Beyond Decriminalization: Sex-work, Human Rights and a New ...

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformor a weekend office function, that behaviour would be considered to be sexual harassment within thecontext of their employment.Sexual harassment by employersMany sex workers reported incidents of sexual harassment by employers. Several sex workersexplained that owners of escort agencies and massage parlours often required the performance ofsexual acts as part of the interview and training process:A. This is pretty disgusting, but this is happens to every single one. I mean every massageparlour that have it. I am pretty certain, hundred percent sure. ‘Cause I have beensome like you know three different massage parlours. I did not really work for thefirst one. What happens is the first thing when you go for interview, and they will askyou, “do you know how to do massage?” They will want you to get into the room. Andlike you know they will asking you to wear dress, skirt usually. What happens is theysay, you know “I am the test.” And the test is you have to have sex with the guy.- female off-street in-call sex workerEscorts described sexual harassment as a common part of their work experience:A. Okay, when I went around looking for a job or to become an escort . . . I mean, everyone of those guys that interviewed me, I had to have sex with them. Like that, tome, is sexual harassment. The escort owners want to try you out. I don’t know of anyother profession that, when you go in to be a secretary, you have to give your boss ablow-job. You know, that is a form of harassment. You know . . . and it’s no differentfrom escort to massage and so forth . . . it’s all the same. And I don’t think that’s evergoing to change- female off-street out-call sex workerSuch conduct is not only sexual harassment as prohibited under the BCHRC, but it may also be found tobe sexual assault and punishable under the Criminal Code.In the context of their employment, many sex workers described being subject to unwanted sexualadvances by their employers. Sex workers felt that such conduct should be considered sexual harassmentand be prohibited, as it would be in any other workplace:Q. Do you think there’s any place for sexual harassment law in sex work?A. Well, yes. I do.Q. Okay, and where would you draw the line between what is included in when youtalk about sex work and where sexual harassment starts?A. I think it kind of could be pretty much the same as any other employee. The thingis again education. So when we’re going to assume that all these people are going tobe licensed, and currently even in Edmonton, they are being interviewed, [nameomitted] does try and if he does find somebody brand new he does spell it out forthem that they’re not really going to be escorting anyone anywhere and are theyaware of what they’re going to do. So, I mean, let’s make those people actually earnsome of the money that they’re soaking us for. And uh, go once step further and saylook, here’s the deal, if this, uh, pimp of yours does this, this, this, or this, you comeback and you talk to me, because, uh, then we can do something about it. And youknow, I mean it’s not a perfect world and even if I’m working as a waitress, and myboss is you know, pinching my behind, it’s not guaranteed that just because I knowI’m being harassed that I’m going to do anything about because I want my job, so youknow, even, that’s reality. But that doesn’t prevent us from at least trying to educate187