DECRIMINALIZATION—A Guide to the Basics

Definitions-

Prostituted Individual (“PI”): a person involved in prostitution providing sex/sexual services for a fee.

Sex Buyer (“SB”): a.k.a. ‘Johns’ – a person paying a fee for sex/sexual services.

Traffickers: persons using force, fraud or coercion to cause adults or causing minors to engage in sex/sexual services for a fee.

Good Samaritan Laws: these laws allow a PI to report violence or other crime against her or him to law enforcement—such as an attack from a sex buyer—without fear or arrest or other repercussions for admitting to an illegal act of prostitution when making the report.

1. Status Quo (A.K.A. Prohibitionism or Criminalization): 

At present, this is the dominant model in the United States. This model criminalizes both Prostituted Individuals (PIs) and Sex Buyers (SBs), both PIs and SBs can be/are arrested and prosecuted, and penalties are roughly the same for both PIs and SBs. Arrests of PIs are routine and are usually much more frequent than arrests of SBs. Human trafficking/pimping is illegal.

·  Prostitution is illegal

·  Penalties are usually the same for sex buyers and prostituted individuals

·  Typically, prostituted individuals are arrested more often than sex buyers

2. Agency Model (A.K.A. Accountability Model, the Public Safety Model or the Texas Model): 

This model criminalizes both PIs and SBs and both PIs and SBs can be arrested and prosecuted; however, penalties are not equal and SB arrests are prioritized over PI arrests. PI arrests are usually connected with a public safety issue such as persistent, intense street-level activity in certain areas, or in connection with specific anti-trafficking operations. Penalties are higher for SBs than they are for PIs and PIs usually have additional options post-arrest, such as probation or diversion programs. Human trafficking/pimping remains illegal. This is the model in Texas. 

·  Prostitution is illegal

·  Penalties are higher for sex buyers and lower for prostituted individuals

·  Sex buyer arrests are prioritized

·  Sentencing/punishment alternatives are usually available for prostituted individuals

3. Nordic Model (A.K.A. the Swedish Model or the Equality Model): 

Offering sex for a fee is decriminalized, meaning that PIs can no longer be arrested or prosecuted for engaging in prostitution. However, buying sex remains illegal and SB arrests are prioritized as are arrests of sex traffickers. Although the Nordic Model decriminalizes PIs, it also recognizes that prostitution is inherently dangerous and is usually not committed entirely voluntarily. Accordingly, robust social programs are provided by the government to help PIs exit the life. Sweden (1999), Norway (2009), Iceland (2009), Canada (2014), Northern Ireland (2015), France (2016), Ireland (2017), and Israel (2018) have adopted the Nordic Model.

• ONLY purchasing sex is illegal
• Penalties are raised for sex buyers and prostituted individuals cannot be charged or prosecuted
• Sex buyer arrests are prioritized
• Robust government services are available to help people exit the life

4. Legalization: 

Prostitution is made completely legal and is treated by the government as an occupation and activity that is the same as any other legal occupation or business. Prostitution is regulated by the government; this often includes some type of licensing or registration for people engaging in prostitution. Usually, all laws that generally apply to businesses and occupations will also apply to those engaging in prostitution and new laws to regulate it as a legal occupation will be put in place. The word ‘prostitution’ is no longer used and is usually replaced with ‘sex work.’ Human trafficking/pimping remains illegal.

• Prostitution does not legally exist—it is replaced with sex work
• Sex work is legal and regulated by the government

5. Decriminalization: 

Unlike Legalization, the Decriminalization Model does not legalize prostitution, instead it simply removes all laws that penalize PIs and SBs. Under the Decriminalization Model, neither SBs nor PIs can be arrested/prosecuted for offering or purchasing sex or sexual services because this activity is no longer illegal. Because prostitution is not expressly legalized, existing laws that apply to businesses and occupations will usually not apply to those in the life. The word ‘prostitution’ is discouraged and is usually replaced with the term ‘sex work.’ Human trafficking/pimping remains illegal, but it is unlikely that many cases against traffickers will be developed.

• All laws criminalizing prostitution are repealed
• A person can offer sex for a fee or purchase sex (from an adult) with no fear of criminal consequences

De Facto Decriminalization: 

This isn’t a model so much as it is a trend occurring in large cities, including Los Angeles and New York. 

De facto decriminalization occurs when a district attorney enacts a local policy of not prosecuting PIs or SBs. While prostitution remains illegal under the law, these laws are not enforced, and very few PIs or SBs will be arrested for the act of prostitution, and few or none will be prosecuted. Human trafficking/pimping remains illegal, but it is unlikely that many cases against traffickers will be developed.

• All laws criminalizing prostitution are still in effect but are ignored by D.A.s and prosecuting attorneys in a given geographical area
• A person can offer sex for a fee or purchase sex (from an adult) with little fear of criminal consequences as an arrest will not lead to charges

*Decriminalization: A Guide to the Basics; Content Courtesy of NCOSE & Dr. Stephany Powell; 2023