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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.

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