SEX WORK AND THE LAW - HIV/AIDS Data Hub

public safety missions, …one hears repeatedly in China of varieties of cooperation,
coexistence, symbiosis and oppression among sex workers and police, often
persisting along with periodic crackdowns. While crackdowns can appear harsh to
the casual observer, they in fact leave much of the industry untouched… 303
Effect of law enforcement practices on HIV vulnerability and risk
Mainland East Asia China
The frequent policing of the sex industry marginalizes sex workers and creates barriers
to obtaining peer support and accessing HIV and STI prevention, treatment and care
services. 304
Research by CSWONF indicates that police crackdowns in 2010 had adversely impacted
HIV prevention efforts. 305 Interviews were conducted in 12 cities. Findings included:
Public security authorities in all cities stepped up their crackdowns in 2010, resulting
in the imposition of fines and detention more frequently than in previous years. It was
reported that police had quotas to fill in relation to sex worker penalties. Crackdowns
were found to have resulted in deterioration of working environments and sex
workers were more likely to be more mobile and work in more obscure places. This
increased personal risks. HIV prevention was made more difficult because sex workers
conducted their business away from established venues. Increased police patrols
resulted in workers working later hours, which increased the difficulty of organizing
community interventions.
Some sex workers reported being detained and sent to re-education through labour
facilities for extended periods e.g., one year.
84 percent of 279 respondents stated a concern that condoms could be used as
evidence of sex work after the crackdown. 92 percent of 277 respondents were
concerned that clients would not use condoms after the crackdown. 20 percent of
281 sex workers stated that they used condoms less after the crackdown, and 29
percent stated that they carried condoms less after the crackdown. 32 percent of
259 sex workers stated that less condoms were distributed in their establishment
since the crackdown. 23 percent of 258 sex workers stated that there were less peer
education activities on HIV in their establishments since the crackdown.
Peer educators stated that the crackdown destroyed HIV prevention communities,
making it more difficult for peer educators to find sex workers. Some entertainment
establishment owners required sex workers not to carry or use condoms.
40 percent of 437 respondents reported that they continued to engage in sex
work during crackdowns, but were forced to do so in more obscure locations or to
frequently change locations. Some did not keep condoms where they worked for fear
of detention.
The Ministry of Public Security issued a document prohibiting corrupt police practices
(such as blackmail, abuse and sexual assault) in enforcing laws against sex workers
during the crackdown of 2010. Nonetheless, the research found significant levels
303 Burris S., Xia G. (2007) The "Risk Environment" for Commercial Sex Work in China: Considering the Role
of Law and Law Enforcement Practices, Temple Law School Working Paper, pp.7-8; and published in: Poston et al
eds (2007). Gender Policy and HIV in China New York: Springer.
304 Tucker J., Ren X. (2008) op cit.
305 Lingping C. (2011) Research on the impact of 2010 crackdown on sex work and HIV interventions in China,
CSWONF.
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