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Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

Massachusetts Supreme Court Ruling Reinforces Key Distinction Between Sex Work and Human Trafficking

Boston, MA (May 6, 2025) — A recent ruling by the Massachusetts Supreme Judicial Court has clarified an important distinction in the state’s laws: responding to an advertisement for sexual services does not constitute human trafficking. The decision in Commonwealth v. Garafalo reinforces that trafficking laws are intended to target those who coerce, exploit, or manipulate others into commercial sex, not adults who voluntarily choose to engage in it.

This ruling is a crucial step in addressing the long-standing confusion between consensual adult sex work and trafficking. While human trafficking involves force, fraud, or coercion, consensual adult sex work is chosen freely by individuals. This distinction must be recognized to ensure that both trafficking victims and sex workers can receive the protection and justice they deserve.

“The decision is a major step forward in separating fact from fiction,” said Ariela Moscowitz, director of communications at Decriminalize Sex Work. “We cannot continue to treat all sex workers as victims or criminals, regardless of their circumstances. Trafficking is a serious crime, and consensual adult sex work is not the same thing. This ruling clarifies the law and brings us closer to a more just and effective approach.”

When sex work is criminalized, sex workers are pushed into the shadows, making them more vulnerable to violence, abuse, and exploitation. This harms both voluntary workers and trafficking victims by discouraging people from coming forward, seeking help, or reporting abuse due to fear of arrest. Decriminalizing consensual adult sex work would allow individuals to work more safely, access healthcare, and report abuse without the fear of legal repercussions.

“We must focus on prosecuting traffickers — those who prey on vulnerable individuals, using force, fraud, or coercion — not those engaged in a consensual transaction,” Moscowitz continued. “The law needs to reflect the difference between coercion and choice. This ruling makes that distinction clear, and it’s a necessary step for public policy reform.”

Advocates are calling on policymakers to follow the lead of the Massachusetts Supreme Judicial Court and address the critical issue of how the law treats sex work. Decriminalization, they argue, will ensure that sex workers are treated like legitimate workers, entitled to the same rights and protections as anyone else in the labor force. Where sex work has been decriminalized, sex workers and trafficking survivors are afforded human rights. Trafficking, exploitation, and violence against women decrease sharply. By separating sex work from trafficking, the law can focus on the real criminals — traffickers — while protecting the safety and rights of consensual adult sex workers.

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Decriminalize Sex Work (DSW) is a national organization pursuing a state-by-state strategy to end the prohibition of consensual adult prostitution in the United States. DSW works with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

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Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

States Introduce Harmful Legislation in Misguided Efforts To Combat Trafficking

New York, NY (February 11, 2025) — Lawmakers in 11 states are advancing controversial bills that target individuals involved in consensual adult sex work, exacerbating the criminalization of marginalized communities and reinforcing harmful stigma. Most of the bills focus on renaming solicitation of prostitution to “commercial sexual exploitation,” and increasing penalties for solicitation of prostitution, changes that will create more barriers to safety and resources for sex workers while failing to address the root causes of exploitation.

Key bills under consideration include:

* Washington HB1265: Renames “Patronizing a Prostitute” to “Commercial Sexual Exploitation,” elevating the offense from a misdemeanor to a Class C felony, with increased fees.

* Idaho HB88: Makes soliciting commercial sexual activity a felony, escalating from the current law that treats a first offense as a misdemeanor.

* Nevada AB151: Adds “solicitation for prostitution” by customers to the sex offender registry, making it subject to the same penalties as other sexual offenses.

* Kansas SB71: Increases penalties for purchasing sexual services and mandates “John school” diversion programs.

* New Jersey S4123/A1185: Elevates the penalty for prostitution as a patron and directs fines to a Human Trafficking Survivor’s Assistance Fund.

* Nebraska LB511: Creates the offense of “commercial sexual exploitation,” adds certain offenses to the sex offender registry, and establishes a grant program for law enforcement.

* Virginia HB2763: Increases penalties for repeat offenders of soliciting prostitution.

* South Carolina S235: Increases penalties for both prostitution and solicitation.

* Missouri HB224: Increases penalties for patronizing prostitution.

* Oklahoma SB869: Elevates all prostitution-related crimes to felonies.

* New Hampshire SB267: Introduces a mandatory $500 fine for engaging in prostitution as a patron, directing funds to a victims’ assistance fund.

Proponents of these measures conflate human trafficking with consensual adult sex work, misdirecting resources and enforcement efforts. “Conflating sex work with trafficking wastes vital law enforcement resources. By diverting time and funding to prosecute consensual adult sex work, the ability to focus on real trafficking cases is hindered, allowing true exploitation to go unaddressed,” said Ariela Moscowitz, director of communications at Decriminalize Sex Work.

Tens of thousands of people are arrested annually in the United States for prostitution and related charges. The majority of those arrested are adults who engage in consensual, victimless activities. Unambiguous data shows a clear correlation between laws that criminalize clients and an increase in violence, sexually transmitted infections (STIs), and exploitation within the sex trade. The increased criminalization of clients pushes sex work further underground and leaves workers vulnerable to harm. This not only increases their exposure to violence and health risks, but it also forces sex workers into reliance on potentially exploitative third parties to maintain their business while avoiding discovery.

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Decriminalize Sex Work (DSW) is a national organization pursuing a state-by-state strategy to end the prohibition of consensual adult prostitution in the United States. DSW works with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

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Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

Vermont Voters Support the Decriminalization of Sex Work

Montpelier, VT (September 12, 2024) — A recent statewide survey shows Vermonters strongly support the decriminalization of consensual adult sex work by more than 26% compared to those that think sex work should remain a crime (50–24). 26% of those surveyed remain undecided. The poll  found that Democrats/Progressives strongly support decriminalization with 62% in support and only 14% opposed.  Decriminalization is supported by one third of Republicans surveyed.  Decriminalization is strongly supported by voters ages 18-45 (59-24) These results closely reflect national trends.

58% of voters said that the government should stop expending resources to arrest adults for consensual prostitution. VT has recently implemented several policy changes supporting the basic human rights of sex workers and survivors of trafficking at both the state and city levels. In 2023, a new law was enacted prohibiting law enforcement from engaging in investigatory sex, which along with the state’s prohibition on custodial sex, now comprises the country’s most comprehensive ban on police sexual violence. In 2022, VT passed a ballot referendum that removed a ban on prostitution from the city charter in Burlington, VT, and a similar local ordinance also passed in Montpelier, the state capital. Laws that allow sex workers and survivors of trafficking to seek justice or medical care when they are victimized or witness a crime were enacted in 2022.

The survey also asked voters whether they would support decriminalizing the sale of sex, while keeping the purchase of sex illegal. Only 15% support this model of prohibiting prostitution, while 51% oppose it, and 34% are unsure. Lawmakers market “entrapment model” — also called the “Nordic model” or “equality model”  legislation as a means of curtailing prostitution and combating trafficking but countries that have implemented the entrapment model continue to see violence and exploitation perpetrated against sex workers.

“These poll results match what we’re hearing from Vermont voters daily,” said Henri Bynx, co-director of The Ishtar Collective, which supports survivors of exploitation and consensual adult sex workers throughout VT. “Half of voters support decriminalizing sex work, while one-quarter of voters are undecided and open-minded on the issue.  Also, voters disapprove of the entrapment approach to sex work, and aren’t thrilled about spending taxpayer money to arrest consenting adults said Henri Bynx, co-director of The Ishtar Collective, which supports survivors of exploitation and consensual adult sex workers throughout VT.

The poll, which surveyed 539 voters in Vermont, was conducted by  Public Policy Polling on September 4 and 5, 2024.

Decriminalize Sex Work
Decriminalize Sex Work is a national organization pursuing a state-by-state strategy to end the prohibition of consensual, adult prostitution in the United States. We work with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

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Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

Maine Voters Oppose Proposed Changes to Prostitution Laws

Augusta, ME (June 26, 2023) — Today Governor Janet Mills signed into law a bill, sponsored by Representative Lois Reckitt, that makes it legal for adults to sell sexual services but illegal for adults to buy sexual services. Maine is now the first and only state to enact the policy model referred to as the Nordic model, the Entrapment model, or the End Demand model. Lawmakers market this legislation as a means of curtailing prostitution and combating trafficking, while evidence from around the world shows it does neither. Amnesty International, Human Rights Watch, UNAIDS, the Global Alliance Against Traffic in Women, the UN Special Rapporteur on the Right to Health, the World Health Organization, and many other human rights groups have denounced the Entrapment model because because countries that have implemented it continue to see violence and exploitation in commercial sex proliferate.

The criminalization of buying and/or selling sex makes sex workers vulnerable to predators. Due to fear of arrest, people are hesitant to provide the information sex workers need to effectively screen individuals and separate predators from actual clients. Because criminalizing clients pushes the entire industry further underground, sex workers are more dependent on potentially exploitative third parties to help clients avoid discovery in order to keep their business, even if this risks exploitation. Sweden and Northern Ireland implemented Entrapment Model laws in 1999 and 2015, respectively. In both places, prostitution persists. A study released in Sweden in 2019 reports the unambiguous failure of the Entrapment Model to reduce demand for prostitution, to deter people from engaging in sex work, or to provide meaningful resources to victims of human trafficking in or out of the sex industry.

Proponents of this legislation claim that consensual adult sex work is inherently exploitative which is untrue. Enacting this legislation not only shows disregard for ample and unequivocal evidence, it also codifies the dangerous notion that adults do not have bodily autonomy and cannot consent to paid sex. “Lots of supporters of Entrapment model legislation are feminists who support bodily autonomy as it relates to abortion but do not think people should have that same right to bodily autonomy should they choose to engage in sex work,” said Rebecca Cleary, a staff attorney at Decriminalize Sex Work (DSW). “Entrapment Model laws are misguided and misinformed, driven by harmful and stigmatizing ideology and the false promise that they will abolish the sex industry.  Enacting this law will cause real harm to Maine’s most marginalized individuals. We will monitor the effects of the law closely to mitigate harm and ensure that no other states follow Maine’s unprecedented decision,” she continued.

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Decriminalize Sex Work (DSW) is a national organization pursuing a state-by-state strategy to end the prohibition of consensual adult prostitution in the United States. DSW works with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

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Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

Maine Voters Oppose Proposed Changes to Prostitution Laws

Augusta, ME (June 5, 2023) — A recent statewide survey shows Mainers overwhelmingly oppose legislation related to prostitution that passed the Maine House and will be heard in the Senate tomorrow. LD 1435, “An Act to Reduce Commercial Exploitation,” sponsored by Representative Lois Reckitt proposes to make it legal for adults to sell sexual services, but illegal for adults to buy sexual services. When asked if they support or oppose this proposed law, only 12% of Mainers stated they support it while an overwhelming 55% oppose it. 33% percent were unsure.

LD1435 is one of only three bills that have been introduced in the country this year that proposes enacting the policy model referred to as the Equality Model, the Nordic model, the Entrapment model, or the End Demand model. Lawmakers market this legislation as a means of curtailing prostitution and combating trafficking, while evidence from around the world shows it does neither. Countries that have implemented the entrapment model continue to see violence and exploitation in commercial sex.

Proponents of this legislation claim human trafficking and consensual adult sex work are indistinguishable, which is untrue. “When sex work and trafficking are conflated, law enforcement and other state resources are misappropriated. Money and time is used to prosecute any prostitution-related crimes, limiting resources that could be otherwise fully focused on trafficking investigations,” said Rebecca Cleary, staff attorney at Decriminalize Sex work. Notably, of Mainers who know someone who has been trafficked into the commercial sex industry, 48% oppose the policy model proposed by LD 1435, while only 11% would support it.

Because criminalizing clients pushes the entire industry further underground, sex workers are more dependent on potentially exploitative third parties to help clients avoid discovery in order to keep their business, even if this risks exploitation. Sweden and Northern Ireland implemented Entrapment Model laws in 1999 and 2015, respectively. In both places, prostitution persists. In Northern Ireland, a 2019 review of the impact of the legislation found no decrease in demand, leading the Department of Justice to label the policy ineffective. A study released in Sweden in 2019 reports the unambiguous failure of the Entrapment Model to reduce demand for prostitution, or to deter people from engaging in sex work, or to provide meaningful resources to victims of human trafficking in or out of the sex industry.

The poll, which surveyed 538 registered voters in Maine was conducted by Public Policy Polling on May 24 and 25, 2023.

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Decriminalize Sex Work (DSW) is a national organization pursuing a state-by-state strategy to end the prohibition of consensual adult prostitution in the United States. DSW works with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

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Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

Sex Worker Rights Organizations Challenge Constitutionality of Federal Law That Criminalizes Free Speech

Washington, DC (September 15, 2022) — Decriminalize Sex Work (DSW), joined by eleven other organizations working to ensure the health, safety, wellbeing, and human rights of sex workers and survivors of trafficking, filed a new Amicus brief supporting the appellants in a federal case challenging the criminalization of protected speech. The Stop Enabling Sex Traffickers and Fight Online Sex Trafficking Acts (SESTA/‍FOSTA), which became law in 2018, damage the longstanding “safe harbor” rule provided by Section 230 of the Communications Decency Act, which protects freedom of speech on the internet. Individuals depend on this freedom to work, socialize, and exchange ideas online.

Woodhull Freedom Foundation et al. v. United States argues that SESTA/FOSTA is an unconstitutional violation of the First and Fifth Amendments. The case, filed in 2018, has again reached the U.S. Court of Appeals for the District of Columbia. DSW’s Amicus brief details the historical and political contexts that have bred misguided anti-trafficking policies and laws built on the conflation of sex work and trafficking. The law’s failure to differentiate between the two has injured sex workers and survivors. “Both qualitative and quantitative evidence show that SESTA/FOSTA has caused immense harm to already marginalized and vulnerable communities, without advancing its purpose to combat trafficking. It must be repealed,” said Rebecca Cleary, DSW staff attorney and attorney for Amici Curiae.

Proponents of the law argue that fighting human trafficking, a heinous and violent crime, is worth broad internet censorship. However, the law, as written, fails to punish traffickers. Three years after it was enacted, the Government Accountability Office (GAO) found that it was an abject failure. Free speech, internet rights advocates, and law-enforcement officials have protested the law. Instead of combating trafficking, SESTA/FOSTA:

* Endangers trafficking survivors and sex workers
* Impedes law enforcement’s efforts to find victims and prosecute traffickers
* Censors free speech on the internet and endangers the livelihoods of informal service sector workers

The brief concludes, “SESTA/FOSTA is the shining example of what happens when policymakers conflate sex work and human trafficking: trafficking numbers remain the same, victims get left behind, and those facing the greatest consequences are not traffickers but already marginalized communities.” Amici curiae include DSW, The Sex Workers Project of the Urban Justice Center, Freedom Network, Brooklyn Defender Services, The Erotic Laborers Alliance of New England, Old Pros, National Coalition for Sexual Freedom, New York Transgender Advocacy Group, Free Speech Coalition, Sex Workers Outreach Project Brooklyn, Gays and Lesbians Living in a Transgender Society (GLITS), and St. James Infirmary.

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Decriminalize Sex Work (DSW) is a national organization pursuing a state-by-state strategy to end the prohibition of consensual adult prostitution in the United States. DSW works with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.

NEWS RELEASE | FOR IMMEDIATE RELEASE | PDF

Media Contact:
Ariela Moscowitz, director of communications
[email protected] | (212) 368-7874

Montpelier, VT (January 31, 2022) — A recent statewide survey shows Vermonters support the decriminalization of sex work by more than 13% compared to those that think sex work should remain a crime (46–33). 21% of those surveyed remain undecided. The poll found that Democrats are far more supportive (50–24) of decriminalization than Republicans (30–57). Individuals over the age of 65 are least in favor of reform, while those between the ages of 18 and 45 are most supportive of decriminalization followed by those between the ages of 46 and 65. These results closely reflect national trends.

Evidence supporting the numerous benefits of decriminalization continues to surface. Sex workers, academics, human-rights activists, and public-health experts are increasingly calling on legislators to consider the facts around decriminalization, which demonstrate increases in public health and safety and decreases in exploitation.

On January 14, 2022, Representatives Colburn of Burlington and Kornheiser of Brattleboro, along with eleven other legislators, introduced H.630, an act relating to voluntary engagement in sex work. The bill, citing research and evidence proving the many deleterious effects of criminalization, cultural changes in the century since laws prohibiting prostitution were enacted, and “Vermont’s commitment to personal and bodily autonomy” proposes to decriminalize consensual adult prostitution while reinforcing laws against human trafficking.

The survey also asked voters whether they would support decriminalizing the sale of sex, while keeping the purchase of sex illegal. Only 13% support this model of prohibiting prostitution, while 61% oppose it, and 26% are unsure. Bills proposing this “entrapment model” — also called the “Nordic model” or “equality model” — have been introduced in the New York, Massachusetts, and Maine state legislatures. Lawmakers market this legislation as a means of curtailing prostitution and combatting trafficking, while evidence shows it does neither. Countries that have implemented the entrapment model continue to see violence and exploitation perpetrated against sex workers.

Most individuals involved in selling and buying sex are consenting adults. Sex work is not inherently dangerous or exploitative, but criminalization puts sex workers at risk and creates conditions that allow for trafficking to proliferate. “The decriminalization of sex work has reduced exploitation where and when it has been implemented,” said J. Leigh Oshiro-Brantly, co-founder of The Ishtar Collective, Vermont’s only organization run by and for sex workers and survivors of trafficking and research and project manager at Decriminalize Sex Work. “Unambiguous data from around the world shows a clear correlation between laws like the equality or entrapment model and an increase in violence and exploitation within the sex trade,” they continued.

The decriminalization of consensual adult sex work, a critical component of criminal legal-justice reform, has gained considerable traction amid a nationwide reckoning with the dangers of over-policing, a ballooning prison population, and cries for immediate changes to the criminal justice system.

The poll, which surveyed 616 registered voters in Vermont, was conducted by Public Policy Polling on January 17 and 18, 2022.

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Decriminalize Sex Work (DSW) is a national organization pursuing a state-by-state strategy to end the prohibition of consensual adult prostitution in the United States. DSW works with local organizations, advocates, and lobbyists to build community support and convince legislators to stop prostitution-related arrests. Evidence shows that decriminalizing sex work will help end human trafficking, improve public health, and promote community safety.