Laws against sex workers promote danger, vulnerability

By: Brooklyn Middleton / Staff Writer

In issues of sex work, there is an utter lack of humanity and empathy that stems from laws that not only make sex workers criminals but also increases stigmatization and marginalization.
Inexplicably, American society does virtually nothing to protect the human rights and ensure the safety of sex workers. It is not until there is a media frenzy surrounding a potential serial killer of sex workers that Americans turn their heads towards the issue.  Even then, sex workers are shamed for their professions and given little resources to cope with abuse .

On Jan. 24, 2011, police identified the bodies of four young women found on a Long Island beach.   All of them were sex workers who lived in the New York area and had advertised their services on Craigslist.  This is the most recent tragedy of sex workers being victimized, and it is demonstrative of why there needs to be a drastic rethinking of sex work laws.

The illegality of sex work possesses inherent risks that make sex workers vulnerable to exploitation, abuse and murder.  The more underground and illegal a profession is, the more seedy, dangerous and prone to exploitation it will be.  I would like to argue that the illegality of the work that is perpetuated and supported by laws contributes to the dehumanization of sex workers, thus leading to a flawed perception that sex workers are disposable, even subhuman.

Gary Leon Ridgway, a serial killed who brutally murdered 48 sex workers and, prosecutors often think, many more, gave an explanation as to why he chose women in this profession as his victims.  CBS News quotes Ridgway as saying, “I picked prostitutes as my victims because I hate most prostitutes and I did not want to pay them for sex.  I also picked prostitutes as victims because they were easy to pick up without being noticed. I knew they would not be reported missing right away and might never be reported missing.”

This view, while disturbing, is actually a perspective that bears analysis, as it provides a basis for one of the fundamental reasons sex workers are so often victimized.  The “unnoticeable” nature of sex work is problematic and exactly what makes sex workers so easy to victimize. This brings me to my point about how the illegality of sex work does nothing to protect women.

The patriarchal notion of lawmakers and even feminists asserting that sex workers are victims of circumstance, poverty and drug addiction and are forced into sex work is an interesting point.  The complexities of sex work absolutely possesses these elements and thorough and effective outreach to these women is crucial.  However, the legal system fails to protect sex workers.

If the legal system gave a damn about “protecting” these women, there wouldn’t be implementations of laws that paint these women as criminals and brand them with convictions that not only legally affect them, but also socially stigmatize them. Furthermore, the profession would be heavily regulated and limitless access to reproductive health would be given.

The assertion that criminalizing sex work “protects” women in any way is illogical; it only drives their work into silence and gags them from reporting crimes. Until a revolution not just in the political and legal environment surrounding sex work but also in the stigmatization of sex work, occurs, sex workers will continue to be victimized and preyed upon. That is truly a crime.

3 Comments on "Laws against sex workers promote danger, vulnerability"

  1. “Inexplicably, American society does virtually nothing to protect the human rights and ensure the safety of sex workers.”

    I can explain it: society shuns it. Its immoral to many, a disgusting crime that has little to do with exploitation of poor, downtrodden men and women and everything to do with lascivious greed. For others, its the prostitute’s choice: s/he made the bed, and now has to sleep in it (couldn’t help myself). Why should society care about these obviously flawed individuals, when there are other honest people struggling?

    “The more underground and illegal a profession is, the more seedy, dangerous and prone to exploitation it will be.” Basing this on…?

    “I would like to argue that the illegality of the work that is perpetuated and supported by laws contributes to the dehumanization of sex workers,” I feel like I’ve been hit by a word train.

    “This brings me to my point about how the illegality of sex work does nothing to protect women.” Is that why prostitution was made illegal, to protect women?

    “If the legal system gave a damn about “protecting” these women, there wouldn’t be implementations of laws that paint these women as criminals and brand them with convictions that not only legally affect them, but also socially stigmatize them.” Laws are meaningless if they aren’t backed up by some kind of force.

    “Furthermore, the profession would be heavily regulated and limitless access to reproductive health would be given.”

    An argument for legalization? If lawmakers deem that prostitution is intrinsically harmful and against society, moral order (as opposed to just the way prostitution currently exists) then no amount of regulation will ever suffice.

    “If the legal system gave a damn about “protecting” these women” I could be wrong but I don’t think the laws exist to protect the women, but to protect society from these women.

    • You lost me once you referred to sex workers as “obviously flawed individuals.” Your notion that all sex workers are flawed and obviously broken perpetuates the myth that… well, all sex workers are flawed and obviously broken. Let me enlighten you to a little fact: blanket generalizations about people and specifically people who chose a certain profession rarely mirror any sort of basis or truth. Like any other profession, sex work has dishonest individuals as well as honest individuals.

      “The more underground and illegal a profession is, the more seedy, dangerous and prone to exploitation it will be.” Basing this on…?” Um.. sex work? The rate of STI’s and crimes against sex workers is far less in places where sex work is legalized and regulated. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1745044/pdf/v081p00434.pdf

      Society needs to be protected from sex workers? Society needs protection from voluntarily paying someone to have sex with them? You don’t see how this is ultimately a complete waste of time and tax dollars to enforce these laws?

      Why not pour that money and energy into combatting sex trafficking and underage prostitution?

      • “You lost me once you referred to sex workers as “obviously flawed individuals.” Your notion”

        Its not my notion. I was offering up an explanation, and speaking on behalf of society. To me it seems to be the popular perception. Flawed or not, wrong or right, I was simply pointing out how I think prostitutes are perceived by the general population.

        As far as STIs, that seems reasonable. And yes, moving away from pimps certainly removes an aspect of danger, as well as not having to deal with johns in cars and dark areas. Having it regulated in brothels would provide more safety to the workers.

        “Society needs to be protected from sex workers? Society needs protection from voluntarily paying someone to have sex with them? You don’t see how this is ultimately a complete waste of time and tax dollars to enforce these laws? ”

        Again, it comes down to what the norms in society are, and what world people want to live in. For many, especially those with a Christian background, prostitution is diametrically opposed to their world view. They don’t want to live in a place where its legal, even if its not in plain sight.

        There is also the belief that legalizing it is giving up. This same mentality is seen with legalization of drugs, especially more innocuous ones like marijuana. Some believe that legalizing is a concession, which is a form of weakness in addition to sending the wrong statement: an endorsement. For many, legalizing is tantamount to an endorsement.

        I am simply pointing out how I can see the rationale behind people who disagree.

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