Decriminalization versus Legalization
Most groups speaking on behalf of sex workers ask for decriminalization, not legalization. Many people don’t get the distinction. After all, if something isn’t a matter of criminal law, isn’t it legal? The adage "that which is not forbidden is permitted" is true and so if the existing laws which speak to sex work were repealed then sex work would be legal. But that’s not what’s meant by "legalization." In this context, legalization is more then mere removal of criminal prohibitions. That’s "decriminalization." Legalizations means the legal regulation of sex work, which goes on, for example, in places such as Nevada and the Netherlands. And most sex worker advocacy groups, such as Stella oppose legal regulation. Here from the Stella web site is their explanation of the distinction between legalization and decriminalization,which an explanation as to why they prefer the latter:
—————————————
" Legalization:
In countries where sex work has been legalized, the State regulates sex
work. For example, sex workers may have to pay special taxes, work
exclusively in brothels or certain designated zones, or get a permit
(these restrictions can cost a lot for a person who only wants to work
part time or when a worker isn’t getting a lot of work). It can also
mean that sex workers are obliged to register and pass physical exams
that can lead to the workers being quarantined. (Or worse, knowing
about the compulsory exams could lead clients to believe that bareback
sex is risk-free, which would lead to more clients asking for this
dangerous practice and to more pressure on workers.)
Legalizing
sex work means that certain forms of the work that used to be illegal
become regulated in a specific way, which does not provide sex work
with the same status as any other form of work.
Decriminalization:
Decriminalization means removing the sections that make our work criminal in the eyes of the law from the law itself:
Section 210: keeping or being found in a common bawdy-house.
Section 211: taking or offering to take someone to a common bawdyhouse (a chauffeur or a lift from a friend or partner)
Section 212: procuring someone into becoming a prostitute or living wholly or in part on the avails of prostitution.
Section 213: communicating or attempting to communicate with any person
in a public place or in any place open to public view for the purpose
of engaging in prostitution (solicitation).
This would
mean we could no longer be arrested because of the work we do, or
because of how we market what we have on offer. Basically, what that
means, is that anyone doing any type of sex work would be considered in
the same way as any other self-employed worker. She would have the same
rights and responsibilities as any other self-employed worker from any
other field! We would be protected by the same laws as those regulating
and protecting other workers. It would mean sex work and other fields
are equal and would help remove stigma from our work."
