How the Law Can Help Overcome the Taboo of Sex Work

Written by Meg Walters

Edited by Georgina Browning

‘Mokita’. A word from the language of Kivila, spoken mainly in Papua New Guinea, that translates as ‘the truth we know but agree not to talk about’.

Such word perfectly describes the concept of sex work. Everyone knows that sex work exists, and has existed for centuries, but there is a general consensus that such a subject should not be discussed at length. This silence has not only led to those in the industry being socially ostracised and degraded, but has also resulted in a flawed legal system which is failing to achieve one of its primary aims – namely, to protect the most vulnerable in society.

Across the world, the legal stance on sex work is confused. The spectrum ranges from complete legality, to partial legality, up to outright prohibition. However, Amnesty International’s research suggests that, no matter where a country lies on the legal spectrum on the matter of sex work, one thing they have in common is neglection. More specifically, neglection of sex worker’s right to legal protection and redress.

This neglect is arguably a result of the perplexing legal position that sex workers find themselves in during the course of their occupation. On the one hand, sex workers are often considered criminals for the commission of such work. Yet, simultaneously, they are frequently the victim to crimes such as rape, violence, extortion and discrimination. Therefore, many sex workers feel unable to report the crimes they have fallen victim to because to do so would involve reporting their own criminality. This means that many victims are left without protection and justice, and many criminals are free to commit such crimes again.

This tendency to allow such crimes to go unreported can also have ramifications on society as a whole. For example, it sets a precedent to others that such criminal behaviour will be tolerated. This mindset can quickly transform a community into a very dangerous and hostile place.

The sex industry has been in operation for many years, and it shows no signs of ending in the near future. Thus, its criminalisation appears futile. Consequently, Amnesty have recommended that sex work be globally decriminalised. Legalising sex work would allow sex workers to fulfil their job without fear of being prosecuted, as well as providing them with confidence to report their abusers. SWARM, a sex workers-led movement, too supports the proposition that sex work should be globally decriminalised.

Establishing a legalised sex industry is a pragmatic way of remedying a lot of the present issues associated with the sector. This approach recognises that sex work is here to stay, and rightly so as women should not have the use of their bodies be legally restricted. However, it also offers support and protection to those in the industry who may be at risk of abuse.

Such plans for decriminalisation require a conversation to be had – both socially, and politically. This will require us to move away from being in a position where we cannot openly discuss sex work, and into a position where we can debate such topics in our national Parliaments. This is arguably a process that will take time and courage. But if change is to occur, protection to be afforded, and criminals to be brought to justice, then such process needs to be set in motion immediately.