New York Proposes A Bill To Decriminalize Sex Work — Here’s Why It’s Significant

Sen. Liz Krueger has proposed a bill that would decriminalize sex work in New York while still holding pimps and buyers accountable. The bill was created with sex trade survivors and advocates, in hopes that the bill will help survivors instead of having them face time for getting the help they need. It is very important to note that this bill will decriminalize the workers, but will not decriminalize the work itself — and those who partake in its purchasing.

So, Would Prostitution be Legal in New York?

No. Paying for sex, sex trafficking and brothel owning are all still illegal. It is also really important to note that decriminalization and legalization are very different things. Legalization is the act of making an act legal, a.k.a it is completely allowed and you cannot be punished for it. Decriminalization takes away the criminal penalties that were once attributed to the act and lesser penalties would be put in place. This would mean that prostitution is not legal, but the workers would not face criminal penalties.

What is the Point of Decriminalizing it?

According to Human Rights Watch, “Decriminalizing sex work maximizes sex workers’ legal protection and their ability to exercise other key rights, including to justice and health care. Legal recognition of sex workers and their occupation maximizes their protection, dignity, and equality. This is an important step toward destigmatizing sex work.”

Decriminalizing sex work aims to help the workers, especially when they need to come forward to report abuse, and allows them to get the help they need without facing criminal penalties. It also helps them be able to seek medical care and be more open with the medical professionals who need to help them.

The bill also would “expunge every single prostitution and loitering charge currently on the books without the need to apply, and it calls for other crimes committed by trafficking survivors at the behest of their exploiters to be expunged.” This is important because it will not only help people in the future but will help workers who are already facing charges.

While many see this as a positive step, some sex workers have come out against this. Many sex workers are criticizing the bill, calling it “a form of partial decriminalization that attempts to decrease the demand for sex work by penalizing buyers only. Not only does such an approach advance an anti-sex-work agenda that seeks to discourage and ultimately eliminate sex work, but…leaving any aspect of the sex trade illegal still puts sex workers in danger.”

What implications does decriminalizing prostitution have on human trafficking?

Any laws that decriminalize prostitution need to differentiate clearly between prostitution and trafficking. The sex work that would be decriminalized is consensual and between two adults; trafficking is not. Not all sex workers are trafficked.  Trafficking is a heinous crime and this proposed law would not change anything about sex trafficking and the punishments in place for it.

What do you think about this proposed law? Let us know in the comments!

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