Category: DSW Newsletter #42 (November 2022)

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Carol Leigh was a force for good in this world — joyful, kind, welcoming, compassionate, caring, brilliant, and loving. Her memory and her legacy will remain an eternal force for good.

For those who knew Carol, it is impossible to think of her without smiling, even as we mourn this tremendous personal and collective loss of a true visionary and heroine.

I had the honor of meeting Carol while still in law school — it was the fall of 2005 and we were both part of a small contingent of sex workers’ rights attendees at the second annual Toledo International Human Trafficking and Social Justice Conference. It has been said that you should never meet your heroes — but with Carol, it was the opposite. I had idolized her work, having read Unrepentant Whore: The Collected Works of Scarlot Harlot and followed her Sex Worker Film and Art Show from afar. I also knew that she had famously coined the term “sex work,” changing the narrative history of the fight for sex workers’ rights forever.

Yes, she was brilliant and accomplished and did so much for the movement; but it was her absolute warmth and humility and kindness that eclipsed all. I have never met anyone like her — just pure love and acceptance. Being with her was like being embraced in a long warm consensual hug. You felt kinder and more loving in her presence — her love was infectious and other-worldly.

Over the next 17 years, I had the honor of connecting with her many times at sex workers’ rights summits across the country and on the phone, and she never wavered in her undying support and enthusiasm for fellow advocates. If there was in-fighting, she fought harder for unification; if there was a strategy disagreement, she turned to those who were the most impacted to figure out the best course of action; and if someone was struggling with how to do something, she immediately offered guidance and support.

Carol was — and will remain — a mother figure for the sex workers’ rights movement.

When we find ourselves lost or in conflict with other advocates or searching for an answer, we only have to think “What would Carol do?” and the answer will come because it will be infused with pure love. May her memory be a blessing and a revolution.

Carol may not have seen decriminalization of prostitution in her lifetime, but she sure as hell laid the groundwork for all of us who continue to fight in her name and her spirit. None of us who do this work would be here without her trailblazing the path — in the loving, fun, and hilarious way that only she could!

Written by Melissa Broudo

When an individual is arrested, the consequences seem obvious. But what happens after the fines are paid, the time is served, and the probation ends?

This is where collateral consequences come in.

Collateral consequences are legal, economic, and social restrictions indirectly imposed on individuals with criminal records. These consequences are “collateral” in the sense that they aren’t part of the judgment or sentence in a criminal case.

According to the National Inventory of Collateral Consequences of Conviction, which is maintained by the Council of State Governments Justice Center, there are currently over 900 possible collateral consequences of criminal charges under federal law.

When nonviolent activities such as consensual adult sex work are criminalized, innocent lives are ruined.

Here are a few examples of some of the most common collateral consequences after arrest.

Employment Issues

Many employers have barriers in place to block the hiring of people with criminal convictions, making it difficult for them to find jobs after they’ve been released from their sentences. Without the ability to work, criminalized individuals find it difficult to reintegrate to society both for financial and social reasons. It hinders their opportunity to make a living and attain self sufficiency.

A 2009 study found that applicants with a criminal record are 50% less likely to receive a callback or job offer than applicants without a criminal record.

Housing Eligibility

Due to lack of employment opportunities for formerly incarcerated individuals, many find themselves returning to low-income communities. The National Low Income Housing Coalition estimates that only 35 affordable rental units exist for every 100 “extremely-low income” households.

In addition, federal laws prohibit certain criminalized individuals from living in public or subsidized housing, and private housing providers often implement policies that restrict individuals with arrests or criminal convictions.

These circumstances push many criminalized individuals directly into homelessness.

Public Benefits

As previously established, individuals reentering society after incarceration often lack the support they need to be self-sufficient. Facing barriers in finding employment and housing means they may need temporary assistance until they can secure a job to meet their basic financial needs. They may require access to resources such as SNAP, TANF, rehabilitation, mental health counseling, disability assistance, and more.

However, many current laws prohibit states from providing public assistance to certain criminalized individuals.

Voting Rights

Here in the United States, we value our right to participate in a democratic society. Yet, many states restrict the voting rights of people with criminal records through a practice known as felony disenfranchisement.

In October 2020, it was estimated that 5.1 million citizens were denied the right to vote due to their criminal status. That’s 1 in 44 citizens.

This map shows up-to-date data concerning felony disenfranchisement state by state.

Disruption of Family Dynamics

The collateral effects of incarceration aren’t limited to individuals who have been arrested. 52% of individuals incarcerated in state and 63% of individuals incarcerated in federal systems are parents of minor children. This means that thousands of American children face the collateral consequences of criminalization daily. This includes their parents’ lack of access to stable income, education, job training, and housing. Incarceration also places significant strain on the health of parent/child relationships, often leaving young children traumatized and unstable.

Many sex workers are parents, and like the rest of us, they rely on their work to provide for their children. In fact, studies show that sex worker parents are extremely dedicated to their children. Criminalizing sex work punishes these parents and children for their existence.

Immigration Issues

Non-citizens of the United States, documented or not, face their own unique consequences when it comes to criminalization. In addition to everything listed above, immigrants face the threat of deportation upon arrest.

These consequences are faced daily by sex workers nationwide due to the criminalization of consensual adult sex work. To learn more about why we should decriminalize sex work, read this.

Laws governing commercial sex have been significantly researched for their impact on public health and safety. Conclusive data on violence, exploitation, and sexual health from around the world supports the following conclusions:

1. Full decriminalization of sex work supports community health and safety. A 2018 Johns Hopkins Bloomberg School of Public Health meta-analysis reviewed over 130 studies conducted over 30 years and discovered the following:

* Repressive policing practices around sex work were associated with increased risk of sexual and physical violence at the hands of clients, third parties, and domestic partners.

* Sex workers exposed to these policing practices were put at increased risk of infection with HIV and other STIs, and more likely to have condomless sex.

* Repressive policing of sex workers, their clients, and/or venues disrupted sex workers’ support networks, workplace safety, and risk reduction strategies.

2. Full decriminalization of sex work has reduced exploitation where and when it has been implemented.

* New Zealand passed the Prostitution Reform Act (PRA) in 2003, fully decriminalizing sex work for New Zealand nationals. According to a study conducted by the Global Alliance Against Traffic in Women (GAATW), there was no evidence of human trafficking among populations where sex work had been decriminalized between 2003 and 2018. Trafficking of migrant sex workers, who are not legally permitted to work under the PRA, persists. Reformers are pushing for the law to decriminalize sex work among migrants as well.

* Rhode Island inadvertently decriminalized indoor prostitution in 1980 in an attempt to make laws governing sex work more specific. In 2003 the loophole was noticed by lawmakers and indoor sex work was re-criminalized in 2009. A study published by the National Bureau of Economic Research found that during the six-year window, when sex workers knowingly worked under the safety of decriminalization, the number of rapes reported in Rhode Island diminished by 31 percent and the statewide incidence of gonorrhea diminished by 39 percent.

The decriminalization of sex work is supported by many notable public health organizations, including the World Health Organization, UNAIDS and the Human Rights Campaign.