Editorial

COYOTE RI: Support immunity for sex workers reporting crimes

If you agree that sex workers, sex trafficking survivors, and their clients should be able to report crimes like sex trafficking to police without being arrested, please support House Bill 6064.

Rhode Island News: COYOTE RI: Support immunity for sex workers reporting crimes

March 14, 2023, 10:36 am

By COYOTE RI

Have you ever thought sex workers and sex trafficking survivors should be able to go to police and report crimes like sex trafficking, kidnapping, or assault without being arrested for prostitution? House Bill 6064, introduced on March 3rd, attempts to make that a reality, and it needs your support.

The Nuts and Bolts

This is not a get-out-of-jail-free card. This bill pertains only to people who were the victims or witnesses of a short list of serious crimes: assaults, fraud, homicide, kidnapping, sexual assault, robbery, theft, extortion, racketeer violence, stalking, human trafficking, and child pornography. In addition to being a victim or witness of one of these crimes, the person has to have made a good-faith report to law enforcement. If the person has been a victim or witness of one of these crimes and made a good faith report to law enforcement, they can’t then be arrested for: loitering for the purpose of prostitution, practicing massage without a license, soliciting for prostitution, or soliciting from a motor vehicle, or procuring sexual conduct for a fee. 

Why?

Currently, many sex workers and sex trafficking survivors are more afraid of police than they are of violent perpetrators. A misdemeanor prostitution charge can mean losing housing, custody of children, and employment opportunities. Clients of sex workers are the people most likely to encounter a sex trafficking survivor, but reporting to police can mean criminal charges – in some states felonies – that can affect their employment and family.

Sex Workers and Sex Trafficking Survivors Aren’t Reporting Violent Crimes

Several surveys have asked people in the sex industry if they have ever been the victim or witness of crimes they did not report to police. In Alaska, 74% said they had. In Rhode Island, 47%, and nationally, 86% reported being the victim or witness of a crime they did not report to police. That’s a lot of violent perpetrators who are free to continue victimizing vulnerable members of our communities.

There Are Valid Reasons Sex Workers and Sex Trafficking Survivors Aren’t Reporting Crimes

When they did try to report crimes, 66% of Alaskan sex workers, 79% of Rhode Island sex workers, and 44% of United States sex workers said they were turned away without having their report taken. Even worse, 39% of Alaskan sex workers, 27% of Rhode Island sex workers, and 24% of US sex workers were arrested or threatened with arrest while trying to report a violent crime. Additionally, 26% of Alaskan sex workers, 11% of Rhode Island sex workers, and 2% of US sex workers reported being sexually assaulted by a police officer. While many police departments have changed their policies around sex workers, that hasn’t changed the historic trauma that sex workers and sex trafficking survivors have with police.

In a 2022 survey, 77% of sex workers said that they would report violent crimes to police if there were an immunity law in place to protect them.

Clients Are Important Too

Many states have passed laws requiring businesses in industries with high rates of trafficking – restaurants, hospitality, carnivals, etc – to display awareness signs asking customers to report potential labor trafficking to police. Logically, we know that customers are the people most likely to encounter trafficking victims. There needs to be a clear path for them to come forward and make these reports.

Without immunity in reporting, customers and other sex workers are left to attempt to “rescue” victims on their own, potentially creating more dangerous situations. 

Public Safety Demands Equal Protection Under The Law

When sex workers and sex trafficking survivors don’t have access to the equal protections of the justice system because their sex is criminalized, everyone is less safe. Serial killers like Gary Ridgeway, Robert Hansen, Joel Rifkin, the Long Island Killer, Samuel Little, and federal Border Patrol Officer Juan David Ortiz have gotten away with killing sex workers and sex trafficking survivors for years before targeting other marginalized women. It’s time for policymakers to take a strong leadership role in guaranteeing sex workers and sex trafficking survivors equal access to the protections of the justice system.

Support House Bill 6064

If you agree that sex workers, sex trafficking survivors, and their clients should be able to report crimes like sex trafficking to police without being arrested, please support H6064. There are three ways to do so: