Policy and Legal Frameworks of

Sex WorkAnd it’s impact on our

workChristian VegaAri Reid

Janelle Fawkes

Presentation OverviewIntroductionModels of Sex Work LegislationCriminalisationLegalisation

Problem Areas of LegalisationEnforcement

DecriminalisationWhy sex workers support Decriminalisation as best

practice

Legislative changes, the good, the bad, the uglyFunding for Advocacy

Introduction“That … [sexual] acts between consenting adults in private should not be subject to the criminal law”

Sex work legal models

CriminalisationLegalisation

Decriminalisation

Australian sex work laws, 2010

Prohibition

Licensing

Decriminalisation

Criminalisation• Sex industry business’s are illegal

and sex workers criminalised• Laws are often outdated, confusing

and difficult to police• Police often take a gate keeper role• Industry underground, no OH&S or

industrial protections• Limited access to legal avenue to

fight for rights

South Australia•Completely criminalised

•No law reform for more than 55 years

•Condoms and safe sex literature as evidence

•Brothel, escort, private and opportunistic work still occur

•Underground industry and masked industry

South AustraliaSex workers fight for decriminalisation

• Build support• Community development• Public Rally

• Petition• Supportive

politicians

Another form of Criminalisation: Swedish Model

Major Components:

•Decriminalisation of sex workers as victims

•Criminalisation of purchasers of sex

•Criminalisation of procurement of sex

The Impact:

•Drives the sex industry underground

•Isolates sex workers and denies them access to services

•Devalues the agency and experience of sex workers

•Contributes to social stigma

Legalisation• Introduces special laws that deal

with an activity• Is a form of discrimination• Reinforces social stigma• Creates an illegal industry• Confuses regulatory roles

Victoria

• Sex work is regulated by the Prostitution Control Act 1994 & Prostitution Control Regulations 2006

RegulatorsThe government agencies that assertively

regulate the sex industry are:• Consumer Affairs Victoria• Business Licensing Authority• Local Councils• Department of Health• Victoria Police• Worksafe Victoria• Australian Federal Police• Australian Tax Office• Department of Immigration and Citizenship

Problematic Areas of Legislation

“Primum non nocere”

Criminalised Sex Workers

• HIV+ sex workers• Migrant sex workers• Street sex workers• Young sex workers• Sex workers who work from home• Non-compliant sex workers

Mandated Condom UseThe Government has no right to mandate sexual

activity between consenting adults

Sex workers have demonstrated strong safe sex negotiation skills

Law enforcement becomes questionable

Policy undermines self determination Source: Longo, P. & Ditmore M., 100% Condom Use Policy, Empowerment or Abuse?,

2003

AdvertisingSex work advertising regulations are more

restrictive

Sex workers are discriminated against

Restrictions diminish a sex worker’s capacity to be competitive

Low levels of compliance are then encouraged

http://www.scarletalliance.org.au/library/nsw_advertising_june09/

Mandatory TestingSex workers have demonstrated being “low risk”

Therefore, testing is unnecessarily costly for all

Failing to comply can lead to income loss

Doctors can prevent sex workers from working based on outcomes

Prevents access to sexual health services for other, more at risk people

Progress in Victoria• Activation of sex worker rights

lobby group• Integration of sex workers into

government advisory bodies• Successful legislative lobbying

for aspects of regulation to move from Justice to Health

• Small indicators that legislation is moving towards human rights and best practice

Decriminalisation• Removes all laws associated with sex

work

• Treats the sex industry like all other industries

• Allows sex industry to be governed by existing laws and regulations that govern all other businesses and work

Benefits of decriminalisation• Allows ALL sex workers choice and control

over ways that they work• Means ALL workers may work legally and

without fear of prosecution • Gives ALL workers OH&S and industrial rights• Begins to break down stigma and

stereotyping• With addition of Equal Opportunity

legislation is best practice for health promotion.

Peer Education Input by sex

workers

Sex WorkerOrganisation/

project

State & Territory Commonwealth

GovernmentPolicy

media

Communityeducation

resources

Policy feedback

loop

www.scarletalliance.org.au