Rally to decriminalize sex work.

It's FRIDAY! And we're back with today's call-to-action. The movement to decriminalize sex work is far from new, but efforts reignited after the anti-Asian attack in Atlanta. Today, Diarra shares ways that we can join these initiatives in solidarity.

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By Diarra English (she/her)

Note: This article discusses sexual assault.

As more and more women are turning to sex work opportunities, especially during this time of a global pandemic, a need to repeal the 2018 Fosta-Sesta laws is on the rise. The laws were set during the Trump administration and the main goal was to prevent online sex trafficking. Currently, people like Sinnamon Love—a professional sex worker—are pushing for the Biden administration to decriminalize it under its criminal justice reform (Marketplace). Sex work is known as one of the most common offenses for women to make and can have repercussions related to health, safety, and quality of life for years to come. There are many grassroots organizations beginning to take action to push for the decriminalization of sex work. According to the ACLU, Black and trans women stand to benefit the most from the decriminalization of sex work because they are already disproportionately targeted not only by the police but also by violent patrons (ACLU).  


What the ACLU and other grassroots groups are trying to accomplish is full decriminalization of sex work for sellers, buyers, and “youth who participate in sex work, but not for adults who participate in exploit youth” (ACLU). By fully decriminalizing consensual sex work for both parties, sex workers will be far more likely to seek protective services such as STD testing, family planning services, and legal advice when clients aren’t respectful. Many sex workers and advocates have expressed the concern that sex workers are in constant fear of the police which prevents them from reaching out for help even when they are in dire situations (US News). Right now, when sex workers have conflicts with their clients, there is little to no protection for them, but the same is not true for the client. Where the sex worker is perpetually punished, the client is let go with a slap on the wrist.

This sad reality was exemplified in March in the wake of the anti-Asian attacks in Atlanta (Rolling Stone). The six Asian women who were killed were targets because of the intersection of their Asian heritage, immigrant status, and place of work (NPR). Asian women have long standing been at the convergence of fetishization and undesirability, making the Atlanta attacks that much more poignant. They proved what many have known all along: there is no protection. The burden almost always falls on the woman, further criminalizing her body and sexual autonomy. 


In the case of Black women sex workers, in particular, the burden lies entirely on her to prove she deserves protection not only from the law but also from clients. Historically, Black women have always been oversexualized and under-protected. During slavery, Black women’s sexuality was a direct link to their worth because of their ability to give birth to more people to enslave. This correlation between sexuality and commerce created the jezebel stereotype. Stemming from the Bible, a jezebel is an evil and immoral woman who uses her sexuality to manipulate men (Baptist News Global).


With the jezebel stereotype in place, it has been nearly impossible for Black women especially to be respected sexually. If a Black woman is raped, she was obviously asking for it because of her innate sexual nature. If she’s a sex worker, she should assume the risks that come with the profession and move on. None of these are okay assumptions to make, yet they’re made by society as well as the people Black women are supposed to be able to rely on to protect them. In any other profession, the business owner is protected. In sex work, that is not the case. 
 

Sex work has become imperative for many young people, especially Black, Brown, and trans women who need to pay essential bills such as rent but can’t secure steady traditional employment. Sites like OnlyFans have become increasingly popular over the last year because of the ability to earn money from sex work, but there are still plenty of women who rely on in-person sex work to pay their bills (Insider). For example, Dee is a transgender woman from Central America who lost her job at the beginning of the Coronavirus pandemic. In order to keep up with her rent, she turned to sex work until her neighbors called the police and she was subsequently charged with prostitution (CNN). If sex work were legal, Dee would have not only been able to pay her rent but, also directly, contribute to the economy through taxes and spending.

Eliza Orlins, an American lawyer from New York City, is on a mission to remove the stigma around sex work and decriminalize it all together as she runs for District Attorney of Manhattan. She notes that when sex work is completely decriminalized, sex workers will have better access to healthcare, police will be able to spend more time combatting true crime, and the United States will slowly move toward becoming more equitable in terms of business (Chicago Tribune).  According to a poll conducted by Data For Progress in 2020, 52% of Americans support the decriminalization of sex work (The Hill). Data for Progress also found that 49% of Americans support defunding vice policing of sex work: when plainclothes officers solicit sex workers, have sex, and then arrest them (VICE).


But what we truly need is complete decriminalization followed by vacated and commuted sentences for those already serving time for sex work offenses. It’s time to level the playing field when it comes to the business of sex, especially when it’s being conducted consensually. It is time to end the double standard, meaning when sex workers, especially Black and trans sex workers, are no longer prosecuted for something the average person does just as often.


KEY TAKEAWAYS


  • Sex work between two consenting partners should not be illegal.

  • Black and trans women are disproportionately affected by sex work being a criminal offense

  • Legalizing sex work would positively impact the economy and provide financial protection for sex workers.


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