New York is expected to see a new bill introduced this week that would de-criminalize sex work in the state but continue to punish the customers of sex workers.
The 2021 bill, created by Senator Liz Krueger (D-Manhattan), will be in direct competition with a previous bill introduced in 2019 by Senator Julia Salazar (D-Brooklyn) and Assemblyperson Richard Gottfried (D-Manhattan) that would decriminalize all aspects of sex work.
“Trying to stop sex work between consenting adults should not be the business of the criminal justice system. It has not worked for a couple of thousand years,” said Gottfried when promoting his full decriminalization approach in 2019.
Krueger however argues that full decriminalization isn’t likely to pass and suggests her approach, which leaves customers vulnerable to arrest, is more practical.
“I think my approach is more realistic as an option,” said Kreuger.
Opponents of any de-criminalization of sex work often cite concerns about sex trafficking to explain their positions.
Melissa Holland is co-founder and executive director of Awaken, a religious organization out of Nevada that argues against de-criminalization laws. Holland was asked in 2019 to comment on the full de-criminalization approach championed by Salazar and Gottfried.
“When the demand goes up, you have to increase the supply, and that’s in trafficking women and children,” Holland told the NY Post.
But others — including many sex workers — believe criminalization leaves sex workers at great risk of harm. A report released last December from a coalition of health experts and advocates and funded by the Elton John AIDS Foundation presented a variety of reasons why de-criminalization is the right approach.
Key findings from the report include:
— “DC prostitution laws are not successful at stopping sex work because people rely on sex work for survival and for access to money, housing, and other necessities.”
— “Harassment, violence, and coercion by the police and others in the community against sex workers are facilitated – indeed, encouraged – because sex workers are criminalized.”
— “Sex work is different from trafficking, but criminalization of sex work allows exploiters to use the threat of arrest to control and traffic their victims.”
— “DC laws stigmatize sex workers, and stigma creates barriers to accessing HIV care and prevention, regular medical care, community programs, and other services. These barriers act to trap sex workers in cycles of poverty and homelessness.”
With respect to partial de-criminalization, commonly known as “the Nordic model” due to its use in some Nordic countries like Norway and Sweden, adult industry insiders often say it doesn’t go far enough.
Melody Kush is an adult content creator and podcast host. She told YNOT Cam that failure to pursue full de-criminalization won’t do enough to protect sex workers from potential harm.
“Criminalizing one side of the transaction gives power to the client to request that the meeting be done in potentially unsafe conditions for the SWer, just so the client can protect themselves from arrest. SWers are inclined to agree to those terms because they need the money to survive. Studies have shown that partial criminalization often puts the worker in more danger of violence,” said Kush.
Kush said it’s important for all sides to feel safe so best screening practices can proceed without objections from clients.
“With full decriminalization, clients are less likely to refuse screening, and workers can operate in spaces where they feel safe – it gives workers more control. Decrim would also eventually contribute to lifting stigma, so workers feel more comfortable reporting instances of violence,” Kush added.
💛Mellow Yellow💛 pic.twitter.com/Vtc9EKtNR2
— 🌸Mel Kush🌸 (@MelodyKush) January 21, 2021
That’s a sentiment that’s fully shared by adult industry star Allie Awesome, who told YNOT Cam that full decriminalization is essential to protect sex workers.
“I would never support legislation that included full or partial criminalization of sex work. Regardless of what these politicians tell themselves and the public, partial criminalization still puts sex workers in danger. They need to start listening to the very people they claim to want to protect,” she said.
Not going to lie. I’m horny af right now. pic.twitter.com/yIwrv6eOoR
— Allie Awesome (@AllieAwesome415) January 21, 2021
Alana Evans is a performer and President of the Adult Performance Artists Guild (APAG). She pointed out that laws that criminalize any part of sex work have broad impact and need to go.
“We fully support the decriminalization of sex work. Only two states in the US, California and New Hampshire, is filming porn legal. We need to fight for decriminalizing because it will legalize all levels of sex work. It’s technically not legal to even shoot content for your Onlyfans page given these current laws. Decriminalizing sex work is a must to ensure the growth and safety of all workers in our business. The Nordic model does nothing to support sex workers. It simply places workers in harm’s way,” said Evans.
Request for comment from Sen. Krueger’s office was not returned in time for publication of this story.
All this trouble waiting for you https://t.co/2slxHebPuL pic.twitter.com/v9KxzWh6RP
— Alana Evans (@alanaevansxxx) January 19, 2021
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Kai Morgan has spent more than ten years writing copy for tech companies. She is fiercely independent and thrives in non-traditional working environments. Contact her via kai@ynotcam.com.