Sex workers have long faced discrimination under the law, but SMLS hopes that this will improve after sex work was decriminalised in Victoria in late 2023.
The changes aim to provide for the reduction of discrimination and harm against sex workers.
In the past, the sex work industry operated under a “legalised model” where some forms of sex work such as work through registered brothels and escort agencies were legal and others such as street sex work were not.
Sex workers face a wide range of barriers to accessing justice, both as victims of crime and when charged with crime.
When a sex worker reports an alleged offence, at times, it can be taken less seriously than a similar offence committed against someone who is not a sex worker.
This change is incredibly important, particularly given the decriminalisation of sex work is recognised as a human rights issue. As former Victorian Government Minister for Workplace Safety, Ingrid Stitt said when legislation decriminalising sex work in Victoria was passed:
“Decriminalising sex work will improve sex workers’ access to services that all workers have the right to – a safe workplace, healthcare and legal help.”
SMLS currently support clients who are sex workers with a number of legal issues, including Victims of Crime Assistance Tribunal (VOCAT) applications and employment and discrimination. We hope that the decriminalisation of sex work will mean more workers will feel comfortable approaching our service and other legal, health and support services too.
Sex work is now known as “commercial sexual services” and the Crimes Act 1958. Section 35(1) defines it as services involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others for—
1. commercial benefit; or
2. payment; or
3. reward (including the supply of a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981—
whether or not the commercial benefit, payment or reward accrues to, or is given to, the person providing the services or to another person.
Advocacy for clients who work in the sex industry is a longstanding and ongoing issue. Community legal centres have joined a long list of groups who support the decriminalisation of sex work. Sex workers have been courageously advocating for this change for many years. We also recognise the significant ongoing assistance and advocacy of the Sex Worker Legal Program at Southside Justice.
SMLS hopes the decriminalisation of sex work in Victoria will help shape new and more expansive case law. Sex workers are entitled to workplace rights and legal protections, particularly when it comes to violence in the workplace for crimes like sexual assault.
SMLS hopes that former Minister Stitt’s words ring true in that this decriminalisation will be a step towards improving access to services for sex workers that all workers have the right to including a safe workplace, free of violence or harassment, and legal help if ever needed.
