This article analyses the criminalisation of sex work as an ecological system of governance, sustained not only through statutory law but also through institutional mandates, funding logics, and cultural ideologies. Drawing on interviews with NGO practitioners in the United Kingdom and United States, and using ecological systems theory, we show how criminalisation operates through networked institutional relations. NGOs, as meso-level actors, mediate between sex-working clients and carceral systems, navigating data-sharing mandates, safeguarding protocols, and exclusionary eligibility rules. We introduce the concept of 'cascading vulnerability' to capture how these interactions can compound risk across ecological levels. Addressing structural exclusion requires engaging the broader architecture of governance, not statutory law alone.

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.

Abstract In the context of a fiercely polarized battle on the correct legal response to prostitution, sex workers and their advocates often advance decriminalization as a policy that can protect rights and provide improved health and safety for those involved in the sex industry. And yet this policy, after an initial implementation in New South Wales in 1995, has failed to gain much legislative support in jurisdictions outside Australia and New Zealand. This article moves beyond normative arguments regarding the benefits and limits of decriminalization. Drawing on governmentality approaches, it asks: What discursive conditions made decriminalization possible? In doing so it examines the construction of sex work as a health problem and the normalization of “sex work,” arguing that both can be grounded in a neoliberal problematic of governance.

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.

It has been well established at a global level that sex workers are often victims of direct violence in the course of their work, targeted by their ‘perceived vulnerability’ as a marginalised group. In one police force in England (Merseyside) since 2006 they have addressed this victimisation through adopting a ‘hate crime’ approach to policing crimes against sex workers. The aims of this paper are first, to review the implementation of the hate crime model applied to crimes against sex workers; second, to explore how police forces are adopting the policy across the UK, and the operational barriers to doing so; and third to explore the legal, theoretical and critical issues raised by treating crimes against sex workers as a type of hate crime through policing models. The conclusion weighs up some of the challenges to expanding the current law to include sex workers as a target group for increased protection, assessing that a fully funded policing approach may well be sufficient alongside law reform around decriminalisation of sex work. This article will draw on data from police forces in England. We acknowledge that much more work is needed to establish the sex work community's views on the value, if any, of the hate crime approach.

Globally, the most important public health issue that sex workers face is their experience of high levels of violence (Kinnell 2006, 2008; Alexander, 1999) with a systematic review estimating levels of sexual violence as being between 15 and 55% (Deering et al, 2014). The overarching question this study seeks to address is how social, legal, and judicial contexts shape the safety and well-being of people engaging in sex work and, in particular, how context shapes experiences of sexual violence. This mixed method research will compare four different legal environments: legalisation (Nevada USA), criminalisation (Northern Ireland), decriminalisation (New Zealand) and partial criminalisation (England and Scotland). Interviews, a survey of sex workers and reviews of legal cases in each jurisdiction will generate empirical data from which to build theory as to: - The relationship between legal consciousness, legal norms, and legal practices and experiences of sexual violence and sexual autonomy in different models of governance;- How marginalised groups (sex workers) interpret the sexual violence they experience, their rights regarding sexual violence, how and whether they seek redress through the criminal justice system, and outcomes in different models of governance;- How various criminal justice institutions respond to sexual violence among various sex-working populations in both theory (law and legal norms re consent) and practice (police actions, reporting systems, court dispensation) in different models of governance;- Differences among groups of sex workers by gender, age, ethnicity, sexual orientation, citizenship, and sex market, especially for trans, MSM sex workers, and migrant communities;- How researchers and expert advisors can work together in the research process to interpret findings and build theory, and empower expert advisors with evidence for better practices; - Generate and disseminate evidence-based information on best practices to help provide justice for sex workers. The research will have 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. It is funded by the Economic and Social Research Council.

The digital revolution has profoundly affected most aspects of life in the industrialized world, including sex work. Today, sexual services are openly advertised online, and many interactions between sex workers and clients take place via the Internet. Indeed, Internet-enabled sex work is a significant sector of the economy in many developed nations. Through careful analysis of data derived from the largest survey ever attempted of online sex workers in the United Kingdom, a better understanding of how the Internet has affected sex work has emerged. The Internet has not only facilitated sexual connections of all kinds but also has significantly shaped the way male independent escorts conduct their business. Despite the manifest advantages of using the Internet in sex work—especially in reaching potential clients and in enabling sex workers to screen them for safety—there are also disadvantages, including time wasted online, increased competition, worries about possible exposure and harassment, and difficulties in securing payment for services rendered. Although male and female sex workers use technology to sell sexual services in similar ways, there are some notable differences. For example, male sex workers are less likely to report crimes to the police and less likely to utilize sex worker forums than female sex workers. These differences may reflect the fact that independent male escorts pursue their profession in greater isolation than female sex workers. Legislation recently enacted in the United States and proposed in the United Kingdom may have major implications for sex workers who use digital technologies. Male sex workers may be forced to advertise their services more discreetly and to use dating apps. Almost certainly, however, the sex industry will continue to exploit the potential of new technologies to advertise and provide its services.

Leigh Goodmark's work on domestic violence argues for alternatives to criminal justice to 'solve' issues of gendered violence. The criminalisation of sex work and prostitution is rarely discussed in this context-a rather odd omission given the increasing trend towards 'criminalising demand' and counter-calls for decriminalisation in this domain. In this article, we bring the two debates into conversation, using Goodmark's work to bring analytical clarity to the prostitution debate and connect sex work to wider social justice debates in feminist anti-violence circles. We aim to move the conversation beyond retribution and the view that law is justice to outline a vision of justice for sex workers grounded in the principles of rights, recognition and representation. By contextualising the decriminalisation of prostitution within the framework of a wider anti-carceral justice movement, we seek to build alliances for social justice that transcend the current divide.