Slide 1

INTROUDCTION

Sex work vs Prostitution

John Lowman (2000) differentiates ‘prostitution’ from other types of sex work, defining it as the
“exchange of physical sexual services for reward” (p. 33). Broad definitions of sex work include ‘skin
work’ (e.g., exotic strip and dance) and internet/ telephone-based sex work.

Slide 2

“Prostitute”

Is majorly socially constructed.

Is also stereotyped within society

Is associated with being;

 Improper/Immoral
 Deviant
 Blameworthy/Irresponsible
 Addicted/poor

Slide 3

“Sex Worker”

Defined by MacDonald and Jeffery as an individual working in commercial sex or the sex trade (2006).

Is perceived to be a worker.

Has generally been associated with reducing stigma.

Indicates that the sex worker is not ALWAYS a sex worker and it is only a job they do.

Slide 4

Stigma

“An attribute that is deeply discrediting.” (Erving Goffman, 1963)

Is usually associated with condemnation, stereotyping and judgement of people who have the specific
attribute

Usually involves status loss, shame, and blame- (All these affects an individual’s ability to fully
participate as citizens and access services within a society.

Types of Stigmas

 Social Stigma
 Self-Stigma
 Structural Stigma
Slide 5

Social Stigma

 Occurs at the society level

 The individual is stigmatized by the society
 Stereotyped attitudes by the specific society

The attitudes formed by the public is hard to change

 For example, despite media and anti-stigma campaigns sex workers are still not treated well by
landlords, police and healthcare professionals. This is due to the attitudes people have
formulated concerning prostitutes.
 Landlords fear they might get in trouble since the sex worker ‘might’ be running bawdy house in
the houses.

Slide 6

Self-stigma

Individual level stigma

Occurs as a result of internalized stigma. Due to the stigma by society individuals now start internalizing
them.

Individuals generally think of themselves as the language other people within society are using about
them.

 For instance, sex workers might now start avoiding their families or providers of healthcare since
they fear being judged.

Slide 7

Structural Stigma

Occurs in the system i.e., the government

Laws, policies, rules, procedures end restricting the opportunities and rights of various sex workers.

For example,

When a sex worker has been abused it is not taken as seriously as it would have been if another person
of another profession is killed.

Slide 8

Effects of Stigma

How sex workers get treated for example by family, clients, partners, justice system etc.

The overall well being and health of sex workers

How police officers enforce laws

Access to services and resources for example housing

It also affects the laws being formulated about sex work.

Slide 9

Regulating sex work

A review of the prostitution laws in Canada

Until only recently, Canadian laws had pronounced prostitution legal but several other activities which
surround sex work were illegal.

Slide 10

Some of the laws include;

Running a bawdy house (section 210)

 Brothels have been illegal in Canada since time immemorial

Communicating for the purpose of engaging in prostitution

 Aimed at preventing prostitutes from screening clients

Living on the avails of prostitution (Section 212)

 Was aimed at addressing exploitation

Slide 11

Bedford v Canada

This case was aimed at challenging prostitution law indicating that it was not constitutional.

It claimed that living on avails and bawdy house laws infringe the rights of various sex workers to “life,
liberty and security of the person.”

In 2013 Supreme Court of Canada striked down of the three prostitution laws in Canada

Timeline of the Case

2010 Ontario Superior Court Justice Himel ruled that prostitution laws infringed the constitutional rights
of various sex workers

2012 Ontario Court of Appeal agreed with argument that the bawdyhouse and living on the avails and
laws were unconstitutional but, but disagreed with the communicating law

2013 Supreme Court of Canada strike down of the three prostitution laws in Canada

2014 a new legislation enacted – “Protection of Communities and Exploited Persons Act.”

Slide 12

Criminalization
  It is also referred to as Conservative prohibition, criminal regulatory approach, quasi
criminalization

Major Focus

Sex workers as a threat to the community as the bring with themselves drugs, littering the community
and reduction in property value.

Characteristics

 Criminalizing the selling, buying and third party pay off

Advantages

 Reduces exposure and nuisance

 Protects women from further exploitation

Disadvantages

 Affects the control and safety of sex workers in their working environments
 Enhances discrimination and stigma
 Reduces the protection of the sex workers by labor laws etc.

Enacted by Canada and the USA

Slide 13

Partial Criminalization

Also known as Radical Feminist Model, The Nordic Model, Demand side prohibition

Major Focus

Eradication/Abolition of women sex workers as victims i.e., support for sex workers

Characteristics

 Criminalizing buyers and third-party profit

 Selling sex is illegal

Advantages

Sex workers escape criminalization

Disadvantages

 Displace sex work to areas which are Isolated

 No recognition of choice

Enacted by Sweden

Slide 14

Legalization
Also known as Regulationist perspective, Regulatory approach

Major Focus

Licensing of establishments for example brothels and the various sex workers.

Characteristics

 Some activities criminalized

 Licensing brothels
 Regulating sex work

Advantages

Controls the spread of diseases

Improves the conditions the sex workers work in

Increases the protection of sex workers by labor laws and criminal justice.

Disadvantages

Hyper regulation

Enacted by Nevada and Germany

Slide 15

Decriminalization

Also known as the Liberal Feminist model

Major Focus

Other civil and criminal legislations are enough to deal with sex work. Stigmatization leads to stigma
which causes harm.

Characteristics

 Regulating sex work with other existing laws

 Removing sex work from criminal law

Advantages

 Protection of sex workers rights

 Empowering sex workers to take of themselves health wise.
 Increases the protection of sex workers

Disadvantages

 Violence against sex workers

 Industry might expand further

Enacted by New Zealand

Slide 16

There is criticism on how knowledge is gotten to make laws concerning sex workers

Types of Knowledge

Convectional Knowledge

Knowledge coming from traditional sources often research done by scholars concerning sex work

 Is the academic voice considered by society as a whole including the government.

Is criticized because it reflects knowledge of an “outsider”

Is supposed to consider limitations of the outsider and the insider.

Slide 17

Experiential knowledge

 Is knowledge coming from experts or the insiders

 However, it might not reflect all of the sex worker’s experiences
 Is usually based on intersectionality of age, gender and sexual orientation of the insiders.
 Is criticized because it is considered to be “biased.”
 People who criticize it include researchers, the public who have a feeling that this type of
knowledge is not legitimate
 It has potential for bias, however, there are several truths and this represents several lived
experiences.

Slide 18

Collective Knowledge

Collection of shared knowledge and voices

This is knowledge gotten through community, network, and organizations of sex workers.

For example when communities complain of being affected by sex work negatively