Why Decriminalization Is Good for Public Health

November 1, 2022

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.

DSW Newsletter #42 (November 2022)

DSW Attends APHA 2022 Annual Meeting & Expo

November 6, 2022 DSW Legal Director Melissa Broudo, Staff Attorney Rebecca Cleary, and Volunteer Attorney Allison Kolins attended the American Public Health Association’s (APHA’s) annual meeting and expo in Boston early this November. According to their mission...
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DSW Attends APHA 2022 Annual Meeting & Expo

DSW Collaborates With Allies To Advocate for Decriminalization

November 15-16, 2022 Decriminalize Sex Work (DSW) is proud to regularly partner with Equality New York (EQNY),a statewide advocacy organization working to advance equality and justice for LGBTQI New Yorkers and their families and to promote the...
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DSW Collaborates With Allies To Advocate for Decriminalization

Why Decriminalization Is Good for Public Health

November 1, 2022 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...
Read More
Why Decriminalization Is Good for Public Health

Remembering Carol Leigh

November 17, 2022 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...
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Remembering Carol Leigh

Life After Arrest: The Collateral Consequences of Criminalization

November 12, 2022 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...
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Life After Arrest: The Collateral Consequences of Criminalization

Support DSW This GivingTuesday

November 25, 2022 Decriminalize Sex Work relies on donations from supporters like you in order to sustain our mission of decriminalizing consensual adult sex work. If you’re unable to donate, consider supporting us this GivingTuesday (November 29)...
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Support DSW This GivingTuesday

DSW Newsletter Archive

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 inhumane.

According to a press release by the group, this case “… is the first constitutional challenge to PCEPA provisions initiated by sex workers, and the first to challenge all the provisions individually and together arguing they violate sex workers’ human rights to dignity, health, equality, security, autonomy and safety of people who work in the sex industry, which includes their right to safe working conditions,” the group said in a press release.

Below is a timeline of everything that’s happened so far.

TIMELINE

December 2013: Supreme Court of Canada renders its decision in Bedford v. Canada, striking down previously oppressive laws that criminalized prostitution.

December 2014: Canada passes the Protection of Communities and Exploited Persons Act, which employs the “Nordic Model,” criminalizing the purchase of sex, communication for the purpose of selling sex, gaining material benefit from sex, and advertising sexual services.

October 4 2022: The Canadian Alliance for Sex Work Law Reform begins arguing in a Toronto courtroom that the PCEPA endangers the health and safety of sex workers by cultivating stigma, encouraging violence, and endangering safe consent. They also argue that it violates the Canadian Charter of Rights and Freedoms.

Over the course of a few days, the court hears testimony from sex workers who feel their livelihoods and safety have been compromised by the PCEPA. The CASWLR also submits over 12,000 pages of research-based evidence demonstrating that Canada’s current legal framework regarding prostitution does not fulfill its original purpose of reducing sex work, and, in fact, only makes it dangerous.

The group’s goal is is to eventually decriminalize sex work in Canada, first by convincing the Ontario Superior court that the PCEPA is unconstitutional, after which they can bring their case to the Appeal Court and eventually the Supreme Court.

Attorney General David Lametti has 120 days to respond to the CASWLR’s recommendations.

October 7, 2022: The Sex Work Autonomous Committee (SWAC) gathers in front of the Montreal Courthouse in a rally to support the CASWR’s constitutional challenge to current Canadian sex work laws.

Click here for a more detailed look at The Canadian Alliance for Sex Work Law Reform’s case.

@CDNSWAlliance on Twitter

Canadian sex workers and allies rally to repeal PCEPA. @CDNSWAlliance on Twitter

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

DSW Newsletter Archive

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 the Communications Decency Act of 1996, which stipulates that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

In simpler terms, it allows user-generated speech, such as comment sections and discussion boards, to remain uncensored.

SESTA/FOSTA amends Section 230 by suspending its protection in cases where online platforms are perceived to be promoting prostitution.

Online providers can now be held liable for posts perceived to be advertising sex on their sites. State law enforcement can prosecute these cases at their discretion.

Social media platforms are forced to censor user-generated content to avoid legal repercussions.

Under SESTA/FOSTA, our right to freedom of speech online is at risk.

How SESTA/FOSTA endangers sex workers

Sex workers once relied on the internet to create safety nets and protocols to keep themselves safe. They used online platforms to create networks, advertise, screen and approve clients, and schedule appointments from the safety of their own homes.

Without these resources, sex workers are quite literally pushed back onto the street, where they lack the means to plan client meetings ahead of time. This forces them into dangerous situations, making them more vulnerable to physical violence from un-screened clients and harassment by law enforcement.

How SESTA/FOSTA keeps victims of human trafficking in danger

Evidence shows that banning something does not end demand for it. By banning online sexual solicitation, SESTA/FOSTA doesn’t actually stop traffickers from trafficking, it just makes it easier for them to hide.

Law enforcement actually relies on online platforms for evidence in cases of human trafficking, and by censoring certain language from the internet, SESTA/FOSTA effectively scrubs away legal evidence, making it easier for cases of human trafficking to go undetected.

The US Department of Justice itself testified that SESTA would make it more difficult for law enforcement to investigate and prosecute human trafficking cases.

How SESTA/FOSTA censors free speech on the internet

Internet censorship tends to be based on loose perception and opinion rather than fact. SESTA/FOSTA allows state and federal law enforcement the discretion to judge what is and isn’t “appropriate.”

While this has predominantly affected sex workers and their ability to work safely, suppression of free speech could affect anyone, should law enforcement individuals feel that their speech is inappropriate.

One example of this is Craigslist’s shutdown of its Therapeutic Services page, which left people like Eric Koszyk, a massage therapist, without a means of advertising, screening clients, and scheduling appointments online.

Learn more about SESTA/FOSTA.

SESTA/FOSTA Explained

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

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

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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 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.