Should sex work be a crime? (with Kaytlin Bailey)
Spencer Greenberg speaks with Caitlin Bailey about the evolutionary sociology of sex and the institutional prejudices and systemic oppression of sex workers, exploring the impact of criminalization and stigma on individuals and society.
Deep Dive Analysis
12 Topic Outline
Introduction to Sex Work Criminalization and Stigma
Broader Societal Impacts of Sex Work Criminalization
SESTA-FOSTA Law and its Impact on Online Content
Historical and Evolutionary Roots of Whorephobia and Misogyny
Religious Perspectives on Sexual Purity and Sex Work
Sex Workers and STI Prevention and Transmission
Psychological Harm and Intimacy in Sex Work
Coercion, Exploitation, and the Role of Pimps
Legal Models for Sex Work: Nordic vs. Decriminalization
Intersection of Sex Work and Drug Use
Changing Attitudes and Feminist Perspectives on Sex Work
Public Support for Decriminalizing Sex Work
4 Key Concepts
SESTA-FOSTA
The Stop Enabling Sex Trafficking and Fight Online Sex Trafficking Act, signed in 2018, created an exception to Article 230, making online platforms liable for user-posted content. This led to widespread censorship of not just sex work, but also sexual and sex-adjacent content, impacting sex educators and free internet access.
Whorephobia
A concept described as the foundation of misogyny, stemming from societal obsession with paternity and controlling women's sexual choices. This historical focus on who women have sex with has led to policies that control women's movement and access to public spaces.
Nordic Model (Criminalization of Demand)
A legal model where buying or facilitating sexual services is criminalized, but selling is not. While intended to reduce exploitation, it often increases sex workers' vulnerability by making it harder to screen clients, leading to homelessness, and reducing access to harm reduction resources like free condoms.
Decriminalization of Sex Work
A legal model that removes criminal penalties for buying, selling, and facilitating sex work, while still allowing for community standards on disruptive behavior like noise or litter. This approach increases sex workers' safety, negotiating power, and access to healthcare, as they can report crimes and be honest with medical professionals without fear of arrest.
10 Questions Answered
Criminalization erodes foundational freedoms like privacy, freedom of movement, and freedom of expression for everyone, as policing prostitution often involves policing who people have sex with and why. It also hinders public health efforts, as seen when anti-immigration policies prevented known sex workers from attending an HIV/AIDS conference.
Kaytlin Bailey believes whorephobia is the foundation of misogyny, stemming from societies becoming obsessed with paternity and controlling women's sexual choices, which then leads to controlling women's movement and access to public spaces.
Kaytlin Bailey suggests it's primarily a cultural phenomenon, citing human hidden estrus (making mate guarding less logistically effective for evolution) and the diverse mating strategies seen across different human cultures and primate species.
Sex workers are generally better at preventing STIs and transmission than the general public because they share harm reduction information, take more precautions, and are more likely to use condoms, especially when their negotiating power is increased through decriminalization.
Yes, while both promiscuous individuals and sex workers may be 'slut-shamed,' there appears to be an additional cultural narrative that negatively views women specifically profiting from their sexuality, whether through sex work or other forms of capitalizing on beauty and sexual appeal.
Pimps are described as a direct product of criminalization, emerging after brothels were shut down and sex workers needed male intermediaries to connect with clients safely. While some act as abusive managers, the violence and criminality associated with pimps are compounded by the criminalized and stigmatized status of sex workers, not inherent to the management role itself.
The main models include full criminalization, the Nordic Model (criminalizing demand but not supply), legalization/regulation (like in Nevada or Amsterdam), and decriminalization (like in New Zealand, Queensland, Victoria, and Belgium).
This opposition often stems from the perception that prostitution is a symbol of violence against women, with some feminist movements viewing sex work as inherently violent and demeaning, contributing to the objectification of women.
Kaytlin Bailey argues this is misguided, stating that in decriminalized environments, sex workers gain more negotiating power and protections, allowing them to successfully sue for sexual harassment or assault, demonstrating that professional sexual services and violent assault are distinguishable.
Polling indicates growing support, with 44% of the American electorate in 2018 and 55% in D.C. in 2020 believing consensual sex between consenting adults shouldn't be a crime. Support is bipartisan, coming from small-government conservatives, harm reduction liberals, and libertarians.
9 Actionable Insights
1. Support Sex Work Decriminalization
Advocate for decriminalizing sex work to enhance safety, improve access to healthcare, and reduce exploitation for sex workers by increasing their negotiating power.
2. Oppose Anti-Sex Work Legislation
Recognize that laws targeting sex work, like SESTA-FOSTA, erode foundational freedoms such as privacy, freedom of movement, and access to sexual health information for all.
3. Challenge Sex Work Stigma
Re-evaluate personal and societal biases against sex work by understanding its historical context, the proactive harm reduction strategies employed by sex workers, and that coercion, not transactional sex, is the core problem.
4. Criminalization Fuels Pimp Exploitation
Understand that the existence of pimps and associated violence in sex work is largely a consequence of criminalization, which creates vulnerabilities and a need for intermediaries, rather than being inherent to the work.
5. Avoid Nordic Model Policies
Do not support the Nordic Model (criminalizing demand) as it increases sex workers’ vulnerability, reduces their negotiating power, and makes it harder for them to screen clients and access support services.
6. Beware Strict Sex Work Regulation
Understand that overly strict legalization and regulation of sex work, such as in Nevada, often restricts workers’ autonomy, limits independent work, and can lead to state-enforced control rather than empowerment.
7. Utilize Sex Worker Safety Protocols
If engaging in sex work, prioritize safety by using online message boards for screening, checking client references, confirming client identity and employment, and informing a trusted friend of your whereabouts.
8. Adopt Decriminalization Model
Policymakers should consider adopting a decriminalization model, like New Zealand’s, to remove criminal penalties for consensual adult sex work, enable workers to report crimes, and allow for appropriate business licensing for larger operations.
9. Assess Quitting vs. Sticking
When deciding whether to quit or persist, evaluate the future expected value, but also self-reflect on your personal biases, such as a tendency to abandon projects prematurely or to stick with them too long due to sunk costs.
6 Key Quotes
I personally think that it's a cultural phenomenon, but you certainly see this behavior and also lots of different mating and social strategies in our closest relatives, right?
Kaytlin Bailey
I mean, I think if we're like thinking empirically, sex workers are way better at preventing STIs and transmission than the general public.
Kaytlin Bailey
I felt way more psychologically. I mean, I still wake up from like cold sweat, panic nightmares about my time as a waitress here in New York.
Kaytlin Bailey
The forcing that is the problem, not the erotic part of it.
Kaytlin Bailey
I think it's important for feminists to understand that they should be standing with sex workers, that protecting the places that we use to trade information with each other, that we use to do our work, is protecting reproductive health, access to contraception, and women's rights generally.
Kaytlin Bailey
But we will never eliminate this work. We can only make it less safe.
Kaytlin Bailey
1 Protocols
Independent Sex Worker Client Screening Protocol
Kaytlin Bailey- Ask the client to provide the name and contact information of at least two other sex workers they have previously seen.
- Reach out to the provided references to verify the client's behavior and payment history, looking for positive or neutral feedback.
- Confirm the client has ties to the community by checking their employment, such as verifying if they are listed on their employer's website.
- Check the client's ID to ensure it matches the information gathered during reference checks.
- Call a friend in front of the client to inform them of your location, who you are with, and when to expect to hear from you, ensuring someone knows your whereabouts for safety.