Exploring End-Demand Anti-Trafficking Efforts - PowerPoint Presentation

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Exploring End-Demand Anti-Trafficking Efforts

A Member Only Webinar

Jean Bruggeman Freedom Network USASienna Baskin NEO PhilanthropyKate D’Adamo Give Way to Freedom

Freedom Network USASlide2

Sex Work, Trafficking and End DemandSlide3

What is Sex Work?"A broad definition of sex work would be: ‘the exchange of money or goods for sexual services, either regularly or occasionally, involving female, male, and transgender adults, young people and children where the sex worker may or may not consciously define such activity as income-generating’. Sex work may be formal or informal

. In some instances, sex work is only a temporary informal activity. Women and men who have occasional commercial sexual transactions or where sex is exchanged for food, shelter or protection (survival sex) would not consider themselves to be linked with formal sex work. UNAIDS Inter-Agency Task Team on Gender and HIV/AIDS, in its fact sheet "HIV/AIDS, Gender and Sex Work," published in its 2005 Resource Pack on Gender and HIV/AIDSSlide4

What is Sex Work?Formal and InformalIndependent, collective or for a third partyExchange for resources including currency, housing, food, drugs, services or other necessitiesCriminalized and Not criminalized

Choice, circumstance and coercionA constellation of experienceSlide5

Exploitation and Trafficking

Sex Work

TraffickingExploitation“Sex Trafficking”: Exploitation through force, fraud or coercion into commercial sex“Sex Trafficking”: Any exchange of sex for resources where the individual is under the age of 18.Slide6

Exploitation of Sex Workers

A dominatrix is charged arbitrary fees and fines during her shift and is not allowed to leave the premises until she has paid off this “debt”

Someone working in a brothel who is required to have STI testing, paid out of pocket to work, and is not allowed to leave the brothel “unaccompanied”A body worker is required to have several sessions of “training” where the manager offers a two-for-one special and only the trainer is paid/tippedA client promises $200 for a session and hands over $140Taxi drivers charge significantly higher for dancers leaving the club at the end of a shift, knowing they will have cash on them and are less comfortable taking public transit alone at that hourA law enforcement officer who demands sexual favors in exchange for avoiding arrest.Slide7

End DemandAlso known as the “Nordic Model” or “Swedish Model”A form of criminalization which prioritizes policing of buyers of sexual services over sellers of sexual services

Even if prostitution or soliciting charges are deprioritized (which is rare), arrest and charging with things such as trespassing, possession or disorderly conductReliant on policing and criminalization of the sex tradeHas been pushed in many states, such as Illinois, and federally through the Justice for Trafficking Victims Protection ActSlide8

End Demand in ActionLegislation and LitigationAdding “Soliciting, patronizing” to the definition of traffickingPre-Arrest and PolicingSting operations, Dear John letters, surveillance, public awareness/education, expanding targets to client review sitesPost-Arrest

Public shaming, auto and asset seizure, SOAP/banishment ordinances, John’s schoolsSlide9

Impact of End DemandDiverts Attention, Resources

Allocates funding to resource-intensive operations, such as stingsFocuses only on those trading sexCenters funding in street-based policing which targets the idea of potential harm, instead of actual experiences of exploitation or violenceCauses Harm to Those trading sex, including victims of trafficking

Increases vulnerability to violence, HIV transmission and traffickingImpedes harm reduction techniquesIncreases stigma, shamingCreates barriers to reporting for peers/clientsReduces the pool or potential clients, meaning sex workers are less likely to turn away those who are intoxicatedSlide10

Negative ImplicationsImpedes Harm Reduction Techniques“[I]nformal

support networks among sex workers have weakened, and it has become more difficult to warn other sex workers about abusive or violent aggressors posing as clients.”“[D]isbanding of informal sex worker networks and driven sex workers alone into more isolated areas in order to work.”“Increased mobility and the displacement of sex workers to hidden venues

impedes provision of health and services to sex workers.”Slide11

Negative ImplicationsDecreased Reports of VictimizationAfter Sweden’s law passed, those trading sex in the area reported that they were (1) less like to go to police when victimized and (2) willing to suffer a higher level of violence before reporting.

“[C]lients who would have previously helped to report violence, coercion or other abuse towards a sex worker are now much more reluctant to go to the police for fear of their own arrest.”Slide12

Negative ImplicationsIncreases StigmaAfter Sweden passed a bill which criminalized the purchasing of sex, while leaving sex work decriminalized, advocates reported an “increase in stigma from service providers…, anti-prostitution activists, and the general population.”

“Within this framework, all men who purchase sex are deemed to be aggressors and all women in sex work are deemed to be victims of male violence and patriarchal oppression, a framing that conflates sex work with trafficking,

pathologizes male clients, and renders male and trans workers largely invisible.”Slide13

Negative ImplicationsIncreases Vulnerability with ClientsIncreases in Policing and Criminalization does reduce the number of clients in policed areas, but does not address the lack of access to resources or economic instability which leads many to trade sex in the first place“Less demand or less business can put sex workers in situations where they feel pressured to take on more dangerous clients, work longer hours, lower their rates, or engage in unsafe work practices.”

“Since client criminalization, sex workers on the streets in Sweden have reported greater competition, declining prices, and harsher conditions…Fewer clients on the street can force sex workers to accept aggressive or drunken clients.”Slide14

Negative ImplicationsIncreases in STI/HIV VulnerabilityBeing forced into isolated areas to avoid policing means it is more difficult for outreach workers and harm reduction agencies to reach those in the sex trade.Less negotiation time with clients includes negotiation for safer sex/condom use, and physical boundaries

Sexual violence is a primary contributor towards the spread of HIV/STIsSlide15

Negative ImplicationsLeads to Increases in Violence, Vulnerability to Trafficking“[A Canadian sex worker organization] recorded dramatic increases in violence experienced by sex workers working on the street, including eight violent

sexual assaults against sex workers. Following this sweep, in the fall of 2010, the local police prefect acknowledged that the targeting of clients had been an ineffective response to sex work in the community.”Five years after passage of the Swedish law, street-based sex work had returned to levels closer to prior to the passage of the law. What had increased was reliance on a third party to negotiate with clients.Slide16

Legalization, Decriminalization or something else?Slide17

Other approachesSlide18

New Zealand’s Prostitution Reform ActGOAL: to decriminalise prostitution (while not endorsing or morally sanctioning prostitution or its use) and to create a framework that— (a)  safeguards the human rights of sex workers and protects 
them from exploitation: 


(b)  promotes the welfare and occupational health and safety 
of sex workers: 
(c)  is conducive to public health: 
(d)  prohibits the use in prostitution of persons under 
18 years of age: 
(e)  implements certain other related reforms. Slide19

New Zealand’s Prostitution Reform ActPenalties for selling sex, buying sex, and managing a sex work business removed and sex workers given same protections as others:Prostitution can happen in brothels of any size, on street, privately in homes – all are legal. Sex workers entitled to protection of the Health & Safety in Employment Act in workplaces (OSHA). Clients cannot refuse to pay – contracts are valid.

Brothel workers still largely treated as independent contractorsOperators of brothels of a certain size must obtain a certificate from the Ministry of Justice. Slide20

New Zealand’s Prostitution Reform ActActivities that harm are still crimesIt is a crime to induce or compel another to do sex work or give over earnings from sex work.It is a crime to assist a minor to engage in sex work, to receive earnings from a minor or to engage a minor for sexual services.Police can enter a brothel if first obtain a warrant to investigate a crime.Slide21

New Zealand’s Prostitution Reform ActSome laws treat sex work as different from other workSex workers can refuse to provide sexual services at anytime. Refusal to do sex work cannot affect rights to benefits or entitlements.

Migrants on work, visitors or student visas can be deported if found doing sex work. Who applies for a brothel certificate is protected information.Brothel operators, sex workers, clients required to “take all reasonable steps” to practice safe sex. Medical Officers of Health can enter and inspect brothels for violations of thisCities can only regulate location of brothels and advertisementsSlide22

ResultsEffects of DecriminalizationAccess to HealthAccess to JusticeAccess to SafetyAccess to Opportunity

Effects on CommunitiesSlide23

Freedom Network USA’s Position and ApproachSlide24

Our ApproachHuman Rights-based ApproachProtect the human rights of all individuals, in all forms of laborFocus on health and safetyProtect individual autonomy and choice

Focus on root causes that limit choice and optionsprotect rights of immigrants, workers, LGBTQ, etc.Provide robust social safety net so that NO ONE feels trapped in any form of laborSlide25

Our ApproachAddress the violence and exploitation, not the industryFocus law enforcement resources on those exploiting other for personal gainEnsure law enforcement protection for those reporting any form of abuse or exploitation

Provide services and support to all survivorsAddress all forms of exploitation in all industriesMust increase worker protections across the nation to effectively address traffickingDisjointed efforts simply shift abuse to other sectorsDon’t allow judging of victims as more or less ‘worthy’ of protectionFocus limited services and law enforcement resourcesInvestigation and prosecution of those intentionally exploiting others for their own benefitIdentification and services for survivorsSlide26

Why This Matters to YOU!Reduce harm to communities you serveReserve limited funds for client services and trafficking investigationsEnsure recognition of all trafficking survivorsIncrease access to justice for survivors of all forms of trafficking

Make it easier for survivors to come forward for services and supportSlide27

Q&AType your questions in the chat box!Slide28

ContactJean Bruggeman Freedom Network USA

jean@freedomnewtorkusa.orgSienna Baskin NEO PhilanthropySBaskin@neophilanthropy.org

Kate D’Adamo Give Way to Freedomkate@givewaytofreedom.org