Defending Decriminalization

2019 ◽  
pp. 242-324
Author(s):  
Flanigan Jessica
Keyword(s):  
Human Trafficking ◽  
Sex Work ◽  
Social Inequalities ◽  
Sexual Transmission ◽  
Sex Industry ◽  
Negative Externalities ◽  
Criminal Penalties ◽  
Transmission Of Disease

Many scholars, activists, and officials oppose decriminalization. First, some people argue that criminal penalties do not violate rights because people do not have rights to buy or sell sex. Others object that decriminalization would increase the prevalence of sex work, which is worse than other jobs, and so paternalistic limits on the industry are justified. Another set of objections presses the claim that the sex industry has negative externalities, such as increased rates of sexual transmission of disease, human trafficking, rape, or crime. Finally, some claim that a decriminalized sex industry would exacerbate existing economic or social inequalities. This chapter shows that these objections do not succeed in justifying alternatives to decriminalization.

scholarly journals Sex Work, Migration, and Human Trafficking in South Africa: From polarised arguments to potential partnerships

2019 ◽  
pp. 74-90
Author(s):  
Ntokozo Yingwana ◽  
Dr Rebecca Walker ◽  
Alex Etchart
Keyword(s):  
South Africa ◽  
Human Trafficking ◽  
Sex Work ◽  
Sex Workers ◽  
Trade Unions ◽  
Well Being ◽  
Mobility Model ◽  
Sex Industry ◽  
Sex Worker ◽  
And Migration

In South Africa, the conflation of sex work with human trafficking means that migrant/mobile sex workers are often framed as victims of trafficking while arguments for the decriminalisation of sex work are discounted due to claims about the risks of increased trafficking. This is despite the lack of clear evidence that trafficking, including in the sex industry, is a widespread problem. Sex worker organisations have called for an evidence-based approach whereby migration, sex work, and trafficking are distinguished and the debate moves beyond the polarised divisions over sex work. This paper takes up this argument by drawing on research with sex workers and a sex worker organisation in South Africa, as well as reflections shared at two Sex Workers’ Anti-trafficking Research Symposiums. In so doing, the authors propose the further development of a Sex Work, Exploitation, and Migration/Mobility Model that takes into consideration the complexities of the quotidian experiences of migration and selling sex. This, we suggest, could enable a more effective and productive partnership between sex worker organisations and other stakeholder groups, including anti-trafficking and labour rights organisations, trade unions, and others to protect the rights and well-being of all those involved in sex work.

Doing Tricks

2018 ◽  
Author(s):  
Rodrigo Borba
Keyword(s):  
Public Health ◽  
Feminist Theory ◽  
Sex Work ◽  
Language Use ◽  
Sex Industry ◽  
Commercial Sex ◽  
Business Transaction ◽  
Methodological Challenges ◽  
Social Scientific

Sex work has long been of interest to a variety of fields, among them anthropology, sociology, public health, and feminist theory, to name but a few. However, with very few exceptions, sociolinguistics seems to have ignored the fact that commercial sex, as an intersubjective business transaction, is primarily negotiated in embodied linguistic interaction. By reviewing publications in distinct social scientific areas that directly or indirectly discuss the role of language in the sex industry, this chapter critically assesses the analytical affordances and methodological challenges for a sociolinguistics of sex work. It does so by discussing the “tricks” played by sex work, as a power-infused context of language use in which issues of agency (or lack thereof) are paramount, on sociolinguistic theory and methods. The chapter concludes that the study of language in commercial sex venues is sociolinguistically promising and epistemologically timely.

scholarly journals The Double-Edged Sword of Health and Safety: COVID-19 and the Policing and Exclusion of Migrant Asian Massage Workers in North America

2021 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Elene Lam ◽  
Elena Shih ◽  
Katherine Chin ◽  
Kate Zen
Keyword(s):  
North America ◽  
Social Welfare ◽  
Human Trafficking ◽  
Sex Work ◽  
Sex Workers ◽  
Interpersonal Violence ◽  
Sex Trafficking ◽  
The State ◽  
Emergency Relief ◽  
Sexual Services

Migrant Asian massage workers in North America first experienced the impacts of COVID-19 in the final weeks of January 2020, when business dropped drastically due to widespread xenophobic fears that the virus was concentrated in Chinese diasporic communities. The sustained economic devastation, which began at least 8 weeks prior to the first social distancing and shelter in place orders issued in the U.S. and Canada, has been further complicated by a history of aggressive policing of migrant massage workers in the wake of the war against human trafficking. Migrant Asian massage businesses are increasingly policed as locales of potential illicit sex work and human trafficking, as police and anti-trafficking initiatives target migrant Asian massage workers despite the fact that most do not provide sexual services. The scapegoating of migrant Asian massage workers and criminalization of sex work have led to devastating systemic and interpersonal violence, including numerous deportations, arrests, and deaths, most notably the recent murder of eight people at three Atlanta-based spas. The policing of sex workers has historically been mobilized along fears of sexually transmitted disease and infection, and more recently, within the past two decades, around a moral panic against sex trafficking. New racial anxieties around the coronavirus as an Asian disease have been mobilized by the state to further cement the justification of policing Asian migrant workers along the axes of health, migration, and sexual labor. These justifications also solidify discriminatory social welfare regimes that exclude Asian migrant massage workers from accessing services on the basis of the informality and illegality of their work mixed with their precarious citizenship status. This paper draws from ethnographic participant observation and survey data collected by two sex worker organizations that work primarily with massage workers in Toronto and New York City to examine the double-edged sword of policing during the pandemic in the name of anti-trafficking coupled with exclusionary policies regarding emergency relief and social welfare, and its effects on migrant Asian massage workers in North America. Although not all migrant Asian massage workers, including those surveyed in this paper, provide sexual services, they are conflated, targeted, and treated as such by the state and therefore face similar barriers of criminalization, discrimination, and exclusion. This paper recognizes that most migrant Asian massage workers do not identify as sex workers and does not intend to label them as such or reproduce the scapegoating rhetoric used by law enforcement. Rather, it seeks to analyze how exclusionary attitudes and policies towards sex workers are transferred onto migrant Asian massage workers as well whether or not they provide sexual services.

scholarly journals Labouring in the Sex Industry: A Conversation with Sex Workers on Consent and Exploitation

2021 ◽  
Vol 10 (3) ◽  
pp. 86
Author(s):  
Francine Tremblay
Keyword(s):  
Sex Work ◽  
Sex Workers ◽  
Service Industry ◽  
Sex Industry ◽  
Cultural Symbol

Sex work in all its forms is an occupation that belongs to the service industry, and like any other work, sexual labour is open to exploitation. However, the reason why sex work is seen to be different from other forms of labour is that it betrays the socially accepted rules of love and intimacy and is exercised within a criminalised environment. As a cultural symbol, sex work remains steadfastly linked to aberration and dangerousness. This article juxtaposes the legal and lay definitions of consent and exploitation based on conversations with fourteen Canadian sex workers. The objective of this exploratory article is to delve within two ill-defined and highly contested notions related to the sex industry—consent and exploitation.

scholarly journals Precarious or Protected? Evaluating Work Quality in the Legal Sex Industry

2016 ◽  
Vol 21 (4) ◽  
pp. 173-187 ◽  
Author(s):  
Alice Orchiston
Keyword(s):  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Sex Industry ◽  
Labour Law ◽  
Industry Regulation ◽  
Regulatory Model ◽  
And Control ◽  
The Relationship ◽  
Legal Sex

Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First, the article documents workplace practices in the Australian legal brothel sector, examining sex workers’ agency, autonomy and control over the labour process. Second, it analyses the capacity of each regulatory model to protect sex workers from unsafe and unfair working conditions. On the basis of these findings, the article concludes that brothel-based sex work is precarious and substantively excluded from the protective mantle of labour law, notwithstanding its legality. It is argued that the key determinant of conditions in the legal brothel sector is the extent to which the state enforces formal labour protections, as distinct from the underlying regulatory model adopted.

scholarly journals Del paradigma higienista a las teorías de la interseccionalidad. La construcción social de la ocupación de trabajadoras sexuales

2016 ◽  
Vol 8 (1) ◽  
pp. 7
Author(s):  
Teodora Hurtado Saa
Keyword(s):  
Sex Work ◽  
Sex Workers ◽  
Alternative View ◽  
Sex Industry ◽  
Industrialized Countries ◽  
The Social ◽  
Colombian Women ◽  
Las Mujeres ◽  
Trabajadoras Sexuales ◽  
Sex Market

Resumen: Este artículo versa sobre el actual estado    de la teorización, de la terminología y del conocimien- to empírico relativo a la producción social y ejercicio del trabajo sexual, con atención especial a las teorías    y conceptos que estructuran el tema de la participación diferenciada de las mujeres en general, y de las muje- res con características étnicas/raciales subalternizadas en particular, en el mercado del sexo. Se delinea una postura alternativa a los planteamientos convenciona- les higienistas, criminalistas o victimistas desde donde tradicionalmente se ha analizado la cuestión. Adicio- nalmente, se reflexiona sobre el crecimiento, expansión y modernización de la industria del sexo, en la que algu- nos países post-industrializados asumen la condición de demandantes y los países en vía de desarrollo, la de ofer- tantes de mano de obra para el consumo de experiencias sexuales de diferente índole. De igual modo, se delibera sobre la importancia que tiene la comercialización del sexo, para el desarrollo económico de algunos países y el trabajo sexual como estrategia de “rebusque” frente a los embates de la vida cotidiana. Asimismo, describimos las formas de explotación y de ejercicio del oficio de tra- bajadoras del sexo.Palabras claves: Mercado global del sexo, construcción de la ocupación, interseccionalidad, trabajo sexual, mu- jeres afrocolombianas, sexualidades disidentesFrom the Hygienist Paradigm to Intersectionality. The Social Construction of Sexual WorkAbstract: The present article deals with the current state of the theorizing, the terminology and the empirical knowledge about the social production and exercise of sex work, with special attention to theories and concepts that structure the subject of the different participation in the sex trade of women in general, and of women with subalternized ethnic/racial features in particular. It de- lineates an alternative view to conventional hygienist approaches, or criminal or victimization approaches, traditionally used to analyze the issue. In addition, this paper reflects on the growth, expansion and moderniza- tion of the sex industry, in which some post-industrialized countries provide the demand and developing countries provide the supply of labor for the consumption of sexual experiences. Similarly, it discusses the importance of the commercialization of sex for the economic development of some countries and of sex work as a strategy of look- ing for informal work while coping with the ravages of everyday life. It also describes the forms of exploitation of sex workers in the exercise of their profession. Key words: global sex market, occupation, intersection- ality, sex work, Afro-Colombian women, dissident sexu- alities

scholarly journals Female Subversion through Sex Work: Transgressive Discourses

2018 ◽  
Vol 14 (1) ◽  
pp. 114-137
Author(s):  
Marta Olasik
Keyword(s):  
Sex Work ◽  
Sex Workers ◽  
Sociological Theory ◽  
Gender And Sexuality ◽  
Theory And Practice ◽  
The Other ◽  
Sex Industry ◽  
Female Sex ◽  
Lesbian Studies ◽  
The One

The main objective of this article is to provide a multi-faceted and spatially-sensitive reflection on sex work. Taking as a point of departure subversive feminist politics on the one hand and the much contingent notion of citizenship on the other, I intend to present various forms of prostitution as potentially positive and empowering modes of sexual and emotional auto-creation. Informed by the leading research of the subject, as well as inspired and educated by Australia-based Dr Elizabeth Smith from La Trobe University in Melbourne, who had researched and presented female sex workers as self-caring and subversive subjects who make own choices and derive satisfaction from their occupation, I wish to seek academic justice for all those women (and men or trans people, for that matter) in the sex industry who feel stigmatized by political pressure and ultra-feminist circles across Europe. Translating Dr Smith’s significant research into European (and Polish) social realities would be a valuable contribution to the local discussions on gender and sexuality, and axes they intersect with. More importantly, however, a framework of a conceptual interdisciplinary approach needs to be adopted—one in which a specific queer form of lesbian feminist reflection is combined with human geography, both of which have much to offer to various strands of sociological theory and practice. Therefore, as a queer lesbian scholar based in Poland, I would like to diverge a bit from my usual topic in order to pay an academic and activist tribute to the much neglected strand of sociology of sex work. However, my multi-faceted and interdisciplinary academic activity allows me to combine the matter in question with the field of lesbian studies. Both a female sex worker and a lesbian have been culturally positioned through the lens of what so-called femininity is, without a possibility to establish control over their own subjectivities. Hence, on the one hand the article is going to be an academic re-interpretation of sex work as such, but on the other, methodological possibilities of acknowledging and researching lesbian sex workers will be additionally considered with special attention to feminist epistemologies and praxis. While a sensitivity to a given locality is of utmost importance when dealing with gender and sexuality issues, I would like to suggest a somewhat overall approach to investigating both female empowerment through sex work and lesbian studies inclusive of sex workers. Importantly, the more common understandings of the sex industry need to be de-constructed in order for a diversity of transgressive discourses to emerge.

A neverending stream : human trafficking in Medieval Europe

2019 ◽  
Author(s):  
◽  
Christopher Paolella
Keyword(s):  
Human Trafficking ◽  
Middle Ages ◽  
Twelfth Century ◽  
Late Antiquity ◽  
Western Europe ◽  
Slave Trade ◽  
Labor Demand ◽  
Sex Industry ◽  
Agricultural Labor ◽  
Long Distance

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT REQUEST OF AUTHOR.] This study focuses on human trafficking patterns from Late Antiquity to the Early Modern Era. I argue that while slavery, as a means of compelling agricultural labor, disappeared across much of Western Europe by the middle of the twelfth century, the commercial sex industry grew. As slavery died out, the slave trade withered across Western Europe and gradually reoriented itself around the Mediterranean basin. Yet, human trafficking networks remained in Western Europe, if in attenuated form. They continued to supply a smaller, but no less persistent, labor demand that was now fueled by brothels and prostitution rings instead of agriculture. I argue further that the experiences of women link the sex trade and the slave trade, and that twelfth-century socio-economic development linked the earlier long-distance slave trade and the local and regional trafficking networks of the later Middle Ages.

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