DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

October 13, 2022

DSW Legal Director Melissa Broudo and Staff Attorney Becca Cleary traveled to Puerto Rico to participate in the 13th biennial conference hosted by the National Harm Reduction Coalition (NHRC). The NHRC describes its gathering as “… the only conference of its kind in the United States. For four days, some of the most creative minds from the U.S. and abroad come together to address a myriad of complex issues facing the harm reduction movement.” The conference attracts advocates, activists, service providers, legislators, researchers, public health officials, and law enforcement interested in working towards a more just and equitable society and reducing the harms caused by structural violence, racialized policies, and the failed war on drugs.

Ceyenne Doroshow, Melissa Broudo, and Ciora Thomas discuss decriminalization.

Ceyenne Doroshow, Melissa Broudo, and Ciora Thomas discuss decriminalization.

Cleary and Broudo staffed a booth at the conference to connect with and educate attendees about the urgent need to decriminalize consensual adult sex work. The decriminalization of sex work is a core tenet of the harm reduction movement and shares many of its principals. The NHRC says that “advocating for legislation that protects sex workers rights is central to our mission.”

Broudo joined Ceyenne Doroshow, an author, activist, organizer, performer, and public figure in the trans and sex worker rights movements, and Ciora Thomas, founder and director of Sisters PGH, a trans rights housing organization in Pittsburgh, for a panel discussion. They explored the intersection of trans liberation and the decriminalization of prostitution, specifically from the perspective of two Black trans leaders with lived experience in the industry. The panel was both poignant and filled with humor, discussing topics such as housing, education, trans rights, sex work and human trafficking, and the intersections of various identities. Because this was the National Harm Reduction Conference, trans liberation and decriminalization of sex work were discussed within a harm reduction and human rights framework.

Becca Cleary and Melissa Broudo at the DSW booth.

Becca Cleary and Melissa Broudo at the DSW booth.

Leaders from UTOPIA Washington at the DSW Booth.

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
Read More
Canadian Sex Workers Are Making History

Harm Reduction and Sex Work

October 8, 2022 What is harm reduction? Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work. Instead of focusing on the prevention...
Read More
Harm Reduction and Sex Work

SESTA/FOSTA Explained

October 18, 2022 SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA). These laws effectively suspend Section 230 of...
Read More
SESTA/FOSTA Explained

DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

October 13, 2022 DSW Legal Director Melissa Broudo and Staff Attorney Becca Cleary traveled to Puerto Rico to participate in the 13th biennial conference hosted by the National Harm Reduction Coalition (NHRC). The NHRC describes its gathering...
Read More
DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

DSW Newsletter Archive

Harm Reduction and Sex Work

October 8, 2022

What is harm reduction?

Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work.

Instead of focusing on the prevention of or abstinence from these activities, which tends to be unrealistic, harm reduction works to make the activities themselves as safe as possible.

When it comes to sex work, harm reduction prioritizes the safety, dignity, rights, and autonomy of sex workers instead of arresting them.

Applying the principles of harm reduction to sex work looks like …

* Accepting that sex work is part of our world. Sex work exists. It has always existed and will always exist. No amount of criminalization or law enforcement will change that. Part of harm reduction means choosing not to ignore this reality or condemn those who participate.

* Recognizing sex work as a legitimate occupation. Sex work exists on a spectrum of choice and circumstance, and one can’t assume that every sex worker needs to be “saved” from their line of work. Sex workers rely on their work to earn a living, and just as with any other job, they deserve access to safe working conditions.

* Establishing quality of individual and community life as criteria for success. A vast majority of current legislation exists with the objective of abolishing sex work. Apart from being entirely unrealistic, this is neither a sustainable nor ethical solution for those involved.

Harm Reduction’s goal is to ensure the safety, health, and general well-being of sex workers and their communities.

* Calling for non-judgemental, non-coercive services and resources for sex workers. In order to practice their jobs safely, sex workers require unrestriced access to resources such as condoms, contraceptives, and medical services with no strings attatched. These resources should come with no fear of harassment or legal persecution, so legislation such as mandatory testing, the use of condoms as legal evidence, and mandatory disclosure of sexual history or history with prostitution on visa applications must be banned.

* Ensuring that sex workers have a real voice in policy creation. Nobody knows what’s best for sex workers more than sex workers themselves. True harm reductive allyship centers the voices of sex workers in everything it does. From public outreach to legislative development, allies must work with sex workers, not above them.

* Affirming sex workers as primary agents of their own harm reduction. There’s a very common misconception that all sex workers are victims of tragedy who must be saved. To believe this is to invalidate sex work as an occupation. Sex workers deserve the autonomy to decide how they want to earn a living and whether or not they want to accept resources from anyone else. Everything must happen on their terms.

* Recognizing that the realities of poverty, class, racism, gender, sexual-orientation, and other social inequalities affect sex work. The lives and occupational hazards of sex workers are affected by their identities. This could look like racial discrimination, homophobic violence, transphobia, misogyny, and more. These injustices are often enacted by law enforcement itself. Harm reduction aims to eradicate bigotry in all forms.

* Knowing the difference between sex work and human trafficking. Consensual adult sex work is exactly that. The exchange of sex for payment between consenting adults. Trafficking, on the other hand, involves force, fraud, and coercion. These are two entirely different situations, and to conflate them is dangerous. Those who participate in sex work should always do so on their own terms.

The only way to reduce the harms currently associated with sex work is to fully decriminalize it. Decriminalization ensures the safety and consent of sex workers by creating an environment where they can practice on their own terms.

Decriminalization has always been a core principle of the harm reduction movement, and is currently supported by the National Harm Reduction Coalition.

Visit their website to learn more about the intersection of harm reduction and sex work.

Harm Reduction and Sex Work

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
Read More
Canadian Sex Workers Are Making History

Harm Reduction and Sex Work

October 8, 2022 What is harm reduction? Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work. Instead of focusing on the prevention...
Read More
Harm Reduction and Sex Work

SESTA/FOSTA Explained

October 18, 2022 SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA). These laws effectively suspend Section 230 of...
Read More
SESTA/FOSTA Explained

DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

October 13, 2022 DSW Legal Director Melissa Broudo and Staff Attorney Becca Cleary traveled to Puerto Rico to participate in the 13th biennial conference hosted by the National Harm Reduction Coalition (NHRC). The NHRC describes its gathering...
Read More
DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

DSW Newsletter Archive

8 Reasons There’s Nothing Equal About the Equality Model

September 27, 2022

The Equality Model is a harmful policy for governing sex work that functions by criminalizing the act of purchasing sex, but not selling it. Also known as the Nordic Model, the End Demand Model, and the Swedish Model, DSW refers to this framework as the Entrapment Model.

8 Reasons There’s Nothing Equal About the Equality ModelHow Does It Work?

To put it in simple terms, the Entrapment Model makes buying and soliciting sex illegal, but does not criminalize selling it. Under this framework, sex workers don’t face legal repercussions for participating in the sex trade, but their clients do.

Supporters of this model see it as the most effective way to end human trafficking, as it does seem to protect sex workers from the scrutiny of the law. However, this isn’t the case.

The Entrapment Model is extremely harmful to the safety, livelihood, and well-being of sex workers and their communities.

Here’s how.

1. It keeps sex work dangerous.

The truth of the matter is that regardless of anyone’s opinion on the morality of sex work, it is work. It’s an occupation that many people rely on to financially support themselves and their families.

Just as with any other job, sex workers deserve access to safe working conditions.

Criminalizing the clients of sex workers only makes it more difficult for them to operate safely by forcing them to work in secret. It narrows their choice of clients, making them more likely to take dangerous risks in order to earn money. This could include working in unsafe locations, accepting unfair pay, engaging with violent clients, or pressuring them to work for unwanted third parties.

2. It promotes unfair and oppressive stereotypes.

The Entrapment Model functions by perpetuating harmful negative tropes, associating sex work with immorality and victimization, which further marginalizes sex workers.

Sex workers are s not a monolith. Their work exists on a spectrum of circumstance and choice, and to assume that all sex workers are victims of exploitation dismantles the validity of sex work as an occupation.

Sex work is not inherently exploitative or dangerous.

Many sex workers freely choose this line of work and rely on it as their main source of income, and to take that away under the unwarranted belief that they need to be saved is patronizing and demeaning.

3. It denies bodily autonomy to sex workers.

By perpetuating the condescending idea that all sex workers are victims, the Entrapment Model eliminates an individual’s choice to participate in the sex trade. It unfairly intrudes on the lives of sex workers by placing legislation between workers and clients, which ultimately takes the power of autonomy out of sex workers’ hands.

This framework may claim to protect sex workers from criminal repercussions, but all it truly does is control them.

The Entrapment Model encourages surveillance, harassment, and persecution in the name of morality.

It provokes dangerous amounts of legislation.

Theoretically, the purpose of a law is to keep people safe. Unfortunately, many policies have unintended collateral consequences … especially when they’re based on personal morality and not concrete evidence.

Over-legislation fabricates criminals by implementing rules and regulations that are confusing and difficult to follow. Under the Entrapment Model, selling sex isn’t illegal, but advertising it is. So where does one draw that line? How can we expect such ambiguous legislation to be enforced effectively?

The short answer is that we can’t. As seen in countries such as Norway and Sweden, the Entrapment Model doesn’t actually do anything to protect sex workers from criminalization.

It equates consensual adult sex work with abuse and trafficking.

Human trafficking is a very real atrocity that victimizes thousands of people worldwide. What’s important to know is that consensual adult sex work is not human trafficking.

It’s self explanatory. Consensual adult sex work happens between consenting adults, whereas human trafficking involves force, fraud, and coercion. There’s a huge difference.

The Entrapment Model unfairly criminalizes private sexual situations between two consenting parties. There’s nothing progressive about that.

It doesn’t do anything to combat human trafficking.

When lawmakers conflate human trafficking with consensual adult sex work, innocent people on both sides are arrested and prosecuted.

By drawing no line between consensual and non consensual situations in the sex trade, the Entrapment Model sets a precedent for sex workers, clients, and exploited individuals to be arrested under the guise of combating human trafficking.

A study released in Sweden in 2019 reported that the Entrapment Model effectively failed to provide meaningful resources to victims of human trafficking.

4. It threatens the housing rights of sex workers.

The implementation of the Entrapment Model causes countless real life situations in which sex workers are denied their human right to housing.

Under this model, sex workers remain vulnerable to the devastating consequences of being profiled for their line of work. For example, those who provide essential services to sex workers are often subject to criminal charges. Landlords, for example, run the risk of liability to prosecution if they allow sex work to happen on their porperty. This creates a direct pipeline to homelessness.

Operation Homeless” was a Norwegian initiative implemented under the Entrapment Model, which led to the eviction of over 400 sex workers between 2007 and 2014. Most of them were migrant women.

5. It correlates with an increase in violence against sex workers.

Areas that have adopted the Entrapment Model tend to report an increase in harassment against sex workers, often by law enforcement officers themselves. Enforcement of the model involves violent police raids on sex workers, as well as situations in which they are forced to act as witnesses against their own clients…On whom they rely for income.

A 2004 report by the Norwegian government found that after the Entrapment Model was implemented in Sweden, “more abuse takes place … as the women cannot afford to say ‘no’ to the clients they have their doubts about.”

So what’s the alternative?

Knowing that criminalization, an element on which the Entrapment Model thrives, is detrimental to the safety and livelihood of sex workers, one might assume that the full legalization of sex work is the way to go. However, with legalization comes legislation, and as discussed above, over-legislation poses just as much of a threat as criminalization.

Decriminalization is the only solution when it comes to keeping sex workers safe and ending human trafficking.

What is decriminalization?

The decriminalization of sex work would mean that consenting adults who sell or buy sex would not face any legal repercussions for doing so. They also wouldn’t have to jump through legal hoops and policies in order to participate in sex work.

Meanwhile, legislation against trafficking and other forms of sexual violence would continue to exist.

Unlike the Entrapment Model, decriminalization ensures the safety and consent of sex workers by creating an environment where they can practice on their own terms.

Decriminalization is currently endorsed by The ACLU, Amnesty International, The Human Rights Campaign, The World Health Organization, and more.

DSW Newsletter #40 (September 2022)

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

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...
Read More
DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

8 Reasons There’s Nothing Equal About the Equality Model

September 27, 2022 The Equality Model is a harmful policy for governing sex work that functions by criminalizing the act of purchasing sex, but not selling it. Also known as the Nordic Model, the End Demand Model,...
Read More
8 Reasons There’s Nothing Equal About the Equality Model

Red Umbrella Campaign

September 1, 2022 UCLA’s Global Lab for Research in Action, in collaboration with a coalition of advocacy organizations including Decriminalize Sex Work, activists, and researchers, has launched the Red Umbrella Campaign. The Red Umbrella Campaign will advocate...
Read More
Red Umbrella Campaign

DSW Welcomes New Communications Manager

September 19, 2022 Decriminalize Sex Work (DSW) is pleased to welcome the newest member of our team, Cecilia Otero. As communications manager, she hopes to use her position to support the safety, autonomy, and freedom of both...
Read More
DSW Welcomes New Communications Manager

International Survey: Sex Work and Unwanted Contact

September 20, 2022 This survey is part of a major international study in the United States of America, England, Wales, Scotland, Northern Ireland and Aotearoa-New Zealand. The researchers are asking about in-person sex workers’ experience of unwanted...
Read More
International Survey: Sex Work and Unwanted Contact

DSW Newsletter Archive

International Survey: Sex Work and Unwanted Contact

September 20, 2022

This survey is part of a major international study in the United States of America, England, Wales, Scotland, Northern Ireland and Aotearoa-New Zealand. The researchers are asking about in-person sex workers’ experience of unwanted sexual contact, so that they can help increase understanding of sexual violence and improve access to justice and services for sex workers. The research is funded by the Economic and Social Research Council.

You are eligible for this survey if you:

* Are over the age of 18;

* Have ever exchanged in person sexual services for money or something of value (such as somewhere to live or to pay debts);

* Have sold sex, or exchanged sex for something of value, in the United States.

Access the survey here.

The survey is available in Mandarin, Spanish, Romanian and Portuguese using a dropdown box found at the top once you open the survey.

The survey is conducted in the US by Prof. Barb Brents, Ph.D., Dept. of Sociology at the University of Nevada, Las Vegas (US), [email protected], and internationally by researchers at the University of Strathclyde (Scotland), University of Leicester (England), Queen’s University (Belfast, Northern Ireland), University of Otago (New Zealand) in collaboration with SWOP Behind Bars, NZPC: Aotearoa NZ Sex Workers Collective, and other sex worker organizations.

Please go to this site for contacts with local support agencies and more information about the study: https://www.sexworkandsexualviolence.com/.

This study has been approved by the Institutional Review Board UNLV, #1701767-2

International Survey: Sex Work and Unwanted Contact

DSW Newsletter #40 (September 2022)

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

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...
Read More
DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

8 Reasons There’s Nothing Equal About the Equality Model

September 27, 2022 The Equality Model is a harmful policy for governing sex work that functions by criminalizing the act of purchasing sex, but not selling it. Also known as the Nordic Model, the End Demand Model,...
Read More
8 Reasons There’s Nothing Equal About the Equality Model

Red Umbrella Campaign

September 1, 2022 UCLA’s Global Lab for Research in Action, in collaboration with a coalition of advocacy organizations including Decriminalize Sex Work, activists, and researchers, has launched the Red Umbrella Campaign. The Red Umbrella Campaign will advocate...
Read More
Red Umbrella Campaign

DSW Welcomes New Communications Manager

September 19, 2022 Decriminalize Sex Work (DSW) is pleased to welcome the newest member of our team, Cecilia Otero. As communications manager, she hopes to use her position to support the safety, autonomy, and freedom of both...
Read More
DSW Welcomes New Communications Manager

International Survey: Sex Work and Unwanted Contact

September 20, 2022 This survey is part of a major international study in the United States of America, England, Wales, Scotland, Northern Ireland and Aotearoa-New Zealand. The researchers are asking about in-person sex workers’ experience of unwanted...
Read More
International Survey: Sex Work and Unwanted Contact

DSW Newsletter Archive

DSW Welcomes New Communications Manager

September 19, 2022

Decriminalize Sex Work (DSW) is pleased to welcome the newest member of our team, Cecilia Otero. As communications manager, she hopes to use her position to support the safety, autonomy, and freedom of both sex workers and trafficking survivors.

Cecilia is a writer, musician, and activist from El Paso, TX. A passionate creative at heart, Cecilia finds herself driven to advocate for marginalized communities through her knack for imaginative problem-solving.

After graduating from the University of Texas at El Paso with a Bachelor of Arts in Media Advertising, Cecilia went straight into the digital marketing world, where she spent five years learning the ins-and-outs of branding and social media. Meanwhile, she spent her free time volunteering for a number of local causes in the bordertown she calls home, including immigrant rights, reproductive justice, LGBT+ liberation, and environmental conservation in the Chihuahuan Desert.

Cecilia joined DSW after making the decision to leave the advertising industry and focus more seriously on social advocacy.

DSW Welcomes New Communications Manager

DSW’s New Communications Manager, Cecilia Otero.

DSW Newsletter #40 (September 2022)

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

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...
Read More
DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

8 Reasons There’s Nothing Equal About the Equality Model

September 27, 2022 The Equality Model is a harmful policy for governing sex work that functions by criminalizing the act of purchasing sex, but not selling it. Also known as the Nordic Model, the End Demand Model,...
Read More
8 Reasons There’s Nothing Equal About the Equality Model

Red Umbrella Campaign

September 1, 2022 UCLA’s Global Lab for Research in Action, in collaboration with a coalition of advocacy organizations including Decriminalize Sex Work, activists, and researchers, has launched the Red Umbrella Campaign. The Red Umbrella Campaign will advocate...
Read More
Red Umbrella Campaign

DSW Welcomes New Communications Manager

September 19, 2022 Decriminalize Sex Work (DSW) is pleased to welcome the newest member of our team, Cecilia Otero. As communications manager, she hopes to use her position to support the safety, autonomy, and freedom of both...
Read More
DSW Welcomes New Communications Manager

International Survey: Sex Work and Unwanted Contact

September 20, 2022 This survey is part of a major international study in the United States of America, England, Wales, Scotland, Northern Ireland and Aotearoa-New Zealand. The researchers are asking about in-person sex workers’ experience of unwanted...
Read More
International Survey: Sex Work and Unwanted Contact

DSW Newsletter Archive

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

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.

The brief also discusses the recently reintroduced SAFE SEX Workers Study Act (SSWSA), a bill proposed in U.S. Congress to study the harmful effects of SESTA/FOSTA. The introduction of this legislation demonstrates that lawmakers recognize the damage caused by SESTA/FOSTA, including many legislators who initially voted in favor of that bill. Amici also detail the ways in which SESTA/FOSTA’s restrictions on free speech limit advocacy efforts to advance the SSWSA, a critical and unconstitutional impediment to the democratic process.

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.

Elizabeth Nolan Brown covers the developments in the case, including DSW’s amicus brief in Reason here: There’s No Way FOSTA Isn’t a First Amendment Violation, Says Lawsuit.

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

DSW Newsletter #40 (September 2022)

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

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...
Read More
DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

8 Reasons There’s Nothing Equal About the Equality Model

September 27, 2022 The Equality Model is a harmful policy for governing sex work that functions by criminalizing the act of purchasing sex, but not selling it. Also known as the Nordic Model, the End Demand Model,...
Read More
8 Reasons There’s Nothing Equal About the Equality Model

Red Umbrella Campaign

September 1, 2022 UCLA’s Global Lab for Research in Action, in collaboration with a coalition of advocacy organizations including Decriminalize Sex Work, activists, and researchers, has launched the Red Umbrella Campaign. The Red Umbrella Campaign will advocate...
Read More
Red Umbrella Campaign

DSW Welcomes New Communications Manager

September 19, 2022 Decriminalize Sex Work (DSW) is pleased to welcome the newest member of our team, Cecilia Otero. As communications manager, she hopes to use her position to support the safety, autonomy, and freedom of both...
Read More
DSW Welcomes New Communications Manager

International Survey: Sex Work and Unwanted Contact

September 20, 2022 This survey is part of a major international study in the United States of America, England, Wales, Scotland, Northern Ireland and Aotearoa-New Zealand. The researchers are asking about in-person sex workers’ experience of unwanted...
Read More
International Survey: Sex Work and Unwanted Contact

DSW Newsletter Archive

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

NEWS RELEASE | FOR IMMEDIATE RELEASE | PDF

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.

###

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.

Red Umbrella Campaign

September 1, 2022

UCLA’s Global Lab for Research in Action, in collaboration with a coalition of advocacy organizations including Decriminalize Sex Work, activists, and researchers, has launched the Red Umbrella Campaign.

The Red Umbrella Campaign will advocate for #SaferSexWork, addressing the stigma that sex workers face through a data driven national social awareness campaign. Research has shown that sex workers have a 45% to 75% chance of experiencing workplace violence. It is not only physical and sexual violence that prevents sex workers from being safe, but lack of access to housing, healthcare, and other basic human rights can contribute to unsafe workig conditions. Everyone deserves to be safe at work, including sex workers.

“Decades of research from around the world shows that the criminalization of sex work is what makes the work fundamentally unsafe - and impacts the safety of the wider community too,” says Janine N’jie David, co-founder and Deputy Director of UCLA’s Global Lab for Research in Action. “Sex work tends to be a taboo subject, despite being one of the oldest professions in the world, and public knowledge is understandably limited. But we shouldn’t allow our lack of understanding — or quite frankly, discomfort — prevent us from tackling challenging issues.”

The Red Umbrella Campaign will amplify voices of individuals with lived experience in sex work in tandem with data collected from researchers across the country to inform the public on the dangers sex workers face due to criminalization on a daily basis, while also addressing stigma. “When I began sex work at age 18, it became apparent to me that the dangers I faced were perpetuated by criminalization and stigma more than the work itself,” says Savannah Sly, a Global Lab Board Member. “Violent predators target sex workers because we work in isolation to avoid arrest and discrimination. The dangers are unnecessary and must be addressed.”

The “Red Umbrella Campaign” will launch in the fall and culminate on International Day to End Violence Against Sex Workers on December 17th. We will use data and storytelling as the primary teaching tools. In the meantime, register here to learn more and find out how to get involved!

The UCLA Global Lab for Research in Action, a DSW grantee, pursues evidence-based solutions to critical health, education, and economic issues faced by hard-to-reach populations around the world. The Global Lab’s work extends beyond research as they translate and amplify findings to inform policy, improve programs across the global South and North, and shift the public conversation. Manisha Shah, Ph.D., a development economist, professor of public policy, and one of the leading researchers on sex markets and health, founded and leads The Global Lab, along with Janine N’jai David, M.P.P.

Red Umbrella Campaign

DSW Newsletter #40 (September 2022)

DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

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...
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DSW Challenges Constitutionality of Federal Law That Criminalizes Free Speech

8 Reasons There’s Nothing Equal About the Equality Model

September 27, 2022 The Equality Model is a harmful policy for governing sex work that functions by criminalizing the act of purchasing sex, but not selling it. Also known as the Nordic Model, the End Demand Model,...
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8 Reasons There’s Nothing Equal About the Equality Model

Red Umbrella Campaign

September 1, 2022 UCLA’s Global Lab for Research in Action, in collaboration with a coalition of advocacy organizations including Decriminalize Sex Work, activists, and researchers, has launched the Red Umbrella Campaign. The Red Umbrella Campaign will advocate...
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Red Umbrella Campaign

DSW Welcomes New Communications Manager

September 19, 2022 Decriminalize Sex Work (DSW) is pleased to welcome the newest member of our team, Cecilia Otero. As communications manager, she hopes to use her position to support the safety, autonomy, and freedom of both...
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DSW Welcomes New Communications Manager

International Survey: Sex Work and Unwanted Contact

September 20, 2022 This survey is part of a major international study in the United States of America, England, Wales, Scotland, Northern Ireland and Aotearoa-New Zealand. The researchers are asking about in-person sex workers’ experience of unwanted...
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International Survey: Sex Work and Unwanted Contact

DSW Newsletter Archive

Montpelier, VT Repeals Prostitution Ordinance

August 24, 2022

Montpelier has become the second city in Vermont to repeal its antiquated prostitution ordinance in the past year. Last summer, the Burlington City Council voted to repeal that city’s prostitution ordinance and voters subsequently chose to strike discriminatory and archaic language on sex work from the city charter.

Montpelier’s Police Review Committee recommended that the ordinance be repealed as its stigmatizing and discriminatory language was harmful to both consensual adult sex workers and individuals experiencing exploitation. They suggested that law enforcement should concentrate on combating human trafficking, instead of on prohibiting consensual acts between adults. The committee also noted that most municipalities in Vermont do not have ordinances banning prostitution and that repealing the language would bring Montpelier in line with the rest of the state. Though bills proposing to decriminalize prostitution were introduced during the past two legislative sessions, they did not advance and prostitution remains criminalized at the state level.

The Montpelier City Council held two public hearings on the proposal to repeal the ordinance before unanimously voting in favor of striking it. Both hearings were well attended and individuals in favor of and against repealing the ordinance testified passionately. Members of The Ishtar Collective, Vermont’s only organization run by and for sex workers and survivors of exploitation or trafficking, asked the City Council and their neighbors to recognize them as equals deserving of dignity. They said the immensely dehumanizing language of the ordinance, which did nothing to support the health and wellbeing of residents, perpetuated stigma around sex work, and made them feel unwelcome in the place they call home. Henri Bynx, co-founder of The Ishtar Collective, reminded council members and others in attendance that sex workers are vital and integral members of the community.

Opponents of the repeal were mostly from out of state. Morally opposed to consensual adult sex work, they urged the council to keep or replace the ordinance with even more punitive language. Their attempts at fear mongering — and admonishments that repealing the ordinance would lead to individuals having sex in public and an increase in trafficking, particularly of minors — perpetuated dangerous and misguided tropes around sex work. Dr. Stephany Powell, with the National Center on Sexual Exploitation, said, “You are inviting more crime into your area, and you are also allowing the ability of sex workers to roam freely in your community. … I’m telling you: you don’t want that.” J. Leigh Oshiro-Brantly, a sex worker who co-founded The Ishtar Collective with Bynx, responded to Powell’s derogatory remarks during their statement. “We’re already ‘roaming’ and that … metaphor of roaming like cattle is really part of that dehumanizing language. This is the stigma we’re talking about,” Oshiro-Brantly said. “I’ve heard things (tonight) like ‘demeaning,’ ‘immoral,’ ‘just plain wrong.’ All of these things are moral judgments that no person has a right to make for any other person’s life.”

Just prior to their vote, council members, including Mayor Anne Watson, reminded everyone in attendance that they are committed to ending exploitation and trafficking in all labor sectors. They then voted unanimously to repeal the discriminatory language, affirming that sex workers are deserving of their dignity, humanity, and bodily autonomy.

A sign at the August 24 Montpelier City Council Meeting. Courtesy of The Ishtar Collective.

A sign at the August 24 Montpelier City Council Meeting. Courtesy of The Ishtar Collective.

DSW Newsletter #39 (August 2022)

Operation Cross Country: The FBI’s Annual Anti-Trafficking Performance

August 15, 2022 The FBI announced that Operation Cross Country, which it organizes annually to focus on “identifying and locating victims of sex trafficking and investigating and arresting individuals and criminal enterprises involved in both child sex...
Read More
Operation Cross Country: The FBI’s Annual Anti-Trafficking Performance

Montpelier, VT Repeals Prostitution Ordinance

August 24, 2022 Montpelier has become the second city in Vermont to repeal its antiquated prostitution ordinance in the past year. Last summer, the Burlington City Council voted to repeal that city’s prostitution ordinance and voters subsequently...
Read More
Montpelier, VT Repeals Prostitution Ordinance

Possessing Condoms Shouldn’t Be a Crime

August 17, 2022 Criminalization and policing practices greatly impede sex workers’ ability to protect themselves and their clients from the transmission of Sexually Transmitted Infections (STIs). These practices negatively impact individuals working of their own volition and...
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Possessing Condoms Shouldn’t Be a Crime

DSW Staff Attend Key Conferences Around the World

August 12, 2022 It was a busy and productive summer for DSW staff as they traveled to multiple influential conferences to discuss the critical need to decriminalize consensual adult sex work. Staff had the opportunity to participate...
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DSW Staff Attend Key Conferences Around the World

DSW Newsletter Archive

Possessing Condoms Shouldn’t Be a Crime

August 17, 2022

Criminalization and policing practices greatly impede sex workers’ ability to protect themselves and their clients from the transmission of Sexually Transmitted Infections (STIs). These practices negatively impact individuals working of their own volition and those who are being trafficked. The possession of condoms is often used by law enforcement as evidence that an individual has the intent to engage in or has engaged in prostitution. According to the ACLU, “Research indicates that certain police practices related to enforcement of sex work criminalization may put sex workers and their clients at greater health risk. Interviews with sex workers in Sacramento Valley, California, revealed that the threat and incidence of detention increased if sex workers had condoms in their possession.” No one should have to choose between carrying condoms and arrest; however, the practice of using condoms as evidence to charge an individual with prostitution forces many sex workers to make this impossible choice.

Police regularly cite condom possession as probable cause for the detention or arrest of individuals they suspect are engaged in sex work. They may also confiscate or destroy condoms either because they hope to disssuade someone from engaging in sex work or as a form of harassment. Sex workers in a New York City study reported that police took their condoms, even outside the context of arrests. A number of these workers stated they carry fewer condoms due to their fear of harrassment and arrest, though many shared that this did not deter them from exercising their human right to practice safe sex.

Where sex work is criminalized, sex workers have less agency and are more likely to engage in risky behaviors such as having unprotected sex. Numerous public health agencies, including the World Health Organization, UNAIDS, and the Global Commission on HIV and the Law, support the decriminalization of sex work as an essential step in the global fight against HIV, AIDS, and other STIs. Research shows the decriminalization of sex work would reduce HIV transmissions by 33 to 46% worldwide. Until decriminalization can be achieved, incremental measures such as laws prohibiting the use of condoms as evidence, will greatly improve health outcomes for sex workers and communities as a whole. Some states, including California, have passed laws that prohibit law enforcement from using condoms as evidence, but the practice persists around the country.

Numerous research articles and reports issued by public health and human rights organizations recommend that municipalities adopt the below recommendations to combat police harassment and abuse of sex workers and to promote safe sex through the use of condoms:

* Lawmakers should pass legislation decriminalizing consensual adult sex work.

* Pending the decriminalization of sex work, national and/or local lawmakers should pass legislation that prohibits condoms from being used by police or prosecutors as evidence of prostitution. Corresponding guidelines should be issued to judges instructing them to deem condom possession inadmissible as evidence of a person’s engagement in or intention to engage in sex work.

* Law enforcement officials should instruct officers not to confiscate condoms from sex workers or anyone else, and they should discipline violators of this policy.

* Health officials should work with police and other relevant agencies to train police officers and to ensure that law enforcement policies do not interfere with internationally recognized best practices to stop the spread of STIs including HIV.

* Police officers who rape or assault sex workers in any manner and who abuse their power by sexually exploiting or extorting sex workers should be prosecuted.

Designed by Rachel Schreiber. Courtesy of St. James Infirmary.

Designed by Rachel Schreiber. Courtesy of St. James Infirmary.

“They locked me up … because I had a condom. I wasn’t even prostituting. They took the condom.”

DSW Newsletter #39 (August 2022)

Operation Cross Country: The FBI’s Annual Anti-Trafficking Performance

August 15, 2022 The FBI announced that Operation Cross Country, which it organizes annually to focus on “identifying and locating victims of sex trafficking and investigating and arresting individuals and criminal enterprises involved in both child sex...
Read More
Operation Cross Country: The FBI’s Annual Anti-Trafficking Performance

Montpelier, VT Repeals Prostitution Ordinance

August 24, 2022 Montpelier has become the second city in Vermont to repeal its antiquated prostitution ordinance in the past year. Last summer, the Burlington City Council voted to repeal that city’s prostitution ordinance and voters subsequently...
Read More
Montpelier, VT Repeals Prostitution Ordinance

Possessing Condoms Shouldn’t Be a Crime

August 17, 2022 Criminalization and policing practices greatly impede sex workers’ ability to protect themselves and their clients from the transmission of Sexually Transmitted Infections (STIs). These practices negatively impact individuals working of their own volition and...
Read More
Possessing Condoms Shouldn’t Be a Crime

DSW Staff Attend Key Conferences Around the World

August 12, 2022 It was a busy and productive summer for DSW staff as they traveled to multiple influential conferences to discuss the critical need to decriminalize consensual adult sex work. Staff had the opportunity to participate...
Read More
DSW Staff Attend Key Conferences Around the World

DSW Newsletter Archive