Spotlight on Criminal Justice: The International Observance of Dec. 17 as the Day to End Violence Against Sex Workers

Since 2003, Dec. 17 has been dedicated to acknowledging hate crimes and crimes of violence committed against sex workers across the globe. The day was originally established as a vigil and memorial day for the victims of the Green River Killer in Seattle, Washington. During the week of Dec. 17, “sex worker communities and social justice organizations stage actions and vigils and work to raise awareness about violence that is commonly committed against sex workers.”

Sex work is generally defined as the exchange of sexual services or performances for money or other goods or services. Examples include prostitution, escort services, exotic dancing, pornography, and other similar services.

Stigma and Statutes

While the terms “prostitution” and “sex work” are often used interchangeably, prostitution is defined as, “the act or practice of engaging in sex acts and especially sexual intercourse in exchange for pay.” As articulated above, the term sex work includes other forms of commercial, consensual sexual activity, some of which are not criminalized, and some of which do not include physical contact between the provider and recipient.

Prostitution, “the world’s oldest profession,” was not prohibited in the United States until the early 1900s. Until then, people from diverse racial, ethnic, and socioeconomic backgrounds; varied sexual orientations; and gender identities engaged in commercial sex for reasons that are similar to why people pursue other job choices. These include financial reasons, flexible working conditions, to better support their families, or to explore their sexuality. Others enter this work via circumstance or coercion.

The increased visibility of “street walkers,” as opposed to commercialized sex in brothels, prompted Congress to pass the Mann Act, also known as the White Slave Traffic Act, of 1910 to prohibit the interstate transport of women and girls for immoral acts. All 50 states have some form of legislation prohibiting sex work, albeit to varying degrees, with few exceptions. Rather than eliminating prostitution, it drove the activity underground, resulting in harm and undermining the safety and rights of sex workers.

The social stigma surrounding prostitution and the fact that many people mistakenly perceive most prostitutes to be impoverished, single mothers, women of color, trans-women, drug users, and immigrants, engenders less empathy for the crimes committed against sex workers. But having empathy for all sex workers is important, as legal policies that address commercial sex can affect the risk of violence against these individuals. For example, in countries where sex work is legal, rates of assault are significantly lower than they are in countries that criminalize sex work. Compared to the United Kingdom (where sex work is legal), rates of assault against sex workers in the United States (where commercial sex is largely criminalized) are 40 times higher. When Norway prohibited sex work, assault rates increased by 50 percent, and 59 percent of workers experienced violence only after sex purchase bans were enacted.

Moreover, a law enforcement approach can result in more harm than help. In an assessment of sex worker-police interactions in Washington, D.C., New York City, Chicago, and Aspen, Colorado, victims reported that police officers physically or sexually assaulted them or requested sexual favors.

Alternatives to Arrest

In the United States, the selling of sex is primarily regulated at the state level, but other states regulate it at the county level, and still others have specific rules and carve-outs related to the industry. In Nevada, for example, 10 out of 17 counties have legalized prostitution. California and New Hampshire have exceptions pertaining to the filming of pornography. Maine decriminalized the selling of sex in 2023, but the purchase of sex remains illegal—a dichotomy often referred to as the “Nordic Model.”

In states where prostitution is illegal, penalties may vary for the seller and the purchaser. Other states are considering decriminalizing sex work altogether or adopting the Nordic Model. Both approaches attempt to reduce demand and attend to the diverse needs of prostitutes who have experienced complex social needs, including but not limited to:

• Poverty
• Unstable housing
• Unemployment
• Mental health or substance abuse issues
• Childhood or adult trauma
• Gender and/or racial inequality

States can also consider other policy options like legalizing and regulating commercial sex; decriminalizing indoor sex work; allowing police and prosecutors to use their discretion to deflect or divert sex workers from traditional legal processes; or reconsidering sex-work-adjacent offenses, such as loitering, that can be used to target this population disproportionately. These policy shifts do not signal an endorsement of the commercial sex industry but rather seek alternatives to criminalization that acknowledge and prioritize the public health and safety risks associated with sex work.

Conclusion

A growing body of research suggests that the prohibition or criminalization of sex work is not only ineffective in reducing the practice but that it also exposes workers and the community to harm. Alternative options include full or partial decriminalization; legalization or regulation; or permitting police or prosecutorial discretion to divert individuals away from the legal system in lieu of the social- support resources they need.

Although December is often a time of joy and celebration, it can also be a time of reflection and remembrance. On Dec. 17, individuals, families, communities, and organizations across the globe can work together to honor victims of sex work-related hate crimes and violence and raise an awareness of reasons people engage in sex work, the dangers associated with the commercial sex industry, and the potential policy solutions to protect workers, consumers, and community members.