FOR IMMEDIATE RELEASE
March 26, 2025 — While the United States and the United Kingdom remain close allies on many policy fronts, their legislative approaches to sex work are moving in opposing directions.
As U.K. lawmakers push forward efforts to criminalize the purchase of sex through amendments to the Policing and Crime Bill, Illinois is on the cusp of becoming the first U.S. state to fully decriminalize sex work through the Sex Workers Bill of Rights Act. This stark contrast raises urgent questions about the real-world impact of these policies on tackling trafficking, exploitation, and violence.
Speaking at an event hosted by Freedom United on Wednesday, Brian Johnson, CEO of Equality Illinois, explained the significance of Illinois’ bill, which is at the initial stage of the legislative process, having been referred to the Senate Assignments Committee:
“Research confirms that when sex workers who are engaging in transactions of their full and able consent, are able to be in the traditional economy, they are more likely to partner, if they so wish, with police and prosecutors to go after traffickers.”
Meanwhile, a U.K. parliamentary committee is considering amendments to the Crime and Policing Bill. While changes include welcome measures to require pornography websites to verify the age and permission of everyone featured on their site, and enable withdrawal of consent at any time, other measures would further criminalize sex work by making it an offense not just to buy sex, but also to facilitate or benefit from the purchase of sex in any way. Advocates warn this could drive sex work further underground, making it harder to identify trafficking victims and get them support.
During Freedom United’s panel discussion, Marin Scarlett an organizer with Decrim Now, spoke about the risks posed by the proposed changes:
“There’s a huge push at the moment in the UK, with amendments just published to the Crime and Policing Bill, to introduce further criminalization of sex work by labeling everything as sexual exploitation. And then there’s this second push that’s coming from the law. And this is just hugely harmful to both sex workers and people who are victims of trafficking and exploitation. This mass label, when we call everything, we just decide that all sex work is also exploitation.”
A growing body of evidence confirms that criminalizing sex work leaves individuals more vulnerable to abuse and exploitation, while decriminalization provides stronger overall protections and greater access to justice. These findings were reaffirmed during the latest panel discussion, Protecting Rights, Preventing Harm: Rethinking Laws to Address Sex Trafficking, hosted by Freedom United, which brought together leading voices from both sides of the Atlantic to explore the consequences of these vastly different legislative paths.
Illinois Bill 2391, Sex Workers Bill of Rights Act: A step toward decriminalization
Bill 2391, also known as the Sex Workers Bill of Rights Act, aims to fully decriminalize sex work in the state, marking a historic shift in U.S. legislative approaches.
Key provisions of Bill 2391:
- Decriminalizes consensual adult sex work, removing criminal penalties for both sex workers and clients.
- Establishes a Sex Workers Bill of Rights, affirming that sex work is labor and should be afforded workplace protections.
- Ensures that individuals engaging in sex work can report crimes—such as trafficking, violence, and exploitation—without fear of arrest or police harassment.
- Expands access to public health services and legal protections for sex workers, particularly marginalized groups such as transgender individuals and people of color.
- Strengthens anti-trafficking efforts by prioritizing the prosecution of coercion and exploitation rather than consensual transactions.
How it aims to protect sex workers and trafficking survivors:
- It enables trafficking survivors to safely come forward and receive assistance without being treated as criminals themselves.
- By removing criminalization, the bill allows sex workers to seek help from law enforcement and access legal protections without fear of being arrested or prosecuted.
- Encourages cooperation between sex workers and authorities to help identify and prosecute traffickers.
Impact if passed:
- Would make Illinois the first U.S. state to fully decriminalize sex work, setting a precedent for other states.
- Research shows decriminalization leads to a decrease in violence towards consensual sex workers and victims of sexual exploitation, and fewer instances of police harassment and abuse.
- Strengthens public health outcomes by improving access to medical and mental health services for consensual sex workers and victims of sexual exploitation.
- Enhances anti-trafficking efforts by shifting focus toward perpetrators of exploitation rather than criminalizing those who may be vulnerable to trafficking.
One panelist, Brian Johnson, CEO of Equality Illinois, underscored the significance of this legislative shift:
“We just looked at the data. 75% of sex workers in the United States will be violently assaulted during their career, and two-thirds of all trans folks murdered in the past decade were sex workers. So we worked to build a coalition that would make Illinois the first state in the country to fully decriminalize sex work, to create a bill of rights that says, look, this is labor. Labor should be protected. And there are a lot of benefits to this, particularly on the trafficking and exploitation side. Research confirms that when sex workers who are engaging in transactions of their full and able consent, are able to be in the traditional economy, they are more likely to partner, if they so wish, with police and prosecutors to go after traffickers.”
On the passage of Bill 2391, he added:
“This will absolutely pass. I am absolutely convinced of that. I can’t tell you exactly when, it’s a matter of time, but we will get there.”
The U.K.’s proposed changes to the Crime and Policing Bill: The push to criminalization
In stark contrast to Illinois’ approach, the U.K. government is advancing amendments to the Crime and Policing Bill that would further criminalize sex work under the guise of combatting sexual exploitation.
Details of proposed U.K. legislation:
- Introduces provisions that criminalize the purchase of sex, a move that has been widely criticized for increasing risks to both consensual sex workers and victims of sexual exploitation.
- Expands the legal definition of sexual exploitation, effectively conflating all sex work with trafficking.
- Strengthens law enforcement’s ability to conduct raids and arrests, increasing the likelihood of deportation for migrant sex workers.
Concerns raised by human rights and anti-trafficking organizations:
- Lumping all sex work under the label of exploitation erases the distinction between consensual work and trafficking, making it harder to identify actual victims of exploitation and coercion.
- Criminalizing clients pushes sex work underground, increasing the risk of violence and making it more difficult for sex workers to screen clients.
- Harsh immigration enforcement practices discourage reporting, as sex workers—especially migrants—fear arrest, deportation, or having their children taken away.
- Survivors of trafficking struggle to access support due to restrictive compensation schemes that deny the majority of applicants.
Potential consequences for sex workers and trafficking survivors:
- Increased police surveillance and criminalization could push sex workers into more dangerous conditions, exposing them to greater exploitation.
- Victims of trafficking may be less likely to seek help, as they fear being arrested or deported rather than receiving support.
- Further marginalization of already vulnerable groups, particularly undocumented migrants, LGBTQ+ individuals, and people of color.
- By comparing these legislative approaches, the panel discussion underscored the urgent need for evidence-based, rights-focused policies that truly protect both sex workers and trafficking survivors, rather than driving them further into harm’s way.
Criminalization creates barriers to protection
Research presented during the event confirmed that where sex work is criminalized, individuals—both trafficking victims and consensual sex workers—face increased violence, reduced access to support services, and heightened fears of reporting abuse. In contrast, jurisdictions that have decriminalized sex work see improved outcomes in public health, safety, and justice.
Maya Esslemont, Director of After Exploitation, described how UK policies criminalize victims:
“At the moment in the U.K., if you are a victim of any crime, including sexual exploitation, which is recognized as a form of modern slavery, it’s not a guarantee that you won’t have your details passed on to immigration enforcement. And in that way, you’re treated as a perpetrator rather than a victim.”
She warned of a regressive trend in U.K. policy:
“Unfortunately, what we are seeing is a backward step in the way that sexual exploitation is being defined versus what the reality is on the ground. When it comes to supporting survivors in the U.K., the definition of sexual exploitation is being narrowed and narrowed, and when it comes to immigration raids, the definitions are increasingly broadened.”
Marin Scarlett further illustrated the consequences of criminalization with a real-world example:
“There’s a woman who did try to go to the police, she was in an abusive situation. And the police ignored all the evidence that she had regarding this abusive actor. And instead, they asked her about her immigration status, found out that she had a child, and threatened her with social services. Now she is understandably refusing to engage with the police at all. While this perpetrator of violence and exploitation is walking free because when sex workers or victims try to engage with the police, overwhelmingly, they are met with an abusive response.”
Shifting policies: A pivotal moment for legislation
Brian Johnson highlighted the broader implications of criminalization:
“People understand that we don’t actually have to outlaw construction to go after trafficking in the construction industry. We don’t have to make domestic work a crime to go after traffickers. And we don’t have to incarcerate farmers to go after trafficking in agriculture. But when you try to extend that to sex work, it’s a bridge too far for many people initially.”
Despite the challenges, he remains optimistic:
“But I’m also encouraged to say, on hope, you know, five years ago, nobody, nobody was talking at scale, sorry, at the leadership level, about sex work, until consensual sex, the possibility of decriminalization, and there’s not a single legislator in the Illinois General Assembly who isn’t read in on this issue, who isn’t talking about it. They might not be where we want them to be yet, but people are moving faster than I would have anticipated.”
The evidence for decriminalization
All three panelists were steadfast on their stance that decriminalized settings provide stronger legal protections, reduce police harassment, and enable trafficking victims and consensual sex workers to report violence without fear of legal consequences.
As more governments reassess their approach to sex work laws, Freedom United urges policymakers to move away from punitive measures and adopt evidence-based approaches that prioritize human rights and safety. We call on decision-makers to listen to those most affected—ensuring that laws meant to combat trafficking do not inadvertently endanger the very individuals they aim to protect.
Watch the full discussion here: https://www.freedomunited.org/webinars/rethinking-laws-to-address-sex-trafficking/
Contact: [email protected]
About Freedom United:
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