This article describes and discusses the results of two comparative studies of prostitution policy in Europe that are complementary in their design and methodology. One is a comparison of 21 countries using a most different systems design; the other an in-depth comparison of Austria and The Netherlands, using a most similar systems design. The two studies found a remarkable continuity in the inherent approach to the regulation of prostitution and its effects. Despite differences in political regime, administrative organization, and national cultures, since the middle of the 19th century, the purpose of prostitution policy has been to impose strict controls on sex workers and to a lesser extent their work sites. The effects of this approach have been disappointing: despite rhetorical claims to the contrary the control of sex workers has no discernable effect on the prevalence of prostitution in society. The effects of policies aimed at control are mostly negative in that they corrode the human and labor rights of sex workers. The article discusses several challenges to the regulation of prostitution (such as its deeply moral nature and the lack of precise and reliable data) as well a number of other important outcomes (such as the importance of local policy implementation for the effects of regulation). The article concludes with the empirically substantiated suggestion that a form of collaborative governance in which sex worker advocacy organizations participate in the design and implementation of prostitution policy offers real prospects for an effective and humane prostitution policy.
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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.
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).
In the run-up to the 2014 World Cup and 2016 Olympics, the Brazilian government engaged in a militarized campaign to clean up favelas, blighted areas, and red-light districts so that it could “develop” them. Based on ethnographic work in Rio de Janeiro, London, and Cape Town, this article argues that there is a pattern in host cities of such events in which neoliberal agents, state forces, and nongovernmental organizations use discourses of feminism and human rights—especially unfounded fears about a link between sex trafficking and sports—to enact such changes regardless of the political economic conditions or systems of governance. By destroying safe and legal venues for sex work, these actors have created the very exploitation they purport to prevent. The article also links these actions to US foreign policy mandates and a broader shift in governmentality in Brazil predicated on performing a commitment to sexual diversity, including promoting gay rights and tourism, and advancing liberal notions of sexual progress that, in actuality, marginalize more vulnerable sexual populations.
Sullivan, Barbara, “Rape, Prostitution and Consent”, Australian & New Zealand Journal of Criminology August 2007 vol. 40 no. 2, pp. 127-142.
Sex workers are particularly vulnerable to sexual assault. However, until recently, there were significant barriers to the prosecution of those who raped sex workers. Prostitutes were seen as ‘commonly’ available to men, as always consenting to sex and thus as incapable of being raped. This article examines 51 judgments — from the United Kingdom, Australia, Canada and New Zealand — where evidence of prostitution was presented between 1829 and 2004. It demonstrates an important change in the 1980s and 1990s when, for the first time, men began to be prosecuted and convicted for raping sex workers.This change was partly due to rape law reform, but also to feminist activism and broader changes in social attitudes to rape. The article argues that sex workers have recently been ‘re-made’ in law as women vulnerable to rape, as individuals able to give and withhold sexual consent. This development needs to be taken seriously so that law and policy addressed to the sex industry works to enlarge (not reduce or constrain) the making of prostitutes as subjects with consensual capacity. This necessarily involves attention to more legal rights for prostitutes, as workers, and calls into question the conceptualisation of prostitution as always involving rape.
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