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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformSafetySafety concerns were paramount for all in-call participants. Violence, harassment and abuse arecommon experiences of many sex workers, and the ability to work in an environment that providesprotection from the harms related to “bad dates” was seen as a priority. Some massage parlour workersreported that their safety needs are met. Others expressed concerns and made suggestions as to howsafety could be improved.Participants described Vancouver massage parlours as workplaces with a relatively high standardfor personal safety as compared with street-level work. Nevertheless, some workers described beingbeaten and assaulted in massage parlours. Many participants reported that workers will help oneanother in the event of a violent client, but that some managers and owners do nothing to preventbad dates, and ignore them when they occur. Some participants recounted situations where they hadphysically attacked a client who was assaulting another worker. Other participants described workingin parlours where they did get help from other workers or managers if they encountered trouble, andfelt that their safety was well protected. One of our participants said that a well-known violent clientfrequents many of the massage parlours in Vancouver and the Lower Mainland without criminalcharges being brought against him. Some establishments have banned this man, but others, despiteknowing about his violent proclivities, still allow him to receive services.One participant explained that when she has to collect payment directly from the client, altercationsare more likely to occur. Nearly all participants stated that violence is not reported to the police.Because they are susceptible to prosecution for bawdy-house, living on the avails and procuringoffences, workers and managers alike fear the involvement of police. The sex workers who wouldreport violence to police said that they are discouraged from doing so by managers and owners.One participant reported that, in her experience, many more bad dates patronize street-levelworkers than visit massage parlours. The fact that many massage parlours have security cameras, andall of them have on-site management adds to the safety and security of massage parlour work. Further,all of the massage parlours we visited are laid out so that rooms are close to one another. A womanworking on her own, especially on the street, cannot always defend herself against an aggressive maleclient. This danger is exacerbated when there are no available safeguards. Workers report that thereis less anonymity in the massage parlour context than in out-call work situations. Potentially violentclients are well aware that in massage parlours they are usually outnumbered, and are much less likelyto attempt violence if someone else is around to witness it, or physically intervene.HealthAnother concern for in-call sex workers are health and hygiene standards in the workplace.Because there are no standardised occupational health and safety measures for sex work, there is awide range of practices in massage parlours.Participants reported that in some massage parlours there are strict rules for hygiene and protectionagainst sexually transmitted diseases. One participant explained that in the parlour she workshealth standards are adequate, training is in place, and there are repercussions when employees fail tofollow the required standards.Participants reported that, depending on the establishment and the management, massage parlourscould be very clean or very unsanitary. Some have a mandatory condom use policy, and some alsoprovide condoms, though many of the participants reported that they are required to provide all oftheir own supplies including condoms, and that the only equipment provided is clean towels andlaundry. Several participants thought that condom use should be mandatory, and others stated thatthey should be provided at no charge by the parlour.While some massage parlours require all sex acts to be safe and hygienic, others require workers toengage in extremely unsafe sexual practices. Some locations offer what is known as a “Girlfriend Expe-27