Mamdani’s bill aims to decriminalize sex work in a significant legislative move.
Recent discussions surrounding the mayoral candidacy of Zohran Mamdani have sparked a contentious debate over the decriminalization of consensual adult sex work. Critics argue that such a move would inadvertently embolden traffickers and abusers. While concerns about exploitation within the sex trade are certainly legitimate, these conclusions do not align with the evidence available from various studies and global experiences.
Research consistently indicates that the criminalization of sex work, rather than its decriminalization, renders individuals more susceptible to exploitation and entraps marginalized populations in cycles of violence and poverty. The core issue at hand is not the existence of exploitation—an unfortunate reality in various sectors, from agriculture to domestic work—but rather the most effective means to safeguard individuals from such harm. Criminalizing sex work pushes it underground, placing those involved in precarious situations where they must evade law enforcement and operate in unsafe networks. This isolation severely diminishes their ability to report abuse or organize for their own protection.
The principles of full decriminalization advocate for the removal of criminal penalties associated with consensual adult sex work while ensuring that laws addressing trafficking, assault, and the exploitation of minors remain in effect. This approach provides sex workers the opportunity to access labor rights, healthcare, and legal protection without the fear of arrest.
Evidence substantiating the efficacy of decriminalization can be found in a 2018 meta-analysis conducted by the Johns Hopkins Bloomberg School of Public Health. This comprehensive review, which analyzed over 130 studies spanning three decades, revealed that punitive policing measures tied to sex work were correlated with increased risks of sexual and physical violence, alongside heightened rates of HIV and sexually transmitted infections (STIs). The repressive nature of such enforcement disrupts vital safety networks and harm-reduction strategies employed by sex workers.
International organizations like Amnesty International and the World Health Organization advocate for decriminalization as a means of combating trafficking globally. New Zealand’s experience after decriminalizing sex work in 2003 serves as a case study. Extensive research by the New Zealand Ministry of Justice shows no evidence that decriminalization expanded the sex industry or increased the involvement of minors. Instead, it improved working conditions, permitted sex workers to refuse clients, and allowed them to report violence without fear of repercussions.
Contrasting this success, jurisdictions implementing the Nordic Model, which criminalizes clients, have consistently fallen short of their goals to reduce demand for sex work and combat trafficking. Data from Sweden, Norway, and Canada indicates that such laws have led to increased violence and stigmatization of sex workers, making them more vulnerable to predatory behaviors.
In New York, legislation such as Cecilia’s Act, which Mamdani supports, aims to eliminate criminal penalties for consensual adult sex work and facilitate the sealing of past prostitution-related convictions. This bill strives to protect marginalized groups disproportionately affected by current laws, including transgender individuals, immigrants, and people of color.
Critics of decriminalization often discuss the impact on sex workers without engaging them in the conversation. Sex workers have long demanded full decriminalization, highlighting that the harms arising from criminal policies—such as harassment, arrests, and discrimination—make them more vulnerable to being exploited.
The path to reducing exploitation lies in supporting individuals’ fundamental needs, such as housing and employment, rather than perpetuating a cycle of arrests. The existing criminal laws do not address socioeconomic inequalities; on the contrary, they can exacerbate them. Decriminalization offers those in the sex trade the same rights and protections afforded to other workers, representing progress towards justice, health, and safety rather than an endorsement of exploitation.
New York stands at a pivotal moment, with the potential to transform the situation for its most marginalized residents by transitioning from fear-based approaches to evidence-based policies that prioritize protection over punishment. Decriminalizing sex work is a step toward harm reduction, public health, and the realization of human rights, embodying the progressive values the city should champion.
