The 4 Legal Approaches To Sex Work

I’m currently in the midst of teaching a study abroad course on sex and culture in Amsterdam. One of the topics we cover extensively in this course is sex work, including the different legal frameworks that exist for it around the world. Here in the Netherlands, sex work is legal and government-regulated. Back home in the United States, it’s completely illegal almost everywhere. Note that, for purposes of this post, I’m talking about sex work specifically in the form of the direct sale of physical sexual services.

However, these are just two examples of the way that governments approach sex work under the law. There are actually four different legal models that exist, so let’s take a look at them and discuss their implications.

Model 1: Completely Illegal

In the illegal model (like the one that exists in the United States, with the exception of a few counties in Nevada), any offer, exchange, or agreement to trade sexual services for money is considered prostitution, regardless of whether a service is actually provided. In this case, the sex worker, the client, and anyone who facilitates the sale can be prosecuted for criminal activity.

Beyond the US, prostitution is illegal throughout most of Africa and Asia, as well as some eastern European countries.

Model 2: Legal and Government-Regulated

In contrast to the completely illegal approach, in the legal and regulated model (like the one in the Netherlands), the government determines which activities are legal and establishes parameters for selling sex. For instance, this may require formally registering as a sex worker and paying taxes on earnings. Any sex work that takes place outside of these established parameters is illegal.

As one example, although sex work is legal in the Netherlands, nearly all Dutch cities ban the sale of sex directly out of one’s home. Also, even in places where it is allowed, you need a permit to be able to do so. So if you lived in an area where you weren’t allowed to work from home as a sex worker but did so anyway, you’d be subject to prosecution for working outside of the established system.

Prostitution is legal in many parts of Europe and South America, as well as Australia.

Model 3: Partial Decriminalization

Next, up is partial decriminalization, which is sometimes referred to as the “Nordic model.” Essentially, what this means is that selling sex is not a crime, but buying it is. In other words, the penalties are shifted entirely to the buyers (although third parties who facilitate the sale of sex may also be prosecuted). The goal of this approach is generally to deter would-be purchasers, while not penalizing workers.

Advocates for this approach often point to the fact that some people are coerced or forced into sex work, and so the reason for not criminalizing the sellers is to avoid the potential for double victimization.

This approach can be found in countries like Sweden and Norway, along with a handful of other countries around the world. This approach seems to be increasing in popularity, having been fairly recently adopted in countries like France and Israel.

Model 4: Full Decriminalization

Finally, full decriminalization involves removing criminal penalties for sex workers and buyers alike. This is different from the legal approach mentioned above in that it does not set strict parameters or regulations for sex work; rather, it creates an open market.

This is not to say that “anything goes” with full decriminalization. For example, sex trafficking and forced prostitution would still be illegal under this approach. If everything is between consenting adults, however, then what happens is just between them.

New Zealand and Belgium are currently the only two countries in which prostitution is fully decriminalized.

Arguments For And Against

The only thing I can say for certain when it comes to these four different views is that it’s really hard to find agreement on them! However, sex workers themselves often advocate for full decriminalization (watch “The Laws That Sex Workers Really Want” here), with some of the common arguments being that this approach empowers workers and creates the safest working conditions.

As noted above, however, few governments have been receptive to this approach. Instead, most have opted for criminalization, ostensibly with the goal of preventing sex work (which, of course, doesn’t really work and typically creates the most dangerous working conditions). Legalization and partial decriminalization are sometimes embraced as more pragmatic approaches in the sense that there’s some recognition that sex work is inevitable. However, they pose their own set of problems.

For example, critics of the partial decriminalization approach often point to the fact that there seems to be a presumption that all sex workers are victims embedded in this model. Further, they argue that it still creates dangerous working conditions because it pushes sex work underground.

Likewise, in the legalized model, requirements such as government registration intrude on the privacy of sex workers. Even in cultures where sex work is legal, stigma against sex workers still exists. Having to register as a sex worker creates a public record that can open the door to discrimination (e.g., in banking and housing) and pose challenges for those who later choose to exit the profession.

So what do you think? What is the legal model for sex work in your local area? What other advantages or disadvantages do you see to these models? Weigh in with your comments below.

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