Archive

Tag Archives: Criminalization and Police

The regulation of sex work continues to be a divisive topic in England and internationally. Policies governing the policing of the sex industry in England are continually revised and debated, but are seldom grounded in empirical evidence of sex workers’ experiences. Based on 49 qualitative interviews with sex workers in England, this article finds that indoor sex workers had far more positive experiences with the police than outdoor sex workers. Despite this difference, both indoor and outdoor sex workers perceive their interactions with the police through the lens of their stigmatized status as sex workers and do not expect respectful treatment by the police. This article presents compelling evidence that an enforcement-led approach to policing creates insuperable barriers to the success of protective policing.

Abstract
This article uses Jonathan Simon’s concept of ‘governing through crime’ as a framework to argue that the state has framed sex work, and its surrounding problems, as issues of crime. There has been a privileging and proliferation of criminal justice responses to sex work in England and Wales, at the expense of more social or welfare-based responses and at the expense of creating safer environments for sex workers to work. Criminal law is used to manage and control sex work, to reinforce other policies, such as immigration and border control, and to appear to be doing something about the ‘problem’ of sex work without providing rights to sex workers. By framing sex work as an issue of crime, with sex workers being both the perpetrators of crime and the potential victims of exploitative crime, the state is able to legitimise its actions against sex workers, while ignoring the harm done to sex workers by the state.
.
Abstract
.
Criminologists are increasingly turning their attention to the intersections between immigration and crime control. In this article, we describe and discuss four regulatory practices whereby Norwegian police combine criminal law and immigration law in different ways vis-à-vis migrant women involved in prostitution. These practices target sex workers with exclusionary measures, even though the sale of sex is legal. These regulatory practices illustrate how Norwegian anti-prostitution policies are combined with an anti-trafficking agenda, something which creates a policing regime dependent on extensive forms of surveillance and control over sex workers’ lives and mobility, and on partnerships and networks of governance.

Baratosy, & Wendt. (2017). “Outdated Laws, Outspoken Whores”: Exploring sex work in a criminalised setting. Women’s Studies International Forum, 62, 34-42.

Abstract

This article explores the experiences of sex workers living and working in South Australia under laws that criminalise their profession. A qualitative research methodology was used to interview sex workers about their work experiences. It was found that working in a criminalised setting raised particular concerns for sex workers including an erosion of workplace protections, outreach services, access to health service and increased policing. This article argues that criminalising sex work leads to human rights violations, therefore sex work should be decriminalised to ensure workers are protected. The themes from the interviews build qualitative evidence supporting the decriminalisation of sex work. This research has been supported by the Sex Industry Network of South Australia (SIN).

http://www.sciencedirect.com/science/article/pii/S0277539516301273

Abstract

The Legal Aid Society’s Exploitation Intervention Project (EIP) represents most individuals prosecuted for violating New York State prostitution laws. EIP also represents survivors of trafficking into prostitution and works to clear charges from their criminal records if they were a result of having been trafficked. Urban researchers gathered data from both groups of EIP clients to describe who is facing arrest in New York City for prostitution and who has faced arrest and prosecution for prostitution in the past. This study explores the background and needs of EIP clients, in addition to the challenges these clients face within the criminal legal system.

Full report available here.

Abstract

The Archives de la Préfecture de Police de Paris have served as an important source base for historians of both female prostitution and male homosexuality during the nineteenth century. Although the archives often place these two forms of sexual marginality in the same series, cartons, and dossiers, historians have almost always treated the two as distinct social categories. This article argues that this separation results from an overreliance on the modern sexual identity categories that serve as our point of departure. Instead, we should approach the archive without identifying with it in order to formulate a vision of the sexual past that may or may not reflect our own sexual organization. In dialogue with a broader discourse that conflated male same-sex sexual activity with female prostitution, these archives participate in the production of a sexual category that has as much to do with the selling of sex as it does with same-sex sexual desire.

Les historiens de la prostitution féminine et de l’homosexualité masculine au dix-neuvième siècle ont abondamment utilisé les archives de la Préfecture de police de Paris. Bien que les archives situent souvent de ces deux formes de marginalité sexuelle dans les mêmes séries, cartons, et dossiers, les historiens les ont presque toujours traitées comme des catégories sociales distinctes. Le présent article affirme que cette séparation repose sur une dépendance des catégories qui fournissent le point de départ des enquêtes historiques. Le refus de s’identifier à l’archive est une étape nécessaire pour formuler une vision du passé sexuel qui peut—ou pas—refléter notre propre organisation sexuelle. En dialogue avec un discours combinant les activités sexuelles entre hommes avec la prostitution féminine, ces archives participent en effet à la production d’une catégorie sexuelle qui a autant à voir avec le commerce du sexe qu’avec le désir homosexuel.

Rachel Marshall, Sex Workers and Human Rights: A Critical Analysis of Laws Regarding Sex Work, 23 Wm. & Mary J. Women & L. 47 (2016), http://scholarship.law.wm.edu/wmjowl/vol23/iss1/5

From:

2016 Special Issue: Combating Human Trafficking Through Law and Social Policy, William & Mary Journal of Women and the Law, Volume 23 (2016-2017), Issue 1 (2016)