Our Perspective: The Case for the Equality Model
There has been a sharp rise in national dialogue about the need for changing the current policy approach to “prostitution”. At My Life My Choice, we agree policy change is urgently needed in order to protect the most vulnerable people impacted by the commercial sex industry. We believe the Equality Model is the best solution. However, there is a lot of confusion about the different options, and the potential consequences, which is why we are sharing our perspective on this important issue.
There are three options on the table:
The status quo incorrectly treats the commercial sex trade as two separate markets: prostitution and trafficking. Prostitution is deemed illegal and prostituted persons are treated as criminals. In contrast, the law treats victims of trafficking (those who can prove force, fraud, or coercion OR are minors) as victims. While most understand that children are exploited without “choice”, it is important to also note that the vast majority of adults in this market are not there by choice either or are there because of a “choice” of last resort. The status quo is unacceptable because criminalizing vulnerability is wrong.
The Equality Model, also called Partial Decriminalization, is the model we support. Victims of the sex trade should never be criminalized for what they have gone through. They should be offered services, support and a path out—not arrest. The Equality Model would allow for survivors to get support while still holding the buyers and others who profit from their vulnerability accountable. Under the Equality Model, people in prostitution would be protected by police from the violence associated with buyers and exploiters.
Sweden first adopted the Equality Model in 1999, also called the Nordic Model, and has been followed by many other countries including France, Canada, Israel, Ireland, Norway, and more. These countries have found a decrease in violence and deaths among people in prostitution, a decrease in trafficking, and a decrease in the number of men buying sex. This model is most closely aligned with our fundamental belief that no person should be bought or sold, while also protecting victims of exploitation from prosecution.Full Decriminalization makes it legal for the buyers, exploiters and brothel keepers to operate as a means to make the industry “safer” for prostituted people. It codifies into law support for an industry that is based upon the sexual exploitation and oppression of vulnerable populations. It assumes that the majority of actors in this industry are consensual when we know the opposite to be true. In recent months, proponents of full decriminalization have been very outspoken and well-organized with their messaging that is unfortunately resonating with progressive leaning politicians.
We are terrified by the unintended consequences of full decriminalization because it would further drive demand and growth of this inherently exploitative market. A national study of over 8,000 male buyers in Boston found that a full 20% of men who don’t currently buy sex said that they would if it were legal.[1] 89% of adults currently in the sex industry say that they would get out if they could[2]. This would leave a “demand gap” that would be filled by the most marginalized in our communities, including through trafficking. Under full decriminalization, no one is held accountable for the harm caused to victims: not the buyers and not the exploiters. The stakes are too high to pass policy that could cause further harm.
It is important that we not rely on the loudest voices to inform our policies. The traumatized majority are often the least vocal. For most survivors, the commercial sex industry is a place of profound violence, degradation and trauma. As a survivor-led organization, we know this firsthand from nearly two decades of on-the-ground experience. We challenge our elected officials to proceed with caution and pursue the Equality Model as their chosen policy solution. Unleashing demand and the inevitable exploitation that will accompany full decriminalization is just too great a risk.
By: Lisa Goldblatt Grace, LICSW MPH, Executive Director & Co-Founder
Audrey Morrissey, Associate Director & Director of National Survivor Leadership
To learn more:
Ten Reasons for Not Legalizing Prostitution and a Legal Response to the Demand for Prostitution, http://todaango.org.il/wp-content/uploads/2014/09/10.Reasons.for_.Not_.Legalizing.Prostitution.pdf
The “German Model”, 17 Years After the Liberalization of Prostitution, https://www.trauma-and-prostitution.eu/en/2018/06/19/the-german-model-17-years-after-the-legalization-of-prostitution/
Does Legalized Prostitution Increase Human Trafficking?, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1986065
Nordic Model Laws Key to Tackling Trafficking for Sexual Exploitation, https://www.immigrantcouncil.ie/news/nordic-model-laws-key-tackling-trafficking-sexual-exploitation
What We Know About Sex Trafficking, Prostitution, and Sexual Exploitation in the U.S., World Without Exploitation, 2017, https://www.worldwithoutexploitation.org/stats