The Government of Canada is seeking the public's input on the criminal law's response to adult prostitution. Essentially, the OFOVC was created to assist in giving victims a voice at the federal level in Canada and in promoting and encouraging the enhanced treatment of victims in Canada. That being said, the OFOVC is of the view that in many cases, the issue of prostitution may involve various types and levels of victimization and, as such, respectfully submits the following points for consideration.
Understanding the links between prostitution and victimization is a complex task. While there is no consensus on the factors that may lead a person to become involved in the sex trade, it is clear that there are groups of persons working in the sex trade industry who are, in fact, victims. In , the RCMP made a conservative estimate that approximately women and children are trafficked into Canada each year for sexual exploitation alone 1. Given this, we must ensure that the laws in place in Canada respond to this reality and are able to properly offer a safe environment in which a victim may come forward without fear of prosecution.
The Office has heard human trafficking victims speak to their mistrust of law enforcement and the feeling that if they had come forward as a victim, they may not have been believed or worse, arrested. It is clear that these fears pose a significant barrier to victims seeking the protections they are entitled to and, as a result, not only are we failing to protect the most vulnerable we also likely do not have a clear picture of the level of abuse and victimization related to the sex trade industry.
While this is not directly relevant to the question of criminalization, it does demonstrate a significant correlation between abuse or victimization and its potential long-term effects. With that in mind, it becomes clear that we must prioritize ensuring that those who are victims of crime have the supports they need not only in the immediate aftermath of a crime, but over the longer term in order to promote safe and healthy communities. It is also important to note that while victimization may be a factor for some sex trade workers, we cannot make the assumption that all those who choose to work in the sex trade do so as a result of abuse or coercion.
The Office has met and spoken with sex trade workers who very clearly articulate that they do this type of work by choice. Regardless of the circumstances for entering into sex work, research suggests prostitution poses increased safety risks to those involved. Almost all were female 60 ; 7 of them were juveniles aged 15 to Most deaths were related to the trade.
