8.5 Sex Work and Sex Trafficking

Sex work participation is higher for populations experiencing family violence, intimate partner violence, poverty, and housing instability. With seemingly few options for employment, furthering formal education, or ensuring their welfare in a safe environment, the only choice is sex in exchange for food, shelter, and safety. A small portion of sex workers may have other options but are drawn in by an income higher than they can achieve in other industries. This section will also discuss the legality of sex work and differences in how sex work is defined.

8.5.1 Diverse Definitions

What is sex work, and how does the government, including legal agencies, define it? The state of Oregon defines terms such as “prostitute,” “sexual conduct,” and others related to sex work and sex trafficking in the Oregon Revised Statues, Volume 4, Title 16, Chapter 167 Offenses Against General Welfare and Animals. Sex work is often defined as sexual contact in exchange for money, property, food, or safety. Although many states have their own definitions of prostitution and sex work, legal definitions are highly similar. Human trafficking is defined on the federal level as “a crime that involves exploiting a person for labor, services, or commercial sex” (DOJ N.d.).

There are different names for different types of sex work. Streetwalkers (also called street prostitutes) typically find their customers or are found by their customers somewhere on the street. They then have a quick act of sex in the customer’s car, in an alleyway or other secluded spot, or a cheap hotel. Although streetwalkers are the subjects in most studies of prostitutes, they, in fact, compose only about one-fifth of all prostitutes (Weitzer, 2012).

Call girls work as independent operators in their homes or fancy hotels and charge a lot of money for their services, which include sex but also talking and dining. Escorts work for escort agencies, which often advertise heavily in phone books and on the Internet. They may operate out of an apartment rented by their agency or come to a client’s hotel room or other location.

Brothel workers, as the name implies, are prostitutes who work in brothels. Massage parlor workers, as their name implies, work in massage parlors. Many massage parlors, of course, involve no prostitution at all and are entirely legal. However, some massage parlors are fronts for prostitution, where the prostitute masturbates a man and brings him to a “happy ending.” A final category of prostitution involves prostitutes who work in bars, casinos, or similar establishments (bar or casino workers). They make contact with customers in these settings and then have sex with them elsewhere.

8.5.2 Legality

While federal laws on human trafficking exist, unique definitions and particular variations of sex industry crimes and their violations are designated at the state level. In Oregon, prostitution is a Class A misdemeanor with penalties of up to $6,250 and a year in jail. This covers not only the act of paid sexual contact but includes offering or agreeing to it. Human trafficking for sex, known in Oregon law as “compelling prostitution” is coercing, forcing, or aiding the prostitution of another person. Violations for compelling prostitution are Class B felonies, which incur much longer sentences and monetary fines (OregonLaws N.d.).

A unique exception to common laws against prostitution is found in Nevada. Although the state of Nevada prohibits prostitution in most places, houses of prostitution are establishments where prostitution is legal. Sex workers are typically required to pay much (up to 80% in some cases) of their earnings to the establishment, pay for their room and board, and pay for routine disease testing. Nevada has a history of legal male sex workers for heterosexual and homosexual experiences, yet the industry is heavily focused on heterosexual male experiences. Clients looking for males or transgender people are few, so while they do exist throughout the establishments, they have a difficult time making a living in Nevada’s legal brothels.

8.5.3 Lack of Healthcare and Benefits

Prostitution, human trafficking, and other crimes related to sex work creates a population at high risk for poor health outcomes. Research finds that “Transgender sex workers are a vulnerable group within the transgender population, who are at increased risk” (Van Schuylenbergh et al. 2019:388) for poor health outcomes. Due to the illegal nature of sex work, health insurance is not commonly available. Social factors, including violence, drug use, poverty, and social stigma mean healthcare support is not easily accessed. The prevalence of unintended pregnancy as well as sexually transmitted and other diseases, including HIV, are high. Due to the high-risk health factors, pregnant sex workers and their babies are more likely to experience adverse health issues. When sex workers do seek medical care, they often experience discrimination from providers (Singer et al. 2021). Lack of empathetic care means sex workers often resist seeking medical services. Compassionately addressing mental and physical health issues gives sex workers, who typically come from a low socio-economic class, a chance at better life outcomes.

Sex workers’ rights and eligibility for workplace benefits have also been long-standing issues. Single-parent sex workers are especially in need of family healthcare and other family leave benefits similar to any other profession. For instance, strip clubs not wanting to pay for health insurance or other benefits may consider strippers independent contractors; not eligible for sick leave or mandatory wage minimums. Strippers are often exploited by management and owners who pay out sub-par wages or tips, yet regulate work hours and settings. The court system has recognized changing norms in the stripping and exotic dancing professions, finding in favor of dancers’ concerns.

8.5.4 Activity: The Naked Bike Ride

Oregon, known for its high number of strip clubs, is pushing the boundaries for its acceptance of sex workers. This is primarily due to the fact that Oregon’s freedom of speech laws are broader than other states. Even with higher levels of strip clubs per population than in other major cities, gender stigmas persist in everyday life.

Double standards exist for men and women in society for sexual interactions. Women are expected to be sexy and alluring, yet considered slutty or undesirable if they do engage in sex. This is especially true when it comes to sexual relations for a fee. Sex workers, mostly female, face high levels of mental health problems due to societal stigma related to their profession (Treloar et al. 2021).

Oregon’s long-standing acceptance of freedom of speech, including expression, is reflected in the yearly World Naked Bike Ride. Starting in 2004 as support for environmental concerns, upwards of 10,000 people ride naked throughout the streets of Portland (PDXWNBR N.d.). Police regulate this legally protected activity, also advertised as family-friendly, as the Oregon constitution clarifies the differences between freedom of expression and lewdness. Although Oregon has a broad basis for freedom of expression for strip clubs, gender norms and perceptions found across the United States cannot be avoided.

Discussion questions:

How is nudity regulated or socially accepted in your community?

How do civil, political, and social rights play a part in regulating sexuality versus body identity in society?

8.5.5 Gender Identity and Roles in Sex Work

The strip club industry’s patriarchal power structure is largely upheld by male strip club managers or owners employing mainly female workers. Due to the illegal nature of sex work and cultural norms about sex, solid data on participation by gender in the sex industry is difficult to pin down. One study states “80 percent of the world population of prostitutes are female and range in age between 13-25” (Procon.org 2018). The power of men controlling women’s bodies and lives is the root of this trade.

The concept of male sex workers is generally not well recognized throughout society. Changing societal gender norms to include male sex workers was reflected in Nevada’s legalized prostitution regulations. Historically, prostitutes were legally required to show proof of routine cervical screenings for sexually transmitted diseases, thus complicating licensing for people without a cervix. In 2010, legal wording was changed to specify medical requirements for biological females without a cervix or those who are biologically male (Department of Health and Human Services Nevada Division of Public and Behavioral Health N.d.). Even with this recognition, the media’s representation of female prostitutes and male customers is the norm, further perpetuating gender roles in the sex industry.

Sex workers are people with families too, which is not often portrayed in the media. All gender sex workers can share the parental role. Globally, children of sex workers are at an increased risk of exposure to harmful adult behaviors such as drug use and may be groomed to become sex workers themselves. (Beard et al. 2010). Recognizing sex workers as parents and workers worthy of employment benefits such as healthcare and family leave can positively affect their life outcomes.

8.5.6 Sex Work Stereotypes

Changing cultural attitudes about sex have led to changes in the sex industry. Traditional stereotypes support ideas of mostly males frequenting strip clubs or hiring sex workers. These beliefs are normalized in media. The movie “Pretty Woman” starring Julia Roberts and Richard Gere in 1990 is about a wealthy White male businessman (Gere) picking up a prostitute (Roberts). Men paying for sex with women has become a socially-acceptable romantic and non-violent storyline. But this is not typically the case for everyday sex workers. “These women frequently experience violence in various forms, and most report multiple traumatic experiences, both during their developmental years and while working in the industry” (Anklesaria and Gentile 2012:27).

Male and transgender sex workers are seeing increasing representation in movies and television. 2022 saw the movie “Good Luck to You, Leo Grande,” starring Emma Thompson as a woman in her early 60s who hires a mid-20-year-old male sex worker. Male prostitutes in media have shifted from sidelined characters toward a representation of real people’s lives and experiences.

8.5.7 Hierachy of Sex Work

Only about 1-2 million people (about .003% of the population) in the United States are estimated to work in the sex industry. Transgender people are heavily overrepresented in this work category according to a recent survey on Transgender in society, finding “One in eight (12%) respondents have done sex work for income at some point in their lifetime, meaning that they have exchanged sex or sexual activity for money or worked in the sex industry, such as in erotic dancing, webcam work, or pornography” (James et al., 2016:14). Transgender women color, specifically Black women, are disproportionately part of sex work for income.

Much like other workplaces, the sex industry itself has a hierarchy. As one stripper explains in an article about her experiences, “The whorearchy is arranged according to intimacy of contact with clients and police. The closer to both you are, the closer you are to the bottom” (Knox 2014). This means online performers, who have no physical contact with those who pay to view them, reside close to the top of the pyramid. Online workers who are not forced or trafficked into the work maintain a curtain of safety against contracting diseases and direct physical abuse. They are also not likely to have regular contact with law enforcement, thus putting them at the top of the rankings.

Workers with a semblance of choice in their schedule, rates, and body contact levels, such as exotic dancers, strippers, and escorts, are mid-level. Workers who have bodily contact with customers and frequent interactions with law enforcement are seen as on the low end of the sex work hierarchy (Toubiana and Ruebottom 2022). Street prostitutes are much more likely to encounter violence and drug abuse than sex workers in upper levels of the hierarchy.

8.5.8 Sex Tourism and Strip Clubs

Oregon is a leader in the U.S. strip club industry. In the 1960s-70s, Portland, Oregon followed national trends toward fully nude dancing. A landmark case in 1987, State v. Henry, solidified freedom of speech in Oregon. The law opened the door, so to speak, to the acceptance of strip clubs in Oregon by confirming first amendment rights include nudity as an expression of free speech. Portland has been nationally recognized for its strip clubs, even showing up as a strip club destination for tourists in popular travel guides.

Today, strip clubs, and the sex industry in general, are diversifying to expand their clientele. Similar to other sectors, they suffer from economic fluctuations. Sex enhancement products such as lotions and services catering to women have increased in the last 15 years. Straying from a traditional strip club format to a more entertainment-style burlesque show has been essential in keeping in-person businesses alive.

8.5.9 Trafficked for Domestic and Sex Work

We have discussed how people are forced into sex work, yet there are other types of forced labor in various industries. The second most common type of human trafficking is domestic labor. The National Human Trafficking Hotline defines human trafficking for domestic work as “A domestic work situation becomes trafficking when the employer uses force, fraud, or coercion to maintain e worker and to cause the worker to believe that he or she has no other choice but to continue with the work” (National Human Trafficking Hotline N.d.) Most trafficked in this industry are adult women.

There are many myths about how someone ends up trafficked, including being kidnapped on the street and transported somewhere for sex crimes. This is not always the case. People often turn to domestic labor because they lack other options for access to resources such as housing, food, or personal safety. Sometimes the forced labor includes sex work. It is essential to remember that anyone can be trafficked regardless of gender, age, income, education, or other demographics.

8.5.10 Licenses and Attributions for Sex Work and Sex Trafficking

Second paragraph, second sentence through last sentence from “Diverse Definitions” are modified from “9.4 Prostitution” by University of Minnesota in Social Problems, which is licensed under CC BY 4.0. Access for free at https://open.lib.umn.edu/socialproblems/chapter/9-4-prostitution/; all other content in this section is original content by Jane Forbes and licensed under CC BY 4.0.

“Sex Work and Sex Trafficking” by Jane Forbes is licensed under CC BY 4.0.

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Sociology of Gender Copyright © by Heidi Esbensen. All Rights Reserved.

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