Decriminalise Sex Work NOW – International Day to End Violence Against Sex Workers 2024

Tiles of numerous black and white photos of people holding red umbrellas. Some people have small, soft smiles, while others keep a straight face towards the camera.

Violence against sex workers can take many forms, some more visible than others. For International Day to End Violence Against Sex Workers (IDEVASW), Basis Yorkshire calls for the full decriminalisation of sex work, as the current systems perpetuate violence against sex workers.

Criminalisation takes many forms and contributes to the stigmatisation and discrimination against sex workers, as well as creating further barriers for sex workers, particularly in relation to finding jobs outside of sex work. In Leeds, we work closely with the Leeds police team (including a specialist police liaison officer) who now pro-actively seek to safeguard sex workers over prosecution; acknowledging the harm this might otherwise cause.

IDEVASW takes place every year on the 17th of December, where sex workers and allies come together to mourn those murdered, demand an end to violence and challenge stigma that sex workers face. Originally started in 2003 by Annie Sprinkle and SWOP USA to mourn the victims of the Green River Killer in Seattle, Washington, Sprinkle invited other sex workers around the world to host their own acts of memorial, individually and within their communities. As in previous years, Basis will also be dedicating time and space today to remember sex workers affected by violence.

Recently, the long-standing use of a  ‘prostitute’s caution’ throughout England and Wales has been challenged by advocates given the harm it still causes sex workers[1] [2].

The prostitute’s caution is issued for “persistently loitering or soliciting”[3] and can be issued by police to anyone who they believe has reasonable cause but does not require a person to admit to an offence or agree to accept it. The caution will show up on a person’s enhanced DBS check until they are 100 years old. In contrast, a simple police caution is spent after two and a half years, filtered out from someone’s record after six years and does not need to be disclosed to employers.

In 2024, the sectors with the most women in employment are health and social work, with education in third place[4]. All these jobs require enhanced DBS checks for employment, meaning if women sex workers are given the prostitute’s caution, they can no longer access these jobs and career paths for the rest of their lives.

The prostitute’s caution mainly targets street sex workers, but the alternative and safer option of working alongside other sex workers is illegal and classed as a brothel. A brothel is defined by law as a place where “more than one woman uses the premises for the purposes of prostitution, either simultaneously or one at a time”. In 2003, the maximum sentence for “keeping, managing, acting or assisting in the management of a brothel” was increased from six months in prison to seven years.[5]

The justification for the brothel keeping law is that sex workers are being coerced and trafficked, yet a 2023 report found that most sex workers working in brothels aren’t working for managers but rather working alongside fellow sex workers in the role of colleagues[6]. Imagine being criminalised simply for trying to create a safer working environment. This is unacceptable.  

While the use of the prostitute’s caution or the prosecution of women working together for safety may not have happened recently in Leeds, this is not the case in other areas of the country. In addition to standing in solidarity with those campaigning nationally; we need to recognise the risk that the erosion of trust between sex workers and authorities, including the police, might have. This legislation will ultimately affect how women engage with the police in Leeds. Equally, the lack of clarity and the ambiguity among different forces and areas, despite national police guidance, makes sex workers more vulnerable to violence and exploitation.

This is why Basis calls for an end to the criminalisation of sex workers in England and Wales: it leads to stigmatisation, unsafe working environments and limited job prospect, which in turn causes further poverty, mental ill-health and violence.

What can you do?

Speak up

Speaking up can take many forms, such as signing the Decrim Now petition and writing to your local MP to show your support for the full decriminalisation of sex work.

Speak up if you hear someone using derogatory language when discussing sex work (if it feels safe to do so). This doesn’t have to be confrontational, it could just be a quiet word to let them know why what they said was derogatory, and what they could say instead.

Support

Get involved with sex worker led groups. There are many sex worker groups around the country, including English Collective of Prostitutes, SWARM, the Sex Workers’ Union, Decrim Now, SWAI and UglyMugsIe, as well as many locally run groups across the UK and Ireland. These organisations work towards ending stigma and discrimination and creating a safer world for sex workers.

By donating to these organisations, sharing them on social media or getting involved in the work they do, you can help support their vital work.

Learn

There’s a variety of learning resources out there! The English Collective of Prostitutes recent report, ‘Proceed Without Caution’, covers the prostitute’s caution in-depth and was referenced for this article (thank you!).

Juno Mac’s TED talk covers four legal models addressing the sex industry and explains why decriminalisation of sex work is the best option for everyone.

The Global Network of Sex Work Projects (NSWP) has a variety of resources that covers language, barriers sex workers face and policies around sex work across the world.

Basis Yorkshire also run CPD-certified training courses which focus on sharing best practice on working with women sex workers. Follow our Eventbrite to find out when the next one is running.

Thank you to everyone who has been involved in International Day to End Violence Against Sex Workers so far.

Stigma and discrimination creates a world in which sex workers suffer disproportionately from violence, anything we can do to reduce the stigmatisation and discrimination of sex work will help create a safer environment for sex workers.


[1]London Assembly, (2024), ‘Prostitute’s cautions’ need reform, Assembly says’. Available: www.london.gov.uk/who-we-are/what-london-assembly-does/london-assembly-press-releases/prostitutes-cautions-need-reform-assembly-says Last accessed: 16/12/2024

[2]The Guardian, (2024), ‘Call for end to ‘draconian’ police cautions for sex workers that last until age of 100’. Available: www.theguardian.com/uk-news/2024/dec/07/call-for-end-to-draconian-police-cautions-for-uk-sex-workers-that-last-until-age-of-100 Last accessed: 16/12/2024

[3]Release, (2017), ‘Sex Workers and The Law’. Available: www.release.org.uk/sites/default/files/pdf/publications/SEX_WORKERS_%26_THE_LAW_2017.pdf Last accessed: 16/12/2024

[4]Houses of Common Library, (2024), ‘Women and the UK Economy’. Available: https://researchbriefings.files.parliament.uk/documents/SN06838/SN06838.pdf. Last Accessed: 16/12/2024

[5]Legislation.gov.uk, (2003), ‘UK Public General Acts – Sexual Offence Act 2003’. Available: www.legislation.gov.uk/ukpga/2003/42/section/55 Last Accessed: 16/12/2024

[6] University of Leeds, (2023), ‘Sex workers’ experiences of management and other third parties’. Available: https://business.leeds.ac.uk/downloads/download/308/report_-_sex_workers_experiences_of_third_parties Last Accessed: 16/12/2024

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