Why we should decriminalise the sex industry

The Centre for Gender Studies at Sussex, which I co-direct with Mark Walters and Tamsin Hinton-Smith, has pledged its support to the English Collective of Prostitutes’ Campaign for sex industry decriminalisation. I am very proud to be part of this group of colleagues – these are leading scholars in gender and related fields with a variety of views on the sex industry itself, who are united in their conviction that decriminalisation is the best way to mitigate violence, health and other risks to sex workers.

Ideological objections to the sex industry, especially from feminists, are far too often channeled into support for policies which make sex workers more unsafe. This includes the ‘Nordic Model’ of criminalising clients, which has been shown to be a de facto criminalisation of sex workers that puts them in danger and does not reduce trafficking and prostitution. Sex workers are frequently positioned as feminism’s ‘evil Other’, constructed as dupes of or collaborators with the patriarchy in ways which contribute to stigma against them and can too easily foster a lack of understanding of/respect for the choices people make to survive.

There is no doubt that there are many difficult gender issues in, and related to, the sex industry. However, the evidence shows that criminalisation exacerbates, rather than lessens, industry harms. Furthermore, prioritising debates about how the existence of a sex industry where most workers are women and most clients are men shapes gender and sex for more privileged women is irresponsible while sex workers are at such high risk of sexual and physical violence.

Feminist support for criminalisation policies, including the ‘Nordic Model’, is to me an attempt at social engineering via the police. Attempting to make use of a criminal justice institution which is sexist, racist, violent and corrupt in order to eradicate a whole industry in the name of gender equality, seems misguided at best and dangerous at worst. Furthermore, criminalising the sex industry (which includes criminalising buyers) has been shown to prevent the police from doing positive work, as apprehending clients involves targeting sex workers and takes priority over protecting them from violence.

On a much smaller scale, the negative reactions to our support for the ECP pledge mirror those targeted at Amnesty International over their draft policy supporting decriminalisation. Critics have ignored the important distinctions between decriminalisation and legalisation (the latter is problematic in a number of ways), and have ‘disappeared’ the body and rights of the sex worker within a moral panic discourse around ‘pimps’, ‘Johns’ and ‘mega-brothels’. Many of those opposing the sex industry may have good intentions (albeit often located within ‘rescue’ narratives which are rather patronising), but the tenor of the current discussion does not grant sex workers their humanity, which serves to reinforce the stigma that contributes to making them unsafe.

My view is that even if it was advisable, eradicating the sex industry would probably not be possible, and that attempts to do so have done more harm than good and made life more difficult for some of the most marginalised people in our society, many of them women. I believe in campaigning to eradicate poverty and austerity, not the ways in which people try to survive them. I believe in teaching our children about gender inequalities and demanding comprehensive universal sex education, not blaming the sex industry for men’s violence against women. Some of my colleagues at the Centre for Gender Studies may have different views, but I am glad we have come together to support decriminalisation for safety’s sake.

Read the University’s press release about our support for the ECP campaign here: Centre for Gender Studies backs campaign to decriminalise the sex industry.

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