Vermont Introduces S.54 and H.190 To Decriminalize Consensual Adult Sex Work

Vermont lawmakers recently introduced two bills — S.54 in the Senate and H.190 in the House — that would decriminalize consensual adult sex work. Introduction of these bills builds on a series of legislative and local changes in the state over the past several years.

In 2021 Vermont passed an “immunity law,” allowing sex workers and survivors of trafficking to seek police assistance or medical care without fear of their own arrest, making it easier for individuals in these situations to access help when needed, and equipping law enforcement with additional information and tools to catch abusers.

Following that, in 2022, both Burlington and Montpelier made changes to their city charters and ordinances. Burlington voters approved a referendum that removed a ban on prostitution from the city charter, a move that was later signed into law by the governor. Shortly after, Montpelier also removed a similar ban from its city ordinances. These changes reflected local recognition that criminalizing sex work leads to stigma that makes it difficult for sex workers and survivors of trafficking to live freely, safely, and with dignity.

In 2023, Vermont lawmakers passed a law banning law enforcement from engaging in investigatory sex, which, alongside the state’s existing ban on custodial sex, became the most comprehensive legal framework in the country addressing police sexual violence. The law provides that “no law enforcement officer shall engage in … sexual conduct with a person whom the officer is detaining, arresting, or otherwise holding in custody or who the officer knows is being detained, arrested, or otherwise held in custody by another law enforcement officer,” as well as “with a person whom the officer is investigating pursuant to an open investigation; knows is being investigated by another law enforcement officer pursuant to an open investigation; or knows is a victim or confidential informant in any open investigation.”

Building on this momentum, the introduction of S.54 and H.190 marks a continued effort to reform sex work laws by legislators and advocates. Since 2021, similar bills to decriminalize consensual adult sex work have been introduced each legislative session, reflecting the ongoing conversation around this issue in Vermont. If S.54 or H.190 passes, Vermont would be the first state to decriminalize consensual adult sex work. Decriminalize Sex Work (DSW), along with The Ishtar Collective and other local advocates, has been actively involved in the passage of these reforms.