Where Do We Go From Here? The Intention and Impact of Government Surveillance of Sex Workers and the Future of Sex Work Legislation

Abstract

This study analyzes existing mechanisms by the government to surveil sex workers, claiming that sex workers are either victims of sex trafficking who need to be saved or perpetrators of serious crimes who need to be punished. The research addresses the following questions: What is the intention of each legislative framework surrounding sex work? What is the impact of these forms of legislation on the occupational health and safety of sex workers? How do stigma and social control play a part in the surveillance of sex workers? What role does the passing of the Stop Enabling Sex Trafficking Act and Allow States and Victims to Fight Online Sex Trafficking play in the occupational health and safety of sex workers? However, the main research question addressed in this paper is how should federal and state governments approach legislating sex work in the future in order to protect the livelihood and rights of sex workers? To answer this question, I examine studies on and interviews with sex workers that focus on their feelings regarding their personal safety, police and the impact of policing, legislation allowing for the surveillance of sex workers and the implication of stigma in regard to said legislation, and the role of social control in the surveillance of sex workers. Furthermore, I analyze the pros and cons of each legislative model regarding sex work and how effective they are at protecting the rights and safety of sex workers. The results showed that the best way to go about legislating sex work is by at the very least decriminalizing sex work all together. However, in order to legitimize sex work as an occupation and protect the rights and safety of sex workers, legalization is the best approach, so long as there is proper regulation to follow it. This study emphasizes the need for better regulation surrounding sex work—particularly in the US—and the legitimization of sex work as a career, in order to protect the rights and safety of working people and effectively decrease violent crime.