News / The Fair And Just Journal

By Victoria Sheber

Sex work, one of the world’s oldest professions, has been criminalized for decades, pushing those involved into the shadows and exposing them to significant risks. Despite being illegal, over the past 25 years the U.S. has seen a surge in the commercial sex industry, driven by technology that allows for more private transactions.

As society evolves in its understanding of human rights, justice, and public health, the argument for decriminalizing consensual sex work becomes increasingly compelling. Criminalization has failed to reduce the prevalence of sex work or protect those engaged in it. Instead, it has exacerbated their vulnerabilities, perpetuated stigma, and hindered access to essential services. 

Decriminalization, by contrast, offers a framework for improving the lives of consenting sex workers while enhancing public safety and public health.

Understanding the Scope and Risks of Sex Work

Sex work includes a wide range of activities where individuals exchange sexual services for money or other resources. Crucially, it is distinct from sex trafficking, which involves coercion, force, or fraud. Despite the complexity of the sex trade, the vulnerability of sex workers remains a constant. Research indicates sex workers are predominantly young women and people of color, many of whom enter the trade due to a combination of choice, circumstance, and coercion, often driven by structural and societal barriers that limit other employment opportunities.

Criminalization only deepens these vulnerabilities. Studies show sex workers are often subject to high levels of violence, both physical and sexual, exacerbated by their criminalized status. Moreover, the fear of arrest discourages sex workers from reporting crimes, leaving them unprotected and enabling perpetrators to act with impunity.

Reevaluating the Effectiveness of Criminalization

Supporters of criminalization argue it deters participation in the sex trade, protects communities, and incentivizes sex workers to leave the industry. However, criminalizing sex work has failed to meet these goals. 

The sex trade continues to thrive, often in more dangerous and less visible locations. This not only endangers sex workers but also fails to improve community safety. Criminalization does little to help sex workers exit the trade; instead, it traps them in a cycle of criminal records, limited employment opportunities, and further engagement in sex work as a means of survival.

Some point to the Nordic model as a solution, which criminalizes the purchase but not the sale of sex, and is intended to reduce demand while protecting sex workers. However, this approach has faced criticism for its unintended consequences, such as increasing stigma and violence against sex workers and driving the trade further underground. 

In contrast, full decriminalization—where both buying and selling sex are legal—has shown more promise, with studies indicating better health outcomes, reduced violence, and increased reporting of crimes by sex workers.

The Public Health and Safety Benefits of Decriminalization

Decriminalizing consensual sex work also offers significant public health benefits. 

Jurisdictions that have decriminalized aspects of sex work saw lower rates of sexually transmitted infections (STIs). During a period when indoor sex work was decriminalized, Rhode Island witnessed a 40% decline in female gonorrhea cases. Decriminalization enables sex workers to negotiate safer sex practices, such as condom use, which is crucial in preventing HIV transmission. A meta-analysis even suggests decriminalization could reduce new HIV infections among sex workers by up to 46%.

In terms of public safety, decriminalization encourages sex workers to report crimes without fear of arrest, thereby increasing accountability for perpetrators and enhancing community safety. Decriminalization can make cities safer by encouraging survivors and witnesses involved in the sex trade to report crimes, thus preventing further victimization​.

The Impact on Sex Trafficking

One of the most significant concerns about decriminalization is its potential impact on sex trafficking. Critics argue decriminalization could increase trafficking by expanding the market for commercial sex.

Some studies that suggest a correlation between legalization and increased trafficking have been criticized for conflating human trafficking with sex trafficking, making it difficult to draw accurate conclusions. Moreover, other research indicates decriminalization does not increase trafficking and may even decrease it by allowing legal, consensual sex work to meet the demand that traffickers would otherwise fill.

Furthermore, full decriminalization could improve law enforcement’s ability to focus on actual trafficking cases by freeing up resources previously used to prosecute consensual adult sex work. By distinguishing between consensual sex work and trafficking, policymakers can better protect individuals involved in the sex trade from coercion while respecting the rights of those who choose to engage in sex work​.

A Balanced Approach for Prosecutors and Policymakers

Prosecutors serve a critical role in shaping the future of sex work policy. Policies such as not prosecuting consensual sex work and supporting the expungement of related criminal records protect consenting sex workers while allowing law enforcement to focus on more serious crimes, such as trafficking and violence.

Decriminalizing consensual sex work recognizes the autonomy of sex workers, protects their rights, and improves public health and safety. As we move forward, it is crucial that prosecutors, lawmakers, and communities ensure our legal system upholds the dignity and safety of all individuals involved in the consensual sex trade. By adopting evidence-based policies and maintaining a balanced approach, we can create a legal framework that both protects sex workers and enhances the well-being of our communities.

Victoria Sheber is an attorney and former research and policy fellow at Fair and Just Prosecution.