Illinois Legislators Propose Law to Decriminalize “Sex Work”
Earlier this week, two Illinois state representatives announced that they would introduce legislation this week that would seek to fully decriminalize sex work in the state, which would make it the first state to do so. One of the bill sponsors, Will Guzzardi, said in a press conference announcing the bill that the intent of the legislation is to protect sex workers, saying “Something needs to be done to keep sex workers safe, and there’s no single thing we can do to solve this epidemic entirely. But there is a proven strategy that has worked in other places across the country and around the world, and that’s fully decriminalizing adult consensual sex work.” Advocates for the bill believe it would protect adult sex workers who are consensually engaging in the practice by allowing them to better vet potential clients and report instances of abuse, which they say is critical because between 45%-75% of sex workers experience violence while engaging in the profession, a study by the American Journal of Public Health found. The proposed bill would not alter or diminish criminal penalties for those engaging in sex trafficking or who abuse sex workers but would seek to alter prostitution offenses which currently range from a Class A misdemeanor to a felony depending on the circumstances and the individuals criminal history since being amended in 2013.
Massachusetts Prosecutors Seek Harsher Punishments for Those who Solicit Prostitutes
In contrast to the proposed Illinois law decriminalizing those who offer sexual services for money, prosecutors in Massachusetts recently appealed to the Massachusetts Supreme Court to allow them to charge all individuals who solicit said services to be treated as engaging in “sex trafficking”, a charge which carries much harsher penalties. The appeal stems from a 2021 prostitution “sting” operation conducted by state police in which they arrested individuals who responded to and tried to meet law enforcement posing as adult prostitutes through online advertisements. While this type of operation is not uncommon for law enforcement, prosecutors tried to charge those arrested as engaging in “sex trafficking” rather than a “solicitation” charge that would typically be charged for someone engaging in this behavior. While the difference may seem semantic, a sex trafficking charge in the state is a felony and is punishable by at least 5 years in prison (without eligibility for parole, probation, or work release) in contrast to the typical misdemeanor solicitation charge which has far less severe punishments. The initial trial court judge dismissed the sex trafficking charges, saying, “[T]here was no evidence that any of the Defendants knowingly enabled or caused, or attempted to enable or cause, another person to engage in commercial sexual activity” as the statute required. After an appellate court affirmed the dismissal, the Massachusetts Supreme Court heard oral arguments earlier this month, in which one judge succinctly inquired, “So every John is a sex trafficker?” under the prosecution’s theory of the case, to which the prosecution simply replied, “Yes, your honor.” Such a drastic change in how prostitution cases are prosecuted has been gaining traction in the United States, with Maine already adopting this “Nordic Model” of regulating prostitution in which only those who solicit said services are subject to criminal punishment and not those who offer said services. In other words the “Johns” would be punished, but not the prostitutes. While any decision by the Massachusetts Supreme Court would only apply to that state, it could be a signal of things to come in other states which could be influenced by the wider adoption of such a statutory interpretation, potentially subjecting many others to harsher punishments in the future. In contrast to what some advocates are seeking in reforms to protect consenting adult sex workers or prostitutes, the practice of escalating and more severe punishments has the potential to drive the industry further underground by dissuading potential customers from engaging in practices that allow vetting and protections for those involved in the industry lest they find themselves subject to a similar “sting” operation. These contrasting, yet illustrative cases make clear that there are changing attitudes to how to prosecute and/ or criminalize those who engage in the sex work industry. Anyone accused of a sex crime should make sure that they have quality representation who can guide them through the changing legal landscape.