There is evidence that arrests of sex workers in New York City may decrease on their own. The NYPD cites a general decline in prostitution-related arrests (including of buyers and pimps, as well as workers) in recent years. Arrests increased from 1,069 in 2019 to 193 in 2021. In an emailed statement, an NYPD spokesperson told me, “The NYPD`s law enforcement priorities changed in early 2017 and continued, resulting in fewer arrests of sex workers for prostitution in recent years and a greater proportion of arrests of those who buy sex and promote sex for sale. But the statement remained short on one crucial point: Although it said it would no longer prosecute those arrested for prostitution, the text of the law states that it “does not prevent us from bringing other charges that may arise from a prostitution-related arrest,” and notes the New York Times. that the office “will continue to prosecute other prostitution-related crimes. including sex worker paternalism and sex trafficking.” In other words, those who buy sex or are accused of facilitating sex trafficking will not be exempt from this policy change, says Maya Morena, a New York-based sex worker rights activist. “They will always criminalize our customers and third parties, which often means everyone we pay, including our landlords, friends, drivers and customers, will be criminalized,” she says. According to the New York State Interagency Task Force on Human Trafficking, there were about 1,000 confirmed victims of sex trafficking in New York between 2007 and 2019, a number that Meyers says is likely an undercount of actual victims.
If the Stop Violence Act is passed, this number could increase. A 2013 study of 150 countries showed that, on average, countries where prostitution is legal reported higher inflows of human trafficking across sectors. With regard to sex work alone, trafficking in human beings in Germany gradually decreased until 2001 and then increased again after decriminalisation in 2002. “We thank the DA office,” Swenstein wrote. “However, this policy should not replace the need for laws that completely decriminalize sex work and provide criminal record relief for those convicted of prostitution-related offences.” Paternalizing a prostitute is a Class A offence punishable by up to one year in prison and/or a fine of up to $1,000. The paternalism of a prostitute is a class E crime if the prostitute is under 14 years of age. A person convicted of this crime could spend two to five years in prison. Permitting prostitution is a Class B crime punishable by up to three months in prison and/or a fine of up to $500.
For too long, around the world, those who have been bought and sold in the sex trade – mostly women – have been targeted by law enforcement, while those who buy and sell them – so-called “customers” and pimps – enjoy impunity. In Sweden, we were the first to pass a law in 1999 that became the model for what is now called the equality model or Nordic model. We recognize that prostitution is an expression of inequality – inequality between the buyers of prostitution and those who are sold or sell themselves for what we recognize as sexual exploitation. Our Swedish model has proven to be an effective exit strategy for people exploited by the sex industry, as well as an effective strategy to combat the scourge of sex trafficking. Vance asked a judge to dismiss 914 open cases of prostitution and unauthorized massage, as well as 5,080 cases of “loitering for the purpose of prostitution.” For decades, Germany and the Netherlands have supported the legalization of prostitution, likely believing that this approach is beneficial to both those who sell in the sex industry and those who profit from the industry, such as pimps and brothel owners. Now that brothels have been closed due to the COVID-19 pandemic, the debate about the success of this approach is gaining visibility, and now is a good time to seriously address the issues raised. While the hugely lucrative sex trade is always looking for new ways to market women – on the internet, if not on the street – progress continues, and most importantly, prostituted women have access to services and do not have to fear criminal sanctions. We hoped that the law would have a normative effect and change the way men think about women and gender equality.
And over time, our model has had a significant impact on changing norms and culture. Prostitution has decreased and support for the law has increased. Alexi Meyers, a former prosecutor and advisor to the Partial Decriminalization Act, told me that if the Stop Violence Act repealed a law that criminalized the “promotion of prostitution” (referring to pimps) at the level of crimes, it would take “the bread and butter out of human trafficking cases.” The bill proposes to maintain the most relevant laws at the level of crimes, such as combating trafficking in minors or promoting prostitution in school zones. You have an apartment that you rent but don`t live in. You know that your tenant sees clients in the apartment and offers and/or engages in some form of prostitution or escort service. Maybe you didn`t know when your tenant signed the lease, but now you know you made no attempt to stop it. Alternatively, you have helped set up an apartment where you are absolutely familiar with prostitution, or sexual behavior will occur there. Maybe you get a “discount” of money, or maybe you don`t get any of the illegal products associated with prostitution under New York criminal law.
Either way, you can be guilty of a crime even if you are not personally involved in prostitution itself, but simply allow it to take place in your apartment, house, or other premises without making any attempt to stop it. According to Dr. Ingeborg Kraus, a German psychologist and trauma specialist, “prostitution leaves deep scars on the body and soul.” Rachel Moran, a survivor of the sex trade, wrote convincingly in her book “Paid For” about the trauma of prostitution caused by dissociation, which she describes as “necessary but dangerous.” She explains: “Dissociation is essential here; The prostitute cannot preserve her identity or spirit without them. By refusing to prosecute cases of prostitution, New York City joined other cities like Baltimore, which have made similar announcements following ongoing discussions about decriminalizing sex work and criminal justice reform. (Other counties, such as Queens, have also announced that they will deny the prostitution allegations.) And many sex workers` rights advocates applauded the postponement. “I think it`s great! Stopping arrests will have a huge and immediate impact on sex workers struggling to survive under criminalization,” said Kaytlin Bailey, sex worker advocate and host of the Oldest Profession podcast. “Of course, it`s just a first step, but it`s a good step.” A person is guilty of the crime of prostitution if he behaves or consents sexually with another person for a fee. One defence to an allegation of condescension by a first- or second-degree prostitute is the absence of reasonable grounds to believe that the prostitute was younger than the age indicated.
In New York State, prostitution is considered a Class B offense, punishable by up to three months in prison and/or a fine of up to $500. The link between legalized prostitution and sex trafficking is obvious. Our Department of Justice told us that it had intercepted calls from traffickers who said it was not worth doing business in Sweden and that it would be better to go to neighbouring countries where the sale of trafficked girls and women would be much easier. And indeed, sex trafficking in Sweden has decreased significantly since we passed the law. Sweden is not a favorable market for sex traffickers who rely heavily on prostitution to create demand and retail for their supply chain of girls and women. It`s good news that New York is now considering the Sex Trade Survivors Justice and Equality Act, a bill to decriminalize prostitutes. This legislative reform, sponsored by Senator Liz Kreuger and Representative Pamela Hunter, is long overdue. We must recognise that large numbers of prostituted people are victims of human trafficking, and we must not legitimise an industry that thrives on the exploitation and abuse of LGTBQI women, girls and people. Under the United Nations Trafficking in Persons Protocol, ratified by the United States and Sweden, we have an obligation under international law to respond to the demand for prostitution.
Since 2002, when the German law was passed, sex trafficking has reportedly at least tripled – there are now an estimated 400,000 people. Most of them are women and most come from other countries, driven by desperation and some of them are traded by third-party profiteers. Now Germany and the Netherlands are rethinking because their approach to legalizing prostitution has not had the desired effect. Manhattan will no longer prosecute people for “prostitution” and “unlicensed massage,” prosecutors said Wednesday, a stunning change that is pushing the largest city in the United States.