It's Time to Decriminalize Sex Work

A collage of a palm of the hand, an open wallet, and cops over a transgender flag in the background.

It's Time to Decriminalize Sex Work

The criminalization of sex work makes sex workers more vulnerable to violence on the job and less likely to report violence. It prevents sex workers from accessing health care and other critical services, feeds an out of control mass incarceration system, and further marginalizes some of society’s most vulnerable groups, such as trans women of color and immigrants.

 

Sex workers deserve the same legal protections as anybody else. They should be able to maintain their livelihood without fear of violence or arrest, access health care and other services without discrimination, and seek justice when they are harmed. Decriminalization would help bring sex workers out of the dangerous margins and into the light where people are protected — not targeted — by the law.

 

For key findings on the impacts of sex work criminalization and decriminalization models, read the full brief, “Is Sex Work Decriminalization the Answer? What the Research Tells Us.

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Last updated on July 3, 2023

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What does decriminalization mean?

Decriminalization refers to the removal of criminal penalties for the buying and selling of sexual acts, specifically those categorized as prostitution. Decriminalization is not the same as legalization.

Legalization removes criminal penalties for certain incidents of buying and selling of sexual acts, i.e. prostitution, provided the participants comply with relevant regulations.

Decriminalize Sex Work, Protect Black Trans Lives

Black trans woman with long hair against dark background

At least 37 trans people were murdered this year for being who they are. Most were trans women of color, and many were sex workers. Former sex worker and activist Kaniya Walker shares how her experience as a trans woman of color made her an advocate for decriminalization.

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Podcast: The Movement to Decriminalize Sex Work

Photo of LaLa Zannell, the ACLU's Trans Justice Campaign Manager

LaLa Zannell, the ACLU's Trans Justice Campaign Manager, joins the At Liberty podcast to talk about the state of the movement for Black trans lives, and why decriminalizing sex work is a meaningful and concrete next step as we continue to fight for true equality.

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Policy Recommendations

Advocating for sex work decriminalization means advocating for personal autonomy, LGBTQ+ and women’s rights, decarceration, immigrants’ rights, racial justice, and equal access to the right to life and security. In addition to decriminalization, there are other steps that lawmakers, advocates, prosecutors, and researchers can take to protect the rights of sex workers.

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For Lawmakers

Congress and state legislatures must take steps to fully decriminalize sex work and reform other policies affecting sex workers’ health and safety.

  • Decriminalize all consensual sex work, including prostitution, among adults.
  • Remove adverse immigration consequences, including deportation, for immigrants participating in sex work.
  • Reduce police funding and invest in resources that support the community.
  • Remove barriers to HIV prevention and other health care.
  • Prohibit community and service providers from refusing to serve sex workers.
  • Eliminate barriers to accessing safe, affordable housing, public benefits, and employment opportunities.
  • Repeal laws and policies that prevent online screenings of clients.

Read the full brief for more on the ACLU’s policy recommendations below.

Learn more
  • Decriminalize all consensual sex work, including prostitution, among adults.
  • Remove adverse immigration consequences, including deportation, for immigrants participating in sex work.
  • Reduce police funding and invest in resources that support the community.
  • Remove barriers to HIV prevention and other health care.
  • Prohibit community and service providers from refusing to serve sex workers.
  • Eliminate barriers to accessing safe, affordable housing, public benefits, and employment opportunities.
  • Repeal laws and policies that prevent online screenings of clients.

Read the full brief for more on the ACLU’s policy recommendations below.

Learn more
A blue tinted photo of Lady Justice statue holding the scales.

For Prosecutors and Police

Prosecutors and police must change the way sex workers interact with the criminal legal system and advance sex workers’ access to justice.

  • Decline to prosecute charges related to consensual sex work.
  • Remove barriers to reporting violent crime.
  • End mandatory or coercive HIV/STI testing requirements as a part of sentencing or diversion for sex work offenses and remove criminal penalties for all people living with HIV.
  • Ensure consequences and accountability for those who physically and sexually abuse sex workers, including police, and ensure support for sex workers who survive abuse.
  • Eliminate unwanted police presence within the sex work community.

Read the full brief for more on the ACLU’s policy recommendations.

Learn more
  • Decline to prosecute charges related to consensual sex work.
  • Remove barriers to reporting violent crime.
  • End mandatory or coercive HIV/STI testing requirements as a part of sentencing or diversion for sex work offenses and remove criminal penalties for all people living with HIV.
  • Ensure consequences and accountability for those who physically and sexually abuse sex workers, including police, and ensure support for sex workers who survive abuse.
  • Eliminate unwanted police presence within the sex work community.

Read the full brief for more on the ACLU’s policy recommendations.

Learn more