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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.

NEWS RELEASE | FOR IMMEDIATE RELEASE | PDF

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.