In the current sociopolitical context of New York, where activities such as cannabis consumption and sports wagering have been legalized, some legislators are advocating for the decriminalization of sex work in New York State.
Despite the impossibility of eradicating it completely, prostitution remains illegal in New York.
However, for sex workers and their supporters in the legislature, it is time to reevaluate the criminalization of sex work which has burdened the criminal justice system with what many regard as a harmless offense.
The bill aims to eliminate all the criminalized aspects of sex workers performing their occupation," said advocate SX Noir. “And what this will do is enable sex workers to have better access to housing, to medical resources and ultimately to living their lives.”
However, decriminalization is distinct from legalizing prostitution, which has been implemented in other countries and in the state of Nevada.
In those cases, a regulatory framework was established to protect workers by licensing sex workers and providing services such as testing for sexually transmitted infections.
“That lack of attendant regulatory oversight creating essentially an open market, or a free market for the type of conduct described in the bill, could present challenges,” said Alex Wilson, associate counsel for the New York State Sheriff’s Association.
And while prosecutors have refrained from pursuing cases against sex workers, police still respond to complaints in certain neighborhoods.
Assemblymember Jessica González-Rojas, a Queens Democrat, is the sponsor of the bill.
“There are often raids on massage parlors. And places like my community, in Jackson Heights, I have Roosevelt Avenue and you often see the police still in the community targeting our sex workers,” Queens Democrat González-Rojas says. “It’s something which mostly affects undocumented people. In my community, it’s a lot of undocumented transgender women.”
Advocates for sex workers say decriminalization will improve safety. Especially for those subject to abuse or assault.
“You have barriers to legal and criminal resources. So if something were happen to you — let’s say you are a sex worker and you got assaulted — you can’t go to the police and report that. You can’t go and have legal recourse because as of right now prostitution is illegal in New York City,” SX Noir says.