This reference text seeks to "clarify terms and illustrate examples of alternatives to the use of criminal law as a response to sex work". It provides capsule definitions - with small case-studies or examples - of what a variety of laws and policies look like in terms of their impact on sex work, covering criminalisation, legalisation, and decriminalisation, along with a mini-discussion of other laws that are used against sex workers, such as the criminalisation of HIV transmission, or immigration enforcement.
The Law and Sexworker Health (LASH) team at the Kirby Institute, University of New South Wales were funded by the NSW Ministry of Health to better inform policy considerations, and the National Health and Medical Research Council to investigate if the various approaches across Australian jurisdictions were associated with different health and welfare outcomes for sex workers.
In 1999, the Swedish government embarked on an experiment in social engineering to end men’s practice of purchasing commercial sexual services. The government enacted a new law criminalising the purchase (but not the sale) of sex (Swedish Penal Code). It hoped that the fear of arrest and increased public stigma would convince men to change their sexual behaviour. The government also hoped that the law would force the estimated 1,850 to 3,000 women who sold sex in Sweden at that time to find another line of work.
This paper, written by Phil Marshall, briefly raises some issues around the demand side of trafficking, initially focusing on demand relating to exploitative labour practices and then discussing issues around demand contributing to exploitation for sexual purposes. It is very much an opinion piece, intended to promote discussion.