves against exploitation and seek legal redress in the event of any mistreatment(Armstrong, 2019). Decriminalizing sex work would also guarantee that those who engage in it have access to healthcare facilities, allowing them to seek treatment if necessary.
According to my perspective, Decriminalizing sex work is the most efficient strategy to prevent sexual assault against sex workers is to decriminalize sex work. Since Decriminalization also aids in the reduction of stigma and prejudice against sex workers by fostering a secure and non – judgemental atmosphere for sex workers, thereby increasing their willingness to report any abuse they might encounter (TED, 2016).
The rebuttal argument is that it is crucial to understand that no one model or strategy will likely successfully lower abuse against sex workers. Many strategies are required to address the numerous and varied problems that might lead to violence in this community. It is crucial to employ a multifaceted strategy that considers the particular circumstances of each sex worker and the underlying factors that contribute to violence in their life (Kingston & Thomas, 2019). This strategy should combine restorative justice techniques, interventions for individuals directly harmed by violence, and preventative techniques. To guarantee that sex workers can receive services that fit their requirements, initiatives driven by sex workers and emphasizing harm minimization should be given priority.
To summarize, sex workers all around the globe face violence and exploitation as a result of the prohibition of sex work. Decriminalizing sex work would guarantee that sex workers are legally protected and have access to proper safety measures, reducing violence towards sex workers. As a result, governments must legalize sex work as it is one of the most effective strategies to prevent sexual assault against sex workers and also offer better safety to sex workers in order to prevent violence against them. Also, countries like Canada should follow in the footsteps of New Zealand, which employed Decriminalization and abolished the Nordic model due to more cons than pros. Sex workers are humans trying to make a living; thus, countries should support them rather than disappoint them and utilize good models such as Decriminalization which they will benefit fully.
References
Armstrong, L. (2019). Stigma, decriminalisation, and violence against street-based sex workers: Changing the narrative. Sexualities, 22(7-8), 1288-1308.
Emily, V. der M., Durisin, E. M., & Love, V. (2013). Selling sex: Experience, advocacy, and research on sex work in Canada. UBC Press.
Hunt, S. (2013). Decolonizing sex work: Developing an intersectional Indigenous approach. Selling sex: Experience, advocacy, and research on sex work in Canada, 82-100. https://www.antiviolenceproject.org/wp-content/uploads/2014/12/Hunt_Selling-Sex.pdf
Jackson, C. A. (2016). Framing sex worker rights. Sociological Perspectives, 59(1), 27–45.
Joulaei, H., Zarei, N., Khorsandian, M., & Keshavarzian, A. (2021). Legalization, Decriminalization or Criminalization; Could We Introduce a Global Prescription for Prostitution (Sex Work)?. International Journal of High Risk Behaviors and Addiction, 10(3).
Kempadoo, K. (2009). Sun, sex, and Gold Tourism and sex work in the Caribbean. Rowman & Littlefield Publishers.
Kingston, S., & Thomas, T. (2019). No model in practice: a ‘Nordic model’to respond to prostitution?. Crime, Law and social change, 71, 423-439.
Krusi, A., Pacey, K., Bird, L., Taylor, C., Chettiar, J., Allan, S., Bennett, D., Montaner, J. S., Kerr, T., & Shannon, K. (2014). Criminalization of clients: Reproducing vulnerabilities for violence and poor health among street-based sex workers in Canada–a qualitative study. BMJ Open, 4(6). H
TED. (2016, June 13). The laws that sex workers really want | Juno Mac [Video]. YouTube. https://www.youtube.com/watch?v=vc-n852sv3E&t=114s.
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