Sex and the State: A critical evaluation of alternatives to sex work criminalization in Oregon, Washington, and California
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Date
2023
Authors
Barclay, Heather
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
This paper will evaluate the merits and consequences of policy decriminalizing versus policy legalizing sex work in the existing policy landscapes of the western coastal US states: Oregon, Washington, and California. This analysis will inform those interested in creating resources for and protecting sex workers, a group of people who are disproportionately Black, Indigenous, People of Color, Queer, Transgender, and disabled. The illegality of sex work restricts the rights of a disproportionately marginalized group of people and endangers them in their interactions with law enforcement and the legal system broadly. For example, the illegality of their work deters sex workers from reporting sexual assault and other forms of harm to law enforcement because even in the best-case scenario doing so forces them to risk charges and arrest. Understanding the current policy environments of these states is critical in this evaluation as it establishes the current circumstances of sex workers within these environments. A clear, factual perception of the harm and endangerment sex workers can and do experience through their work because of its illegality is essential, as it provides a baseline to use in comparison to the potential benefits of either decriminalization or legalization. Instead of providing a singular, concrete policy option by arguing for one solution over another, this paper will compare the options and their most likely outcomes and impacts. Ultimately, these comparisons will serve to establish the conditions under which non-criminalization approaches to sex work are most successful at preventing the further marginalization of sex workers.
Description
73 pages
Keywords
Sex Work, Legalization, Decriminalization, Sex Workers Rights