Category: DSW Newsletters

Fears that large sporting events fuel spikes in rates of human trafficking are unfounded. Every February, the rumor that the Super Bowl is a giant human trafficking hub is voraciously circulated by law enforcement, the government, and the media. Yet, time and time again, research continues to find absolutely no correlation between the Super Bowl and human trafficking.

“Fact or Fiction: Sex Trafficking, Sex Work, and Human Rights at the Super Bowl,” a report compiled by attorneys and researchers at Decriminalize Sex Work (DSW), Woodhull Freedom Foundation, and SOAR Institute, found that the perpetuation of the “Super Bowl sex trafficking myth” uses rhetoric that equates consensual adult sex work and human trafficking, which is known to be dangerous. By conflating these two very different phenomena, the discourse encourages the prohibition of prostitution at the expense of sex workers, survivors of human trafficking, and entire communities.

Evidence has conclusively found that the decriminalization of sex work, rather than prohibition, helps to reduce stigma and violence directed at sex workers, improves public health, and helps combat human trafficking.

The conflation of sex work and human trafficking often leads to victims of trafficking being prosecuted for crimes that they were forced to commit. Convictions for these crimes prevent survivors from accessing critical social resources when attempting to recover from being exploited. It also encourages law enforcement to target sex workers under the guise of preventing trafficking. Research shows that increased policing is a threat to the safety of sex workers.

Current prostitution and anti-trafficking laws make it difficult for victims and witnesses to report exploitation without risking prosecution. When innocent people are arrested and prosecuted, victims face barriers to services, and exploitation proliferates in the black market.

The myth that human trafficking spikes during the Super Bowl occupies an unwarranted amount of space in media discourse and policy responses around the event. This wastes the resources of law enforcement and encourages over-policing, which erodes trust between law enforcement and communities.

While the perpetuation of the Super Bowl sex trafficking myth is incredibly harmful, it continues to spread for four main reasons.

1. As a fundraising strategy for nonprofits wanting to abolish sex work under the guise of fighting trafficking.

2. As a method of virtue signaling by national and local governments taking a stand against human trafficking.

3.  As a way to grab media and public attention for the issue of anti-trafficking.

4. As justification for social control measures such as increased policing and migration controls based on anti-prostitution ideology.

Human trafficking is a critical human rights concern that warrants effective and concerted policy responses. Rather than increasing the policing of prostitution around the Super Bowl, DSW, SOAR Institute, and Woodhull Freedom Foundation suggest the following alternative policy solutions:

1. Create evidence-based public education campaigns around human trafficking that reduce stigma and provide resources for those who are suffering exploitation.

2. Encourage states and municipalities to pass immunity bills to provide sex workers and trafficking survivors the right to report crimes committed against them without facing prosecution.

3. Develop study commissions made up of impacted community members, service providers, public health experts, and law enforcement to study the impact of current policies around human trafficking and sex work and make further recommendations.

4. Conduct mandated and standardized training for law enforcement in all jurisdictions on the critical differences between sex work and trafficking, as developed by the aforementioned study commissions.

5. Fully decriminalize consensual adult sex work, in order to reduce rates of STI transmission and violent crime and to increase law enforcement’s ability to detect and address trafficking.

6. Devote government funds previously used to arrest and incarcerate consensual adult sex workers to provide stigma-free social services and resources for those engaged in sex work and to fight all kinds of human trafficking, including labor trafficking cases that often go undetected.

Senator Julia Salazar has introduced Senate Bill S4396, or the Stop Violence in the Sex Trades Act (SVSTA) in New York. The bill would decriminalize consensual adult prostitution offenses and amend provisions relating to the prosecution of such offenses and vacating judgments.

SVSTA’s co-sponsors include Senators Jabari Brisport, Kristen Gonzalez, Cordell Cleare, Robert Jackson, Zellnor Myrie, Jessica Ramos, Gustavo Rivera, and Luis R. Sepúlveda.

The criminalization of sex work has jeopardized the lives of sex workers in New York for far too long. The criminalization of sex work is associated with increased risk of sexual and physical violence at the hands of clients, third parties, and domestic partners. Criminalization also encourages increased policing among vulnerable communities, resulting in arrests and police brutality. Studies conducted in New York have shown that prostitution-related arrests disproportionately affect Black, Asian, and Hispanic individuals.

SVSTA amends and repeals several existing statutes and penal codes so that consenting adults who trade sex, collaborate with, support, or patronize adult sex workers aren’t criminalized. In addition, the bill allows individuals to trade sex in spaces where legal business is permitted while upholding that maintaining exploitative workplaces where coercion and trafficking take place is a felony.

Presently, New York state law has more than two dozen anti-prostitution penal codes. About half of these codes target sex work between consenting adults, and the other half focus on trafficking, the exploitation of minors, and coercion into commercial sex. SVSTA upholds all felony anti-trafficking statutes that are designed to hold traffickers accountable.

SVSTA was first introduced in 2019, and advocates of decriminalization are pushing for its passage once again. Activists, advocates, and allies will gather in New York’s capital city of Albany on March 1 to lobby in support of the bill.

Decriminalize Sex Work (DSW) has been actively involved in DecrimNY, a coalition that has been working hard in preparation for the lobby day next week. In the weeks leading up to the event, DecrimNY has hosted a handful of virtual lobby trainings with the goal of preparing attendees. The trainings included background on sex work in New York and the positive impact that SVSTA would have, as well as a briefing on the legislative process, how lobbying works, and how to lobby effectively.

The passage of SVSTA would be monumental in the fight for the rights of sex workers and victims of human trafficking across New York, a battle that has been ongoing for many years.

The decriminalization of sex work is crucial to the health and safety of sex workers and their communities. The passage of SVSTA would be an enormous step forward for sex worker rights, racial justice, LGBTQIA+ rights, and human rights in general.

Follow @decrimNY and @decrimsexwork on Instagram and @decrimNY and @DecrimSex on Twitter to keep up with lobby day updates. Show your support for SVSTA by sharing posts using the hashtag #SVSTA!