1 Regulating Sex Work Adrienne D. Davis VERY ROUGH DRAFT ...

Let me anticipate some objections. [Readers: the paper next rehearses autonomy,
pragmatic, and intrinsic nature of the violence objections]
In sum, the assimilationist claim obscures the diversity of sex work. It does not
take account of the very real differences in commodified sex and how those translate into
worker risk. By the same token, erotic exceptionalists ignore the very real hazards posed
by sex work, insisting that the sexual nature of the labor should shield it from regulation.
I have strong sympathy with both of these views. Yet, neither does very much to
accomplish my goals of reducing the very real risks of sex work. To combat and manage
this risk, this section has proposed a sexual geography approach parses sex work
according to its institutional form and how that affects worker risk. Mapping sex work in
this way provides a pragmatic approach to harm reduction. It should also appeal to
feminists, on both sides of the debate, in that it suspends the typical classifications
grounded in morality of continuum of heterosexual penetration in favor of assessment of
danger. 262
C. Discrimination
The final major workplace challenge is discrimination. As described in Section II,
[fill in their complaints.] Can harassment and discrimination be regulated and
ameliorated in sexual labor? Yes and no. Let me elaborate.
1. Sexual Harassment
As discussed earlier, sexual harassment is prevalent in sexual markets, and sex
workers are particularly vulnerable to it. 263 As in other workplaces, unwanted and
unwelcome sexual propositions and behavior comprise impermissible harassment. This is
relatively straightforward to implement in cases of quid pro quo harassment, in which
employers and intermediaries demand sex in exchange for employment or favorable
terms. In fact, in sexual workplaces quid pro quo rules should be rigorously enforced
precisely because of the prevalence of the practice and the particular vulnerability of sex
workers to it. This is a prime area in which law can play a crucial role in shifting cultural
norms and combating operators’ views of sex workers as their own personal sex slaves.
In sum, there is nothing about the sexual nature of the labor that should subject workers
to quid pro quo demands. In contrast, hostile environment doctrine is not such a neat fit
with professional sex work.
notion of exchange of money for sexual services or gratification. Under this perspective of prostitution,
nude dancing for the sexual gratification of club patrons clearly is a form of prostitution despite the fact
that it does not explicitly fit into the Minnesota statutory definition of prostitution because it does not by
definition require sexual contact or penetration.” Fischer, supra note [x], at n.35; garb (contending antiprostitution
statutes could be drafted to regulate porn films). McGinley article helps with blurring
lines of prostitution, dancing, etc. and going to my geography focus instead
262 [find cite: Tyra Banks show on hierarchy of sex workers: porn; prostitutes; strippers; etc, along an
implied continuum of heterosexual penetration].
263 See supra notes [x] and accompanying text.
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