Sex workers’ experiences and occupational conditions post-implementation of end-demand criminalization in Metro Vancouver, Canada

Abstract

Objectives In 2014, Canada introduced end-demand criminalization (the Protection of Communities and Exploited Persons Act (PCEPA)), criminalizing purchase of sexual services while leaving the sale of sex legal. We assessed factors correlated with selfreported changes in working conditions post-PCEPA among sex workers (SWs) in Metro Vancouver. Methods Post-PCEPA data for one year were drawn from a community-based cohort of SWs. We analyzed self-reported changes in working conditions among 299 participants who worked prior to PCEPA and were asked about working conditions post-PCEPA. Multivariate GEE analysis evaluated factors correlated with negative changes post-PCEPA, including reduced capacity to screen clients and reduced access to workspaces/clients. Results Most (72.2%) experienced no change in working conditions, and 26.4% reported negative changes (e.g., reduced ability to screen clients or reduced access to workspaces/clients). Reporting negative changes was correlated with being an im/migrant to Canada (adjusted odds ratio (AOR) 2.79, 95% CI 1.59-4.92) and recent physical workplace violence (AOR 4.01, 95% CI 1.12-14.40). In sub-analysis, physical/sexual workplace violence (AOR 3.77, 95% CI 1.17-12.16) and living in the suburbs of Richmond/Burnaby (AOR 2.81, 95% CI 1.15-6.84) correlated with reduced screening capacity; incarceration (AOR 2.98, 95% CI 1.04-8.57) and being an im/migrant (AOR 2.39, 95% CI 1.14-4.99) correlated with reduced access to workspaces/clients. Conclusions Most SWs reported no change in working conditions and one quarter reported negative changes, suggesting that PCEPA may be failing to advance sex workers' safety. Im/migrants, women experiencing workplace violence, and those facing criminalization were most likely to report negative impacts. Decriminalization of all aspects of sex work is needed to support well-being, health, and safety. RésuméObjectifs Depuis 2014 (avec la Loi sur la protection des collectivités et des personnes victimes d'exploitation, LPCPVE), le Canada criminalise la « demande finale » de services sexuels en sanctionnant l'achat de tels services tout en dépénalisant la vente de relations sexuelles. Nous avons évalué les facteurs corrélés aux changements autodéclarés des conditions de travail post-LPCPVE des travailleuses du sexe (TS) du District régional du Grand Vancouver. Méthode Une année de données post-LPCPVE proviennent d'une cohorte communautaire de TS. Nous avons analysé les changements autodéclarés dans les conditions de travail de 299 participantes ayant travaillé avant la LPCPVE, à qui nous avons

Criminalised Interactions with Law Enforcement and Impacts on Health and Safety in the Context of Different Legislative Frameworks Governing Sex Work Globally

“…In the 5 years since the law's enactment, research from various parts of Canada has reported harms in sex workers' relationships with law enforcement and in their safety as being similar to what was previously experienced under prohibitive sex work legislation [30,82,85,87,88]. One cisgender woman sex worker who predominantly solicited clients in street-based settings said: "Harassing the clients is exactly the same as harassing the women.…”

“…massage parlours) as well as sex workers who already face high rates of criminalisation (e.g. due to illicit drug use) were most likely to report negative changes after the implementation of the PECPA [82]. These findings highlight that the implementation of end-demand legislation in Canada has resulted in further marginalising the most precarious groups of sex workers.…”

“…Many countries that have adopted this model have layered the criminalisation of clients onto the continued criminalisation of sex workers and third parties, and thus continue to criminalise many sex workers, including im/ migrant sex workers and street-based sex workers [80]. Recent evidence from Canada, Sweden, and France indicates that end-demand criminalisation is unsuccessful in meeting its objective of eradicating sex work and has resulted in continued violations of sex workers' human rights and limited their access to safe working conditions [30,31,[81][82][83][84].…”

“…Increasing epidemiological and social science evidence from Sweden, France, and Canada indicates that criminalisation and policing strategies targeting clients and third parties-such as receptionists, security personnel, and drivers-effectively reproduce the harms created by other forms of criminalisation of sex workers outlined above. In particular, this approach heightens risks for violence and abuse and contributes to the precarity of sexual labour and human rights abuses [30,31,82,84,85].…”

“…Even if the criminal penalty for selling sex under some circumstances has been removed, ultimately, the legal reform has not improved sex workers' occupational conditions. A study from Vancouver, BC, found that 72% of "respondents said the [law] didn't improve their working conditions, while over a quarter reported negative changes" [82]. These findings underscore that end-demand legislation did not advance sex workers' occupational health and safety.…”