Sex Workers
Sex work is the exchange of sexual services for money or something of value (erotic dancing, adult film actors, workers, etc.). Individuals engage in sex work for a variety of reasons, which could include choice, circumstance, and coercion (See our human trafficking page for more information on coercion and sex work. This page discusses sex work as a legal form of work.
Sex work is the exchange of sexual services, performances, or products between consenting adults of a legal age and mental capacity to consent for material compensation. Sex work only refers to voluntary sexual transactions; it does not refer to human trafficking and other coerced or nonconsentual sexual transactions such as child prostitution.
Sex work is diverse and may apply to sexual or erotic activities for payment. It goes beyond prostitution, which exclusively describes the exchange of sexual services for payment. Types of sex work include various consensual sexual services or erotic performances involving varying degrees of physical contact with clients; examples include webcam modeling, stripping, pole dancing, phone sex, erotic dancing, and erotic massage.
Sex workers use physical, psychological and interpersonal abilities to perform their work; technical and personal skills; money management skills and the capacity to deal with the strong prejudice against them. All of this knowledge has a direct impact on their ability to make a living from sex work.
Sex workers do this work to make a living. While sex workers are often asked why they do this work, gas pump attendants, office clerks, doctors and lawyers are seldom asked to explain their motivations behind their profession. Being conscious of and challenging this double standard contributes to the social integration of sex workers and, as a result, to the fight against their marginalization. At the end of the day sex work, as other work, is an economic activity people engage in to pay for living expenses such as rent, food or bills.
People who do sex work need to be recognized as full citizens, listened to without being judged, taken seriously, and integrated into the community without fear of being ostracized. They also need their human rights to be recognized and respected, and to have access to public services without discrimination.
One common question is why are certain sexual acts for money are legal and others are not? Generally, this refers to exotic dancing (“stripping”) and pornographic films. The answer is that in both situations the activity is only somewhat legal under certain circumstances and may easily become illegal if a very thin line is crossed.
In the case of exotic dancing, states and local municipalities are usually responsible for licensing the conduct and providing regulations for how it may be conducted. While some jurisdictions allow things like contact and partial nudity with patrons, others do not. Some require that performers be licensed, and others do not. The laws are so widely varied that you will need to check with local counsel to have your specific questions answered. Visit workplacefairness.org for a directory of employment attorneys.
Pornography lives in a unique legal gray zone. Just as in prostitution, performers are paid for sex acts, but this is usually not considered illegal. The distinction comes down to who is paying and the purpose for the sex. If a third party pays two people to have sex while it is recorded, this is a performance for entertainment purposes. The question becomes much fuzzier if the person paying for the performance is also involved in the sex act, and it is not at all clear that simply recording the sex act makes it a legal performance versus simple prostitution. Contact a lawyer to learn more about the law in your state. Visit workplacefairness.org for a directory of employment attorneys.
New Hampshire. HB 123 grants immunity from prosecution for prostitution for reporting a sexual assault.
Nevada. HB 18 directs that a person who reports to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the prostitution statutes.
Sex workers also often lack the legal and social protections afforded to workers in other industries. Without explicit legal or labor protections afforded by union support, sex workers are especially vulnerable to sexual assault, stalking, harassment, and other forms of abuse from law enforcement. As independent contractors, many dancers are also hesitant or unable to report clubs and management for labor violations like infrastructure failures or a culture of sexual harassment and violence.
The internet has made it easier for sex traffickers to exploit victims and connect with buyers. Traffickers often use social media and these platforms:
- Advertising (classified ad sites for sex services)
- “Hobby board” (review sites for sex services)
- “Sugar dating” (dating sites that include commercial arrangements)
Congress passed the SESTA-FOSTA law to hold online platform providers accountable for prostitution and trafficking facilitated by their platforms. See the law for more information.
Like all other employees, exotic dancers and similar workers are entitled to a safe workplace. The Occupational Safety and Health Administration (OSHA) requires strip clubs to comply with the same safety and health standards that it imposes on other businesses. Safety includes freedom from violence, such as assault and sexual harassment.
In addition to federal authorities enforcing these laws, some sex workers have themselves
coordinated to insist upon their rights. For example, a group of exotic dancers for a club in Los
Angeles protested poor working conditions by wearing costumes to represent their employer’s
alleged OSHA violations.
Strippers United is an example of advocacy organizations run by current and former sex
workers. It informs exotic dancers and similar workers of the employee rights, from workplace
safety concerns to forming unions.
Women, transvestites, and transsexuals working in the sex industry need to have better control over their working conditions. They need to gain or improve the personal skills and abilities that allow them to live and work in a healthy way with dignity. People who do sex work need to be recognized as full citizens, listened to without being judged, taken seriously, and integrated into the community without fear of being ostracized. They also need their human rights to be recognized and respected, and to have access to public services without discrimination.
Human trafficking is an egregious human rights violation involving the threat or use of force, abduction, deception, or other forms of coercion for the purpose of exploitation. This may include forced labor, sexual exploitation, slavery, and more.
Sex work, on the other hand, is a consensual transaction between adults, where the act of selling or buying sexual services is not a violation of human rights. Conflating trafficking with sex work can be harmful and counterproductive.
Sex worker organizations oppose exploitation, and many argue that the most effective way to address exploitation, including human trafficking, is to strengthen workers’ rights and address economic injustices. Precarious work, restrictive migration policies, and gender inequality all contribute to greater vulnerability to exploitation.
International Sex Workers’ Day, a global annual event dedicated to observance and raising of awareness about the rights and well-being of sex workers around the world. The day offers an opportunity to highlight the challenges faced by individuals involved in the sex industry and promote discussions on how to ensure their safety, dignity, and human rights.
International Sex Workers’ Day holds immense importance for advocating the rights of sex workers and combating the prejudices they face. It aims to challenge the social stigma surrounding the profession and raise awareness about the need for safer working conditions, access to healthcare, and legal protections.
Prostitution is a legal and morally charged term. It involves engaging, agreeing, or offering to engage in sexual conduct with another person in return for a fee. Prostitution is a morally charged term that has been associated with deviance, corruption and criminality, and still is today. The use of the terms like “prostitution” and “prostitute”, restrict a person’s identity to the activities in which he/she engages. Sex workers need these activities to be defined as work because they view their occupation as an activity that generates income.
Prostitution is illegal in all states except Nevada and Maine. Whether or not other types of sex work is illegal depends on how states define those acts. Nevada law prohibits solicitation and prostitution unless it takes place in a licensed house of prostitution. Only 10 counties in Nevada allow prostitution. Maine decriminalized prostitution for the adults who sell sexual services, not for buyers. See the law for more information. See state laws for more information.
Prostitution is a morally charged term that has been associated with deviance, corruption and criminality, and still is today. The use of the terms like “prostitution” and “prostitute”, restrict a person’s identity to the activities in which he/she engages. Sex workers need these activities to be defined as work because they view their occupation as an activity that generates income. Using the term sex work helps draw a distinction between the economic activity and the person’s identity. Who sex workers are should not be confused with the work they practice.
