Labeled a Deviant, Labeled a Victim: Fighting for Equality in Sex Work

By C. Robinson

In sociology, we often discuss how certain behaviors get labeled as "deviant" by broader society, and how mechanisms of social control are used to enforce conformity. For centuries, sex work—often called the world's oldest profession—has been a prime target for moral entrepreneurs and social reformers. But behind these legal controls and cultural labels are real people whose safety, autonomy, and livelihoods are directly harmed by the stigma attached to them.

The Roots of Criminalization: From Economic Backbone to Moral Panic

Sex work has generated income for thousands of years, but in North America, the late 19th century marked a dramatic shift. During early settlement and colonization, brothels and gambling houses were actually core drivers of the frontier economy, providing entertainment and community for young settlers. However, as cities grew, moral reformers began targeting the trade under the guise of public health and social order.

In Canada, lawmakers historically tackled sex work not by outlawing the act itself, but by criminalizing everything surrounding it:

• 1867–1869: Early provisions penalized living off the avails of sex work and sought to control young women's entry into the industry.

• 1892–1920: Laws expanded to criminalize street-walking, soliciting, and running a "bawdy house" (brothel).

By criminalizing the environment around sex work, government policies created a legal grey area. In practice, these laws didn't protect women from harm—they disproportionately penalized the very workers they claimed to safeguard.

Across the border, early 20th-century neo-abolitionists labeled sex work "white slavery."

This moral panic was rooted in conservative anxieties over racial mixing, female independence, and non-traditional sexuality. Although the panic was fueled by baseless rumors of widespread kidnapping, the political damage was done. It laid the groundwork for international policies like the UN’s 1949 Convention, which operated on the assumption that no woman could genuinely consent to sex work, effectively framing every worker as an automatic victim needing to be saved—or shut down.

Constitutional Victories and Legislative Setbacks

For decades, advocates fought back against these unconstitutional measures. A major breakthrough came in Canada with Bedford v. Canada (2013). Brought forward by advocates Terri Jean Bedford, Valerie Scott, and Amy Lebovitch, the case argued that criminalizing brothels and safety measures actively placed sex workers in harm's way. The Supreme Court of Canada agreed, striking down the existing laws and giving Parliament one year to craft new legislation.

Unfortunately, the response was a massive blow to the community. In 2014, the federal government passed Bill C-36 (The Protection of Exploited Persons and Communities Act). Adopting the "Nordic Model," it shifted focus to criminalizing the purchase of sexual services under the assumption that all buyers are inherently abusive. Instead of making workers safer, this law forced buyers underground, creating a volatile environment where both clients and workers became easy targets for robbery and extortion, with little recourse to call law enforcement.

The Power of Stigma and the Myth of the "Throwaway Girl"

For generations, mainstream media and political rhetoric have shaped public perception around "what kind of girl" enters sex work—and what kind of person buys it. Clients are routinely framed as predators, while sex workers are written off as "throwaway girls": individuals stripped of bodily autonomy, intelligence, and agency.

This pervasive dehumanization has devastating real-world consequences:

• Targeting by Predators: When society decides a group of people is disposable, violence against them carries lower perceived consequences. Predators know that marginalized workers are less likely to be believed or searched for if they go missing.

• Online and Social Isolation: Stigma doesn't end when the shift does. Workers face relentless harassment online, and many carry the shame engineered by a culture that tells them they can never be "pure" or respectable again.

• Barriers to Transition: Even after leaving the industry, the label of "whore" follows women into other careers, where discovery can lead to public shaming or immediate termination.

  
  

Digital Censorship: From SESTA/FOSTA to Modern Suppression

The pattern of using moral panic to strip away safety mechanisms came to a head in 2018 in the United States with the passage of SESTA/FOSTA (the Stop Enabling Sex Traffickers Act and Allow States and Victims to Fight Online Sex Trafficking Act).

Backed by anti-trafficking NGOs claiming that almost all sex work online was the result of minor trafficking, the bill passed the Senate 97-2 despite fierce opposition from sex workers and human rights organizations. Advocates warned that shutting down online platforms would drive workers back onto the streets and destroy life-saving screening networks.

Virtually overnight, platforms like Craigslist shut down their personals, web hosts suspended accounts, and workers woke up locked out of their blogs, advertisement spaces, and data. Digital spaces allowed independent workers to vet clients, share safety warnings about dangerous individuals, and build supportive communities. Disabling these tools didn't eliminate the industry; it simply forced people into more dangerous, unvetted environments.

Choice, Agency, and Human Rights

There is a critical distinction between forced human trafficking and consenting, adult sex work. Yet, anti-sex-work crusaders deliberately blur this line, using broad definitions to treat every worker as a victim incapable of making their own choices.

Sex workers are a diverse community encompassing people of all gender identities and backgrounds. For many, sex work provides independence, financial stability, and flexibility that traditional corporate structures or domestic expectations do not offer. Furthermore, many workers provide essential human connection, emotional comfort, and physical intimacy to clients who might otherwise feel completely isolated.

If our goal as a society is truly to end human trafficking and protect vulnerable people, the solution isn't more criminalization, censorship, or social control. The solution is full decriminalization, robust labor rights, accessible addiction support, and the elimination of the cultural stigma that puts a target on workers' backs. Sex workers deserve the exact same rights to safety, liberty, and bodily autonomy as anyone else