Yet, this is the reality today for sex workers due to a discriminatory legal regime and the pervasive stigma that shapes the actions of law-enforcement officials, as well as policies and attitudes in health and social systems. In , the former Harper government passed the Protection of Communities and Exploited Persons Act PCEPA , which is based on an ideological view of sex work as inherently exploitative and which aims to create conditions that would reduce or end the demand for paid sexual services.
Because this imposes unjustified and avoidable harms and risks on those who practise this legal work, Canadian sex workers brought a constitutional challenge , which was dismissed last year by the Ontario Superior Court. That decision will likely be appealed to the Supreme Court. In addition, even before any court appeal is heard, some steps can and should be taken by police as well as health and social-service organizations to protect the rights of sex workers β many of whom are Indigenous, minorities or other disadvantaged people β as part of a larger struggle to protect minority rights in a time of rising bigotry.
Sex work is not an intrinsically dangerous way to earn money. Sex workers note that violence is unusual and usually stems from a small subset of clients. Moreover, the suppression of online content related to sex work makes it more difficult to mitigate the risk of client violence by using online networks to screen potential clients.
Finding a middle ground on prostitution. Criminalization also means many sex workers are reluctant to call police for help, which in turn increases the likelihood of experiencing client violence. Indeed, sex workers β particularly Indigenous sex workers β often experience harassment, racism, ridicule, unwarranted intrusion and sometimes physical endangerment from police.
Those who avoid police by relocating to more isolated locations face higher risks of violence and lower access to health services. For migrant sex workers , criminalization and fear of deportation lead to heightened disempowerment and greater risks to their health.
