ACLU RESEARCH BRIEF

Is Sex Work
Decriminalization
The Answer?
What The Research Tells Us

Introduction
For more than 40 years, the ACLU has advocated for
the decriminalization of sex work.1 While sex workers
themselves have long spoken out about the harms
of criminalization, efforts to decriminalize sex work
have only recently expanded, becoming of interest to
both national and state officials. In November 2019,
Massachusetts Rep. Ayanna Pressley introduced a
resolution into the U.S. Congress to decriminalize
sex work between consenting adults.2 Several states
have proposed similar legislation, including New
York, Maine, Massachusetts, Washington, D.C., and
Vermont. As of publication of this Brief (October,
2020), the buying and selling of sexual acts remains
illegal and penalized in all states across the United
States besides Nevada, where prostitution is legal
only in a regulated, “licensed house of prostitution.”3
However, between 1980-2009, indoor prostitution was
technically legal in Rhode Island due to an gap in the
law outlawing the buying and selling of sex outdoors
that was later amended.4
At the federal level, recent legislation — driven in part
by the inaccurate conflation of human trafficking with
consensual sex work — has focused on limiting access

to certain online avenues for buying and selling
sex-related activity. Specifically, in 2018, the Stop
Enabling Sex Traffickers Act (SESTA) and the Fight
Online Sex Trafficking Act (FOSTA), collectively
referred to as “SESTA/FOSTA,” were signed into
law with bipartisan support.5 These laws ostensibly
intended to curb human trafficking by making
websites liable for postings that appear to advertise
sex trafficking or even consensual prostitution,
subjecting websites hosting sex-related illegal activity
to harsher punishments than websites hosting
content related to other forms of illegal activity.
These laws appear to have resulted in a drastic
reduction in access to online venues. For example,
Backpage, a website long known to advertise sex
work, was shut down following the passage of these
laws.6 This restriction of access to online platforms
led to an outcry from many sex workers and advocacy
groups, arguing that eliminating online screening
mechanisms for clients leads to more dangerous
working conditions for many sex workers.7 In
response to these concerns, the SAFE SEX Workers
Study Act was introduced in the Senate in 2019 and,
as of the publishing of this Brief, is still in committee.
The bill requests research into the health and safety
impacts of SESTA/FOSTA.8

While consensual buying and selling of sexual activity
remains very much illegal almost everywhere in
the United States,9 the tide is beginning to turn in
some other places around the globe. New Zealand
decriminalized both the selling and buying of sexual
activity in 2003, while several other countries
decriminalized the sale of sex but left the purchase
a criminal offense (often referred to as the “enddemand” or “Nordic model“ approach).10 In the
international sphere, there have been increasing
calls for decriminalization. For example, following
examination into the human rights of sex workers
in four countries, Amnesty International called for
all countries to fully decriminalize sex work (i.e.,
decriminalize the sale and the purchase of sex).11
In the current context of COVID-19, the physical and
economic vulnerability of sex workers is becoming
more apparent, with growing attention in both policy
and the media, due to lack of access to support in
pandemic responses.12 As such, in May 2020, Human
Rights Watch recommended jurisdictions that
currently criminalize sex work take steps toward
decriminalization, reiterating their earlier stated
support for decriminalization.13

2

ACLU Research Brief: Why Decriminalize Sex Work?

As international calls for decriminalization increase
and efforts for U.S. legislative reform at the local,
state, and federal level grow, examining the potential
impacts of these proposed policies is critical; this
Research Brief reviews existing empirical research
on the impacts of decriminalization — and conversely
criminalization — of adult, consensual prostitution
and related charges to inform recommendations
for policy and practice. As such, this Brief provides
an assessment of the growing evidence base on the
potential benefits and harms of the decriminalization
of consensual sex work.14

Methodology
This Brief identifies empirical research
specifically relevant to the question of impacts of
decriminalization15 or legalization16 of consensual sex
work among adults.17 Sources were identified through
iterative searches of peer reviewed and legal articles,
government reports, and NGO (non-governmental
organization) publications. Specific criteria for
inclusion were:
Empirical research — either quantitative,
qualitative, or mixed-methods, including both
original studies and systematic reviews and
meta-analyses;
Available in the English language;
Addressed potential consequences/benefits
of decriminalization, criminalization, and/or
legalization of sex work; and
Specifically pertained to sex work that is
criminalized for adults in the U.S. (i.e. the buying
and selling of sexual acts).

Research on both domestic (U.S.) and international
contexts was permitted, and specific efforts were
made to include research conducted by and with
former/current sex workers and sex work organizing
groups. The empirical literature specifically

examining impacts of decriminalization of sex work
comes from research more in international than
domestic (U.S.-based) settings. While it is important
to note this gap or limitation in our research, this
disparity exists at least in part because this type of
research or analysis can only occur in places with
decriminalization or legalization policies, which the
U.S. does not have, with very few exceptions. However,
U.S. research on the impacts of criminalization can
provide crucial information on potential impacts
of decriminalization, and thus are included in this
review.
The literature reviewed focused on empirical research
that: 1) assessed laws or policies implemented; 2)
provided data on how decriminalization would/
could affect sex workers; and/or 3) offered empirical
evidence on how criminalization has affected/affects
sex workers. Studies ranged from statistical models,
evaluation of the impact of policies and laws, and
descriptive studies of sex workers’ experiences.
A total of 83 sources met our criteria for inclusion and
were reviewed for this Brief, comprising 25 empirical
qualitative studies, 25 quantitative studies, 27 mixed
methods studies, and six systematic review/meta
analyses. Fifty-seven sources were journal articles,
18 were NGO reports, seven were government reports,
and one was a law review article. These sources
included 54 articles that looked at international
contexts and 29 that looked at domestic (U.S.)
contexts (see Table 1).

TABLE 1

Overall Breakdown of Sources Included In Review (N=83)
Location of Study18

Reference Type

Outside U.S. (53): Argentina (1) Australia (1) Canada (12)

Journal article (57) NGO report (18) Government report

China (2) European Union (1) Fiji (1) Kenya (2) India (1)

(7) Law review (1)

Ireland (1) Netherlands (3) Norway (4) New Zealand (2)
Northern Ireland (1) Papua New Guinea (1) Senegal (1)
South Korea (2) South Africa (2) Spain (1) Swaziland (1)

Qualitative (25) Quantitative (25) Mixed methods (27)

Sweden (6) Uganda (2) U.K. (2) Zimbabwe (2)

Systematic review/Meta-analysis (6)

U.S.-Based (29): National (5) California (6) Illinois (1)
Maryland (8) Massachusetts (1) Nevada (1) New York (6)
North Carolina (1) Texas (1) Rhode Island (1)

3

Methodology of Studies

ACLU Research Brief: Why Decriminalize Sex Work?

Our initial review of the extant literature indicated five
key areas of inquiry, which then guided our full review
and analysis of the research. As such, this Brief draws
upon the existing empirical research to answer these
five key questions:
1. When you decriminalize sex work, how
does it impact safety?
2. When you decriminalize sex work, how
does it impact health?
3. When you decriminalize sex work, how
does it impact financial stability?
4. Which populations are most impacted by
the criminalization of sex work?
5. What is the relationship between sex work
decriminalization and efforts to combat
human trafficking?

4

ACLU Research Brief: Why Decriminalize Sex Work?

A note about language: Whenever possible, we use
the language preferred by sex worker advocacy
communities — for example “sex work” instead of
“prostitution” in this Research Brief. However, at times
it was necessary to use the specific legal terminology or
particular language used in a research study.

Findings
Q1. When you decriminalize
sex work, how does it impact
safety?
This section presents a summary of evidence on
the impacts of decriminalization on safety and
violence. The research overwhelmingly suggests
that criminalization of sex work, including
criminalization of buying, but not of selling, sex
known as the “end-demand” or “Nordic” model,
increases the risk of violence and threatens the
safety of sex workers. Specifically, the findings
discuss violence by clients, violence by police, and
sex workers’ inclination to report violent crime to
authorities.
Violence By Clients
In criminalized contexts, sex workers face violence
from clients, related both to the context of the
interactions and the actual and perceived lack of
police protection.19 For example, 22 percent of the
250 female20 sex workers surveyed in Baltimore,
Maryland reported physical or sexual violence by a
client in the past three months. Research suggests
a strong association between rushing negotiation
and experiences with client-perpetrated violence;
when sex work is illegal workers may not be able to as
effectively screen clients or negotiate fees or activities.
The lack of time or conditions to agree upon a fee in
advance can increase the risk of disagreement and
violent or aggressive escalation by the client during
or after the fact. For example, findings from three
studies in Vancouver, Canada indicate that rushing
client negotiations, often due to police presence,
resulted in increased client violence to female
workers.21 Sex workers interviewed in a small South
African study indicated that the criminalization
and stigmatization of sex work exacerbated their
experiences of sexual violence.22

5

ACLU Research Brief: Why Decriminalize Sex Work?

An assessment of the impact of legislation that
changed sex work from being legal for both buyer and
seller to criminalizing the buyer, i.e., an end-demand
model, in Northern Ireland concluded that there was
little overall impact on supply or demand, but that
online solicitation increased, whereas street-based
solicitation decreased.23 Similarly, evaluations
of Sweden’s end-demand model found a decrease
in street-based sex workers, although they could
not identify whether indoor or online solicitation
changed one way or the other.24 A systematic review
of 28 studies from multiple countries found that
sex workers in outdoor environments experienced
higher levels of violence than those working in indoor
environments.25 Thus, given the greater safety risk
for sex workers soliciting on the street as opposed
to online or indoors,26 these findings could be seen
as a positive impact of end-demand laws. However,
application to a U.S. context would be inappropriate
given that an end-demand model in the U.S would be a
loosening of restrictions on sellers with no change in
restrictions on buyers, not a tightening of restrictions
on buyers, who are already criminalized in almost all
U.S. contexts. Furthermore, the Northern Ireland
study also documented an increase in harassment
and abusive behaviors by clients after buyers were
criminalized, resulting in an increase of fear and
stigma reported by sex workers, and sex workers
expressed that the end-demand law was negatively
impacting them more than it was the clients.27
Research in Canada and Norway shows that shifts
away from criminalizing sex workers and toward

Even when clients
are the stated
target of police, sex
workers remain at a
heightened risk of
violence.

targeting buyers or clients still harm the safety of sex
workers and their ability to negotiate their working
conditions. Even when clients are the stated target
of police, sex workers remain at a heightened risk of
violence.28 Two Canadian studies showed that moving
police practices to an end-demand model yielded
no statistically significant decrease in workplace
violence against sex workers.29
Research suggests that decriminalizing or legalizing
sex work for both the buyer and seller may better help
to protect sex workers from client violence. After the
Netherlands legalized prostitution through specific
regulations and only in specifically designated public
areas known as “tippelzones,” they saw a 30 to 40
percent decrease in sex crimes citywide, and research
indicated a long-term decrease in sexual abuse and
crimes involving drugs if licensing was introduced
from the start in the tippelzone.30
Limited research on loosening restrictions
surrounding sex-related work in the U.S. suggests
that sex workers may be safer under less restrictions.
For instance, during the period of inadvertent
decriminalization of “indoor prostitution” in Rhode
Island from 1980 through 2009, there was a 30
percent decrease in reported rape offenses against
sex workers post-decriminalization.31 Several
studies of conditions under legalized sex work,
including legalized brothels in Nevada, indicate that
legalization entails higher regulation and scrutiny,
resulting in a decreased risk of violence due to greater
oversight, regulated negotiation systems, greater
peer support from social networks, and more positive
relations with law enforcement.32
Risk of violence by clients also appears to vary based
upon the venue used for advertising services and
connecting with clients, particularly online versus
street-based venues. Research from the U.K. noted
that internet-based solicitation may increase online
harassment, threats, and even non/under-payment,
as well as non-consensual and potentially harmful
breaches of data privacy.33 Nonetheless, levels
of violent crime (physical or sexual assault) are
shown to be substantially lower with online versus
street-based sex work.34 A U.S. study found that the
ability to find and screen clients online via the Erotic

6

ACLU Research Brief: Why Decriminalize Sex Work?

Services section (ERS) of Craigslist was associated
with lower rates of female homicide, and attributed to
more efficient transactions and greater screening of
clients.35 Yet, not long after that study was conducted,
U.S. federal legislation known as SESTA/FOSTA
(Stop Enabling Sex Traffickers Act/Fight Online Sex
Trafficking Act)36 made websites liable for posting of
even consensual buying or selling of sex, resulting in
the shutdown of online outlets, such as Craigslist ERS
and Backpage, another commonly used site by onlinebased sex workers.37 Critiques of the aforementioned
Craigslist ERS study38 (and the study authors
themselves) have rightly noted some limitations
of the research, particularly with regard to its
applicability to potential impacts of SESTA/FOSTA,
including not being able to measure homicides of sex
workers specifically and occurring in a different time
and context. However, since the passage of these
laws, additional research has identified negative
consequences on sex workers’ safety, including
having to take on riskier clients, receiving physical
and/or verbal threats or being physically exploited,
and being forced to screen clients less, both because
they lacked a dependable screening mechanism and
because they were more desperate for clients.39 For
example, 60 percent of the 262 sex workers surveyed
in a U.S. study reported having to take on riskier
clients since SESTA/FOSTA restricted their online
platforms.40 In another study, a third of the 90 onlinebased sex workers (33.8%) recently surveyed reported
an increase in violence from clients since the shut
down of Backpage and passage of SESTA/FOSTA.41
Violence By Police
Research shows that in heavily policed,
criminalized contexts, including end-demand
models, sex workers are often physically or
sexually coerced by police through threat
of detention, violence (including rape), or
extortion.42 There is evidence not only of regular
police contact, but also the extent to which those
interactions may be abusive, violent, and lead to
imprisonments. Findings from a U.S. survey of
online-based and street-based sex workers indicated
police violence was a real threat; when asked about
their experiences doing sex work, one respondent

Asked about
their experiences
doing sex work,
one respondent
declared, “All of my
worst experiences
happened because
of the police.”
Blunt & Wolfe, 2020

declared, “All of my worst experiences happened
because of the police.”43 Survey results from 250 sex
workers who participated in the Sex Workers and
Police Promoting Health in Risky Environments
(SAPPHIRE) study in Baltimore, Maryland reveal
that 78 percent had experienced at least one abusive
encounter with the police.44 In fact, an investigation
led by the U.S. Department of Justice concluded that
officers in the Baltimore Police Department forced
sex workers to perform sexual acts to avoid arrest.45
Most of the 30 street-based sex workers interviewed
in one New York City study reported having daily
contact with the police; the vast majority were
negative contacts leading to citations, arrest, and/
or violence, however a minority of sex workers did
report some positive interactions, particularly in
regard to domestic violence issues.46 One in 10 sex
workers in the SAPPHIRE study also reported daily
interactions with the police, ranging from stops
and arrests to verbal abuse and assault.47 Given the
regularity of police interactions, sex workers face not
only the threat, but also the reality, of incarceration.
For example, a recent study examining the impact of
police and client violence on sex workers in Baltimore,
Maryland found that 70 percent of sex workers in the
sample had been incarcerated, with an average of 15
instances of imprisonment within their lives.48

7

ACLU Research Brief: Why Decriminalize Sex Work?

Unsurprisingly, arrests, which themselves can
involve extreme violence and lead to the violence of
imprisonment, decreased significantly after sex work
was decriminalized in New Zealand and Rhode Island
(U.S.).49 After passing SB 825 in Texas, which defined
separate legal codes for buyers and sex workers, the
disproportionate criminalization of sex workers
shifted to criminalizing clients (akin to end-demand
models). Arrest rates of sex workers (and therefore
risk of violence associated with arrests) decreased,
while arrest rates of buyers increased.50
Even in partially and fully decriminalized contexts
such as Canada and New Zealand, respectively,
abuse of police power can and has occurred, albeit
on a lesser scale.51 Although legalization — the
scenario which removes criminal penalties for some
sex work, provided the participants comply with
relevant regulations — may help to reduce violence
from clients (as discussed previously in the context
of brothels in Nevada (U.S.) and tripplezones in The
Netherlands), it may also maintain a level of police
surveillance and contact with negative consequences
to sex workers. For example, in Senegal, research
concluded that government-mandated and legally
enforced registration of sex workers increases their
interaction with the authorities and puts them at risk
of police violence.52
Inclination To Report Violent Crime
Due to historical discrimination by and mistrust of
the police and the risk of being arrested when sex
work is criminalized, sex workers report crimes to
the police at low rates.53 In a study of sex workers
in Sacramento Valley, California (U.S.), most sex
workers indicated that they did not report violence to
the police because of fear that law enforcement would
blame the sex workers themselves,54 a fear that sex
workers surveyed in Chicago55 and New York City56
also predominantly reported. Furthermore, in a
Baltimore study, police officers themselves expressed
the view that violence was an inevitable consequence
of sex work and not worth addressing in a serious
manner, and thus they did not treat sex workers’
victimization as legitimate.57

In a Canadian study, many Vancouver sex workers
who had experienced workplace violence felt unable
to access community health or social services due
to the criminality of their profession, and the study
found an association between a lack of access to
those services and the declining to report violence to
authorities.58 Similarly, only a third of sex workers
surveyed in Northern Ireland indicated that they
would report a crime to police.59
Some existing research suggests that
decriminalization and legalization may remove
the threat of arrest, making sex workers feel
more confident and safer reporting violent
crime to the police, including violence that occurs in
the course of payment or service negotiations.60 The
research in New Zealand shows that largely due to the
removal of the threat of detention as a consequence
of decriminalization, the relationship between law
enforcement authorities and sex workers improved,
making workers feel safer and more inclined to
contact the police to report violence and allowing
police to focus on violence prevention over arrests.61

Q2. When you decriminalize
sex work, how does it impact
health?
This section presents a summary of the evidence
on the impacts of decriminalization on health.
The empirical research points to a negative
relationship between criminalization of sex
work and physical and mental health, and finds
that decriminalization, combined with more
targeted interventions, can lead to greater
access to health care and improved health.
HIV/STI Prevention and Transmission
Research on criminalized and partially-criminalized
contexts, including the criminalization of buyers
solely (i.e. end-demand models), demonstrates that
criminalization can negatively impact HIV/STI
prevention and increase risk of transmission by
limiting sex workers’ screening and negotiation
abilities, such as for condom use.62 Criminalization

8

ACLU Research Brief: Why Decriminalize Sex Work?

and resulting restrictions, such as limiting access to
online forums, may shift workers to less safe or less
public areas or increase the risk of the client insisting
on less public areas and/or engaging in unprotected
sex.63 Being displaced to less public areas has
been found to lead to higher rates of unprotected
intercourse, which in turn can lead to higher rates of
STI and HIV transmission.64
Research indicates that certain police practices
related to enforcement of sex work criminalization
may put sex workers (and their clients) at greater
health risk.65 Surveys of more than 1,000 sex
workers in India demonstrated that negative police
contact was associated with decreased condom
use.66 Interviews with sex workers in Sacramento
Valley, California (U.S.) revealed that the threat
and incidence of detention increased if sex workers
had condoms in their possession, taken as intent
to engage in/evidence of engaging in prostitution.67
A study on sex workers in China concurred with
these results, concluding that prior instances of
incarceration resulted in sex workers engaging in
riskier sexual behaviors (e.g. condomless sex) to
accumulate income lost and avoid leaving evidence
that could result in potential future sanctions.68 Some
sex workers in a New York City study reported that
police confiscated or destroyed their condoms, even
outside the context of arrests.69 A number of these
workers stated they carry fewer condoms due to their
fear of arrest, but several indicated that this did not
deter them from their commitment to practicing safer
sex.70
In terms of the potential impact of loosening or
removing sex work prohibitions, research indicates
that impacts on HIV/STI-related physical health
vary between different models of decriminalization/
legalization. Based on a systemic review of 87 studies
from several continents, researchers developed
an HIV transmission model and concluded that
decriminalizing sex work could have the greatest
impact on curbing the HIV epidemic. Specifically
through decreases in sexual violence, police
harassment, and unsafe work environments, the
study concluded that decriminalization could
result in the prevention of over one-third

(33–46%) of projected HIV transmissions
among female sex workers between 2014-2024.71

Mental/Psychological Health

The research literature regarding the potential
impacts of decriminalization or criminalization on
Sex workers in Northern Ireland reported an
increase in requests for unsafe sex practices following mental health is rather sparse. However, the limited
research does point to some negative consequences of
a change from legalized prostitution to an endcriminalization on the emotional and mental health
demand model that criminalized buyers.72 Even in
of sex workers.79 These include general stigma and
legalized contexts, impacts of regulations can vary.
social exclusion, lack of support, and feelings
For example, forced licensing of brothel systems
of lack of agency or safety,80 all of which may lead
is associated with reduced access to HIV-related
to poorer mental health. One survey of street-based
peer education and support/health services for sex
sex workers in Baltimore, Maryland found that the
workers if they are not licensed, based on a study with
73
violence
sex workers experienced resulted in PTSD
605 brothel-based workers in Australia. However,
levels that are consistent with those of treatmentthat same study also found that there are higher
seeking veterans.81 An additional study’s findings
occupational health and safety standards, with
describe the ways sex workers are treated as a
free condoms available, when brothels are licensed.
“human rights violation.”82 Not only do sex workers
Similarly, two other studies indicate that when
brothels implement specific measures related to HIV/ experience abuse and exploitation by their clients
and law enforcement (as previously discussed),
STI prevention, not surprisingly there is a positive
but criminalization of sex work may allow health
impact on STIs. Research on mandatory STI testing
care providers to justify discrimination and refuse
for legalized brothels in Nevada74 and mandatory
to provide psychological care to members of the
registration of sex workers with health centers in
75
community who are among the most vulnerable.
Senegal found these measures appeared to have a
positive impact on sex workers’ health, in terms of
Furthermore, regulating sex work — even without
preventing and treating STIs. However, researchers
criminal penalties — can have negative consequences
also found negative outcomes of the mandatory
on
sex workers’ well-being. Findings from a study in
registration in Senegal, such as greater engagement
in riskier sex acts, less social support, and increased
levels of violence from clients and police, leading to
overall lower well-being.76
Another study noted that following a period of
decriminalization in Rhode Island, incidences of
gonorrhea decreased by over 40 percent, particularly
among female sex workers.77 One study in South
Korea reported a decrease in STI prevalence rates,
although no change in condom use, among female
sex workers after sex work was heavily regulated
(basically amounting to partial criminalization)
through the country’s national Prohibition of Sex
Trafficking Act, which relegated prostitution only to
specific “prostitution blocks.”78 However, the same
study concluded the act had a negative impact on
working conditions and other health variables, such
as smoking.

Decriminalization
could result in the
prevention of over
one-third (33–46%)
of projected HIV
transmissions
among female sex
workers between
2014–2024.
Shannon et al., 2015

9

ACLU Research Brief: Why Decriminalize Sex Work?

Senegal, the only African country to have legalized
sex work, indicate that mandating registration and
health screenings of sex workers may lead to lower
emotional well-being and satisfaction generally
among sex workers, in part due to stigma associated
with registering as a sex worker.83
Access to Health Care
International research suggests that
criminalization, including criminalization
of the buyer only, reduces access to needed
health services, as a result of stigma and
discrimination, and reduces the ability to access
valuable peer education about HIV/STI prevention
and condom distribution, thereby increasing sexual
health risks.84 Consequently, research shows a
positive relationship between decriminalization or
legalization and greater access to health services,
such as STI testing, screenings, emergency
services, and affordable health care, resulting in
increased rates of health care utilization by sex
workers.85 However, barriers may still exist, even in
decriminalized or legalized contexts. Sex workers in
Canada were more likely to suffer from unmet health
needs, as compared to those in similar demographic
groups.86 For example, when mandatory HIV/STI
testing is required under legalization, it may actually
hinder access to care, as a systematic review of over
800 studies indicated that forced HIV testing can lead
to greater stigma, discrimination, and even lower
inclination to seek out help/services.87 Even under
legalization, the Senegal study noted that barriers
to registration at health centers exist, and the most
isolated sex workers may not be able to access health
services.
In addition to HIV/STI testing and other physical
health services, studies of sex workers in Senegal88
and in Sacramento County, California (U.S.)89
indicate a need for improved access to psychological
services for sex workers. Further research is needed
on whether decriminalization can expand access to
health care, particularly beyond HIV/STI testing and
treatment, including reproductive health care and
counseling/mental health resources.

10

ACLU Research Brief: Why Decriminalize Sex Work?

Q3. When you decriminalize
sex work, how does it impact
financial stability?
This section presents a summary of evidence on
the impacts of decriminalization on the financial
stability of sex workers. The research points to a
negative relationship between criminalization
of sex work and financial security, and suggests
decriminalization can lead to more stable and
higher income if and when sex work is seen under
the law as a means of legitimate employment.
Source of Income and Economic Benefits
The research suggests that prohibitive laws and
regulations on the purchase/sale of sex lead to
lower and less stable income for sex workers,
and thus a higher financial burden and potentially
the inability to support themselves and their
dependents.90
For many, sex work is not merely a source of income,
it is the source of their survival.91 Thus, those most
punished by criminalization are those who are
already pushed toward the margins of society, those
with the least resources, and those most vulnerable to
abuse. As sex workers so often rely on prostitution for
their livelihood, in end-demand or fully criminalized
contexts, criminalization has a disproportionately
negative impact on the economic stability of the sex
workers over their clients, who most likely are more
financially stable and thus less vulnerable to cycles of
incarceration and poverty.92 Risk of arrest, detention,
and police and client violence are amplified for sex
workers living in poverty, who may be more likely
to work on the streets as opposed to online,93 and
thus financial stability would not only increase their
income, but their freedom and safety as well.
With fewer opportunities for client screening,
whether due to criminalization of the acts themselves
or to criminalization leading to laws that push sex
workers off online screening platforms (e.g. SESTA/
FOSTA legislation), sex workers often have less
bargaining power. Many may leave the indoor sex
work market, pursue riskier environments, and even

risk unprotected sex for higher but less stable pay and
less safe working conditions, particularly if and when
they rely on sex work as their main source of income.94
For example, according to one participant in the
survey conducted by the sex worker and advocates
collective Hacking/Hustling, “My income decreased
by 58 percent in the year following FOSTA/SESTA.
I used to make enough to be comfortable; now I’m
always barely scraping by.”95
In cases of end-demand decriminalization where
buyers are criminalized even if sellers are not, sex
workers are less able to be selective about rates and
clients than they would be in fully decriminalized
markets. Furthermore, when online venues are
limited due to criminalization (e.g. through SESTA/
FOSTA) or enforcement ramps up, it may result in
fewer clients seeking consensual, paid sex out of fear
of penalization. This may have the effect of leaving
sex workers feeling obligated to offer discounted
rates in order to maintain an income, having less
bargaining power, in addition to having to settle for
less safe clients, according to reports by sex workers
in U.S. studies.96
Substituting criminal penalties with government
regulations appears to have limited impact. One
Netherlands study found that heavy regulation,
through licensing that sets caps on the number of
workers who can work in a tippelzone, may mean loss
of a source of livelihood for some and force others into
the illegal sector.97 Full decriminalization might allow

Full decriminalization
might allow all sex
workers access
to more stable,
legal income and
autonomy.
11

ACLU Research Brief: Why Decriminalize Sex Work?

all sex workers access to more stable, legal income,
and autonomy.98

Q4. Which populations
are most impacted by the
criminalization of sex work?
Research indicates that specific populations of sex
workers are most at risk for the harmful impacts
of criminalization. These tend to be communities
that are already the most marginalized in our
society, including LGBTQ people, people of color,
and immigrants, particularly undocumented
immigrants, and those living at the intersections
of these identifies. Based on the empirical research
reviewed for this Brief, these specific populations
are disproportionately harmed when sex work is
criminalized:99
• LGBTQ people, particularly transgender
women
• People of color
• Immigrants
LGBTQ People
Lesbian, gay, bisexual, transgender, and queer
(LGBTQ) people make up a large portion of sex
workers. This subset of workers face disparate
impacts in criminalized settings. In the U.S.,
transgender people, particularly transgender
women of color, are disproportionately harmed
by the criminalization of sex work.
Involvement in sex work. One systematic review of
data from six countries found restricted economic
opportunities and lower access to the formal labor
market for transgender sex workers due to stigma,
discrimination, and lack of legal documentation
with their gender.100 In another study of sex workers
in New Zealand, transgender respondents reported
difficulty finding other sources of employment due
to discrimination based on their gender identity,
and reported sex work as one of the few options for a

livelihood, and often their primary if not sole source
of income.101
In studies in New York City102 and Chicago103 of youth
and young adults who engaged in survival sex —
prostitution as a means of obtaining food, shelter, or
money to survive — many LGBTQ youth, particularly
transgender youth, reported resorting to survival sex
after being kicked out of their homes for their sexual
orientation or gender identity and/or leaving other
unsafe environments.
Safety. Research suggests that non-heterosexual
orientation is independently, positively associated
with rushing negotiations with clients among female
sex workers in Vancouver, Canada.104 Transgender
sex workers also have to use means of physical
protection for self-defense at higher rates than
cisgender sex workers, according to a New York City
study.105
Health. Transgender women sex workers often face
extra barriers in accessing healthcare, particularly
gender-related, due to discrimination and stigma
based both on their gender and occupation.106 They
often face extra barriers specifically in terms of
HIV testing and may be less inclined to access
testing due to discrimination, stigma, and prior
negative experiences.107 One study of sex workers
in Baltimore, Maryland found that transgender
women in the study were eight times more likely
to have HIV than cisgender women in the study.108
The criminalization of sex work, coupled with
stigmatization and discrimination based on
sexual orientation and gender identity, make
LGBTQ sex workers even more likely to face
detention and unequal access to healthcare.
These experiences are further amplified among
LGBTQ sex workers of color.109 Regarding mental
health disparities, research indicates higher rates
of depression, mental health issues, and substance
abuse among transgender sex workers.110
Police Interactions. Research suggests that LGBTQ
people, particularly transgender women, are profiled
by police for engaging in prostitution even when they
are not.111 In the largest U.S. survey of transgender
people, approximately three in 10 Black transgender

12

ACLU Research Brief: Why Decriminalize Sex Work?

women and multiracial transgender women
reported that a police officer had assumed they were
sex workers.112 Furthermore, all the transgender
respondents of one survey of 305 LGBTQ people in
the Jackson Heights neighborhood of New York City
reported being profiled as sex workers, stopped and
searched, often verbally or physically abused, and
even arrested on account of possessing condoms as
evidence of prostitution, though none were working
as sex workers at the time.113
Sex Workers of Color
In the U.S., people of color are disproportionately
represented among police arrests, profiling, and
incarceration,114 and offenses related to sex work
are no exception. One study based on Los Angeles
Police Department and city attorney data found that
Black and Asian individuals were disproportionately
arrested for prostitution-related offenses, and Black
people made up the majority of charges for assisting
sex workers in prostitution.115 A study using data
from three cities in North Carolina showed that
law enforcement tend to police street-based sex
work — more predominantly involving non-white sex
workers — more vigilantly than indoor sex work.116
According to the same study, Black females were
arrested at higher rates for prostitution-related
offenses than white females. And in a study of New
York City youth and young adults engaging in survival
sex, multiracial, Latinx, and Black young adults
reported the highest experiences of trouble with
police and their clients.117
Immigrant Sex Workers
A body of research demonstrates that criminalization
of sex work disproportionately negatively impacts
immigrant sex workers. According to one study,
immigrant sex workers under Canada’s end-demand
law are more vulnerable to police harassment than
non-immigrant sex workers, and are less likely
to report violence to authorities when they are
victimized due to already being criminalized, and
mistrust of police.118 A review of research from the
1990s concluded that the illegality of sex work puts
immigrant workers at particular risk of harm.119 As

Limited existing
research indicates
that sex workers
with disabilities
may be particularly
negatively impacted
by criminalization.
previously discussed, criminalization may negatively
affect the mental health of sex workers, leading
to stigma and social exclusion, which are often
heightened among immigrant sex workers.120
Full criminalization and end-demand
decriminalization expose undocumented
immigrant sex workers to heightened scrutiny
and risk of detention and/or deportation.121
Immigrant sex workers are often most vulnerable
to displacement when clients are criminalized.122
Under the Netherlands’ end-demand model, working
permits are required for non-EU citizens, and in the
U.K. and the Netherlands, licensed brothels cannot
hire undocumented workers per city laws. Excluded
from this legal labor market, undocumented
immigrants are often forced to work in illegal and
unprotected sectors in the Netherlands, where they
may face abuse.123 In Northern Ireland, although
sex workers overall were unlikely to say they would
report being a victim of crime to authorities, migrant
sex workers were even less likely to do so.124 However,
respondents in one study of 545 transgender and
cisgender female sex workers in Canada (recent
immigrants, longer-term immigrants, and Canadianborn) indicated that indoor formal establishments
may provide immigrant sex workers with some
critical safety mechanisms. The study also found
that duration of residency in the country, English
proficiency, and existing social networks were

13

ACLU Research Brief: Why Decriminalize Sex Work?

correlated with sex workers’ decision-making
authority.
Overall, sex workers from these and other
marginalized populations, such as those with drug/
substance use issues,125 those who were formerly
incarcerated,126 and those living in poverty,127
experience higher levels of violence and are more
likely to work in the unregulated street-based market,
which in turn makes them even more vulnerable to
violence than if they were to work indoors. They are
also less likely to report their victimization to the
authorities or seek out support due to existing levels
of stigmatization and criminalization.128 In addition,
limited existing research indicates that sex workers
with disabilities may be particularly negatively
impacted by criminalization and related measures,
such as laws like SETSA/FOSTA that limit access to
online platforms.129

Q5. What is the relationship
between sex work
decriminalization and efforts
to combat human trafficking?
Sex Work Decriminalization Laws’ Impact On
Human Trafficking
There is a lack of consensus in the literature
about the relationship between legalization
or decriminalization of sex work and human
trafficking, although it is important to note that
laws against human trafficking still apply under sex
work decriminalization or legalization. Research
in Norway and Sweden links harsher legislation
that regulates and/or criminalizes sex work with
reducing trafficking.130 Yet, on the contrary, both
Swedish government data and a study based on
statistical modeling suggest that the end-demand
model of decriminalization results in a decrease in
trafficking rates.131 Furthermore, research in the EU
more broadly suggests that decriminalization does
not necessarily increase trafficking.132 In addition,
according to a government study of Northern Ireland’s
implementation of the end-demand model, there is

no clear or conclusive evidence on the impact of the
legislation on trafficking levels one way or the other.
Specifically, in the years following implementation
of this end-demand law, there were no additional
prosecutions related to trafficking.133
The Dutch model — or legalized prostitution only
within the bounds of certain areas — appears
ineffective against curbing trafficking per research
referenced previously. This model may force
voluntary sex workers underground to an illegal,
unregulated market, where they lose agency and their
vulnerability to exploitation is increased.134 One key
study suggests that legalizing sex work (specifically,
prostitution) is associated with increased
trafficking rates; however, the authors of this study
caution against using these findings to oppose
decriminalization or legalization given their model
does not account for other potential positive impacts,
such as improved worker safety.135 Furthermore,
the study authors note the possibility of an eventual
substitution effect: Once consensual prostitution is
legal, we might see a shift in demand from trafficked
persons to legal sex workers.
Claims linking trafficking and forms of sex work
decriminalization have also been questioned as
researchers have noted limitations to any such
research, such as the lack of a consistent definition
of prostitution, lack of a distinction between legal
sex work and trafficking, and lack of accurate,
comprehensive, and up-to-date data, particularly on
trafficking victims.136 Furthermore, the European
Parliament notes several confounding variables
that could account for any correlation between
criminalization and trafficking, such as differing
levels of economic and social welfare, unemployment
rates, and gender inequality between the host and
destination countries.137
Anti-trafficking Efforts’ Impacts On Sex
Workers
Often, anti-trafficking legislation, such that as
in the U.S., South Korea, China, Norway, and
Argentina, does not distinguish between trafficking
and consensual adult sexual activity in exchange
for money,138 and some research points to adverse

14

ACLU Research Brief: Why Decriminalize Sex Work?

In one study,
99 percent of sex
workers reported
that SESTA/FOSTA
did not make them
feel safer.
Blunt & Wolfe, 2020

consequences of anti-trafficking laws on voluntary
adult sex workers. Research in South Korea suggests
that the Prohibition of Sex Trafficking Act led
to a decrease in STI prevalence rates among sex
workers, though it also had negative consequences
on the safety of the sex workers.139 Additionally,
governments and organizations often precondition
funding or aid on pledging against prostitution — not
distinguishing it from trafficking — which propagates
stigma and reduces the effectiveness of HIV
prevention programs.140
In the U.S. context, studies of the role and regulation
of online platforms provide evidence of potential
unintended harms of efforts limiting online
solicitation to prevent trafficking. A study of data
from 185 U.S. cities found that the use of the Erotic
Services section (ERS) of Craigslist correlated to
lower rates of female homicides, attributed to more
efficient transactions and higher screening. Limiting
access to these online forums displaces workers to
less safe or less public areas, increasing the risk of
violence, reducing negotiating power, and increasing
clients’ insistence on unprotected sex.141 For example,
in one survey of 262 sex workers that examined the
short-term impacts of SESTA/FOSTA, sex workers
reported having to place themselves into risky
situations with clients to make ends meet, enduring
physical and/or verbal threats, risking physical
exploitation, and bypassing client screenings.142
In a more recent survey of 98 online-based and

street-based sex workers, 99 percent of sex workers
reported that SESTA/FOSTA did not make them feel
safer, and in fact, many expressed direct negative
impacts of the law, including: loss of income leading
some to homelessness and poverty, decreased
access to screening tools and community support,
and displacement from online to street-based
solicitation.143

Conclusions
The empirical evidence across a variety of
criminalized, partially criminalized, decriminalized,
and legalized settings examined in this Brief
demonstrate increased harms to adult sex workers
as a result of enforcing prohibitions or regulations
on consensual sex work. Furthermore, the
preponderance of the evidence indicates that full
decriminalization would result in improved
conditions for those who engage in sex work,
particularly those most marginalized, and
would help to reduce the crisis of police violence
and mass incarceration in the U.S.144

Summary of findings and
implications
In sum, the research points to negative impacts
of criminalization on the physical safety,
health, and financial well-being of sex workers,
with repercussions for clients seeking consensual
sex between adults. These findings are only
amplified when specifically examining the impact
of the criminalization of sex work on marginalized
communities, including LGBTQ people, people of
color, and immigrants. People without adequate
financial resources, such as those living in poverty,
are also more harmed by the criminalization of sex
work.
Overall, the evidence suggests that going from less
to more prohibitive laws on adult consensual sex
work is damaging to sex workers and appears to have
little impact on curbing trafficking or other crimes.
Conversely, as laws move down the continuum from

15

ACLU Research Brief: Why Decriminalize Sex Work?

more to less prohibitive or restrictive on consensual
sex work, workers experience less harm, and there
is no strong evidence to indicate negative impacts on
crime, health, or safety.
The existing body of research indicates that full
decriminalization of adult consensual sex work best
supports the safety, health, and financial well-being
of sex workers and can help curb the overuse of the
prison and jail systems that disproportionately
punish sex workers from the most marginalized
populations, such as transgender women of color.
The empirical evidence reviewed indicates that
while “partial” decriminalization, such as the enddemand approach or Nordic model, may provide
some improvement to certain aspects of sex workers’
experiences, in comparison to full criminalization,
the continued criminalization of buyers under these
policies puts sex workers at risk — both in terms of
safety and financial security — and exacerbates the
problem of mass incarceration in the U.S.

As laws move down
the continuum
from more to
less prohibitive
or restrictive on
consensual sex
work, workers
experience less
harm, and there is
no strong evidence
to indicate negative
impacts on crime,
health, or safety.

Although more research is needed on the potential
impacts of legalization versus decriminalization, it
appears that legalization may perpetuate disparities
existing under criminalization for those already
most marginalized, such as LGBTQ people, people
of color, immigrants, and those in poverty. Through
regulatory policies, such as zoning and licensing,
legalization might restrict market access and keep
some populations of sex workers from benefiting,
and instead push them further into the margins.
Furthermore, the enforcement of regulations
provide reasons for continued surveillance and
disparate sanctions on LGBTQ people, people of color,
immigrants, and those living in poverty. However, it
is worth noting that none of the legalization policies
studied appear to have been grounded in equity, i.e.
with a focus on repairing the harms caused by prior
criminalization and ensuring those most impacted by
criminalization are provided access to and reap the
benefits of the legalized market.
Based on the limited available empirical research, the
impact of decriminalization of sex work on trafficking
rates is somewhat unclear. However, there is a
growing body of evidence that certain legal actions
designed to reduce trafficking, such as SETSTA/
FOSTA laws, have unintended negative impacts
on sex workers. Furthermore, although outside
the scope of this review, there is little evidence
that criminal anti-trafficking laws are effective in
combating trafficking itself.145

Overall gaps and limitations in
the research literature
This Brief provides a robust overview of the key
findings in the extant literature regarding the
impact of various levels of criminalization and
decriminalization of sex work. Nevertheless, this
Brief is not an exhaustive accounting of every
possibly related study, nor was it designed to be.
For example, in a few instances, the systematic
reviews of empirical literature were sufficient and
we relied on those instead of reviewing each relevant
study (although we only cite the specific sources we

16

ACLU Research Brief: Why Decriminalize Sex Work?

accessed and reviewed). Furthermore, despite our
best efforts to obtain and review all relevant empirical
evidence using multiple methods, it is likely that
there is some relevant research that we were not able
to identify or access. For example, we were limited to
studies available in English, and those published by
the time we conducted our review.
It is important to note that there were some gaps
in the literature findings. There is a large body of
research that points out the disproportionately
adverse effects of criminalization and policing
of sex work on LGBTQ sex workers, particularly
transgender women of color. However, there is a
notable lack of empirical evidence around the specific
impacts of decriminalization, in particular, on these
communities, as by and large, studies of the effects
of decriminalization policies have not disaggregated
findings for specific populations. Furthermore,
much of the information on experiences of U.S. sex
workers and police contact comes from urban areas,
such as Baltimore and New York City. More data is
warranted on the policing of sex work in other types
of locales, such as rural areas. There is also an overall
lack of empirical data — both in terms of the impact
of decriminalization and of criminalization — on
Indigenous sex workers (particularly in the U.S.)146
and sex workers with disabilities.147
Many legal reforms related to sex work are relatively
new, and thus there is a need to continue research
to examine the effectiveness of specific reforms in
the long term, after decriminalizing or legalizing
sex work. In addition, currently, the majority of
research, particularly around the potential impacts
of decriminalization or legalization, is specific
to contexts outside the U.S. While this is to be
expected given these policies have yet to be widely,
if at all, implemented in the U.S., there is still a
need for more widespread research within the U.S.
Nonetheless, the limited research from the U.S.
largely corroborates research from international
contexts, and international research offers important
insights into what decriminalization could look like
in the U.S. Much of the limited U.S. data currently
available are specific to a select few states within the
country. Furthermore, despite a lack of legislative

decriminalization in the U.S., there are a growing
array of practices designed to reduce criminalization
that are occurring in pockets across the country, and
thus are ripe for study. For example, prosecutors
declining to prosecute prostitution charges148 and
changes in policing practices.149
Some research on the shorter-term impacts of
the 2018 SESTA/FOSTA law has been conducted,
predominantly by sex worker advocacy groups,150
but there remains a need for further research on the
longer-term impacts. Given the overrepresentation
of white sex workers in the online-based venues,
it is not surprising that for the most part, the
limited research that has been conducted on the
impact of SESTA/FOSTA has involved samples of
predominantly, though not exclusively, white female
sex workers.151 Thus, future research is also needed
to better understand and document the impact of
SESTA/FOSTA on sex workers of color, male sex
workers, and nonbinary sex workers. The SAFE
SEX Workers Study Act, which was introduced by
lawmakers in 2019, requests research into the health
and safety impacts of the bill on sex workers.152 If
passed, that bill could help support and broaden the
research efforts pioneered by sex worker led-advocacy
organizations, such as COYOTE-RI and Hacking/
Hustling,153 and provide critical information on the
effects, both intended and unintended, of these types
of policies.
Although we identified and discussed some
research indicating potential economic benefits
of decriminalization for sex workers themselves,
there was a relative dearth of research on the
broader economic impacts of decriminalization
and how decriminalization affects the market or
economic stability of communities, which could
be useful in informing policy recommendations.
In addition, research on how the criminalization
and decriminalization of sex work interact with
other structural systems, such as housing, health
care, and immigration, is needed for policymakers
to inform appropriate interventions and policy
implementations, alongside legal reform.154

17

ACLU Research Brief: Why Decriminalize Sex Work?

Despite the need for continued study, the existing
research on how criminalization efforts impact sex
workers in the U.S., paired with the data indicating
overall positive impacts of decriminalization in
other countries, clearly indicate the value of full
decriminalization of sex work in the U.S.

Recommendations
The ACLU’s commitment to sex work decriminalization
is rooted not only in empirical evidence but also in our
mission and commitment to advocating for equal civil
liberties and rights for all people. Advocating for sex
work decriminalization means advocating for personal
autonomy, LGBTQ+ and women’s rights, decarceration,
immigrants’ rights, racial justice, and equal access to
the right to life and security. To that end, the ACLU
recommends the following:

Decriminalize all consensual sex work,
including prostitution, among adults. Fully
decriminalize by eliminating all criminal penalties
for sellers and buyers. Also remove all criminal
penalties for youth who participate in sex work, but
not for adults who exploit youth. Decriminalization
should include a retroactive component, permitting
expungement of criminal records.
Eliminate unwanted police presence within the
sex work community. Limiting police presence
will curb police contact, reducing the likelihood
of police violence toward sex workers. Meaningful
accountability measures and transparency with
the public regarding reports of police misconduct
must also be put in place to deter police violence
and exploitation toward sex workers. Government

Fully decriminalize
by eliminating all
criminal penalties
for sellers and
buyers.
18

ACLU Research Brief: Why Decriminalize Sex Work?

bodies should also consider contracting with qualified,
sex-worker-led, community-based organizations to
train police forces around sensitivity and appropriate
use of power, so that when they do engage with the
community, sex workers are not targeted based on
their identities.
Support sex workers and listen to the
recommendations of community organizers
who lead sex work decriminalization groups
and grassroots organizations. Follow the lead of
those most impacted and support their efforts for
strategic decriminalization campaigns that lead to
full decriminalization. Furthermore, consider ways
to address the specific harms that have resulted
from criminalization, as identified by sex worker
communities themselves. In addition to advocating for
more just laws, these efforts can decrease the stigma
associated with sex work, and support vocational
autonomy, so that just like workers in any other field,
sex workers can choose sex work as a life-long career or
can enter and exit the industry as they see fit.
Decline to prosecute charges related to
consensual sex work. When district attorneys and
other prosecutors decline to prosecute the buying
and selling of sex, they can minimize the financial,
physical, and health risks sex workers are exposed to
on a daily basis due to their occupation. Particularly
in jurisdictions where sex work is still legally
criminalized, declining to prosecute prostitution is
one way to work toward decriminalizing sex work,
although it does not fully encompass all the ways
in which sex workers and clients are harmed in the
criminal justice context. Prosecutors should decline
cases related to patronizing prostitution, brothelkeeping, promoting or permitting prostitution,
pandering or loitering for the purpose of prostitution,
and soliciting.
Remove barriers to reporting violent crime.
Legislatures should pass laws prohibiting arresting
someone for a minor crime, such as prostitution or

drug possession, when reporting a violent crime,
such as assault or rape.
Reduce police funding and invest in
resources that support the community. Invest
in policies that support the safety, health, and
economic stability of communities and individuals
disproportionately impacted by the criminalization
of sex work, specifically Black, Indigenous, and
People of Color (BIPOC), immigrant, and LGBTQ+
workers. These policies and resources should reflect
the input of sex workers themselves and be driven by
their needs and recommendations. By reallocating
financial resources, staff working with the sex
work community can receive training to combat
biases, and center rights-based approaches, traumainformed care, and equitable treatment, regardless
of work history, sexual orientation, gender identity,
nationality, immigration status, disability, or race.

Make certain
that sex workers,
like all survivors
of violence,
have access to
nonjudgmental
healthcare,
including mental
health care and
supportive services.
Ensure consequences and accountability

Remove adverse immigration consequences,
including deportation, for immigrants
participating in sex work. It is critical that
immigrants — documented or undocumented — are
not penalized for engaging in sex work, under any
legal regime.
End mandatory or coercive HIV/STI testing
requirements as a part of sentencing or
diversion for sex work offenses and remove
criminal penalties for all people living with
HIV. Several states in the U.S. have laws that
specifically increase penalties for HIV-positive
persons convicted of prostitution or solicitation
offenses.155 Laws targeting those living with HIV, in
turn, disproportionately impact sex workers of color,
LGBTQ+ sex workers, and immigrant sex workers.
Several states also criminalize HIV non-disclosure,
but these laws do little to differentiate between
reasons for non-disclosure.156 These law only further
stigmatize sex workers and all those living with HIV,
often resulting in discrimination from healthcare
providers and improper care and treatment.

19

ACLU Research Brief: Why Decriminalize Sex Work?

for those who physically and sexually abuse
sex workers, including police, and ensure
support for sex workers who survive abuse.

Hold perpetrators of violence against sex workers,
including police officers, accountable for their harm.
Make certain that sex workers, like all survivors of
violence, have access to nonjudgmental healthcare,
including mental health care and supportive services.
Remove barriers to HIV prevention and other
health care. Although full decriminalization

would be much more effective in preventing HIV
transmission, in the interim a more modest step
legislatures should take is passing laws barring the
use of condom possession as evidence of a crime.
Resources should be allocated to ensure sex workers
have free access to quality, consensual, respectful
healthcare services not linked to the criminal legal
system, including mental healthcare, testing and
treatment for illness and injury, reproductive
healthcare, and PrEP (HIV prophylaxis).

Prohibit community and service providers
from refusing to serve sex workers. Service
workers, including healthcare providers, must not
discriminate against sex workers due to their source
of livelihood, or for any other reason, including
gender identity.
Eliminate barriers to accessing safe, affordable
housing, public benefits, and employment
opportunities, including restrictions based on past
criminal records and other discriminatory policies
and practices, such as those excluding transgender
people. When current and former sex workers are
denied such access, they may face little choice but to
resort to options that put their health and safety at
greater risk.
Repeal laws and policies that prevent online
screenings of clients. Specifically, repeal
SESTA/FOSTA and related laws or policies. These
inadvertently remove a critical safety mechanism to
reduce engagement with risky clients and potential
exploitation. Repealing these laws and policies will
also remove a barrier that currently prevents victims
of trafficking from being identified and recovered via
these online platforms.

Prioritize and value
research led and
conducted by
current and former
sex workers.
Ensure research is accountable to the
communities most impacted. Specifically
prioritize and value research led and conducted
by current and former sex workers,157 especially
transgender sex workers and sex workers of color.
Encourage authentic collaborations between
researchers and sex workers and their advocates,158
led by the needs and concerns of sex workers
themselves. Ensure ethical practices that neither
exploit nor further stigmatize sex workers in the
course of the research.159 Fund grassroots and
advocacy organizations to conduct, advise, and
participate in research. Make research usable and
accessible not only to academics and government
policymakers, but to advocates, community members,
and organizers.

Acknowledgements
This Research Brief was researched and written by
Sarah Sakha, Emily Greytak, and Mya Haynes of the
ACLU’s Research team. We greatly appreciate the input
of our ACLU colleagues who guided the planning and
development of this Brief: Gabriel Arkles, Anna Dardick,
Leila Rafei, Tyler Richard, Chase Strangio, Ian Thomspon,
and LaLa Zannell. We also wish to thank the additional
reviewers who provided expert feedback and edits: Taylor
Brown, Arli Christian, Ezekiel Edwards, ReNika Moore, Carl
Takei, and Michael Tan. We are also indebted to Research
team colleagues Kana Tateishi and Cyrus O’Brien for
their assistance with references and fact checking. We
are grateful to our colleagues Rebecca McCray and Aaron

20

ACLU Research Brief: Why Decriminalize Sex Work?

Madrid Aksoz for their expert copyediting. We also extend
our thanks to Patrick Moroney for graphic design.
We deeply appreciate our affiliate colleagues who provided
feedback on this project and reviewed early drafts:
Savannah Sly, ACLU-Washington; Arneta Rogers, ACLUNorthern California; and Amanda Goad, Minouche Kandel,
and Dakota Witt (formerly) ACLU-Southern California.
Last, but by no means least, we are grateful to SWOP-USA
for their guidance in the initial development of this Brief
and to all the sex work organizers and advocates for their
broader leadership in this critical work.
© 2020 ACLU

Endnotes
1

2

3
4

ACLU. Board Policy #211. New York, New York: ACLU, 1977.
LoCicero, Jeanne, and Udi Ofer. “ACLU: It’s time to decriminalize
prostitution | Opinion.” NJ.com, 6 July 2016. https://www.nj.com/
opinion/2016/07/its_time_to_legalize_prostitution_opinion.html.
U.S. Congress. House. Recognizing that the United States has a moral
obligation to meet its foundational promise of guaranteed justice for
all. H Res. 702. 116th Cong., 1st sess. Introduced in House November
14, 2019. https://www.congress.gov/116/bills/hres702/BILLS116hres702ih.pdf.
Nev. Rev. Stat. Ann. § 201.354.
See COYOTE et al. v. Dennis J. Roberts, II et al., 502 F. Supp. 1342
(D.R.I. 1980). In November 2009, the buying and selling of sex
Rhode Island- both indoors and outdoors - was re-criminalized via
An Act Relating to Criminal Offenses - Prostitution and Lewdness,
H-5044 Substitute B, January 2009 Session, Rhode Island General
Assembly (2009). See also: Scott Cunningham and Manisha Shah,
“Decriminalizing Indoor Prostitution: Implications for Sexual
Violence and Public Health,” The Review of Economic Studies 85:3
(July 2018), 1683–1715.

5

Allow States and Victims to Fight Online Sex Trafficking Act of 2017.
Public Law 115-164. 115th Cong. Enacted April 11, 2018. https://
www.congress.gov/115/plaws/publ164/PLAW-115publ164.pdf.

6

Lynch, Sarah N., and Lisa Lambert. “Sex Ads Website Backpage
Shut down by U.S. Authorities.” Reuters, 6 April 2018. https://
www.reuters.com/article/us-usa-backpage-justice/sex-ads-websitebackpage-shut-down-by-u-s-authorities-idUSKCN1HD2QP.

7

Cole, Samantha. “Trump Just Signed SESTA/FOSTA, a Law
Sex Workers Say Will Literally Kill Them.” Vice Media Group,
18 April 2018. https://www.vice.com/en_us/article/qvxeyq/
trump-signed-fosta-sesta-into-law-sex-work.

8

9

U.S. Congress. House. SAFE SEX Workers Study Act. HR 5448. 116th
Cong., 1st sess. Introduced in House December 17, 2019. https://
www.congress.gov/116/bills/hr5448/BILLS-116hr5448ih.pdf.
For a more detailed assessment of current U.S. law, policy, and
law enforcement practices as related to the criminalization of sex
work, see Luo, Nina. Decriminalizing Survival: Policy Platform and
Polling on the Decriminalization of Sex Work. Data for Progress, 2020.
https://filesforprogress.org/memos/decriminalizing-sex-work.pdf

10 Global Network of Sex Work Projects. The Impact of ‘End Demand’
Legislation on Women Sex Workers. Edinburgh, Scotland: Global
Network of Sex Work Projects, 2018. https://www.nswp.org/sites/
nswp.org/files/pb_impact_of_end_demand_on_women_sws_
nswp_-_2018.pdf.
11 Amnesty International. Amnesty International Policy on State
Obligations to Respect, Protect and Fulfil the Human Rights of Sex
Workers.” POL 30/4062/2016. May 2016. https://www.amnesty.org/
download/Documents/POL3040622016ENGLISH.PDF.
12 Wheeler, Skye. “Sex Workers Struggle to Survive Covid-19
Pandemic.” Human Rights Watch, 4 May 2020. https://www.hrw.org/
news/2020/05/04/sex-workers-struggle-survive-covid-19-pandemic

21

ACLU Research Brief: Why Decriminalize Sex Work?

UNAIDS. “Sex workers must not be left behind in the response to
COVID-19.” UNAIDS, 8 April 2020. https://www.unaids.org/en/
resources/presscentre/pressreleaseandstatementarchive/2020/
april/20200408_sex-workers-covid-19.
Open Democracy. “COVID-19 illuminates discriminatory
sex work policies.” Open Democracy, 9 June 2020. https://
www.opendemocracy.net/en/beyond-trafficking-and-slavery/
covid-19-illuminates-discriminatory-sex-work-policies/.
13 Global Network of Sex Work Projects. “Human Rights
Watch Affirms Support for Decriminalisation.” NSWP, 21
January 2014. https://www.nswp.org/timeline/event/
human-rights-watch-affirm-support-decriminalisation.
14 The term “sex work” can apply to a broad range of activities, such
as exotic dancing, stripping, pornography, phone sex, etc., many of
which are not currently criminalized in the United States. But, for the
purposes of his Brief, we use the term “sex work” specifically to refer
to the exchange of sexual acts for something of value, i.e., the buying
and selling of sexual acts, or prostitution.
15 In this Brief, decriminalization refers to the removal of criminal
penalties for the buying and selling of sexual acts, specifically those
categorized as prostitution.
16 In this Brief, legalization refers to the scenario which removes
criminal penalties for certain incidents of buying and selling of sexual
acts, i.e., prostitution, provided the participants comply with relevant
regulations.
17 For an overview of the types of legal models, such as legalization,
decriminalization, and criminalization, see Luo, Nina.
Decriminalizing Survival: Policy Platform and Polling on the
Decriminalization of Sex Work. Data for Progress, 2020. https://
filesforprogress.org/memos/decriminalizing-sex-work.pdf
18 These do not include the systematic reviews or meta-analyses, as
they drew from multiple studies conducted in multiple locations.
Furthermore, the studies are not necessarily country-wide or
state-wide, but may take place in specific localities within those
jurisdictions.
19 Deering, Kathleen N., Avni Amin, Jean Shoveller, Ariel Nesbitt,
Claudia Garcia-Moreno, Putu Duff, Elena Argento, and Kate
Shannon. “A Systematic Review of the Correlates of Violence against
Sex Workers.” American Journal of Public Health 104, no. 5 (2014):
e42-e54.
20 Footer, Katherine H. A., Susan G. Sherman, Ju N. Park, Sean T. Allen,
Michele R. Decker, Bradley E. Silberzahn, Steve Huettner, and Noya
Galai “Police-Related Correlates of Client-Perpetrated Violence
among Female Sex Workers in Baltimore City, Maryland.” American
Journal of Public Health 109, no. 2 (2019): 289-95. https://www.ncbi.
nlm.nih.gov/pmc/articles/PMC6336048/.
21 Landsberg, Adina, Kate Shannon, Andrea Krüsi, Kora DeBeck,
M-J Milloy, Ekaterina Nosova, Thomas Kerr, and Kanna Hayashi.
“Criminalizing Sex Work Clients and Rushed Negotiations among
Sex Workers Who Use Drugs in a Canadian Setting.” Journal of
Urban Health, 94 (2017): 563-71. https://www.ncbi.nlm.nih.gov/
pmc/articles/ PMC5533660/. Note: This study does not include
information to ascertain whether the workers studied were
transgender, cisgender, or both.

22 Anesu, Svinurai, Makhubele Jabulani Calvin, Ananias Janetta Agnes,
Freeman Rachel Johanna, Mafa Prudence, Matlakala Frans Koketso,
Chilwalo Beatrice Namoonga, et al. “‘You Cannot Be Raped When
You Are a Sex Worker:’ Sexual Violence among Substance Abusing
Sex Workers in Musina, Limpopo Province.” e-Bangi 16, no. 4 (2019).
23 Northern Ireland Department of Justice. Assessment of Review
of Operation of Article 64a of the Sexual Offenses Order (Northern
Ireland) 2008: Offence of Purchasing Sexual Services. Northern
Ireland: Department of Justice, 2019. https://www.justice-ni.gov.
uk/sites/default/files/publications/justice/assessment-of-impactcriminalisation-of-purchasing-sexual-services.pdf.

30 Bisschop, Paul, Stephen Kastoryano, and Bas van der Klaauw.
“Street Prostitution Zones and Crime.” American Economic Journal:
Economic Policy 9, no. 4 (2017): 28-63.
31 See COYOTE et al. v. Dennis J. Roberts, II et al., 502 F. Supp. 1342
(D.R.I. 1980).
An Act Relating to Criminal Offenses - Prostitution and Lewdness,
H-5044 Substitute B, January 2009 Session, Rhode Island General
Assembly (2009).
See also: Scott Cunningham and Manisha Shah, “Decriminalizing
Indoor Prostitution: Implications for Sexual Violence and Public
Health,” The Review of Economic Studies 85:3 (July 2018), 1683–1715.

Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law
& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.

32 Brents, Barbara G, and Kathryn Hausbeck. “Violence and Legalized
Brothel Prostitution in Nevada: Examining Safety, Risk, and
Prostitution Policy.” Journal of interpersonal violence 20, no. 3 (2005):
270-95.

24 Danna, Daniela. “Client-Only Criminalization in the City of
Stockholm: A Local Research on the Application of the “Swedish
Model” of Prostitution Policy.” Sexuality Research and Social Policy 9,
no. 1 (2012): 80-93.

Shannon, Kate, Steffanie A Strathdee, Shira M Goldenberg, Putu
Duff, Peninah Mwangi, Maia Rusakova, Sushena Reza-Paul, and et al.
“Global Epidemiology of HIV among Female Sex Workers: Influence of
Structural Determinants.” The Lancet 385, no. 9962 (2015): 55-71.

25 Deering, Kathleen N., Avni Amin, Jean Shoveller, Ariel Nesbitt,
Claudia Garcia-Moreno, Putu Duff, Elen Argento, and Kate Shannon.
“A Systematic Review of the Correlates of Violence against Sex
Workers.” American Journal of Public Health 104, no. 5 (2014):
e42-e54.

Sou, Julie, Kate Shannon, Jean Shoveller, Putu Duff, Melissa
Braschel, Sabina Dobrer, and Shira M. Goldenberg. “Impacts of
Immigration Experience on Work Stress among Sex Workers in
Vancouver, Canada.” Canadian Journal of Public Health 110, no. 3
(2019): 344-353.

26 Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: A Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.

Cunningham, Scott, Gregory DeAngelo, and John Tripp. “Craigslist
Reduced Violence against Women” (working paper, February 2019).
http://scunning. com/craigslist110.pdf.

27 Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law
& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.

DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; a Needs Assessment. Sacramento,
CA: Sex Workers Outreach Project/Safer Alternatives through
Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.

28 Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, and et al “Criminalisation of Clients: Reproducing
Vulnerabilities for Violence and Poor Health among Street-Based Sex
Workers in Canada: A Qualitative Study.” BMJ Open 4, no. 6 (2014):
e005191. https://bmjopen.bmj.com/content/4/6/e005191?ct=ct.
Bjørndahl, Ulla. Dangerous Liaisons: A Report on the Violence Women
in Prostitution in Oslo Are Exposed To. Oslo, Norway: Ministry
of Justice and Public Safety, 2012. https://humboldt1982.files.
wordpress.com/2012/12/dangerous-liaisons.pdf.
29 Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, J S Montaner, T Kerr, and K Shannon. “Criminalisation of
Clients: Reproducing Vulnerabilities for Violence and Poor Health
among Street-Based Sex Workers in Canada: A Qualitative Study.”
BMJ Open 4, no. 6 (2014): e005191. https://bmjopen.bmj.com/
content/4/6/e005191?ct=ct.
Prangnell, Amy, Kate Shannon, Ekaterina Nosova, Kora DeBeck,
MJ Milloy, Thomas Kerr, and Kanna Hayashi “Workplace Violence
among Female Sex Workers Who Use Drugs in Vancouver, Canada:
Does Client Targeted Policing Increase Safety?” Journal of Public
Health Policy 39, no.1 (2018): 86-99.

22

ACLU Research Brief: Why Decriminalize Sex Work?

33 Northern Ireland Department of Justice. Assessment of Review
of Operation of Article 64a of the Sexual Offenses Order (Northern
Ireland) 2008: Offence of Purchasing Sexual Services. Northern
Ireland: Department of Justice, 2019. https://www.justice-ni.gov.
uk/sites/default/files/publications/justice/assessment-of-impactcriminalisation-of-purchasing-sexual-services.pdf.
Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law
& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.
Sanders, Teela, Jane Scoular, Rosie Campbell, Jane Pitcher, and
Stewart Cunningham. Beyond the Gaze: Summary Briefing
on Internet Sex Work. University of Leicester: Department of
Criminology, 2017. https://www.beyond-the-gaze.com/wp-content/
uploads/2018/01/BtGbriefingsummaryoverview.pdf.
34 Deering, Kathleen N., Avni Amin, Jean Shoveller, Ariel Nesbitt,
Claudia Garcia-Moreno, Putu Duff, Elena Argento, and Kate
Shannon. “A Systematic Review of the Correlates of Violence against

Sex Workers.” American Journal of Public Health 104, no. 5 (2014):
e42-e54.
Sanders, Teela, Jane Scoular, Rosie Campbell, Jane Pitcher, and
Stewart Cunningham. Beyond the Gaze: Summary Briefing
on Internet Sex Work. University of Leicester: Department of
Criminology, 2017. https://www.beyond-the-gaze.com/wp-content/
uploads/2018/01/BtGbriefingsummaryoverview.pdf.
35 Cunningham, Scott, Gregory DeAngelo, and John Tripp. “Craigslist
Reduced Violence against Women.” forth, 2019. http://scunning.
com/craigslist110.pdf.
36 Allow States and Victims to Fight Online Sex Trafficking Act of 2017.
Public Law 115-164. 115th Cong. Enacted April 11, 2018. https://
www.congress.gov/115/plaws/publ164/PLAW-115publ164.pdf.
37 Lynch, Sarah N., and Lisa Lambert. “Sex Ads Website Backpage
Shut down by U.S. Authorities.” Reuters, 6 April 2018. https://
www.reuters.com/article/us-usa-backpage-justice/sex-ads-websitebackpage-shut-down-by-u-s-authorities-idUSKCN1HD2QP.
“About: FOSTA.” Craigslist, 2018. https://www.craigslist.org/about/
FOSTA.
38 Feifer, Katie, Jody Raphael, and Kezban Yagci Sokat. “ Do
Prostitution Advertisements Reduce Violence Against Women? A
Methodological Examination of Cunningham, DeAngelo, and Tripp
Findings.” Dignity: A Journal on Sexual Exploitation and Violence
4, no. 3 (August 2019): 1-17. https://digitalcommons.uri.edu/cgi/
viewcontent.cgi?article=1167&context=dignity.
39 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020.
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
See also: Blunt, Danielle, and Ariel Wolf. “Erased: The Impact of
FOSTA-SESTA and the Removal of Backpage on Sex Workers.” AntiTrafficking Review, 14 (2020): 117-121.
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
Eichert, David. “It Ruined My Life: FOSTA, Male Escorts, and the
Construction of Sexual Victimhood in American Politics.” Virginia
Journal of Social Policy & the Law 26 (2019): 201-243.
40 COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
41 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020.
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
See also: Blunt, Danielle, and Ariel Wolf. “Erased: The Impact of
FOSTA-SESTA and the Removal of Backpage on Sex Workers.” AntiTrafficking Review, 14 (2020): 117-121.
42 Anesu, Svinurai, Makhubele Jabulani Calvin, Ananias Janetta Agnes,
Freeman Rachel Johanna, Mafa Prudence, Matlakala Frans Koketso,
Chilwalo Beatrice Namoonga, et al. “‘You Cannot Be Raped When
You Are a Sex Worker’: Sexual Violence among Substance Abusing
Sex Workers in Musina, Limpopo Province.” e-Bangi 16, no. 4 (2019).

23

ACLU Research Brief: Why Decriminalize Sex Work?

Armstrong, Lynzi. “From Law Enforcement to Protection?
Interactions between Sex Workers and Police in a Decriminalized
Street-Based Sex Industry.” British Journal of Criminology
57, no.3 (2016): 570-88. https://academic.oup.com/bjc/
article-abstract/57/3/570/2623927.
Deering, Kathleen N., Avni Amin, Jean Shoveller, Ariel Nesbitt,
Claudia Garcia-Moreno, Putu Duff, Elena Argento, and Kate
Shannon. “A Systematic Review of the Correlates of Violence against
Sex Workers.” American Journal of Public Health 104, no. 5 (2014):
e42-e54.
Platt, Lucy, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes, Susan
G Sherman, Teela Sanders, Peninah Mwangi, and Anna-Louise
Crago. “Associations between Sex Work Laws and Sex Workers’
Health: A Systematic Review and Meta-Analysis of Quantitative and
Qualitative Studies.” PLoS medicine 15, no .12 (2018): e1002680.
Shannon, Kate, Steffanie A Strathdee, Shira M Goldenberg, Putu
Duff, Peninah Mwangi, Maia Rusakova, Sushena Reza-Paul, and et al.
“Global Epidemiology of HIV among Female Sex Workers: Influence of
Structural Determinants.” The Lancet 385, no. 9962 (2015): 55-71.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; A Needs Assessment.
Sacramento, CA: Sex Workers Outreach Project/Safer Alternatives
through Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
Northern Ireland Department of Justice. Assessment of Review
of Operation of Article 64a of the Sexual Offenses Order (Northern
Ireland) 2008: Offence of Purchasing Sexual Services. Northern
Ireland: Department of Justice, 2019. https://www.justice-ni.gov.
uk/sites/default/files/publications/justice/assessment-of-impactcriminalisation-of-purchasing-sexual-services.pdf.
Footer, Katherine H. A., Ju N. Park, Saba Rouhani, Noya Galai,
Bradley E. Silberzahn, Steven Huettner, Sean T. Allen, and Susan
G. Sherman. “The Development of the Police Practices Scale:
Understanding Policing Approaches Towards Street-Based Female
Sex Workers in a U.S. City.” [In eng]. PLoS One 15, no. 1 (2020):
e0227809. https://doi.org/10.1371/journal.pone.0227809.
PROS Network and Leigh Tomppert, Sex Workers Project. Public
Health Crisis: The Impact of Using Condoms as Evidence of
Prostitution in New York City. PROS Network & Sex Workers Project,
2012. https://sexworkersproject.org/downloads/2012/20120417public-health-crisis.pdf.
Fehrenbacher, Anne E., Ju N. Park, Katherine H. A. Footer, Bradley
E. Silberzahn, Sean T. Allen, and Susan G. Sherman. “Exposure to
Police and Client Violence among Incarcerated Female Sex Workers
in Baltimore City, Maryland.” [In eng]. American Journal of Public
Health 110, no. S1 (Jan 2020): S152-s59. https://doi.org/10.2105/
ajph.2019.305451.
Erausquin, Jennifer Toller, Elizabeth Reed, and Kim M. Blankenship.
“Change over time in police Interactions and HIV Risk Behavior
among Female Sex Workers in Andhra Pradesh, India.” AIDS and
Behavior 19, no. 6 (2015): 1108-1115.
43 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTA-SESTA
and the Removal of Backpage. Hacking//Hustling, 2020, p.23.https://
hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/.

44 Footer, Katherine H. A., Susan G. Sherman, Ju N. Park, Sean T. Allen,
Michele R. Decker, Bradley E. Silberzahn, Steve Huettner, and Noya
Galai “Police-Related Correlates of Client-Perpetrated Violence
among Female Sex Workers in Baltimore City, Maryland.” American
Journal of Public Health 109, no. 2 (2019): 289-95. https://www.ncbi.
nlm.nih.gov/pmc/articles/PMC6336048/.
45 U.S. Department of Justice. Investigation of the Baltimore City Police
Department. U.S. Department of Justice, 2016. https://www.justice.
gov/crt/file/883296/download.
46 Thkral, Juhu, and Melissa Ditmore. Revolving Door: An Analysis of
Street-Based Prostitution in New York City. Sex Workers Project at the
Urban Justice Center, 2003.
47 U.S. Department of Justice. Investigation of the Baltimore City Police
Department. U.S. Department of Justice, 2016. https://www.justice.
gov/crt/file/883296/download.
48 Fehrenbacher, Anne E., Ju. N. Park, Katherine H. A. Footer, Bradley
E. Silberzahn, Sean T. Allen, and Susan G. Sherman. “Exposure to
Police and Client Violence among Incarcerated Female Sex Workers
in Baltimore City, Maryland.” [In eng]. American Journal of Public
Health 110, no. S1 (Jan 2020): S152-s59. https://doi.org/10.2105/
ajph.2019.305451.
49 Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, J S Montaner, T Kerr, and K Shannon. “Criminalisation of
Clients: Reproducing Vulnerabilities for Violence and Poor Health
among Street-Based Sex Workers in Canada: A Qualitative Study.”
BMJ Open 4, no. 6 (2014): e005191. https://bmjopen.bmj.com/
content/4/6/e005191?ct=ct.
Cunningham, Scott, and Manisha Shah. “Decriminalizing Indoor
Prostitution: Implications for Sexual Violence and Public Health.”
The Review of Economic Studies 85, no. 3 (2017): 1683-715. https://
www.nber.org/papers/w20281.pdf.
50 Updegrove, Alexander H, Lisa R Muftic, and Erin A Orrick. “Changes
in Arrest Patterns of Buyers and Sellers of Commercial Sex: An
Interrupted Time-Series Analysis.” American Journal of Criminal
Justice (2019): 1-20.
51 Armstrong, Lynzi. “From Law Enforcement to Protection?
Interactions between Sex Workers and Police in a Decriminalized
Street-Based Sex Industry.” British Journal of Criminology
57, no. 3 (2016): 570-88. https://academic.oup.com/bjc/
article-abstract/57/3/570/2623927.
Benoit, Cecilia, Mikael Jansson, Michaela Smith, and Jackson Flagg.
“”Well, It Should Be Changed for One, Because it’s our Bodies”: Sex
Workers’ Views on Canada’s Punitive Approach Towards Sex Work.”
Social Sciences 6, no. 2 (2017): 52.
Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, J S Montaner, T Kerr, and K Shannon. “Criminalisation of
Clients: Reproducing Vulnerabilities for Violence and Poor Health
among Street-Based Sex Workers in Canada: A Qualitative Study.”
BMJ Open 4, no. 6 (2014): e005191. https://bmjopen.bmj.com/
content/4/6/e005191?ct=ct.
Prangnell, Amy, Kate Shannon, Ekaterina Nosova, Kora DeBeck,
MJ Milloy, Thomas Kerr, and Kanna Hayashi “Workplace Violence
among Female Sex Workers Who Use Drugs in Vancouver, Canada:
Does Client Targeted Policing Increase Safety?” Journal of Public

24

ACLU Research Brief: Why Decriminalize Sex Work?

Health Policy 39, no. 1 (2018): 86-99. https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC5830098/pdf/nihms941832.pdf.
52 Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
53 Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, J S Montaner, T Kerr, and K Shannon. “Criminalisation of
Clients: Reproducing Vulnerabilities for Violence and Poor Health
among Street-Based Sex Workers in Canada: A Qualitative Study.”
BMJ Open 4, no. 6 (2014): e005191. https://bmjopen.bmj.com/
content/4/6/e005191?ct=ct.
Bjørndahl, Ulla. Dangerous Liaisons: A Report on the Violence Women
in Prostitution in Oslo Are Exposed To. Oslo, Norway: Ministry
of Justice and Public Safety, 2012. https://humboldt1982.files.
wordpress.com/2012/12/dangerous-liaisons.pdf.
Make the Road New York. Transgressive Policing: Police Abuse of
LGBTQ Communities of Color in Jackson Heights. New York: Make
the Road New York, 2012. https://maketheroadny.org/pix_reports/
MRNY_Transgressive_Policing_Full_Report_10.23.12B.pdf.
54 DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; A Needs Assessment.
Sacramento, CA: Sex Workers Outreach Project/Safer Alternatives
through Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
55 Iman, Jazeera, Catlin Fullwood, Naima Paz, Daphne W, and Shira
Hassan. Girls Do What They Have to Do to Survive: Illuminating
Methods Used by Girls in the Sex Trade and Street Economy to Fight
Back and Heal. Chicago: Young Women’s Empowerment Project,
2009. https://ywepchicago.files.wordpress.com/2011/06/girls-dowhat-they-have-to-do-to-survive-a-study-of-resilience-and-resistance.
pdf.
56 Fehrenbacher, Anne E., Ju. N. Park, Katherine H. A. Footer, Bradley
E. Silberzahn, Sean T. Allen, and Susan G. Sherman. “Exposure to
Police and Client Violence among Incarcerated Female Sex Workers
in Baltimore City, Maryland.” [In eng]. American Journal of Public
Health 110, no. S1 (Jan 2020): S152-s59. https://doi.org/10.2105/
ajph.2019.305451.
57 Footer, Katherine H. A., Bradley E. Silberzahn, Sahnah Lim, Steven
Huettner, Victor A. Kumar, Derek Loeffler, Sarah M. Peitzmeier,
and Susan G. Sherman. “An Ethnographic Exploration of Factors
That Drive Policing of Street-Based Female Sex Workers in a U.S.
Setting - Identifying Opportunities for Intervention.” [In eng]. BMC
International Health Hum Rights 20, no. 1 (2020): 12. https://doi.
org/10.1186/s12914-020-00232-0.
58 Prangnell, Amy, Kate Shannon, Ekaterina Nosova, Kora DeBeck,
MJ Milloy, Thomas Kerr, and Kanna Hayashi “Workplace Violence
among Female Sex Workers Who Use Drugs in Vancouver, Canada:
Does Client Targeted Policing Increase Safety?”Journal of Public
Health Policy 39, no. 1 (2018): 86-99. https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC5830098/pdf/nihms941832.pdf.
59 Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law

& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.
60 Armstrong, Lynzi. “From Law Enforcement to Protection?
Interactions between Sex Workers and Police in a Decriminalized
Street-Based Sex Industry.” British Journal of Criminology
57, no. 3 (2016): 570-88. https://academic.oup.com/bjc/
article-abstract/57/3/570/2623927.
Abel, Gillian, Lisa Fitzgerald, and Cheryl Brunton. The Impact of
the Prostitution Reform Act on the Health and Safety Practices of Sex
Workers: Report to the Prostitution Law Review Committee. University of
Otago, Christchurch: Department of Public Health and General Practice,
2007. https://www.otago.ac.nz/christchurch/otago018607.pdf.
Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
61 Armstrong, Lynzi. “From Law Enforcement to Protection?
Interactions between Sex Workers and Police in a Decriminalized
Street-Based Sex Industry.” British Journal of Criminology
57, no. 3 (2016): 570-88. https://academic.oup.com/bjc/
article-abstract/57/3/570/2623927.
62 Landsberg, Adina, Kate Shannon, Andrea Krüsi, Kora DeBeck,
M-J Milloy, Ekaterina Nosova, Thomas Kerr, and Kanna Hayashi.
“Criminalizing Sex Work Clients and Rushed Negotiations among Sex
Workers Who Use Drugs in a Canadian Setting.” Journal of Urban
Health, 94 (2017): 563-71. https://www.ncbi.nlm.nih.gov/pmc/
articles/ PMC5533660/.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; a Needs Assessment. Sacramento,
CA: Sex Workers Outreach Project/Safer Alternatives through
Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
Sherman, Susan G., Katherine Footer, Samantha Illangasekare,
Erin Clark, Erin Pearson, and Michele R. Decker. “What Makes You
Think You Have Special Privileges Because You Are a Police Officer?”
A Qualitative Exploration of Police’s Role in the Risk Environment
of Female Sex Workers.” [In eng]. AIDS Care 27, no. 4 (2015): 473-80.
https://doi.org/10.1080/09540121.2014.970504.
63 Poteat, Tonia, Rebecca H. White, Katherine H. A. Footer, Ju
N. Park, Noya Galai, Steven Huettner, Brad E. Silberzahn, et
al. “Characterising HIV and STIs among Transgender Female Sex
Workers: A Longitudinal Analysis.” [In eng]. BMJ Journals: Sexually
Transmitted Infections (May 4 2020). https://doi.org/10.1136/
sextrans-2019-054414.
Zhang, Chen, Xiaoming Li, Yan Hong, Yuejiao Zhou, Wei Liu, and
Bonita Stanton. “Unprotected Sex with Their Clients among LowPaying Female Sex Workers in Southwest China.” AIDS Care 25, no.
4 (2013): 503-06. https://doi.org/10.1080/09540121.2012.726345.
64 Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, J S Montaner, T Kerr, and K Shannon. “Criminalisation of
Clients: Reproducing Vulnerabilities for Violence and Poor Health
among Street-Based Sex Workers in Canada: A Qualitative Study.”

25

ACLU Research Brief: Why Decriminalize Sex Work?

BMJ Open 4, no. 6 (2014): e005191. https://bmjopen.bmj.com/
content/4/6/e005191?ct=ct.
Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives
of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.
Landsberg, Adina, Kate Shannon, Andrea Krüsi, Kora DeBeck,
M-J Milloy, Ekaterina Nosova, Thomas Kerr, and Kanna Hayashi.
“Criminalizing Sex Work Clients and Rushed Negotiations among Sex
Workers Who Use Drugs in a Canadian Setting.” Journal of Urban
Health, 94 (2017): 563-71. https://www.ncbi.nlm.nih.gov/pmc/
articles/ PMC5533660/.
Platt, Lucy, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes, Susan
G Sherman, Teela Sanders, Peninah Mwangi, and Anna-Louise
Crago. “Associations between Sex Work Laws and Sex Workers’
Health: A Systematic Review and Meta-Analysis of Quantitative and
Qualitative Studies.” PLoS Medicine 15, no. 12 (2018): e1002680.
Shannon, Kate, Steffanie A Strathdee, Jean Shoveller, Melanie Rusch,
Thomas Kerr, and Mark W Tyndall. “Structural and Environmental
Barriers to Condom Use Negotiation with Clients among Female
Sex Workers: Implications for HIV-Prevention Strategies and
Policy.” American Journal of Public Health 99, no. 4 (Apr 2009):
659-665. https://ajph.aphapublications.org/doi/epub/10.2105/
AJPH.2007.129858.
Poteat, Tonia, Rebecca H. White, Katherine H. A. Footer, Ju
N. Park, Noya Galai, Steven Huettner, Brad E. Silberzahn, et
al. “Characterising HIV and STIs among Transgender Female Sex
Workers: A Longitudinal Analysis.” [In eng]. BMJ Journals: Sexually
Transmitted Infections (May 4 2020). https://doi.org/10.1136/
sextrans-2019-054414.
Cunningham, Scott, and Manisha Shah. “Decriminalizing Indoor
Prostitution: Implications for Sexual Violence and Public Health.”
The Review of Economic Studies 85, no. 3 (2017): 1683-715. https://
www.nber.org/papers/w20281.pdf.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; a Needs Assessment. Sacramento,
CA: Sex Workers Outreach Project/Safer Alternatives through
Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
65 Benoit, Cecilia, Mikael Jansson, Michaela Smith, and Jackson Flagg.
“‘Well, It Should Be Changed for One, Because it’s our Bodies:’ Sex
Workers’ Views on Canada’s Punitive Approach Towards Sex Work.”
Social Sciences 6, no. 2 (2017): 52.
Crago, Anna-Louise. Female, Male and Transgender Sex workers’
Perspectives on HIV and STI Prevention and Treatment Services:
A Global Civil Society Consultation. Edinburgh, Scotland: Global
Network of Sex Work Projects, (2011).
66 Erausquin, Jennifer Toller, Elizabeth Reed, and Kim M. Blankenship.
“Change over time in police Interactions and HIV Risk Behavior
among Female Sex Workers in Andhra Pradesh, India.” AIDS and
Behavior 19, no. 6 (2015): 1108-1115.

67 DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; A Needs Assessment.
Sacramento, CA: Sex Workers Outreach Project/Safer Alternatives
through Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
Poteat, Tonia, Rebecca H. White, Katherine H. A. Footer, Ju
N. Park, Noya Galai, Steven Huettner, Brad E. Silberzahn, et
al. “Characterising HIV and STIs among Transgender Female Sex
Workers: A Longitudinal Analysis.” [In eng]. BMJ Journals: Sexually
Transmitted Infections (May 4 2020). https://doi.org/10.1136/
sextrans-2019-054414.
68 Zhang, Chen, Xiaoming Li, Yan Hong, Yuejiao Zhou, Wei Liu, and
Bonita Stanton. “Unprotected Sex with Their Clients among LowPaying Female Sex Workers in Southwest China.” AIDS Care 25, no.
4 (2013): 503-06. https://doi.org/10.1080/09540121.2012.726345.
69 PROS Network and Leigh Tomppert, Sex Workers Project. Public
Health Crisis: The Impact of Using Condoms as Evidence of
Prostitution in New York City. PROS Network & Sex Workers Project,
2012. https://sexworkersproject.org/downloads/2012/20120417public-health-crisis.pdf.
70 PROS Network and Leigh Tomppert, Sex Workers Project. Public
Health Crisis: The Impact of Using Condoms as Evidence of
Prostitution in New York City. PROS Network & Sex Workers Project,
2012. https://sexworkersproject.org/downloads/2012/20120417public-health-crisis.pdf.
71 Shannon, Kate, Steffanie A Strathdee, Shira M Goldenberg, Putu
Duff, Peninah Mwangi, Maia Rusakova, Sushena Reza-Paul, and et al.
“Global Epidemiology of HIV among Female Sex Workers: Influence
of Structural Determinants.” The Lancet 385, no. 9962 (2015): 55-71.
Note: It is not clear whether this review includes both transgender and
cisgender female sex workers.
72 Northern Ireland Department of Justice. Assessment of Review
of Operation of Article 64a of the Sexual Offenses Order (Northern
Ireland) 2008: Offence of Purchasing Sexual Services. Northern
Ireland: Department of Justice, 2019. https://www.justice-ni.gov.
uk/sites/default/files/publications/justice/assessment-of-impactcriminalisation-of-purchasing-sexual-services.pdf.
Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law
& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.
73 Harcourt, Christine, Jody O’Connor, Sandra Egger, Christopher
K Fairley, Handan Wand, Marcus Y Chen, Lewis Marshall, John M
Kaldor, and Basil Donovan. “The Decriminalisation of Prostitution Is
Associated with Better Coverage of Health Promotion Programs for
Sex Workers.” Australian and New Zealand Journal of Public Health
34, no. 5 (2010): 482-86.
74 Brents, Barbara G, and Kathryn Hausbeck. “Violence and Legalized
Brothel Prostitution in Nevada: Examining Safety, Risk, and
Prostitution Policy.” Journal of Interpersonal Violence 20, no. 3
(2005): 270-95.

26

ACLU Research Brief: Why Decriminalize Sex Work?

75 Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
76 Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
77 Cunningham, Scott, and Manisha Shah. “Decriminalizing Indoor
Prostitution: Implications for Sexual Violence and Public Health.”
The Review of Economic Studies 85, no. 3 (2017): 1683-715. https://
www.nber.org/papers/w20281.pdf. Note: It is unknown whether
transgender and cisgender women were included in this study.
78 Jung, Minsoo. “Effects of Implementing the Act of Prohibition on
Sex Trafficking on Female Sex Workers’ Sexually Transmitted
Infections.” PLoS ONE 12, no. 8 (2017):e0182465. https://journals.
plos.org/plosone/article?id=10.1371/journal.pone.0182465.
79 Swedish Institute. Selected Extracts of the Swedish Government
Report Sou 2010:49: “The Ban against the Purchase of Sexual
Services. An Evaluation 1999-2008.” Swedish Institute,
2010. https://www.government.se/articles/2011/03/
evaluation-of-the-prohibition-of-the-purchase-of-sexual-services/.
Amnesty International. The Human Cost of ‘Crushing’ the Market:
Criminalization of Sex Work in Norway. (May 2016). https://www.
amnesty.org/download/Documents/EUR3640342016ENGLISH.
PDF.
Amnesty International. “What I’m Doing Is Not a Crime:” The
Human Cost of Criminalizing Sex Work in the City of Buenos
Aires, Argentina. May 2016. https://www.amnesty.org/download/
Documents/AMR1341362016ENGLISH.PDF.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; A Needs Assessment.
Sacramento, CA: Sex Workers Outreach Project/Safer Alternatives
through Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives
of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.
Wright, Jordana, Robert Heynen, and Emily Van der Meulen. “‘It
Depends on Who You Are, What You Are:’ ‘Community Safety’ and
Sex Workers’ Experience with Surveillance.” Surveillance & Society
13, no. 2 (2015): 265-82.
Park, Ju N., Michele R. Decker, Judith K. Bass, Noya Galai,
Catherine Tomko, Kriti M. Jain, Katherine H. A. Footer, and Susan
G. Sherman. “Cumulative Violence and PTSD Symptom Severity
among Urban Street-Based Female Sex Workers.” [In eng]. Journal of
Interpersonal Violence (Nov 2 2019): 886260519884694. https://doi.
org/10.1177/0886260519884694.
Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: a Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.

80 Amnesty International. The Human Cost of ‘Crushing’ the Market:
Criminalization of Sex Work in Norway. Amnesty International,
2016. https://www.amnesty.org/download/Documents/
EUR3640342016ENGLISH.PDF.
Amnesty International. “What I’m Doing Is Not a Crime:” The
Human Cost of Criminalizing Sex Work in the City of Buenos Aires,
Argentina. Amnesty International, 2016. https://www.amnesty.org/
download/Documents/AMR1341362016ENGLISH.PDF.
Amnesty International. China: Harmfully Isolated: Criminalizing
Sex Work in Hong Kong. Amnesty International, 2016. https://www.
amnesty.org/download/Documents/ASA1740322016ENGLISH.
PDF.
Amnesty International. Papua New Guinea: Outlawed and
Abused: Criminalizing Sex Work in Papua New Guinea. Amnesty
International, 2016. https://www.amnesty.org/download/
Documents/ASA3440302016ENGLISH.PDF.
Benoit, Cecilia, Bill McCarthy, and Mikael Jansson. “Stigma, Sex
Work, and Substance Use: A Comparative Analysis.” Sociology of
Health & Illness 37, no. 3 (2015): 437-451.
Brents, Barbara G, and Kathryn Hausbeck. “Violence and Legalized
Brothel Prostitution in Nevada: Examining Safety, Risk, and
Prostitution Policy.” Journal of Interpersonal Violence 20, no. 3
(2005): 270-95.
Decker, Michele R, Anna-Louise Crago, Sandra KH Chu, Susan
G Sherman, Meena S Seshu, Kholi Buthelezi, Mandeep Dhaliwal,
and Chris Beyrer. “Human Rights Violations against Sex Workers:
Burden and Effect on HIV.” The Lancet 385, no. 9963 (2015): 186-99.
Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
Fielding-Miller, R., Z. Mnisi, D. Adams, S. Baral, and C. Kennedy.
“’There Is Hunger in My Community’: A Qualitative Study of
Food Security as a Cyclical Force in Sex Work in Swaziland.”
[In eng]. BMC Public Health 14 (Jan 25 2014): 79. https://doi.
org/10.1186/1471-2458-14-79.
Armstrong, Lynzi. “From Law Enforcement to Protection?
Interactions between Sex Workers and Police in a Decriminalized
Street-Based Sex Industry.” British Journal of Criminology
57, no. 3 (2016): 570-88. https://academic.oup.com/bjc/
article-abstract/57/3/570/2623927.
Bjørndahl, Ulla. Dangerous Liaisons: A Report on the Violence Women
in Prostitution in Oslo Are Exposed To. Oslo, Norway: Ministry
of Justice and Public Safety, 2012. https://humboldt1982.files.
wordpress.com/2012/12/dangerous-liaisons.pdf.
Kerrigan, Deanna, Caitlin E Kennedy, Ruth Morgan-Thomas,
Sushena Reza-Paul, Peninah Mwangi, Kay Thi Win, Allison
McFall, Virginia A Fonner, and Jennifer Butler. “A Community
Empowerment Approach to the HIV Response among Sex Workers:
Effectiveness, Challenges, and Considerations for Implementation
and Scale-Up.” The Lancet 385, no. 9963 (2015): 172-85.
Scorgie, Fiona, Katie Vasey, Eric Harper, Marlise Richter, Prince
Nare, Sian Maseko, and Matthew F. Chersich. “Human Rights

27

ACLU Research Brief: Why Decriminalize Sex Work?

Abuses and Collective Resilience among Sex Workers in Four African
Countries: A Qualitative Study.” [In eng].Global Health 9, no. 1 (Jul
26 2013): 33.
Sou, Julie, Kate Shannon, Jean Shoveller, Putu Duff, Melissa
Braschel, Sabina Dobrer, and Shira M. Goldenberg. “Impacts of
Immigration Experience on Work Stress among Sex Workers in
Vancouver, Canada.” Canadian Journal of Public Health 110, no. 3
(2019): 344-353.
Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: a Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.
81 Park, Ju N., Michele R. Decker, Judith K. Bass, Noya Galai,
Catherine Tomko, Kriti M. Jain, Katherine H. A. Footer, and Susan
G. Sherman. “Cumulative Violence and PTSD Symptom Severity
among Urban Street-Based Female Sex Workers.” [In eng]. Journal of
Interpersonal Violence (Nov 2 2019): 886260519884694. https://doi.
org/10.1177/0886260519884694.
82 Scorgie, Fiona, Katie Vasey, Eric Harper, Marlise Richter, Prince
Nare, Sian Maseko, and Matthew F. Chersich. “Human Rights
Abuses and Collective Resilience among Sex Workers in Four African
Countries: A Qualitative Study.” [In eng]. Global Health 9, no. 1 (Jul
26 2013): 33. https://doi.org/10.1186/1744-8603-9-33.
83 Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
84 Crago, Anna-Louise. Female, Male and Transgender Sex workers’
Perspectives on HIV and STI Prevention and Treatment Services:
A Global Civil Society Consultation. Edinburgh, Scotland: Global
Newtowrk of Sex Work Projects, (2011).
Danna, Daniela. “Client-Only Criminalization in the City of
Stockholm: A Local Research on the Application of the “Swedish
Model” of Prostitution Policy.” Sexuality Research and Social Policy 9,
no. 1 (2012): 80-93.
Harcourt, Christine, Jody O’Connor, Sandra Egger, Christopher
K Fairley, Handan Wand, Marcus Y Chen, Lewis Marshall, John M
Kaldor, and Basil Donovan. “The Decriminalisation of Prostitution Is
Associated with Better Coverage of Health Promotion Programs for
Sex Workers.” Australian and New Zealand Journal of Public Health
34, no. 5 (2010): 482-86.
Platt, Lucy, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes, Susan
G Sherman, Teela Sanders, Peninah Mwangi, and Anna-Louise
Crago. “Associations between Sex Work Laws and Sex Workers’
Health: A Systematic Review and Meta-Analysis of Quantitative and
Qualitative Studies.” PLoS Medicine 15, no. 12 (2018): e1002680.
Amnesty International. The Human Cost of ‘Crushing’ the Market:
Criminalization of Sex Work in Norway. Amnesty International,
2016. https://www.amnesty.org/download/Documents/
EUR3640342016ENGLISH.PDF.
Amnesty International. “What I’m Doing Is Not a Crime”: The
Human Cost of Criminalizing Sex Work in the City of Buenos Aires,
Argentina. Amnesty International, 2016. https://www.amnesty.org/
download/Documents/AMR1341362016ENGLISH.PDF.

Amnesty International. China: Harmfully Isolated: Criminalizing
Sex Work in Hong Kong. Amnesty International, 2016. https://www.
amnesty.org/download/Documents/ASA1740322016ENGLISH.
PDF.
Amnesty International. Papua New Guinea: Outlawed and
Abused: Criminalizing Sex Work in Papua New Guinea. Amnesty
International, 2016. https://www.amnesty.org/download/
Documents/ASA3440302016ENGLISH.PDF.
McMillan, Karen, and Heather Worth. Sex Workers and HIV
Prevention in Fiji – after the Fiji Crimes Decree 2009. New South
Wales, Sydney: International HIV Research Group, 2011. https://
www.researchgate.net/publication/326144254_Sex_Workers_and_
HIV_Prevention_in_Fiji-after_the_Fiji_Crimes_Decree.
Shannon, Kate, Steffanie A Strathdee, Shira M Goldenberg, Putu
Duff, Peninah Mwangi, Maia Rusakova, Sushena Reza-Paul, and et al.
“Global Epidemiology of HIV among Female Sex Workers: Influence of
Structural Determinants.” The Lancet 385, no. 9962 (2015): 55-71.
Kerrigan, Deanna, Caitlin E Kennedy, Ruth Morgan-Thomas,
Sushena Reza-Paul, Peninah Mwangi, Kay Thi Win, Allison
McFall, Virginia A Fonner, and Jennifer Butler. “A Community
Empowerment Approach to the HIV Response among Sex Workers:
Effectiveness, Challenges, and Considerations for Implementation
and Scale-Up.” The Lancet 385, no. 9963 (2015): 172-85.
Scorgie, Fiona, Daisy Nakato, Eric Harper, Marlise Richter, Sian
Maseko, Prince Nare, Jenni Smit, and Matthew Chersich. “‘We Are
Despised in the Hospitals:’ Sex Workers’ Experiences of Accessing
Health Care in Four African Countries.” Culture, Health & Sexuality
15, no. 4 (2013): 450-65. https://doi.org/10.1080/13691058.2012.76
3187.
85 Prangnell, Amy, Kate Shannon, Ekaterina Nosova, Kora DeBeck,
MJ Milloy, Thomas Kerr, and Kanna Hayashi “Workplace Violence
among Female Sex Workers Who Use Drugs in Vancouver, Canada:
Does Client Targeted Policing Increase Safety?” Journal of Public
Health Policy 39, no. 1 (2018): 86-99. https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC5830098/pdf/nihms941832.pdf.
Harcourt, Christine, Jody O’Connor, Sandra Egger, Christopher
K Fairley, Handan Wand, Marcus Y Chen, Lewis Marshall, John M
Kaldor, and Basil Donovan. “The Decriminalisation of Prostitution Is
Associated with Better Coverage of Health Promotion Programs for
Sex Workers.” Australian and New Zealand Journal of Public Health
34, no. 5 (2010): 482-86.
Brents, Barbara G, and Kathryn Hausbeck. “Violence and Legalized
Brothel Prostitution in Nevada: Examining Safety, Risk, and
Prostitution Policy.” Journal of Interpersonal Violence 20, no. 3
(2005): 270-95.
Shannon, Kate, Steffanie A Strathdee, Shira M Goldenberg, Putu
Duff, Peninah Mwangi, Maia Rusakova, Sushena Reza-Paul, and et al.
“Global Epidemiology of HIV among Female Sex Workers: Influence of
Structural Determinants.” The Lancet 385, no. 9962 (2015): 55-71.
Lutnick, Alexandra, and Deborah Cohan. “Criminalization,
Legalization or Decriminalization of Sex Work: What Female Sex
Workers Say in San Francisco, USA.” Reproductive Health Matters 17,
no. 34 (2009): 38-46.

28

ACLU Research Brief: Why Decriminalize Sex Work?

Kerrigan, Deanna, Caitlin E Kennedy, Ruth Morgan-Thomas,
Sushena Reza-Paul, Peninah Mwangi, Kay Thi Win, Allison
McFall, Virginia A Fonner, and Jennifer Butler. “A Community
Empowerment Approach to the HIV Response among Sex Workers:
Effectiveness, Challenges, and Considerations for Implementation
and Scale-Up.” The Lancet 385, no. 9963 (2015): 172-85.
Bjørndahl, Ulla. Dangerous Liaisons: A Report on the Violence Women
in Prostitution in Oslo Are Exposed To. Oslo, Norway: Ministry
of Justice and Public Safety, 2012. https://humboldt1982.files.
wordpress.com/2012/12/dangerous-liaisons.pdf.
Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives
of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.
86 Benoit, Cecilia, Nadia Ouellet, and Mikael Jansson. “Unmet Health
Care Needs Among Sex Workers in Five Census Metropolitan Areas
of Canada.” Canadian Journal of Public Health 107, no. 3 (2016):
e266-e271.
87 Decker, Michele R, Anna-Louise Crago, Sandra KH Chu, Susan
G Sherman, Meena S Seshu, Kholi Buthelezi, Mandeep Dhaliwal,
and Chris Beyrer. “Human Rights Violations against Sex Workers:
Burden and Effect on HIV.” The Lancet 385, no. 9963 (2015): 186-99.
88 Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
89 DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; a Needs Assessment. Sacramento,
CA: Sex Workers Outreach Project/Safer Alternatives through
Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
90 COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
Cunningham, Scott, Gregory DeAngelo, and John Tripp. “Craigslist
Reduced Violence against Women.” forth, 2019. http://scunning.
com/craigslist110.pdf.
Dank, Meredith, Jennifer Yahner, Kuniko Madden, Isela Bañuelos,
Lilly Yu, Andrea Ritchie, Mitchyll Mora, and Brendan Conner.
Surviving the Streets of New York: Experiences of LGBTQ Youth,
YMSM, and YWSW Engaged in Survival Sex. Washington, D.C.:
Urban Institute, 2015.
Dekker, H, R Tap, and G Homburg. Evaluation of Lifting the Ban on
Brothels; the Social Position of Prostitutes in 2006. Regioplan Policy
Report Summary 1204b. Amsterdam: WODC, 2006. https://english.
wodc.nl/binaries/1204b_summary_tcm29-68248.pdf.
Eichert, David. “It Ruined My Life: FOSTA, Male Escorts, and the
Construction of Sexual Victimhood in American Politics.” Virginia
Journal of Social Policy & the Law 26 (2019): 201-243.
McMillan, Karen, and Heather Worth. Sex Workers and HIV
Prevention in Fiji – after the Fiji Crimes Decree 2009. New South

Wales, Sydney: International HIV Research Group, 2011.https://
www.researchgate.net/publication/326144254_Sex_Workers_and_
HIV_Prevention_in_Fiji-after_the_Fiji_Crimes_Decree.

of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.

Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: a Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.

McMillan, Karen, and Heather Worth. Sex Workers and HIV
Prevention in Fiji – after the Fiji Crimes Decree 2009. New South
Wales, Sydney: International HIV Research Group, 2011. https://
www.researchgate.net/publication/326144254_Sex_Workers_and_
HIV_Prevention_in_Fiji-after_the_Fiji_Crimes_Decree.

91 Iman, Jazeera, Catlin Fullwood, Naima Paz, Daphne W, and Shira
Hassan. Girls Do What They Have to Do to Survive: Illuminating
Methods Used by Girls in the Sex Trade and Street Economy to Fight
Back and Heal. Chicago: Young Women’s Empowerment Project,
2009. https://ywepchicago.files.wordpress.com/2011/06/girls-dowhat-they-have-to-do-to-survive-a-study-of-resilience-and-resistance.
pdf.
Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: a Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.
92 Gaffney, Maggie, Simon Sherred, Michelle Zhang, and Ilan Zur.
“Tracing Criminalization: Policing and Prosecution in Los Angeles,
2017-19.” UCLA Law, 2019.
93 Krüsi, Andrea, K Pacey, L Bird, C Taylor, J Chettiar, S Allan, D
Bennett, J S Montaner, T Kerr, and K Shannon. “Criminalisation of
Clients: Reproducing Vulnerabilities for Violence and Poor Health
among Street-Based Sex Workers in Canada: A Qualitative Study.”
BMJ Open 4, no. 6 (2014): e005191. https://bmjopen.bmj.com/
content/4/6/e005191?ct=ct.
94 Bjørndahl, Ulla. Dangerous Liaisons: A Report on the Violence Women
in Prostitution in Oslo Are Exposed To. Oslo, Norway: Ministry
of Justice and Public Safety, 2012. https://humboldt1982.files.
wordpress.com/2012/12/dangerous-liaisons.pdf.
Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020.
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
See also: Blunt, Danielle, and Ariel Wolf. “Erased: The Impact of
FOSTA-SESTA and the Removal of Backpage on Sex Workers.” AntiTrafficking Review, 14 (2020): 117-121.
Brents, Barbara G, and Kathryn Hausbeck. “Violence and Legalized
Brothel Prostitution in Nevada: Examining Safety, Risk, and
Prostitution Policy.” Journal of Interpersonal Violence 20, no. 3
(2005): 270-95.
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
Cunningham, Scott, Gregory DeAngelo, and John Tripp. “Craigslist
Reduced Violence against Women.” forth, 2019. http://scunning.
com/craigslist110.pdf.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; A Needs Assessment.
Sacramento, CA: Sex Workers Outreach Project/Safer Alternatives
through Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives

29

ACLU Research Brief: Why Decriminalize Sex Work?

Villacampa, Carolina, and Nuria Torres. “Effects of the Criminalizing
Policy of Sex Work in Spain.” International Journal of Law, Crime
and Justice 41, no. 4 (2013): 375-89.
95 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020,
p. 20.https://hackinghustling.org/erased-the-impact-of-fostasesta-2020/ (
96 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020,
p. 20.https://hackinghustling.org/erased-the-impact-of-fostasesta-2020/ (
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
Eichert, David. “It Ruined My Life: FOSTA, Male Escorts, and the
Construction of Sexual Victimhood in American Politics.” Virginia
Journal of Social Policy & the Law 26 (2019): 201-243.
97 Bisschop, Paul, Stephen Kastoryano, and Bas van der Klaauw.
“Street Prostitution Zones and Crime.” American Economic Journal:
Economic Policy 9, no. 4 (2017): 28-63.
98 Ito, Seiro, Aurelia Lepine, and Carole Treibich. “The Effect of Sex
Work Regulation on Health and Well Being of Sex Workers: Evidence
from Senegal.” Health Economics 27 (2018): 1627-52. https://
onlinelibrary.wiley.com/doi/full/10.1002/hec.379.
Dekker, H, R Tap, and G Homburg. Evaluation of Lifting the Ban on
Brothels; the Social Position of Prostitutes in 2006. Regioplan Policy
Report Summary 1204b. Amsterdam: WODC, 2006. https://english.
wodc.nl/onderzoeksdatabase/evaluatie-opheffing-bordeelverboddeelproject-2.aspx.
Lutnick, Alexandra, and Deborah Cohan. “Criminalization,
Legalization or Decriminalization of Sex Work: What Female Sex
Workers Say in San Francisco, USA.” Reproductive Health Matters 17,
no. 34 (2009): 38-46.
Villacampa, Carolina, and Nuria Torres. “Effects of the Criminalizing
Policy of Sex Work in Spain.” International Journal of Law, Crime
and Justice 41, no. 4 (2013): 375-89.
99 This is by no means an exhaustive accounting of the populations
that might be at greatest risk of harm from criminalization. Other
populations have been identified, such as people with disabilities and
Indigenous people, in journalistic reporting and advocacy documents
as being particularly negatively impacted by criminalization.
However, at the time of this Brief, there was not enough existing
empirical research to permit in-depth inclusion. We call for further
research on the impact of decriminalization and criminalization of

sex work on both people with disabilities and Indigenous people, as
well as other marginalized populations.
100 Poteat, Tonia, Andrea L Wirtz, Anita Radix, Annick Borquez, Alfonso
Silva-Santisteban, Madeline B Deutsch, Sharful Islam Khan, Sam
Winter, and Don Operario. “HIV Risk and Preventive Interventions
in Transgender Women Sex Workers.” The Lancet 385, no. 9964
(2015): 274-86.
101 Abel, Gillian, Lisa Fitzgerald, and Cheryl Brunton. The Impact of
the Prostitution Reform Act on the Health and Safety Practices of Sex
Workers: Report to the Prostitution Law Review Committee. University
of Otago, Christchurch: Department of Public Health and General
Practice, 2007. https://www.otago.ac.nz/christchurch/otago018607.
pdf.
102 Dank, Meredith, Jennifer Yahner, Kuniko Madden, Isela Bañuelos,
Lilly Yu, Andrea Ritchie, Mitchyll Mora, and Brendan Conner.
Surviving the Streets of New York: Experiences of LGBTQ Youth,
YMSM, and YWSW Engaged in Survival Sex. Washington, D.C.:
Urban Institute, 2015. https://www.urban.org/sites/default/files/
publication/42186/2000119-Surviving-the-Streets-of-New-York.pdf.
Welfare Warriors Research Collaborative. A Fabulous Attitude: Low
Income LGBTGNC People Surviving and Thriving on Love, Shelter
and Knowledge.” New York: Queers for Economic Justice (2010).
103 Iman, Jazeera, Catlin Fullwood, Naima Paz, Daphne W, and Shira
Hassan. Girls Do What They Have to Do to Survive: Illuminating
Methods Used by Girls in the Sex Trade and Street Economy to Fight
Back and Heal. Chicago: Young Women’s Empowerment Project,
2009. https://ywepchicago.files.wordpress.com/2011/06/girls-dowhat-they-have-to-do-to-survive-a-study-of-resilience-and-resistance.
pdf.
104 Landsberg, Adina, Kate Shannon, Andrea Krüsi, Kora DeBeck,
M-J Milloy, Ekaterina Nosova, Thomas Kerr, and Kanna Hayashi.
“Criminalizing Sex Work Clients and Rushed Negotiations among
Sex Workers Who Use Drugs in a Canadian Setting.” Journal of
Urban Health, 94 (2017): 563-71. https://www.ncbi.nlm.nih.gov/
pmc/articles/ PMC5533660/. Note: It is unclear whether this study
includes both transgender and cisgender women.
105 Dank, Meredith, Jennifer Yahner, Kuniko Madden, Isela Bañuelos,
Lilly Yu, Andrea Ritchie, Mitchyll Mora, and Brendan Conner.
Surviving the Streets of New York: Experiences of LGBTQ Youth,
YMSM, and YWSW Engaged in Survival Sex. Washington, D.C.:
Urban Institute, 2015. https://www.urban.org/sites/default/files/
publication/42186/2000119-Surviving-the-Streets-of-New-York.pdf.
106 Poteat, Tonia, Andrea L Wirtz, Anita Radix, Annick Borquez, Alfonso
Silva-Santisteban, Madeline B Deutsch, Sharful Islam Khan, Sam
Winter, and Don Operario. “HIV Risk and Preventive Interventions
in Transgender Women Sex Workers.” The Lancet 385, no. 9964
(2015): 274-86.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; a Needs Assessment. Sacramento,
CA: Sex Workers Outreach Project/Safer Alternatives through
Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
107 Poteat, Tonia, Andrea L Wirtz, Anita Radix, Annick Borquez, Alfonso
Silva-Santisteban, Madeline B Deutsch, Sharful Islam Khan, Sam

30

ACLU Research Brief: Why Decriminalize Sex Work?

Winter, and Don Operario. “HIV Risk and Preventive Interventions
in Transgender Women Sex Workers.” The Lancet 385, no. 9964
(2015): 274-86.
108 Sherman, S. G., J. N. Park, N. Galai, S. T. Allen, S. S. Huettner,
B. E. Silberzahn, M. R. Decker, T. C. Poteat, and K. H. A. Footer.
“Drivers of HIV Infection among Cisgender and Transgender
Female Sex Worker Populations in Baltimore City: Results from the
SAPPHIRE Study.” [In eng]. Journal of Acquired Immune Deficiency
Syndrome 80, no. 5 (Apr 15 2019): 513-21. https://doi.org/10.1097/
qai.0000000000001959.
109 Sherman, Susan G., Ju N. Park, Noya Galai, Sean T. Allen, Steve
S. Huettner, Bradley E. Silberzahn, Michele R. Decker, Tonia
C. Poteat, and Katherine H. A. Footer. “Drivers of HIV Infection
among Cisgender and Transgender Female Sex Worker Populations
in Baltimore City: Results from the SAPPHIRE Study.” [In eng].
Journal of Acquired Immune Deficiency Syndrome 80, no. 5 (Apr 15
2019): 513-21. https://doi.org/10.1097/qai.0000000000001959.
Nemoto, T., B. Bödeker, and M. Iwamoto. “Social Support, Exposure
to Violence and Transphobia, and Correlates of Depression among
Male-to-Female Transgender Women with a History of Sex Work.” [In
eng]. American Journal of Public Health 101, no. 10 (Oct 2011): 1980-8.
https://doi.org/10.2105/ajph.2010.197285.
110 Poteat, Tonia, Andrea L Wirtz, Anita Radix, Annick Borquez, Alfonso
Silva-Santisteban, Madeline B Deutsch, Sharful Islam Khan, Sam
Winter, and Don Operario. “HIV Risk and Preventive Interventions
in Transgender Women Sex Workers.” The Lancet 385, no. 9964
(2015): 274-86.
The Center for Constitutional Rights. Stop and Frisk: The Human
Impact. New York, NY: The Center for Constitutional Rights, 2012.
111 Dank, Meredith, Jennifer Yahner, Kuniko Madden, Isela Bañuelos,
Lilly Yu, Andrea Ritchie, Mitchyll Mora, and Brendan Conner.
Surviving the Streets of New York: Experiences of LGBTQ Youth,
YMSM, and YWSW Engaged in Survival Sex. Washington, D.C.:
Urban Institute, 2015. https://www.urban.org/sites/default/files/
publication/42186/2000119-Surviving-the-Streets-of-New-York.pdf.
James, Sandy E, Jody L Herman, Susan Rankin, Mara Keisling, Lisa
Mottet, and Ma’ayan Anafi. The Report of the 2015 U.S. Transgender
Survey. Washington, D.C.: National Center for Transgender Equality,
2016. https://transequality.org/sites/default/files/docs/usts/
USTS-Full-Report-Dec17.pdf.
Make the Road New York. Transgressive Policing: Police Abuse of
LGBTQ Communities of Color in Jackson Heights. New York: Make
the Road New York, 2012. https://maketheroadny.org/pix_reports/
MRNY_Transgressive_Policing_Full_Report_10.23.12B.pdf.
Welfare Warriors Research Collaborative. A Fabulous Attitude: Low
Income LGBTGNC People Surviving and Thriving on Love, Shelter
and Knowledge.” New York: Queers for Economic Justice (2010).
112 James, Sandy E, Jody L Herman, Susan Rankin, Mara Keisling, Lisa
Mottet, and Ma’ayan Anafi. The Report of the 2015 U.S. Transgender
Survey. Washington, D.C.: National Center for Transgender Equality,
2016. https://transequality.org/sites/default/files/docs/usts/
USTS-Full-Report-Dec17.pdf.
113 Make the Road New York. Transgressive Policing: Police Abuse of
LGBTQ Communities of Color in Jackson Heights. New York: Make

the Road New York, 2012. https://maketheroadny.org/pix_reports/
MRNY_Transgressive_Policing_Full_Report_10.23.12B.pdf.
114 The Sentencing Project. Report of The Sentencing Project to the United
Nations Special Rapporteur on Contemporary Forms of Racism, Racial
Discrimination, Xenophobia, and Related Intolerance: Regarding
Racial Disparities in the United States Criminal Justice System.
Washington D.C.: The Sentencing Project, 2018. https://www.
sentencingproject.org/publications/un-report-on-racial-disparities/.
Davis, Elizabeth, Anthony Whyde, and Lynn Langton. Contacts
Between Police and The Public, 2015. NCJ 251145. Bureau
of Justice Statistics, 2018. https://www.bjs.gov/index.
cfm?ty=pbdetail&iid=6406.
Carson, Anne E. Prisoners in 2018, Table 5. NCJ 253516.
Bureau of Justice Statistics, 2020. https://www.bjs.gov/index.
cfm?ty=pbdetail&iid=6846.
115 Gaffney, Maggie, Simon Sherred, Michelle Zhang, and Ilan Zur.
“Tracing Criminalization: Policing and Prosecution in Los Angeles,
2017-19.” UCLA Law, 2019.
116 Judge, Shana, and Mariah Wood. “Panel Paper: Racial Disparities
in the Enforcement of Prostitution Laws.” Global Challenges,
New Perspectives, Association for Public Policy Analysis and
Management, 2014.
117 Dank, Meredith, Jennifer Yahner, Kuniko Madden, Isela Bañuelos,
Lilly Yu, Andrea Ritchie, Mitchyll Mora, and Brendan Conner.
Surviving the Streets of New York: Experiences of LGBTQ Youth,
YMSM, and YWSW Engaged in Survival Sex. Washington, D.C.:
Urban Institute, 2015. https://www.urban.org/sites/default/files/
publication/42186/2000119-Surviving-the-Streets-of-New-York.pdf.
118 Machat, Sylvia, Kate Shannon, Melissa Braschel, Sarah Moreheart,
and Shira M Goldenberg. “Sex Workers’ Experiences and
Occupational Conditions Post-Implementation of End-Demand
Criminalization in Metro Vancouver, Canada.” Canadian Journal of
Public Health (2019): 1-9.
Villacampa, Carolina, and Nuria Torres. “Effects of the Criminalizing
Policy of Sex Work in Spain.” International Journal of Law, Crime
and Justice 41, no. 4 (2013): 375-89.
119 Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: a Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.
120 Sou, Julie, Kate Shannon, Jean Shoveller, Putu Duff, Melissa
Braschel, Sabina Dobrer, and Shira M. Goldenberg. “Impacts of
Immigration Experience on Work Stress among Sex Workers in
Vancouver, Canada.” Canadian Journal of Public Health 110, no. 3
(2019): 344-353.
Machat, Sylvia, Kate Shannon, Melissa Braschel, Sarah Moreheart,
and Shira M Goldenberg. “Sex Workers’ Experiences and
Occupational Conditions Post-Implementation of End-Demand
Criminalization in Metro Vancouver, Canada.” Canadian Journal of
Public Health (2019): 1-9.
Bjørndahl, Ulla. Dangerous Liaisons: A Report on the Violence Women
in Prostitution in Oslo Are Exposed To. Oslo, Norway: Ministry
of Justice and Public Safety, 2012. https://humboldt1982.files.
wordpress.com/2012/12/dangerous-liaisons.pdf.

31

ACLU Research Brief: Why Decriminalize Sex Work?

121 Danna, Daniela. “Client-only Criminalization in the City of
Stockholm: A Local Research on the Application of the “Swedish
Model” of Prostitution Policy.” Sexuality Research and Social Policy 9,
no. 1 (2012): 80-93.
Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives
of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.
Machat, Sylvia, Kate Shannon, Melissa Braschel, Sarah Moreheart,
and Shira M Goldenberg. “Sex Workers’ Experiences and
Occupational Conditions Post-Implementation of End-Demand
Criminalization in Metro Vancouver, Canada.” Canadian Journal of
Public Health (2019): 1-9.
Platt, Lucy, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes, Susan
G Sherman, Teela Sanders, Peninah Mwangi, and Anna-Louise
Crago. “Associations between Sex Work Laws and Sex Workers’
Health: A Systematic Review and Meta-Analysis of Quantitative and
Qualitative Studies.” PLoS Medicine 15, no. 12 (2018): e1002680.
122 Machat, Sylvia, Kate Shannon, Melissa Braschel, Sarah Moreheart,
and Shira M Goldenberg. “Sex Workers’ Experiences and
Occupational Conditions Post-Implementation of End-Demand
Criminalization in Metro Vancouver, Canada.” Canadian Journal of
Public Health (2019): 1-9.
123 Pitcher, Jane, and Marjan Wijers. “The Impact of Different
Regulatory Models on the Labour Conditions, Safety and Welfare of
Indoor-Based Sex Workers.” Criminology & Criminal Justice 14, no. 5
(2014): 549-64.
124 Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law
& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.
125 Anesu, Svinurai, Makhubele Jabulani Calvin, Ananias Janetta Agnes,
Freeman Rachel Johanna, Mafa Prudence, Matlakala Frans Koketso,
Chilwalo Beatrice Namoonga, et al. “‘You Cannot Be Raped When
You Are a Sex Worker:’ Sexual Violence among Substance Abusing
Sex Workers in Musina, Limpopo Province.” e-Bangi 16, no. 4 (2019).
Lutnick, Alexandra, and Deborah Cohan. “Criminalization,
Legalization or Decriminalization of Sex Work: What Female Sex
Workers Say in San Francisco, USA.” Reproductive Health Matters 17,
no. 34 (2009): 38-46.
Prangnell, Amy, Kate Shannon, Ekaterina Nosova, Kora DeBeck,
MJ Milloy, Thomas Kerr, and Kanna Hayashi “Workplace Violence
among Female Sex Workers Who Use Drugs in Vancouver, Canada:
Does Client Targeted Policing Increase Safety?” Journal of Public
Health Policy 39, no. 1 (2018): 86-99. https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC5830098/pdf/nihms941832.pdf.
Footer, Katherine H. A., Susan G. Sherman, Ju N. Park, Sean T.
Allen, Michele R. Decker, Bradley E. Silberzahn, Steve Huettner, and
Noya Galai “Police-Related Correlates of Client-Perpetrated Violence
among Female Sex Workers in Baltimore City, Maryland.” American
Journal of Public Health 109, no. 2 (2019): 289-95. https://www.ncbi.
nlm.nih.gov/pmc/articles/PMC6336048/.

Iman, Jazeera, Catlin Fullwood, Naima Paz, Daphne W, and Shira
Hassan. Girls Do What They Have to Do to Survive: Illuminating
Methods Used by Girls in the Sex Trade and Street Economy to Fight
Back and Heal. Chicago: Young Women’s Empowerment Project,
2009. https://ywepchicago.files.wordpress.com/2011/06/girls-dowhat-they-have-to-do-to-survive-a-study-of-resilience-and-resistance.
pdf.
126 Fehrenbacher, Anne E., Ju. N. Park, Katherine H. A. Footer, Bradley
E. Silberzahn, Sean T. Allen, and Susan G. Sherman. “Exposure to
Police and Client Violence among Incarcerated Female Sex Workers
in Baltimore City, Maryland.” [In eng]. American Journal of Public
Health 110, no. S1 (Jan 2020): S152-s59. https://doi.org/10.2105/
ajph.2019.305451.
Machat, Sylvia, Kate Shannon, Melissa Braschel, Sarah Moreheart,
and Shira M Goldenberg. “Sex Workers’ Experiences and
Occupational Conditions Post-Implementation of End-Demand
Criminalization in Metro Vancouver, Canada.” Canadian Journal of
Public Health (2019): 1-9.
127 Fielding-Miller, Rebecca, Zandile Mnisi, Darrin Adams, Stefan
Baral, and Caitlin Kennedy. “There Is Hunger in My Community:” A
Qualitative Study of Food Security as a Cyclical Force in Sex Work in
Swaziland.” [In eng]. BMC Public Health 14 (2014): 79. https://doi.
org/10.1186/1471-2458-14-79.
Park, Ju N., Michele R. Decker, Judith K. Bass, Noya Galai,
Catherine Tomko, Kriti M. Jain, Katherine H. A. Footer, and Susan
G. Sherman. “Cumulative Violence and PTSD Symptom Severity
among Urban Street-Based Female Sex Workers.” [In eng]. Journal
of Interpersonal Violence (2019): 886260519884694. https://doi.
org/10.1177/0886260519884694.
Zhang, Chen, Xiaoming Li, Yan Hong, Yuejiao Zhou, Wei Liu, and
Bonita Stanton. “Unprotected Sex with Their Clients among LowPaying Female Sex Workers in Southwest China.” AIDS Care 25, no.
4 (2013): 503-06. https://doi.org/10.1080/09540121.2012.726345.
Thkral, Juhu, and Melissa Ditmore. Revolving Door: An Analysis of
Street-Based Prostitution in New York City. Sex Workers Project at the
Urban Justice Center, 2003.
The Center for Constitutional Rights. Stop and Frisk: The Human
Impact. New York, NY: The Center for Constitutional Rights, 2012.
128 Sou, Julie, Kate Shannon, Jean Shoveller, Putu Duff, Melissa
Braschel, Sabina Dobrer, and Shira M. Goldenberg. “Impacts of
Immigration Experience on Work Stress among Sex Workers in
Vancouver, Canada.” Canadian Journal of Public Health 110, no. 3
(2019): 344-353.
Machat, Sylvia, Kate Shannon, Melissa Braschel, Sarah Moreheart,
and Shira M Goldenberg. “Sex Workers’ Experiences and
Occupational Conditions Post-Implementation of End-Demand
Criminalization in Metro Vancouver, Canada.” Canadian Journal of
Public Health (2019): 1-9.

32

of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.
Landsberg, Adina, Kate Shannon, Andrea Krüsi, Kora DeBeck,
M-J Milloy, Ekaterina Nosova, Thomas Kerr, and Kanna Hayashi.
“Criminalizing Sex Work Clients and Rushed Negotiations among Sex
Workers Who Use Drugs in a Canadian Setting.” Journal of Urban
Health, 94 (2017): 563-71. https://www.ncbi.nlm.nih.gov/pmc/
articles/ PMC5533660/.
Villacampa, Carolina, and Nuria Torres. “Effects of the Criminalizing
Policy of Sex Work in Spain.” International Journal of Law, Crime
and Justice 41, no. 4 (2013): 375-389.
129 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTA-SESTA
and the Removal of Backpage. Hacking//Hustling, 2020. https://
hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/.
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
130 Jakobsson, Niklas, and Kotsadam. “The Law and Economics of
International Sex Slavery: Prostitution Laws and Trafficking for
Sexual Exploitation.” European Journal of Law and Economics 35
(2011): 87-107.
131 Swedish Institute. Selected Extracts of the Swedish Government
Report Sou 2010:49: “The Ban against the Purchase of Sexual
Services. An Evaluation 1999-2008.” Swedish Institute,
2010. https://www.government.se/articles/2011/03/
evaluation-of-the-prohibition-of-the-purchase-of-sexual-services/.
Lee, Samuel and Petra Persson. “Human Trafficking and Regulating
Prostitution.” IFN Working Paper No. 996, NYU Stern School of
Business EC-12-07, NYU Law and Economics Research Paper No. 1208. 2018. http://dx.doi.org/10.2139/ssrn.2057299.
132 Réchard, Danièle. National Legislation on Prostitution and the
Trafficking in Women and Children: Study. Directorate-General,
European Parliament, 2005.
133 Northern Ireland Department of Justice. Assessment of Review
of Operation of Article 64a of the Sexual Offenses Order (Northern
Ireland) 2008: Offence of Purchasing Sexual Services. Northern
Ireland: Department of Justice, 2019. https://www.justice-ni.gov.
uk/sites/default/files/publications/justice/assessment-of-impactcriminalisation-of-purchasing-sexual-services.pdf.
Ellison, Graham, Caoimhe Ní Dhónaill, and Erin Early. A Review of
the Criminalisation of Paying for Sexual Services in Northern Ireland.
Belfast, Northern Ireland: Queen’s University Belfast School of Law
& Department of Justice, 2019. https://www.justice-ni.gov.uk/sites/
default/files/publications/justice/report-criminalisation-paying-forsex.pdf.

Pitcher, Jane, and Marjan Wijers. “The Impact of Different
Regulatory Models on the Labour Conditions, Safety and Welfare of
Indoor-Based Sex Workers.” Criminology & Criminal Justice 14, no. 5
(2014): 549-64.

134 Lee, Samuel and Petra Persson. “Human Trafficking and Regulating
Prostitution.” IFN Working Paper No. 996, NYU Stern School of
Business EC-12-07, NYU Law and Economics Research Paper No. 1208. 2018. http://dx.doi.org/10.2139/ssrn.2057299.

Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives

135 Cho, Seo-Young, Axel Dreher, and Eric Neumayer. “Does Legalized
Prostitution Increase Human Trafficking?” World Development 41

ACLU Research Brief: Why Decriminalize Sex Work?

(2013): 67-82. https://www.sciencedirect.com/science/article/pii/
S0305750X12001453.
136 Cho, Seo-Young, Axel Dreher, and Eric Neumayer. “Does Legalized
Prostitution Increase Human Trafficking?” World Development 41
(2013): 67-82. https://www.sciencedirect.com/science/article/pii/
S0305750X12001453.
Dodillet, Susanne, and Petra Östergren. “The Swedish Sex Purchase
Act: Claimed Success and Documented Effects.” International
Workshop: Decriminalizing Prostitution and Beyond: Practical
Experiences and Challenges. The Hague, 2011.
Jakobsson, Niklas, and Kotsadam. “The Law and Economics of
International Sex Slavery: Prostitution Laws and Trafficking for
Sexual Exploitation.” European Journal of Law and Economics 35
(2011): 87-107.
137 Réchard, Danièle. National Legislation on Prostitution and the
Trafficking in Women and Children: Study. Directorate-General,
European Parliament, 2005.
138 Cunningham, Scott, Gregory DeAngelo, and John Tripp. “Craigslist
Reduced Violence against Women.” forth, 2019. http://scunning.
com/craigslist110.pdf.
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
Amnesty International. The Human Cost of ‘Crushing’ the Market:
Criminalization of Sex Work in Norway. Amnesty International,
2016. https://www.amnesty.org/download/Documents/
EUR3640342016ENGLISH.PDF.
Amnesty International. “What I’m Doing Is Not a Crime:” The
Human Cost of Criminalizing Sex Work in the City of Buenos Aires,
Argentina. Amnesty International, 2016. https://www.amnesty.org/
download/Documents/AMR1341362016ENGLISH.PDF.
Amnesty International. China: Harmfully Isolated: Criminalizing
Sex Work in Hong Kong. Amnesty International, 2016. https://www.
amnesty.org/download/Documents/ASA1740322016ENGLISH.
PDF.
Kerrigan, Deanna, Caitlin E Kennedy, Ruth Morgan-Thomas,
Sushena Reza-Paul, Peninah Mwangi, Kay Thi Win, Allison
McFall, Virginia A Fonner, and Jennifer Butler. “A Community
Empowerment Approach to the HIV Response among Sex Workers:
Effectiveness, Challenges, and Considerations for Implementation
and Scale-Up.” The Lancet 385, no. 9963 (2015): 172-85.
Gaffney, Maggie, Simon Sherred, Michelle Zhang, and Ilan Zur.
“Tracing Criminalization: Policing and Prosecution in Los Angeles,
2017-19.” UCLA Law, 2019.
139 Jung, Minsoo. “Effects of Implementing the Act of Prohibition on
Sex Trafficking on Female Sex Workers’ Sexually Transmitted
Infections.” PLoS ONE 12, no. 8 (2017): e0182465. https://journals.
plos.org/plosone/article?id=10.1371/journal.pone.0182465.
140 Kerrigan, Deanna, Caitlin E Kennedy, Ruth Morgan-Thomas,
Sushena Reza-Paul, Peninah Mwangi, Kay Thi Win, Allison
McFall, Virginia A Fonner, and Jennifer Butler. “A Community
Empowerment Approach to the HIV Response among Sex Workers:

33

ACLU Research Brief: Why Decriminalize Sex Work?

Effectiveness, Challenges, and Considerations for Implementation
and Scale-Up.” The Lancet 385, no. 9963 (2015): 172-85.
141 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020.
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
See also: Blunt, Danielle, and Ariel Wolf. “Erased: The Impact of
FOSTA-SESTA and the Removal of Backpage on Sex Workers.” AntiTrafficking Review, 14 (2020): 117-121.
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
Eichert, David. “It Ruined My Life: FOSTA, Male Escorts, and the
Construction of Sexual Victimhood in American Politics.” Virginia
Journal of Social Policy & the Law 26 (2019): 201-243.
Levy, Jay, and Pye Jakobsson. “Sweden’s Abolitionist Discourse and
Law: Effects on the Dynamics of Swedish Sex Work and on the Lives
of Sweden’s Sex Workers.” Criminology and Criminal Justice (2014).
http://crj.sagepub.com/content/early/2014/03/31/174889581452
8926.
Landsberg, Adina, Kate Shannon, Andrea Krüsi, Kora DeBeck,
M-J Milloy, Ekaterina Nosova, Thomas Kerr, and Kanna Hayashi.
“Criminalizing Sex Work Clients and Rushed Negotiations among Sex
Workers Who Use Drugs in a Canadian Setting.” Journal of Urban
Health, 94 (2017): 563-71. https://www.ncbi.nlm.nih.gov/pmc/
articles/ PMC5533660/.
Shannon, Kate, Steffanie A Strathdee, Shira M Goldenberg, Putu
Duff, Peninah Mwangi, Maia Rusakova, Sushena Reza-Paul, and et al.
“Global Epidemiology of HIV among Female Sex Workers: Influence of
Structural Determinants.” The Lancet 385, no. 9962 (2015): 55-71.
DiAngelo, Kristen, and Rachel Anderson. Sex Work and Human
Trafficking in the Sacramento Valley; a Needs Assessment. Sacramento,
CA: Sex Workers Outreach Project/Safer Alternatives through
Networking and Education (SWOP/SANE), 2015. https://
survivorsagainstsesta.files.wordpress.com/2018/03/sex-workerneed-analysis-sacramento-valley.pdf.
142 COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
143 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020.
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/.
See also: Blunt, Danielle, and Ariel Wolf. “Erased: The Impact of
FOSTA-SESTA and the Removal of Backpage on Sex Workers.” AntiTrafficking Review, 14 (2020): 117-121.
144 Wagner, Peter, and Wendy Sawyer, States of Incarceration: The
Global Context 2018, Prison Policy Initiative, 2018. https://www.
prisonpolicy.org/global/2018.html.
Travis, Jeremy. Bruce Western, and Steve Redburn, eds., The
Growth of Incarceration in the United States: Exploring Causes and
Consequences. Washington, D.C.: The National Academies Press,
2014.

For more about how decriminalization of sex work can help to reduce
mass incarceration: https://www.aclu.org/news/lgbt-rights/
sex-work-is-real-work-and-its-time-to-treat-it-that-way/
145 Kerodal, Ashmini G.,Joshua D. Freilich, and Michele Galietta, eds.
“The Efficacy of Sex Crime and Human Trafficking Legislations.”
Special issue, International Journal of Comparative and Applied
Criminal Justice 39, no. 2 (February 2015).
Bruch, Elizabeth M. “Models Wanted: The Search for an Effective
Response to Human Trafficking.” Stanford Journal of International
Law 40, no. 1 (2004): 1-45.
Chacon, Jennifer M. “Misery and Myopia: Understanding the
Failures of U.S. Efforts to Stop Human Trafficking.” Fordham Law
Review 74, no. 6 (2006): 2977-3040.
Vanwesenbeeck, Ine. “Another Decade of Social Scientific Work on
Sex Work: a Review of Research 1990–2000.” Annual Review of Sex
Research 12, no. 1 (2001): 242-289.
146 Urban Indian Health Institute. Missing and Murdered Indigenous
Women & Girls: A Snapshot of Data from 71 Urban Cities in the United
States. Urban Indian Health Institute, 2018. https://www.uihi.org/
resources/missing-and-murdered-indigenous-women-girls/.
147 Fritsch, Kelly, Robert Heynen, Amy Nicole Ross and Emily van der
Meulen, “Disability and Sex Work: Developing Affinities through
Decriminalization.” Disability and Society 31, no. 1 (2019): 84-99.
Rugoho, Tafadzwa “Fishing in Deep Waters: Sex Workers with
Disabilities in Harare, Zimbabwe.” International Journal of Gender
Studies in Developing Societies 2, no. 3 (2017): 227-240.
148 Jackson, Liane. “Change Agents: A New Wave of Reform
Prosecutors Upends the Status Quo.” ABA Journal, 1 June
2019. https://www.abajournal.com/magazine/article/
change-agents-reform-prosecutors.
Office of the District Attorney County and City of San Francisco.
“Prioritizing Safety for Sex Workers,” 11 January 2018. https://sfgov.
org/dosw/sites/default/files/DA%20Prioritizing%20Safety%20
for%20Sex%20worker%20Policy.pdf
149 San Francisco Police Department. “Prioritizing Safety for Sex
Workers,” Department Bulletin 17-249, 19 December 2017. https://
sfgov.org/dosw/sites/default/files/department%20bulletin%2017249.pdf.
150 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTASESTA and the Removal of Backpage. Hacking//Hustling, 2020.
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
See also: Blunt, Danielle, and Ariel Wolf. “Erased: The Impact of
FOSTA-SESTA and the Removal of Backpage on Sex Workers.” AntiTrafficking Review, 14 (2020): 117-121.
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
151 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTA-SESTA
and the Removal of Backpage. Hacking//Hustling, 2020.https://
hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/

34

ACLU Research Brief: Why Decriminalize Sex Work?

Eichert, David. “It Ruined My Life: FOSTA, Male Escorts, and the
Construction of Sexual Victimhood in American Politics.” Virginia
Journal of Social Policy & the Law 26 (2019): 201-243.
152 U.S. Congress. House. SAFE SEX Workers Study Act. HR 5448. 116th
Cong., 1st sess. Introduced in House December 17, 2019. https://
www.congress.gov/116/bills/hr5448/BILLS-116hr5448ih.pdf.
153 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTA-SESTA
and the Removal of Backpage. Hacking//Hustling, 2020.https://
hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
COYOTE-Rhode Island (RI), Desiree Alliance, SWOP Behind Bars,
and Brown University. COYOTE-RI Impact Survey Results - 2018.
(2018).
154 Platt, Lucy, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes, Susan
G Sherman, Teela Sanders, Peninah Mwangi, and Anna-Louise
Crago. “Associations between Sex Work Laws and Sex Workers’
Health: A Systematic Review and Meta-Analysis of Quantitative and
Qualitative Studies.” PLoS Medicine 15, no. 12 (2018): e1002680.
155 The Center for HIV Law and Policy. HIV Criminalization in the
United States: A Sourcebook on State and Federal HIV Criminal Law
and Practice, 3rd Edition. Brooklyn, New York: The Center for HIV
Law and Policy, 2020. http://www.hivlawandpolicy.org/sourcebook.
156 Yang, Tony Y, and Kristen Underhill. “Rethinking Criminalization
of HIV Exposure — Lessons from California’s New Legislation.” New
England Journal of Medicine 378, no. 13 (2018): 1174–75. https://doi.
org/10.1056/nejmp1716981.
157 Blunt, Danielle, and Ariel Wolf. Erased: The Impact of FOSTA-SESTA
and the Removal of Backpage. Hacking//Hustling, 2020.https://
hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
158 Shaver, Frances M. “Sex Work Research: Methodological and Ethical
Challenges.” Journal of Interpersonal Violence 20, no. 3 (2005):
296-319.
159 Bloomquist, Kate. Fact Sheet: Ethical Considerations for Conducting
Sex Worker Research. SWOP-USA, 2017. http://www.swop-seattle.
org/wp-content/uploads/2018/11/ETHICAL_RESEARCH_WITH_
SEXWORKERS_FACTSHEET.pdf.
Shaver, Frances M. “Sex Work Research: Methodological and Ethical
Challenges.” Journal of Interpersonal Violence 20, no. 3 (2005):
296-319.