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

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PIVOT LEGAL SOCIETYLaw enforcementSex workers expressed scepticism that police officers would take their complaints about “bad dates”seriously or do anything to investigate their claims. Some also expressed fear of police due to previousviolence they had experienced at the hands of police officers. Sex workers said that, because they feelthat the police view them as criminals, they rarely seek police help even after suffering assaults. Manyfelt that they had no authority figures to turn to for protection.Those street-level sex workers who described reporting bad dates and dangerous clients to policesaid they felt that police did little, if anything, in response. They reported that some police officersactively seek out information about bad dates, while they believe that other officers are more interestedin harassing sex workers. Some street-level workers described seeing a dangerous client on thestreet after reporting him to police, or hearing that the same client had attacked a friend or colleagueafter being reported. Street-level sex workers stated dangerous clients are often known to many of theworkers in the neighbourhood and to the police.As street-level sex work is more visible than massage parlour or escort work, and is often deemedto be a public nuisance because of its visibility, a greater proportion of street workers reportedbeing harassed by police officers than did the other types of sex workers we interviewed. Clearly, amore positive and trusting relationship between sex workers and police is necessary to ensure thatsex workers are able to work under safe conditions, with the knowledge that police will take theircomplaints seriously and deal with them appropriately.MarginalizationStreet-level workers described having little faith in the government, and little faith that anythingcould be done to further the protection of their human and labour rights. They revealed a profoundlevel of disillusionment. Street-level workers described their experiences of classism, and felt that theirlives were considered to be worthless by the rest of citizenry. Street-level workers suggested that if anyother group of people had been subjected to the tragedy that the missing women from the DowntownEastside had been subjected to, a much more proactive response would have been taken much sooner.They all agreed that the disappearance of so many sex workers from the Downtown Eastside createdan atmosphere of fear and worry, and many felt that they, too, were at risk of losing their lives.HealthMany street-level sex workers stated that they felt condoms should be used with every transactioninvolving oral, vaginal or anal sex, and that they felt more service providers in their neighbourhoodshould provide condoms. They reported, however, that high-quality condoms were not readily availableto them. Some workers described occasionally having received defective condoms from serviceproviders.Street-level workers described having little power in their interactions with clients. As a result, theyfelt that they had little ability to insist on condom use. One street-level worker described an incidentwhere she was unaware that a client had removed a condom immediately prior to intercourse. Therewas a high level of reported condom use and awareness about sexually transmitted diseases (STDs).However, despite this general high level of awareness, a few participants stated that they were unawarethat an STD could be contracted by engaging in oral sex without a condom. Many workers said thatthey wanted their clients tested for STDs before providing services to them, but felt this was notrealistic, as clients would refuse.Financial securityMany street-level participants felt that they have few ways to earn enough money to survive.Nevertheless, as with nearly all other sex workers interviewed, street-level workers stated that they20
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformchoose to engage in sex work, and that prostitution is a job that should be afforded the same respectand protections as other jobs. Some street-level sex workers value programs that assist street-involvedwomen to gain education and alternative employment, and felt that there should be increased fundingfor such programs. Street-level workers described how welfare rates are too low to live on, and peopleare becoming more desperate as a result. They described how the prices for their services were beingdriven down by competition, sometimes as low as $5 for sexual intercourse.Street-level workers described having absolutely no access to any form of security for old age, suchas a pension or a retirement savings plan. Many street-level sex workers said that they had no expectationof having any means to earn a living after the age of 55.Street-level sex work (men)Male participants described working conditions that have some similarities to those experiencedby female street-level workers. Like their female counterparts, male sex workers described differentlevels of the trade, some more visible than others. While some male sex workers reported attractingclients by standing on the street, others conduct their business through a network of contacts.SafetyLike the women we interviewed, male workers were very conscious of the dangers faced whenworking outdoors. Because of the criminal laws, they are secretive about their work. This secrecy andisolation increases the risk they face from predatory or violent clients. Male participants placed significantemphasis on their privacy and the privacy of their clients. Like the women, male workers statedthat they felt their work would be safer if it were legal to work indoors.One gender difference that emerged is that male workers described being able to rely on their physicalstrength to defend themselves against dangerous clients. Some male workers suggested that they encounterfewer violent clients than females because clients are aware that young men are more readily able to defendthemselves. This reliance on physical strength led male sex workers to express less fear of clients.Like female street-level workers, males experience frequent harassment and discrimination fromother citizens. Male workers reported being called names and having items thrown at them whileworking on the street. Male workers reported that clients, too, have fears about stigma, and postulatethat this would affect the willingness of clients to engage in preventative measures such as mandatorySTD/HIV testing.ServicesMale sex workers reported that they did not feel the government would be able to assist them withtheir safety concerns. They said that it has become more difficult to obtain welfare, and that lack ofaccess to social assistance has had adverse effects on them.Male workers claim that services for men are less readily available than those for women. Oneworker pointed to the need for peer-based services targeted at male sex workers. Some male workersdescribed the difficulties they face if they want to exit the sex industry. Options for those exitingprostitution were seen as limited. Male workers described a need for more training in a wider varietyof skills and trades. One participant explained that many of those who try to exit prostitution oftenwant to become peer or youth workers and work with those involved in the industry, because that iswhat they feel they know best.Physical and mental healthMale participants reported that their work can be difficult. The challenges result partly from therisk of dangerous clients and dangerous conditions, and partly from the emotional and psychologicaldifficulty of their work. One participant suggested that there should be publicly-funded counselling21
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