Harms of Third Party Criminalisation Under End-Demand Legislation: Undermining Sex Workers’ Safety and Rights, Culture, Health & Sexuality

Bronwyn McBride, Kate Shannon, Alka Murphy, Sherry Wu, Margaret Erickson, Shira M. Goldenberg & Andrea Krüsi, Harms of Third Party Criminalisation Under End-Demand Legislation: Undermining Sex Workers’ Safety and Rights, Culture, Health & Sexuality, (2020) DOI: 10.1080/13691058.2020.1767305

Findings from Advocating Opportunity’s “END DEMAND LITERATURE – DESK REVIEW” (Compiled by: Emily Dunlap, Komal Hans, and Donna Hoffman with contributions from: Kate D’Adamo and Megan K. Mattimoe):

Summary:

“As part of a longstanding community-based study in Vancouver, this analysis drew on 25 in-depth interviews with third parties who provide services for indoor sex workers. We explored how end-demand third-party criminalization shapes indoor sex workers’ working conditions, health and safety. We found that most third parties were women and current/former sex workers, problematizing assumptions of third parties as exploitative male “pimps”. Third parties provided client screening, security and sexual health resources for sex workers, yet end-demand laws restricted condom availability and access to police protections in case of violence, thereby undermining sex workers’ health and safety. Our findings highlight that third party criminalization under end-demand legislation reproduces the unsafe working conditions under the previous laws deemed unconstitutional by Canada’s highest court.” (p. 1).

Findings:
“Participants described providing client screening, security, and sexual health resources for sex workers. They also described how end-demand third-party criminalization hampered sex workers’ working conditions through restricting access to condoms, constraining access to police protections, and promoting the vulnerability of venues to robberies and assaults.” (p. 6) (emphasis added).

“In general, participants highlighted how working indoors with supportive managers conferred security for workers. These insights are powerful given that over half of participants held dual roles as third parties and sex workers and were able to speak from both perspectives.” (p. 9).

“Respondents strongly asserted that working collectively indoors promoted physical and psychological health through maintaining a managed, mutually supportive environment. Sarah, a Canadian-born sex worker and co-manager, powerfully emphasized the security enabled by both her supportive boss and colleagues: ‘Obviously strength in numbers. There’s always security everywhere. I know I have a boss that will have my back no matter what.’ Other sex workers affirmed that others present in the venue enhanced their physical and psychological security. Clients were less likely to violate transaction terms when they knew others were nearby, which helped put workers’ minds at ease.” (p. 8).

Methodology:
For this study, third parties (i.e. venue owners/ managers/ security/ receptionists/ phone handlers) working in massage parlors, beauty parlors and apartments (common indoor environments where sex work takes place across Metro Vancouver) were invited to participate. “Problematizing prominent assumptions that position third parties as exploitative male ‘pimps,’ 17 of the 25 third parties in this study were also current/former sex workers and 22 identified as women. 13 currently held a dual role as a sex worker and third party. Consistent with the broader demographics of indoor sex workers in Metro Vancouver, 17 participants were immigrants born outside of Canada, with nearly half of the sample moving to Canada from China. 23 participants worked in massage parlors or beauty parlors and two worked in apartments (work settings often less likely to be supported by third parties). Participants represented 18 separate sex work venues, but most
discussed their experiences of working in various massage parlors during the interviews. Participants were aged 30–63 (median age: 43), and their sex industry involvement ranged from 18 months to 28 years.” (pp. 5-6)

Trained interviewers conducted semi-structured interviews with 25 participants between July 2017-November 2018 exploring four major topic areas: 1) criminalization and policing post-end- demand law reform), 2) sex workers’ experiences with third parties; 3) access to health and social services, and 4) intersections between sex work and immigration. Interviews took place in a private space in participants’ workplace and were 25 to 105 minutes long.” (p. 5)

Background:
After Canada’s laws criminalizing sex work were struck down by the Supreme Court for violating sex workers’ rights and new end-demand legislation was passed in 2014. These new laws however continue to criminalize sex work third parties (i.e. venue owners/managers) who gain material benefit, despite evidence that managed in-call venues can provide important protections for workers. (Abstract).