Decriminalizing commercial sex work

Sex work has always been a subject of controversy. When examined, sex as a trade, the combination of philosophy, cultural precedence, religious influence and politics determined how each country chose to handle it.[break]



In Singapore, sex for money is open. Canada, France and Mexico allow it. Sex workers must be contained within brothels in the Netherlands, unlike in England and Wales where it is limited to individual providers. Israel allows it too. The United States has made sex work illegal in all states, except certain places in Nevada. In Nepal, sex work as such is neither legal nor is it decriminalized. The Supreme Court’s verdict in 2002 recognizes sex work as a profession.



Police raids of public places are acceptable under the Public Offense Act. If someone is arrested for sex work, it is usually under this Act with a punishment of up to NRs 10,000 for vulgar gestures or activities in public places. Police can use the Act to raid hotels as hotels are supposed to be used for activities other than sex work. The government has banned Kathmandu’s nightlife activities with the objective of controlling obscene activities, including sex work.



But women’s rights organizations have objected to the decision, saying women with night jobs would be forced into the sex trade. Meanwhile, the Supreme Court has passed directives on Poush, 2065, aimed at preventing sexual harassment and unwanted sex work in restaurants.



Situation of commercial sex workers



A recent study revealed that female commercial sex workers (FCSW) are the target of physical, psychological and sexual violence, including exploitation by clients, pimps and police. Due to the fear of being stigmatized, these cases often go unreported. Sixty-seven percent of the FCSW in Kathmandu had experienced some kind of violence, such as physical abuse, rape, group sex, forced sex, and looting money and jewellery. The main reason for this state of the commercial sex workers is a lack of appropriate legal provision. The legal confusion and involvement of authorities in violence against sex workers has further deteriorated the situation.



Demand for legal status and dilemma



The presence of the ever-increasing sex work business cannot be denied. With many plunging into the heated debate of sex work legislation, Nepal can no longer be just an audience. The issue of sex work is slowly gaining momentum as problems are starting to arise on the socio-economic horizon. The ever-increasing sex trafficking of women to neighboring countries, the demands of legalizing sex work, the violence against female sex workers, and the growing concerns of HIV/AIDS will soon force policy makers to address the issue.



During a time when the nation is looking for change, the issue of sex remains in a crucial balance. At this moment all stakeholder should prepare to address this issue.



Commercial sex workers have been seeking legalized status. But the major question is: Will legalization alone solve the problems of commercial sex workers? Or should we think of decriminalization of commercial sex work?



Decriminalization as an option



Decriminalization of commercial sex work refers to a legalized, but unregulated, sex trade. Some advocate for it to be made legal, but treated and regulated as any other profession. This includes the removal of laws against sex workers. Although baseline assumptions of decriminalization and legalization are similar, decriminalization is different in that it does not regulate sex work any differently than any other business, and does not force sex workers to work in a regulated brothel.



Decriminalization would allow for workers to become businesswomen in the sale of sexual services under their own authority and personal preferences. Working hours and choice of customers would be at the sex workers’ prerogative, and they could organize cooperatives or brothels if they wished to do so. They would have access to help from the police in the event of abuse and be able to change working situations if uncomfortable with the working conditions. If sex work was decriminalized, people would have no legal grounds with which to stigmatize sex workers.



Conclusion



Decriminalization could be the best possible option for the management of haphazardly growing sex work. The entire sex trade, however, should not be decriminalized. All parties involved in trafficking anyone for sex, and the pimps that force someone into unwilling sex work should be criminalized. This approach appears to have the highest potential for success, as it maintains sex trafficked victims and sex workers’ rights while decreasing organized crime related to sex work and sex trafficking.



No one under age should be allowed to undertake sex work. Health services, including HIV/AIDS and STD testing should be available to sex workers.



The issues of commercial sex workers need a deliberate discussion and decision from concerned authorities. But the issue cannot be left undecided for a long period. Management of sex work by any means is in urgent need as safeguarding of individuals health, wellbeing and dignity is the responsibility of the state.

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