Making Sex Work Safe: Using a Consensus-Based Approach to Create Meaningful Policy for Sex Workers

Authors

Alexandra Sandler, Benjamin N. Cardozo School of Law

Abstract

Sex work has been described as the world's oldest profession, yet it has remained nearly unchanged in the U.S., largely due to the conflation between sex work and sex trafficking. The term "sex worker" refers to a person who willingly works in the industry to make a living. Sex trafficking, though, is a form of modern-day slavery, in which an individual performs commercial sex as a result of force, fraud, or coercion. The conflation of sex work and sex trafficking in the U.S. has resulted in oppressive policies that undermine the rights and safety of sex workers. With the exception of Nevada, every state criminalizes sex work, subjecting both those who sell sex and those who purchase sex to arrest. Criminalization has dire consequences for sex workers by exposing them to abuse and exploitation from managers, clients, and law enforcement. When sex work is criminalized, sex workers often face structural barriers in accessing health care and social services. In addition, the current system makes it almost impossible for sex workers to voluntarily leave the industry, due to the presence of a criminal record and the stigma attached to sex work.

Keywords

Human Rights Law, Sex, Comparative and Foreign Law, Health Law and Policy, Sex Crimes

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Health Law and Policy | Human Rights Law | Law

Recommended Citation

Alexandra Sandler, Making Sex Work Safe: Using a Consensus-Based Approach to Create Meaningful Policy for Sex Workers, 23 Cardozo J. Conflict Resol. 473 (2022).
Available at: https://larc.cardozo.yu.edu/cjcr/vol23/iss2/6