Sex slavery needs consideration in law reform

Views April 2, 2014

Canada’s recent law reform has people debating over which legislative objective to adopt concerning the sex trade. But is sex slavery being adequately considered in these debates?

The applicants challenging the prostitution laws have, understandably, made recommendations based on their experiences as autonomous sex workers. But any change to the law ought to be considered with sensitivity toward those who are being exploited within the industry: typically 12-to-14-year-old girls who are coerced to engage in sexual acts to which they are otherwise legally incapable of consenting towards.

In the past, many of these young girls have been incarcerated while their clients and pimps have walked away. The model in Nordic countries such as Sweden and Finland attempts to reverse this process and “target the market” by criminalizing the purchase of sex. Adapting this model in Canada would decrease the demand for sex and facilitate the prosecution of those who exploit young women.

Few prosecutions, coupled with brief sentences, do little to deter traffickers from forcibly pressuring women to service upwards of 20 clients a day. Existing trafficking laws in Canada have only seen 26 convicted cases as of 2013, possibly due to the onus placed on victims to testify and their reluctance to appear before court.

It’s clear that trafficking laws alone cannot prevent sex trafficking in Canada. These laws would be greatly complemented by better support services for women in need as well as legislation which discourages the purchasing of sex.

Granted, the Nordic model isn’t without consequence to the consenting sex worker. Basic economics dictate that a decrease in demand would drive down prices. This, in turn, could decrease workers’ bargaining power, possibly cornering them into accepting riskier clients. While these concerns are valid, proper implementation of the Nordic model could prevent the unintended negative effects towards sex workers. Many women working in the sex trade say they would leave if offered a similar-paying job.

Offering services to help these women exit the trade may help to offset the decrease in demand. Also, street outreach services that encourage workers to report bad dates can support affected women and aid law enforcement in convicting abusive clients.

The proper adaptation and implementation of the Nordic model in Canada has the potential to aid victims of trafficking while safeguarding the rights of sex workers. It’s imperative that our nation enters into discussion about the consequences of changes to our laws on sex workers and trafficked women alike.

Changes to the law alone will not prevent trafficking, but they are a vital component in the fight against sex trafficking.