Thank you.
My name is Dr. Lynzi Armstrong and I am a senior lecturer in criminology at Victoria University of Wellington in New Zealand.
My research focuses on how laws impact the rights, safety and well-being of sex workers, and I began doing research in New Zealand in 2007. I'm going to talk about the decriminalization of sex work in New Zealand, drawing on research and case examples that highlight its impacts. I will also discuss the limitations of the legislation.
New Zealand decriminalized sex work in 2003 with the passing of the Prostitution Reform Act. The purpose of the legislation was to better support the occupational health and safety of sex workers and the legislation was drafted with the input of sex workers, with the New Zealand Prostitutes Collective involved in drafting earlier versions of the legislation.
Since the law passed in 2003, several studies have highlighted the positive impacts of decriminalization in New Zealand. Research conducted by Gillian Abel and colleagues to evaluate the impacts of the law after its enactment found that a majority of participants felt that they had more rights and that they were more able to refuse to see clients since the law had changed. Several participants also felt that police attitudes towards them had improved.
Subsequent research that I have undertaken with sex workers has indicated that relationships between street-based sex workers and police have improved, and that decriminalization better supports the safety strategies of street-based sex workers. Since neither sex workers nor their clients are criminalized, interactions can be openly conducted and conversations can be explicit, enabling sex workers to take their time when screening clients.
In my most recent research in New Zealand, a majority of the 46 sex workers we interviewed described feeling that they had more autonomy and control in their work in a decriminalized framework, and overwhelmingly spoke about decriminalization having had a positive impact on their well-being.
While the clients of sex workers remain an under-researched population in New Zealand, a qualitative study of 12 clients of sex workers found that those interviewed were aware of the rights of sex workers and conveyed respect for those rights in how they described their interactions.
Positive impacts of decriminalization have also been evident in several high-profile court cases. For example, in 2014 and 2020, sex workers won sexual harassment cases in the context of their work, and in 2021 a man who covertly removed his condom during sex with a sex worker was convicted of rape.
While sex workers can still experience violence in the decriminalized context, the legal framework better supports their safety strategy and strengthens access to justice for those who do have adverse experiences. Thus the evidence today overwhelmingly indicates that the decriminalization of sex work has had positive impacts on sex workers.
Research conducted in New Zealand over the past two decades has led me to conclude that full decriminalization is the legislative model that best supports the safety, rights and well-being of sex workers.
While there have been many benefits, the decriminalized model in New Zealand also has limitations. Section 19 of the Prostitution Reform Act prohibits temporary migrants from working in the sex industry even if a person holds a visa that enables them to work. This means that temporary migrants who are working in the sex industry are working illegally and do not benefit from the protections of the Prostitution Reform Act that are afforded to permanent residents and citizens. Their illegal status means that there is a barrier to them reporting adverse experiences due to a fear that they may be deported if they come to the attention of authorities. Stigma is also an issue that endures and there's no legal protection from discrimination for sex workers on the basis of their work in New Zealand.
The legal framework would be strengthened by repealing section 19 of the Prostitution Reform Act so that migrant workers have the same rights and protections as other workers. Legal protection from discrimination would also benefit sex workers in this context.
Thank you for the opportunity to speak today and I welcome any questions that you have.