scholarly journals Governing Sex Work Through Crime

2017 ◽  
Vol 81 (3) ◽  
pp. 201-216 ◽  
Author(s):  
Laura Graham

This article uses Jonathan Simon’s concept of ‘governing through crime’ as a framework to argue that the state has framed sex work, and its surrounding problems, as issues of crime. There has been a privileging and proliferation of criminal justice responses to sex work in England and Wales, at the expense of more social or welfare-based responses and at the expense of creating safer environments for sex workers to work. Criminal law is used to manage and control sex work, to reinforce other policies, such as immigration and border control, and to appear to be doing something about the ‘problem’ of sex work without providing rights to sex workers. By framing sex work as an issue of crime, with sex workers being both the perpetrators of crime and the potential victims of exploitative crime, the state is able to legitimise its actions against sex workers, while ignoring the harm done to sex workers by the state.

2021 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Elene Lam ◽  
Elena Shih ◽  
Katherine Chin ◽  
Kate Zen

Migrant Asian massage workers in North America first experienced the impacts of COVID-19 in the final weeks of January 2020, when business dropped drastically due to widespread xenophobic fears that the virus was concentrated in Chinese diasporic communities. The sustained economic devastation, which began at least 8 weeks prior to the first social distancing and shelter in place orders issued in the U.S. and Canada, has been further complicated by a history of aggressive policing of migrant massage workers in the wake of the war against human trafficking. Migrant Asian massage businesses are increasingly policed as locales of potential illicit sex work and human trafficking, as police and anti-trafficking initiatives target migrant Asian massage workers despite the fact that most do not provide sexual services. The scapegoating of migrant Asian massage workers and criminalization of sex work have led to devastating systemic and interpersonal violence, including numerous deportations, arrests, and deaths, most notably the recent murder of eight people at three Atlanta-based spas. The policing of sex workers has historically been mobilized along fears of sexually transmitted disease and infection, and more recently, within the past two decades, around a moral panic against sex trafficking. New racial anxieties around the coronavirus as an Asian disease have been mobilized by the state to further cement the justification of policing Asian migrant workers along the axes of health, migration, and sexual labor. These justifications also solidify discriminatory social welfare regimes that exclude Asian migrant massage workers from accessing services on the basis of the informality and illegality of their work mixed with their precarious citizenship status. This paper draws from ethnographic participant observation and survey data collected by two sex worker organizations that work primarily with massage workers in Toronto and New York City to examine the double-edged sword of policing during the pandemic in the name of anti-trafficking coupled with exclusionary policies regarding emergency relief and social welfare, and its effects on migrant Asian massage workers in North America. Although not all migrant Asian massage workers, including those surveyed in this paper, provide sexual services, they are conflated, targeted, and treated as such by the state and therefore face similar barriers of criminalization, discrimination, and exclusion. This paper recognizes that most migrant Asian massage workers do not identify as sex workers and does not intend to label them as such or reproduce the scapegoating rhetoric used by law enforcement. Rather, it seeks to analyze how exclusionary attitudes and policies towards sex workers are transferred onto migrant Asian massage workers as well whether or not they provide sexual services.


2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.


2016 ◽  
Vol 21 (4) ◽  
pp. 173-187 ◽  
Author(s):  
Alice Orchiston

Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First, the article documents workplace practices in the Australian legal brothel sector, examining sex workers’ agency, autonomy and control over the labour process. Second, it analyses the capacity of each regulatory model to protect sex workers from unsafe and unfair working conditions. On the basis of these findings, the article concludes that brothel-based sex work is precarious and substantively excluded from the protective mantle of labour law, notwithstanding its legality. It is argued that the key determinant of conditions in the legal brothel sector is the extent to which the state enforces formal labour protections, as distinct from the underlying regulatory model adopted.


Author(s):  
Jacqueline S. Hodgson

Centering on the criminal justice systems of England and Wales and France, this book has analyzed recent changes in criminal justice policy trends and process values as they have played out across the core functions of prosecution and defense, as well as how systems malfunction and seek to correct themselves in different ways. Both jurisdictions face common challenges, such as the changing terrorist threat, the constraints of public sector austerity, and the need to adapt to pan-European measures and standards of fair trial. The ways in which, through their criminal law and procedure, they resist, respond, or adapt to these challenges illuminate the legal and political values that motivate criminal justice in each jurisdiction. This in turn invites reflection on the nature and significance of the two contrasting procedural traditions within which they understand themselves to be located....


Author(s):  
Vipin Vijay Nair ◽  
Sandra Anil Varkey

Trafficking of persons, primarily women and children, is one of the growing social dilemmas concerning global society today. Not only is human trafficking a highly sensitive and polarizing subject, but it is also considered a common norm in many countries. Many women recruited into commercial sex work are coerced into the profession exploiting their financial and economic condition but continue to work in the profession to survive through easy money. The chapter focuses on a theoretical framework for understanding the victimization of female sex workers. It also reflects various lacuna in the present criminal justice system and law enforcement mechanism in criminalizing victims within the sex work industry. The chapter narrates the voices of commercial sex workers in India over the prejudices and criminalization by various laws and regulations towards their consensual sex work. The chapter recommends sensitization training and awareness amongst various stakeholders of the criminal justice system.


2019 ◽  
Vol 113 (4) ◽  
pp. 727-771 ◽  
Author(s):  
Ryan Liss

AbstractThe scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the criminal or the crime that are not always present in the international criminal context. Recognizing this gap, this Article introduces a new theory of what distinguishes international crimes from domestic crimes and justifies the unusual scope of international criminal jurisdiction. As this Article explains, international crimes are unique in the way they undermine international society's structure as a system of sovereign states.


1969 ◽  
Vol 4 (4) ◽  
pp. 479-493
Author(s):  
Helen Silving

The state of our “criminal law” in 1905 was described by William H. Taft as “a disgrace to our civilization”. This state had not changed much almost half a century later, when Justice Frankfurter quoted Mr. Taft's statement. Several major modern reform projects formulated since 1952 introduced some noteworthy modifications. I have in mind particularly the American Law Institute Model Penal Code, on the one hand, and the German Draft of a Penal Code, both of 1962, on the other. In the former I should like to draw attention to the serious attempt at a systematization of punishment scales, and in the latter to the effort at a systematic structuring of the “guilt principle”. The German Draft incorporated results of various revisions introduced since the collapse of the National Socialist régime, by either statutory or judicial legislation—revisions born out of the growing concern in Germany with “guilt”. Prominent among these revisions, of course, is adoption of the defence of “error of law” of ancient origin, derived from biblical, talmudic and canon law teaching. Nevertheless, these two projects have but touched the surface of the profound problems that are involved in formulating truly modern penal legislation.


2020 ◽  
Vol 2020 (14) ◽  
pp. 90-116
Author(s):  
Jamie Chai Yun Liew

This article examines how migrant and immigrant sex workers have been rendered invisible before the courts and parliament in the reform of laws regarding sex work in Canada. A discourse analysis of the expansive legal record in the Bedford case and the transcripts of Parliamentary debates and testimony before Standing Committees confirm the lack of nuanced discussion on how criminal law reform could impact migrant and immigrant sex workers. As such, while the case of Bedford and the resulting change in the law made by Parliament have been celebrated as a win for some sex workers as an acknowledgment, recognition and judicial validation of experiences by legal institutions of sex workers, a sub-group of women – migrant and immigrant sex workers – remain in the shadows. This article examines how law excludes migrant and immigrant sex workers; it is a starting point for research on how migrant and immigrant sex workers may participate in future legal reform.


2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.


Author(s):  
Carly Leilani Fabian

There are various academic and activist perspectives on sex work as an area of inquiry at the intersection of queer, feminist, and class politics. Exploring this topic with an eye toward a communicative ethic helps to foreground consent and mutuality when considering some of the major theoretical topics connected with sex work. A historiography of the sex wars of the 1970s and 1980s illuminates how public discussions about feminism and sexuality were influenced by the emergence of pornography as a major media force. Taking seriously the refrain “sex work is work,” how labor can be a useful analytic for connecting sex work to the broader economy is considered, while also pointing to the limits of categories such as “sex,” “work,” and “labor.” Situating sex work in the contemporary context of neoliberal and paternalistic rationalities of the state, how advocates for sex workers are caught in a communicative double bind is discussed. Taking into account shared commitments among scholars of sex work in the communication discipline, alternatives to criminalization provide scholars and activists a place to start in imagining a future that is safer for queer bodies and practices.


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