civic issues

The Sex Positivity Movement

In recent years, there has been a tremendous rise in embracing sexuality and openness toward sex. Known broadly as the “sex positivity movement”, this shift toward a more judgment-free attitude toward sex has increased dramatically in recent years with an increasing online presence. However, this movement dates back to the early 1900s and grew significantly due to the sexual revolution in the 1960s and 1970s United States which was known as “the free-love movement” (2). This recent iteration of embracing sex and sexuality takes notes from the movement’s many origins but reformats it to the age of modern technology and social media. Some of the main ideas of this modern sex positivity movement include shame-free sex, open communication regarding sex, safe and protected sex, consensual sex, and an emphasis on comprehensive sexual education (2).

As mentioned, the sex positivity movement and term date back to the early 1900s. Some people credit the creation of the term ‘sex positivity’ to Austrian psychoanalyst Wilhelm Reich who used the term in relation to his ideas on how sex is a healthy part of the human experience (1). However, the idea of sex positivity was already present in communities decades before Reich first used the term. From “ballroom culture in Harlem, New York, and feminists of the Village”, many queer communities were already embracing the ideals of sex positivity according to the Swedish erotic filmmaker Erika Lust (1). Generally, the movement has emphasized a greater acceptance of the various aspects of sex, but in recent years, this term’s definition has been stretched thin due to its significant usage all over the internet. Feminist Campus, which is the “world’s largest feminist student network”, defines sex positivity as something that “celebrates healthy sexual relationships, different identities and sexual expressions, and bodily autonomy, as well as empowers individuals to define and control their own sex lives” (3). They also note that contemporary sex positivity is “Grounded in comprehensive sex education, deconstruction of gender norms, and promotion of body positivity and self love, sex positivity fosters safe spaces where bodily autonomy is paramount” (3). As can be seen, sex positivity as is known now focuses primarily on safe, consensual, and educated sex. A major inducer of this movement is the updated definition of sexual health by the World Health Organization in 2002 to include “pleasure, safety, a lack of coercion and freedom from violence and discrimination” which focused more on the “positive aspects” of sex rather than the negative risks (1). However, the sex positivity movement in general arose as a response to society’s overall negative attitude toward sex. From the shame sewn into the language some people used to– and still do– describe and teach sex (if at all) to the lack of comprehensive sexual education, sex negativity perforated all aspects of society. Though negative attitudes toward sex are still prevalent in many aspects of society, the recent sex positivity attempts to move the pendulum toward “operat[ing] in spaces with information around sex and pleasure, without shame or stigma” according to Sex educator Goody Howard (1).

An important aspect of sex positivity thought is its various connections to feminism and sex work. For example, Karlye Sciortino– a writer and producer– understood sex positivity from learning about feminism from writings such as those of Camille Paglia who was a “pro-sex feminist” (1). Paglia and Sciortino made a conscious effort to include sex workers and women who “wore their sexuality on their sleeves” in the conversion regarding feminism and sex-positivity in an attempt to include communities of women who have “historically been discriminated against in feminist circles” (1). Essentially, Paglio and Sciortino reframed women’s relationship to “sex and looking sexy” as a self-empowerment ideal rather than one that submitted to the “male gaze” (1). This corresponds with the lipstick feminism movement that arose during the third wave of feminism– as a response to the second wave of feminism– that similarly reframed feminity and expressed sexuality as a valid way for women to reclaim their power in a traditionally male-dominated and male-catered society. It sought to include women such as sex workers and those who preferred more feminine ideals in the feminist as a means to more truly include all women (4).

As can be seen, the sex positivity movement and sex work are tied in many ways. Another example of this connection can be seen in the changing atmospheres of the adult-entertainment industry in tandem with the rise of sex positivity. Amberly Rothfield, an adult content creator and business consultant, noted a shift from the discriminatory tropes perpetrated by large studios to independent filmmakers that emphasized: “confidence and openness” toward “a variety of sexual experiences, and ending stigmatisation around sexual practices” (1). Additionally, the sex positivity movement has also placed an emphasis on bodily autonomy, diversity, and inclusion. Indie creator Lust says that sex positivity, as it relates to pornography, means “creating films that are diverse and representative of all genders and races, and cater to a diverse set of sexual fantasies and kinks” (1). This movement has led to creating an overall less taboo and more open and educated environment surrounding sex.

Despite all the advocacy for sex positivity though, there are many that argue and speak to the downsides of the sex positivity movement. For example, BuzzFeed News spoke with various people regarding sex positivity such as Katie who is in her mid-20s and says that she and her friends “all really embraced third-wave feminism and sex positivity, and it impacted us so negatively. Being told that you should be having sex with people you don’t have any relationship with really put it in our minds that sex doesn’t matter.” (5) However, Madeline Holden, a BuzzFeed Contributor for the article “These Gen Z Women Think Sex Positivity Is Overrated”, notes that sex positivity has become so widespread and mainstream in media that it often appears without the proper context regarding “consent, autonomy, safety, and health” (5). As a result, there have been severe consequences for the generation that grew up with a largely sex-positive societal outlook. Katie mentions that she and her friends have had terrifying experiences while embracing “hookup culture” including being “choked until they passed out, friends who were filmed without their knowledge” (5). She is not the only one. Similarly, Arimeta Diop of Vanity Fair writes in the article “The Pitfalls of the Positivity Movement” how she has had a flurry of negative sexual experiences as a result of listening to the “sex positivity” message plastered on social media which she notes dilutes the more nuanced model of sex positivity into a palatable form used online (6). Both of these writers note how while the sex positivity movement has made significant progress to reduce the stigma around queer sex, unmarried sex, and sex in general, the movement has become stale specifically in how it is typically presented online. The use of a flattened version of a nuanced argument has led to an avalanche of misguided furthering and branching off from the original idea that has led to major problems. The roots of sex positivity still hold value though as issues such as bodily autonomy, sex work, and queer rights are still up for discussion. However, sex positivity must reformat and redefine itself once again in order to properly address the new issues of this age.

Repression Against Sex Workers

Repression against sex workers is all too common in almost every corner of the world. As a result of governments criminalizing their work, these individuals are then put at a higher risk of being repressed and harmed in various ways and by various entities. Whether it is at the hands of their clients or by law enforcement, these workers are at risk of being harmed by all aspects of their profession and general life. Instead of trying to turn them away from their work, governments should be working to ensure that these workers can carry out their profession safely and have options to grow from their current position. By working against sex workers, governments are actively putting these citizens at risk of being repressed. Dr. Tlaleng Mofokeng– the founder of Nalane for Reproductive Justice– argues that “continued criminalization of sex work and sex workers is a form of violence by governments and contributes to the high level of stigma and discrimination” (4). Repression against sex workers is a major issue to be examined and tackled as the very nature of their profession and the societal stigma around it puts these people at a higher risk of being targeted.

A big part of the repression that sex workers face comes from repressive policing. From “recent arrest, prison, displacement from a work place, extortion or violence by officer”, repressive policing can come in many different forms but is always harmful (1). Law enforcement and policing strategies have had a long, complicated history with marginalized groups of people, and their history with sex workers is no different. In fact, these practices are much worse for sex workers of color who will often face persecution for their profession in conjunction with persecution as a result of their skin tone (2). These strategies by police to discourage sex workers away from their profession are ill-guided and only cause further harm to an already vulnerable community of people. Without the proper systematic support in place for these workers, simply arresting them to dissuade them from their work will only result in negative, damaging outcomes for the parties involved. For example, police in Canada have been reported to have been “confiscating condoms and harm reduction supplies from known or perceived sex workers” (7). By taking away these items that are accurately labeled as “harm reduction”, the police thus increase the amount of harm that can be done to these workers who still have to work to make a living whether or not the police confiscate these harm reduction items. Therefore, by taking away these items that these workers can– and do– use to protect themselves, the police are actively putting these people at risk.

Additionally, police often abuse their position of power to take advantage of these workers. Bridget Dixon and Mariama Yusuf of the Women of Dignity Alliance spoke out about the repression that sex workers in Ghana face as they talked about police officers “who arrest and rape them, before robbing them of their earnings” (3). Occurrences like this, unfortunately, happen all over the world where sex work is criminalized. As a direct result of the government labeling these people and their work as deserving of punishment, society deems it more acceptable to cause them harm, and oftentimes, people take advantage of that. Kamala Mara writes that “Sex workers have for too long been seen as something less than fully human, our work seen as unskilled, as a “high-risk lifestyle” rather than a job” (7).

Furthermore, repressive policing is a major factor in the harm that sex workers can face. In a study done by the London School of Hygiene & Tropical Medicine (LSHTM), researchers found that sex workers who are subject to repressive policing were three times more likely to experience sexual and/ or physical violence, two times more likely to have HIV and/or another STI, and 1.5 times more likely to engage in unprotected sex (1). As seen by this data, workers who experience repressive policing are more likely to be in dangerous situations than those who can work without the fear of repressive policing. Additionally, the fear of the police can oftentimes push these workers to work in areas where there is less surveillance and thus puts them in a more high-risk situation than they already experience.

Similarly, sex workers can face repression and harm from their clients. Due to the criminalized nature of their work, clients often believe that they can take advantage of these workers without consequences. Unfortunately, they are often right: “There are very limited options to report the violence, and sex workers are reluctant to go to the police because of potential arrest or further assault” (2). Additionally, these workers often are not believed, taken seriously, or worse when they do report a case of sexual violence to the police. As a result, many do not even bother to go through with the process and seek other forms of retribution such as warning other sex workers on online discussion boards. However, the government in the United States has begun to start shutting these sites down as well, furthering their efforts, intentional or otherwise, of putting sex workers at continued risk (4). By shutting down these limited and sparse spaces of community for these vulnerable workers, the government, once again, enhances the issue instead of working toward fixing it for the people affected the most by the issue– sex workers.

Moreover, these policing practices can also affect these workers’ access to healthcare. Whether the workers themselves are afraid and reluctant to seek out medical care or the healthcare professionals are wary of treating these people, access to healthcare is a major problem for sex workers. The Sex Workers Project found that within this category though, this violence is more common for “Sex workers of color, migrant sex workers, transgender sex workers” (2).

These workers deserve their basic human rights protected as well as their labor rights. More has to be done to make sure that they are protected and able to work with a relative sense of security. Amid all of the discussion over the nature of their work, many often forget that these workers are still people, and thus, they deserve to be treated humanely. As Kamala Mara writes in her review of “Selling Sex: Experience, Advocacy, and Research on Sex Work in Canada”, “When we dehumanize a group of people, violence against them becomes acceptable” (7).

The Legality of Sex Work

Sex work has been a part of human history for many centuries now. For almost all of that history, sex work and sex workers have been demeaned, discriminated against, and endangered. However, in recent years, there has been a movement to eliminate the stigma associated with this type of work. An example of the improvement of the stigma surrounding sex work is in the phrase itself. The term “sex work” was coined by the activist Carol Leigh as a way of legitimizing this work in language and stripping the negative connotations that terms such as “prostitution” usually entail (1). Framing this work as work is part of a larger effort to destigmatize this profession through the efforts of activists and supporters. Another major issue that sex work activists aim to tackle is the legality of this kind of work. There are many different approaches to handling the legality of sex work, and all of them have their benefits and drawbacks.

Before discussing these approaches, there has to be some mention of what is meant by the legality of sex work and the people these decisions would impact. First, while sex work can be a very broad, all-encompassing term, it typically refers to “people who provide sex for money directly, as well as people who make pornography and erotica, dance in strip clubs, answer phone-sex lines, offer sexual content online via webcam, and more” or, more briefly, simply the trade of sexual services for financial compensation (1). Thus, the legal issue of sex work would affect workers in those ventures. However, who exactly are these workers? While there are sex workers of all kinds of backgrounds, a majority of sex workers are low-income people, part of the LGBTQ+ community, and people of color (2). A major reason for this demographic is that these three communities are often more at risk of having to turn to sex work to financially support themselves and their loved ones. This has major significance when it comes to the criminalization of such work because it places members of these communities at a higher risk of being incarcerated than they already face. For example, trans women of color are much more likely to be arrested by police under the suspicion of soliciting sex despite oftentimes not being sex workers at all (4). As a result, the legality of sex work is intrinsically tied to labor rights, LGBTQ+ rights, and POC rights.

Now, the first of many methods on how to handle the legality of sex work would be the Prohibitionist Model. In this model, all forms of sex work are illegal; both the people selling and those buying sex as a service would be prosecuted (2). This is the strictest of the models and would offer no protection for sex workers against the violence that they currently face. Supporters of this approach are likely under the belief that making sex work completely illegal would deter people from pursuing this profession. However, opponents of this model would argue that sex work is already happening despite its illegality, and that sex work is oftentimes something that people must resort to support themselves. Supporters may also argue that criminalizing sex work would protect those who are nonconsensually forced into this work by others. To this point, opponents may argue that while it would indeed appear to protect such people, this model would hurt and endanger the people who do choose to go into this profession consensually and that there are ways to protect both such people.

Another approach would be the Abolitionism Model. In this case, only “pimps and brothels” would be prosecuted, but sex workers would not be charged (2). A similar approach is the Neo-Abolitionism or Nordic Model where only the clients would be prosecuted, but sex workers would remain uncharged (2). These approaches are very similar in the fact that they appear to protect the sex workers by making the selling of their services legal whereas the buying and the third-party facilitation of their services would be illegal. Some supporters of this model claim to push for this approach in the name of feminism and supporting women. A lot of these people claim that sex work is “a lynchpin of the patriarchal system that oppresses and subordinates women” (5). Opponents would argue that these people are ignoring the people who do choose to do sex work as well as the fact that not all sex workers are women. However, one can not ignore the very real happenstances of people hijacking or only joining the sex work activist movement for their own exploitative means; while not all sex workers are like that, the reality is that there are some people like that out there, and it is wise to be cognizant of that fact while the different aspects of the legality of sex work are discussed. Moreover, many opponents of this approach are sex worker activists who argue that making the buying aspect of sex work illegal is still dangerous for sex workers as it forces them to offer and facilitate the trade of their services where they will not be caught. A member of DecrimNY, a New York advocacy coalition, Nina Luo said of this that “When you claim to decriminalize the sex worker but are still criminalizing everything else in their lives, you are still making their lives dangerous,” (4).

Lastly, two similar approaches are being discussed in the United States: the legalization of sex work and the decriminalization of it. While these two approaches appear to be very similar, they still enact different realities and environments for sex workers. In the former, the legalization of sex work would require people to apply and become registered to become sex workers legally (2). Additionally, in the cases where it is already in place, legalization only allows certain brothels and such to be licensed (2). Supporters of such an approach appear to want to help sex workers by making their work more legitimate in the case of registering and such. However, opponents of such an approach would argue that this still penalizes sex workers that are currently in the profession. They argue that there are still barriers such as citizenship status and wealth disparity that can limit who is allowed to become registered, thus eliminating the profession for people in POC and low-income communities who may already have to resort to this work as a means of financial support. In contrast, the latter approach of decriminalization would essentially remove the criminal charges associated with all aspects of sex work thus allowing sex workers to carry out their service as one would in any other profession. Supporters of this approach include sex worker activists who argue on behalf of this model because they believe that by removing the criminal charges with the profession, sex workers can ultimately work safer and healthier.

The legalization method is currently in place in some jurisdictions of Nevada where only specific brothels are approved to be registered. Speaking on this approach, Mistress Matisse, who is a dominatrix and writer, said that working in a Nevada brothel was a “resistive experience” and that “You had to be in the brothel 24/7. It was like a cross between summer camp and a women’s prison” (4). Matisse spoke with the New York Times in 2016 about this aspect of legalization, and the Times reported that “Most prostitution in Nevada still takes place illegally, outside the brothels” (4). On the other hand, the decriminalization method was put in place in Washtenaw County, Michigan back in 2021. They decided that sex workers and their clients would not be prosecuted under the law, but third parties such as pimps and traffickers can be charged. The prosecutor of this country, Eli Savit, said of his decision that “We are going after human traffickers. We are prosecuting predatory pimps…What we are not doing is seeking criminal charges for consensual sex work and that is because we know that when sex work takes place in the shadows, it renders folks that are engaged in that activity more vulnerable to sexual assault, more vulnerable to physical assault” (2). While the effects of this decision in Michigan have yet to be determined, this decriminalization approach has been put in place in other countries such as New Zealand and New South Wales in 2003 and 1995, respectively. Both countries stated that since decriminalization, they have had an easier time keeping sex workers safe as well as helping to improve the overall public health surrounding this work (2).

While all of these approaches are viable options for the handling of sex work and its legality, the one that the majority of sex worker activists support is the complete decriminalization of this work. They claim that this approach offers many true benefits that would help protect sex workers as well as victims of sex trafficking.

One of the major benefits of decriminalization that supporters state is the improved safety of sex workers. Due to the illegality of their profession in its current standing in the US and many similar countries, most sex workers do not report any violence committed against them for fear of being prosecuted for their work. Additionally, the current illegality of their work means that many of these workers have to find clients in more remote areas with less police coverage to avoid being charged. This effectively puts them at odds with law enforcement, and when they do encounter the police, they are oftentimes taken advantage of at the hands of law enforcement who recognize the delicacy and vulnerable position of these workers. Similarly, sex workers are more likely to be targeted and assaulted by their clients as well as violent people in general as they recognize the vulnerability of sex workers and their current inability to report their crimes safely (3). Supporters of decriminalization argue that by removing the illegality of this work, sex workers can safely report the crimes committed against them and thus be more protected by law against such acts of violence.

Another benefit of decriminalization includes the insurance of workers’ rights and improved healthcare. Through this approach, the government can make sure that sex workers have the same rights as any other worker which include having an appropriate minimum wage, legal protection against clients, insured healthcare, and more. Additionally, decriminalizing sex work can work to promote better sexual health. Again, due to the nature of their profession and its current illegality, many sex workers do not seek medical treatment for fear of prosecution. Decriminalizing their work would help to circumvent that as well as provide them with employer-based health insurance which will allow them to make sure that they can carry out their services safely as well as get the medical attention they need when they need it (3).

However, many opponents of decriminalization fear that by decriminalizing sex work, there would be a rise in sex work and human trafficking. Supporters would respond by saying that decriminalizing sex work makes the profession more transparent and thus safer to carry out. They would say that without the fear of prosecution, they can better report crimes of violence, stalking, assault, and even trafficking more sufficiently, thus helping improve this important related issue (2). Supporters may also argue that while decriminalization would remove the criminal charges associated with this profession, there are different ways to modify and implement this approach as can be seen in the case of Washtenaw County, Michigan where they still identify and prosecute pimps and traffickers while ensuring the protection of sex workers themselves.

As can be seen, there are many different ways to tackle the issue of sex work and its legality. Though each approach has its own set of advantages and disadvantages, sex work activists primarily advocate for the complete decriminalization of this work. This is because sex work is real work that is currently happening around the work regardless of its legality. For this reason, the topic to be discussed is not whether or not sex work should be happening– because it already is and will continue to happen– but rather whether or not it should be able to happen safely. There are real lives and real people affected by each of these approaches, and it is important to keep in mind the humanity involved with this issue as it continues to be discussed.

kevin tian

civic issues