Crime-based and carceral legal regimes shape sexual harm by structuring how consent is negotiated, enforced and recognized. Using a social harm framework, this study examines sex work not as an exceptional case but as a critical site for analysing how crime-based governance operates through the interaction of sex work law and sexual violence law to structure vulnerability and access to justice. Drawing on survey data from 483 sex workers and former sex workers and 41 interviews across four legal regimes-criminalization (United States), partial criminalization (Great Britain), legalization (Nevada) and decriminalization (Aotearoa New Zealand)-we analyse negotiations of conditional and dynamic consent. We show that criminalized and partially criminalized regimes do not merely fail to prevent harm; they actively produce it by restricting communication, collective safety and legal redress. Common violations, particularly stealthing and non-payment, are widespread yet routinely misrecognized as legally actionable harm. Decriminalization improves risk management, recognition and access to redress but does not eliminate harm due to enduring limits of crime-based sexual violence law. These findings show how carceral governance narrows legally recognizable harm and shifts responsibility for safety onto individuals.

Abstract In this chapter, we examine how sex workers learn to negotiate with clients and how they set and maintain boundaries within commercial sex transactions. Expectations for a commercial sex transaction in terms of what services will and will not be provided are set up in the negotiation process. This negotiation constitutes a verbal contract which, in most instances, is adhered to. However, some clients try to push the boundaries of the contract. In some cases, sex workers consider the boundary crossing to be minor and make the decision to accommodate the breach. In other cases, the terms of the contract are themselves breached, and the service becomes non-consensual.

Abstract This chapter explores two primary questions: What range of unwanted contact incidents do sex workers most frequently encounter? Moreover, how does the law influence their understanding, interpretation, and definition of these incidents? We highlight the concept of transactional legal consciousness, distinguishing it from rape consciousness, to explain how sex workers perceive violations within the negotiated context of selling sex. The chapter analyses qualitative and quantitative data on common types of violations, such as payment issues and stealthing, and less common violations involving injury. It also examines the role of legal alienation in shaping sex workers’ responses. The chapter first defines and categorises types of violations, then explores sex workers’ perceptions and interpretations, and finally discusses the implications of transactional legal consciousness in managing these experiences.

Abstract This chapter lays out the various formal laws, legal regulations and court cases that directly concern prostitution, sexual violence, workers’ rights, and criminal justice processes, as pertinent to addressing unwanted sexual contact in the context of sex work. We discuss the formal law for each of our case-study jurisdictions: the UK (England and Wales, Scotland and Northern Ireland), Aotearoa New Zealand, and the USA (including Nevada, the only state where legal brothels exist). These details provide a legal backdrop for the empirical chapters that follow, which explore whether and how the legislative context affects sex workers’ attitudes, perceptions of, and behaviours towards the formal law and their experiences of the law.

Abstract In this chapter, we examine how sex workers interact with the criminal legal system, focusing on the challenges they face in reporting violations and seeking justice. Research shows that sex workers rarely engage with the police and broader criminal justice system, facing injustices, discrimination, and limited access to justice worldwide. To advance knowledge and discussions, we aim to uncover the nuances and consequences of different governance models and assess how sex workers mobilise the law for their assistance. We explore variations in confidence in the police among sex workers across our case-study jurisdictions. For those who have engaged with the criminal justice system, we examine their experiences with police and court processes. We also investigate why sex workers withdraw from the criminal justice system and sometimes prefer other forms of intervention. Finally, we identify the most favourable conditions for sex workers to engage with police and the criminal justice system, highlighting best practices and trauma-informed interventions. As in previous chapters, we analyse these findings through the lens of legal consciousness. We focus on how sex workers’ understanding of formal law, especially their willingness to seek formal redress, is influenced by the perceptions and responses of other actors, such as fellow sex workers, brothel staff, police, and judicial system actors (Young in Law & Society Review 48(3):499–530, 2014).

Abstract The concluding chapter synthesises the findings from the entire book, emphasising the need for legal frameworks that respect the dynamic nature of consent in sex work. It highlights the disparities between legal definitions and the lived realities of sex workers, calling for inclusive policies that empower sex workers and enhance their safety. The chapter addresses the key themes of empowerment, peer communication, and opportunities for learning, as crucial elements for managing and responding to unwanted sexual contact. The chapter structure follows a comprehensive summary of key findings, a discussion of the implications for policy and practice, and final recommendations for legal reforms and support mechanisms.

Abstract In this chapter, we report on sex workers’ responses to incidents of unwanted contact—such as the removal of a condom, non-payment, or other client behaviours that crossed their boundaries. We examine the actions sex workers take during and after these violations, exploring their motivations and the influence of formal law, workplace rules, and social norms. We analyse the factors that lead sex workers to various responses and how their reactions differ based on the legal context and the sex market they operate in. Survey responses reveal that sex workers rarely seek statutory support services. We explore how their legal consciousness shapes their individual actions and intersects with workplace responses. This analysis highlights the dynamics between sex workers’ understanding of formal law, workplace policies and culture, and the informal norms.

Abstract In this chapter we outline the details of the study. We explain the methodological decisions around methods, recruitment, and analysis. This chapter shows clearly the trauma-informed design which underpins this study given the subject of sexual violence. We detail the ethical principles of the project which is reinforced through the participatory action learning approach. The interviews conducted are explained and the cross-national survey. We also share the full socio-demographics of both the survey and interviews for full transparency and cross reference with the content of the book.

While there is no attempt here to connect commercial sex with violence intrinsically, types of harms and violence are often experienced by those working in the sex industry. Yet, sex workers often have negative perceptions and experiences of the criminal justice systems that should exist to help protect and deliver justice to all victims/survivors. The following analyses come from a mixed-methods, cross-national study exploring sexual violations and harms in direct sex work. This article focuses specifically on UK sex workers’ experiences of justice from deciding whether or not to report to the police, criminal investigations and court hearings. Findings highlight the specific barriers faced by sex workers in their pursuit of justice via the judiciary system. Some positive experiences and outcomes through criminal proceedings are also reported and provide opportunities to learn from best practice.

Abstract This book examines how sex workers navigate different legal environments—criminalised, partially criminalised, legalised, and decriminalised—and how these contexts influence their experiences and definitions of sexual violence and unwanted sexual contact. In this chapter, we introduce the book’s main goals and foundational concepts. We start by outlining the research aims of the study that informs this book, and the importance of understanding how sex workers navigate legal systems. Next, the chapter explores the varied definitions and interpretations of sexual violence and consent. Following this, we discuss the concept of legal consciousness, focusing on how sex workers perceive, understand, and interact with the law. The chapter differentiates between formal laws, workplace rules, and informal norms, explaining how these distinctions shape the interpretation of our research findings. We then review the research methods used, before concluding with an overview of the chapters for the rest of the book.

Sex work has undergone a change, with the rise of the internet economy with more ‘middle class’ sex workers coming into the industry. In this paper, I explore the social status hierarchy within online direct-contact commercial sex work in New Zealand. I draw on findings from an in-depth qualitative investigation of online sex work, undertaken between 2017 and 2018. I took a participatory approach, working closely with NZPC – Aotearoa New Zealand Sex Workers’ Collective to provide an understanding of two interrelated issues: the role web platforms play in shaping the social status of sex workers who advertise for clients online; and how sex workers brand and market themselves online. The findings suggest that sex workers strive to represent themselves as authentic in their marketing to enhance social status. Furthermore, the web platform on which over 90% of indoor sex workers in New Zealand advertise has embedded a status system among sex workers through the advertising packages they offer. Social status has thus become the most powerful marketing tool indoor direct-contact sex workers have to stand out from their competitors and attract sufficient clients to make a liveable income.

Critical health literacy (CHL) and more specifically the development of young people's CHL in school-based health education is an under-explored area in research. This is despite health literacy being viewed as a critical determinant of health in contemporary times (World Health Organization. (2016a). The mandate for health literacy. https://www.who.int/health promotion/conferences/9gchp/health-literacy/en/) and the ever-growing recognition of the need for people to be critical consumers and producers of knowledge in the twenty-first century. In this paper, we present findings from a qualitative study which explored the learning experiences and outcomes of senior secondary school-based health education in Aotearoa New Zealand. We conducted a deductive thematic analysis based upon a range of authors' descriptions of the components of CHL. Our findings indicate multiple ways in which health education has the potential to connect to the development of OIL, with these organized into four themes: Taking individual and collective action to promote health, interpersonal awareness and skills, knowledge of community and political structures and sodas determinants of health, critical thinking and appraisal of health-related information. We conclude the paper with implications for policy and practice relating to CHL in our complex times, as well as avenues for future inquiry in this under-researched area.

INTRODUCTION Qualitative research aimed at understanding the decline in youth drinking has so far been hampered by a lack of baseline data for comparison. This New Zealand study overcomes this limitation by comparing archival qualitative data collected at the height of youth drinking (1999-2001) with contemporary data collected for this study (June-October 2022). The aim is to explore changes in the function and social meaning of alcohol use (and non-use) for two cohorts about 20 years apart. METHODS Both archival and contemporary data were collected from 14 to 17 year old secondary school students (years 10-12) through individual and small-group/pair interviews in matched suburban co-ed schools. Interviews explored friendships, lifestyles, romantic relationships and experiences and perceptions of substance use and non-use. RESULTS AND DISCUSSION Comparative analysis highlighted changes that may help to explain the decline in youth drinking, including an increased value placed on personal choice and acceptance of diversity; decreased face-to-face socialising and the emergence of social media as a central feature of adolescent social life, perhaps displacing key functions of drinking and partying; increased pervasiveness of risk discourses and increased awareness of health and social risks of alcohol; and increased framing of alcohol use as a coping mechanism by both drinkers and non-drinkers. CONCLUSIONS Collectively, these changes appear to have shifted the social position of drinking from an almost compulsory component of adolescent social life in 1999-2001, to an optional activity that many contemporary adolescents perceive to have high risks and few benefits.

BACKGROUND:Globally, the most important human rights and public health issue that sex workers face is their experience of high levels of violence (Kinnell, 2006, Kinnell, 2008, Alexander, 1999). Deering's systematic review estimated levels of sexual violence in sex working populations as being between 14% and 54% (Deering et al, 2014).AIMS:This international, robust mixed methods study will explore the frequency of sexual violence against sex workers, barriers in criminal justice and the legal consciousness of sex workers regarding their rights and consent. The hypothesis to be tested is that the safety of sex workers from sexual violence is mediated by the differing legal contexts of sex work environments. We will compare experiences across research sites in the context of legalisation (Nevada USA), client criminalisation (Northern Ireland), decriminalisation (New Zealand) and partial criminalisation (England, Scotland and Wales) [henceforth ESW].METHODS:An international survey (n = 1,000) will be translated into several languages, to disaggregate experiences by demographic categories (gender, ethnicity, sexual orientation) and sex work sector (including online, street-based and brothels). Interviews (n = 100) with sex workers, police, prosecutors and service providers will be thematically analysed to explore legal consciousness, why the patterns occur and contextualise the statistical findings. These data will be supplemented with comparative legislative, policy and case analysis. Research study data will be used to compare the social factors and legal norms shaping sex workers experiences of sexual violence, justice and support interventions. Recommendations for a 'best practice' review of legal improvements and support interventions will be produced following completion of the study. Given the sensitive nature of the research, robust ethical and data protection mechanisms are in place. The research has ethical approval from each research site, an Advisory Board and trained, paid peer researchers to assist with data gathering, analysis and dissemination. The study will report findings in 2023/2024.

New Zealand decriminalized sex work in 2004 with the passage of the Prostitution Reform Act (2003), which sets an explicit intention to prevent exploitation of sex workers and improve their welfare. This has demonstrably improved conditions for sex workers and provides a necessary context for addressing exploitation. However, little research has looked at how this works for brothel-based sex workers in New Zealand. This paper responds to that gap by examining how brothel operators in New Zealand exercise power and control and how sex workers experience that. The study draws on in-depth interviews conducted across New Zealand with 33 participants. These include staff from the New Zealand Sex Workers' Collective (2), brothel-based sex workers (18), operators (8), and sex worker/operators (5). We use a Foucauldian framework and Foucauldian Discourse Analysis to examine how disciplinary power informs brothel management, prompting the production of normative discourses of work that destabilize sex workers' safety at work. We conclude that decriminalization nevertheless provides an essential framework by which sex workers are able to resist disciplinary control (W/C 171).

Children’s community nutrition environments are an important contributor to childhood obesity rates worldwide. This study aimed to measure the type of food outlets on children’s journeys to or from school, children’s food purchasing and consumption, and to determine differences by ethnicity and socioeconomic status. In this New Zealand study, we analysed photographic images of the journey to or from school from a sample of 147 children aged 11–13 years who wore an Autographer camera which recorded images every 7 s. A total of 444 journeys to or from school were included in the analysis. Camera images captured food outlets in 48% of journeys that had a component of active travel and 20% of journeys by vehicle. Children who used active travel modes had greater odds of exposure to unhealthy food outlets than children who used motorised modes; odds ratio 4.2 (95% CI 1.2–14.4). There were 82 instances of food purchases recorded, 84.1% of which were for discretionary foods. Of the 73 food and drink consumption occasions, 94.5% were for discretionary food or drink. Children on their journeys to or from school are frequently exposed to unhealthy food outlets. Policy interventions are recommended to limit the availability of unhealthy food outlets on school routes.

Sex work is decriminalised in Aotearoa New Zealand and so brothels are deemed a 'businesses like any other' in the eyes of the law. We interviewed 14 brothel operators in this study to understand whether they were able to run their 'business like any other'. Similar to any other business owners, local authorities require brothel operators to run their businesses in accordance with the local district plan. Institutions such as banks and insurance companies, however, have policies which discriminate against brothel owners, and this presents a barrier to running their business like any other. Brothels continue to be seen as discreditable businesses in a decriminalised context and brothel operators internalise this stigma. More effort is needed to reduce stigma and discriminatory practices. The inclusion of the prevention of discrimination on the basis of occupation in New Zealand's Human Rights Act should be the first step. This could better allow brothel operators to run their business like any other in the 'mainstream' economy.

BACKGROUND:The United Nations Convention on the Rights of the Child confirms a child's right to adequate food, and to the highest attainable standard of health. For indigenous children, these rights are also recognised in the UN Declaration on the Rights of Indigenous Peoples. However, Indigenous children endure higher rates of obesity and related health conditions than non-indigenous children, including in Aotearoa New Zealand (NZ). For indigenous tamariki (Māori children) in NZ, high levels of obesity are interconnected with high rates of food insecurity. Therefore there is a need for action. This study aimed to investigate policy options that would safeguard the rights of indigenous children to healthy food. We explored with key stakeholder's policy options to ensure the rights of indigenous children to healthy food, through a case study of the rights of tamariki. METHODS:Interviews were conducted with 15 key stakeholders, with experience in research, development or delivery of policies to safeguard the rights of tamariki to healthy food. Iterative thematic analysis of the transcripts identified both deductive themes informed by Kaupapa Māori theory and literature on rights-based approaches and inductive themes from the interviews. RESULTS:The analysis suggests that to ensure the right to adequate food and to healthy food availability for tamariki, there needs to be: a comprehensive policy response that supports children's rights; an end to child poverty; food provision and food policy in schools; local government policy to promote healthy food availability; and stronger Māori voices and values in decision-making. CONCLUSIONS:The right to food for indigenous children, is linked to political and economic systems that are an outcome of colonisation. A decolonising approach where Māori voices and values are central within NZ policies and policy-making processes is needed. Given the importance of food to health, a broad policy approach from the NZ government to ensure the right to adequate food is urgent. This includes economic policies to end child poverty and specific strategies such as food provision and food policy in schools. The role of Iwi (tribes) and local governments needs to be further explored if we are to improve the right to adequate food within regions of NZ.

Decriminalisation is arguably essential to protecting the human rights of sex workers. Nonetheless, there are suggestions that decriminalisation has less influence on sex workers' experiences of working than many assume. This paper explores management practices in brothels in the context of decriminalisation in New Zealand, focusing on sex workers' employment status, managerial control and agency. We interviewed 14 brothel operators and 17 brothel-based sex workers in this study. The findings suggest that there remain challenges for sex workers in that brothel operators treated them as employees rather than independent contractors. Brothel operators retained control over shift times and pricing of services, and working conditions were unclear. Most sex workers understood their rights, but when operators impinged on their rights, it was often more expedient to move place of work than make an official complaint. However, decriminalisation did have a meaningful impact on the way sex workers negotiated potentially exploitative dimensions of brothel-based work. Decriminalisation has provided the context where it is possible for sex workers to experience safer and more supportive work environments than they otherwise might, where they can (and sometimes do) contest managerial control.