Study shows that criminalization fuels trafficking; decriminalization prevents it

Sex workers who are legally protected and empowered to set boundaries can access justice and receive specialist support. MSN reports that’s what a recent study found in places where sex work is decriminalized. In contrast, that same study found those in a criminalized setting were more vulnerable to exploitation and conditions of modern slavery and less likely to report abuse. 

Criminalization leads to stigma and fear 

Current research across four legal jurisdictions examining sexual violence in the field of sex work underlines what many have been saying for years. Decriminalizing sex work reduces stigmas and affords workers the ability to negotiate consent and seek support when violations occur. Subsequently, reducing vulnerability to exploitation and abuse. 

Professor Teela Sanders, in the School of Criminology at the University of Leicester, says: 

“Stigma against sex workers—particularly in criminalized and partially criminalized settings—can be embedded within essential services such as health care and policing. This stigma often leads to compounded harm for sex workers, further alienating them from the services they need.” 

The study found sex workers in criminalized settings faced legal barriers and a fear of law enforcement. Thus, without legal protections, they were far less likely to report abuse and exploitation. This was a stark contrast to those working in decriminalized or legalized settings like New Zealand and Nevada’s managed brothels.

Urgent need to protect the rights of sex workers 

Researchers for the study interviewed criminal justice professionals, support workers, and sex workers from the US, New Zealand, and the UK. They found that the legal framework in each jurisdiction shaped how workers negotiated consent. Additionally, sex workers in decriminalized settings demonstrated greater awareness of their legal rights and felt empowered to assert boundaries. Also, authorities in each country responded to violence differently, depending on legal recognition and enforcement.

Sanders states:

“This study highlights an urgent need for legal and policy reforms to protect sex workers’ rights and empower them to set and maintain boundaries, while providing effective mechanisms for redress.”  

Concurrently, distrust of authorities was also listed as a key barrier to reporting abuse and exploitation. Many said due to their lack of trust in law enforcement and the criminal justice system, they simply chose not to report violations. 

Access to justice means full decriminalization 

Ensure survivors have choice and control in reporting. Build trust through specialist support. Form partnerships between mainstream services and sex worker-led organizations. Those are just some of the recommendations made by sex workers interviewed for the report.  

Deputy Chief Constable Dan Vajzovic, of the UK’s National Police Chiefs’ Council, said: 

“Across society, we need to do more to tackle violence against women and girls; this is especially true when considering under-protected communities such as sex workers. I welcome this contribution to strengthening our knowledge base and hope that it allows consideration of whether better legislative frameworks can be developed.” 

To improve protections and access to justice for sex workers, the research calls for the full decriminalization of sex work. Freedom United has long stood beside sex workers and those calling for decriminalization.

Take action and sign up for our webinar on March 19!

That’s why we’re urging Illinois lawmakers to pass SB2391 to protect the rights and safety of sex workers while strengthening efforts to combat human trafficking.

We are also hosting a webinar on March 19th titled Rethinking laws to address sex trafficking. Register to attend this free event and sit down with the experts.

Together, we can help prevent abuse, stop trafficking, and ensure that every individual has the power to protect themselves from exploitation.