What is Decriminalization?

What is Sex Work? What is Decriminalization? Legal Approaches Fact Sheets

Before we delve into decriminalization, it's important to understand what sex work really is...

Sex Work Is…

Workers' Rights

Decriminalization of sex work gives workers more control over their work conditions and increases their ability to work independently or as part of a workers' collective.

Racial Justice

Black and brown people experience higher rates of arrest and police violence for engaging in sex work or being perceived as a sex worker. Black and brown people also experience higher rates of arrest for patronizing a sex worker. Decriminalizing sex work would improve safety and agency for Black and brown sex workers.

Gender Justice

People of all genders engage in sex work, but women, especially Black, brown, transgender, and undocumented women, experience higher rates of police surveillance, arrest, prosecution, and incarceration. Criminalization of sex work is state control of Black and brown women and femme bodies and an attack on bodily autonomy. “My body, my choice.”

LGBTQ Rights

LGBTQ people have a long history of criminalization for engaging in sex. Criminalization of sex work is an extension of outdated laws creating criminal penalties for consensual sex between adults. 11% of transgender people in the United States, and 40% of Black transgender people, have engaged in sex work. Additionally, sex work is often used as a survival tool by homeless LGBTQ youth.

Health Justice

Decriminalization allows clients to negotiate terms such as using condoms and makes it safer for them to regularly test for STIs. A study from the World Health Organization in 2015 found that full decriminalization of sex work could lead to 33-46% decrease in HIV infections in female sex workers globally over the next decade. Discrimination and harassment in healthcare settings keeps sex workers from being able to practice harm reduction and health promotion. Decriminalizing sex work would help to decrease stigma and improve health outcomes.

Economic Justice

Currently, sex workers have no workers’ rights and are excluded from financial services. Decriminalizing sex work would allow sex workers economic stability and a means to enforce their labor rights. Additionally, decriminalizing sex work leads to significant government savings in the criminal legal system, health sector, and income tax revenue.

Disability Rights

Working a 9-5 job is not sustainable for some disabled people, particularly when accommodations often fall woefully short, if provided at all. Sex work is less physically demanding, accessible, and allows for autonomy. Sex workers can schedule around bad health days, medical appointments, and an inability to work long hours. Disabled sex workers combat the ableism of desexualization of disabled bodies. Decriminalization would ensure autonomy for disabled workers and decrease risky interactions with clients.

Immigrant Justice

Undocumented sex workers have minimal power over their work and safety due to the dual criminalization they face as sex workers and undocumented people. Sex workers are often excluded from accessing housing and healthcare services, including HIV and STI prevention. Efforts to decriminalize sex work must also focus on improving labor rights for undocumented immigrants.

What is Decriminalization?

Decriminalization of sex work represents a pivotal legal approach that centers the voices and safety of sex workers themselves. By removing punitive laws that criminalize their profession, decriminalization acknowledges sex work as legitimate labor and grants workers the rights and protections they deserve. This approach empowers sex workers to advocate for their own safety, access healthcare without fear of legal repercussions, and seek justice when they face exploitation or violence. Moreover, decriminalization fosters a supportive environment where sex workers can organize, access resources, and establish standards that prioritize their well-being. Ultimately, by listening to and prioritizing the perspectives of sex workers, decriminalization not only promotes human rights but also creates safer working conditions and reduces societal stigma.

Full Decriminalization Of Sex Work Is The Only Model Shown To Increase Worker Safety While Reducing Barriers To Resources

Types of Legal Approaches
Decriminalization	Legalization	Nordic/Equality/End Demand
Removes criminal penalties for sex work and sex work related activities	Creates a regulatory framework that leaves some workers criminalized. Low-income workers might not be able to afford regulatory fees and licenses. Legal enforcement of regulations leads to higher chance of criminalization of sex workers or sex work related activities	Removes criminal penalties for sex workers but not for clients or peer organizing leading to clients preferring rushed, isolated, and anonymous interactions which could create dangerous situations for workers
Reduces fear of arrest by allowing workers to more freely pursue resources, safety measures and services	Resources provided to law enforcement to enforce regulations. Criminalized workers still experience barriers to resources	Workers’ financial resources are impacted, leading them to having less choice in clients and having to take bigger risks to survive
Enables workers to more effectively screen clients, engage in more direct communication and organize with other workers to create safety and information networks. Lowers risk of STI and HIV transmission.	Criminalized workers still experience risks to safety; non-criminalized workers can lose autonomy around safety practices	Rates of violence against workers go up due to criminalization of safe client-screening options. Clients are less likely to participate in screening and condom usage leading to potentially higher rates of STI and HIV transmission
Limits interactions between sex workers and police and decreases stigma and legal concerns so that sex workers can safely access sexual health services	Creates a division between “legal” vs “illegal” sex workers and encourage policing and criminalization and stigma of sex work related activities	Requires sex workers to continue to avoid police due to criminalization of sex work related activities, supplies and location and continue to face harassment while seeking sexual health services

Full Decriminalization Is The Only Model Recommended By The World Health Organization And Sex Workers Around The Globe

Fact Sheets

Our fact sheets on sex work decriminalization are now available for download, empowering individuals to access accurate information and advocate for policy change. Share widely to educate communities and promote informed discussions on the importance of decriminalizing sex work for the well-being and rights of all individuals involved. They can be accessed Here