From Jack the Ripper to The Long Island Serial Killer, mass murderers who prey on sex workers have become infamous household names, while their victims have been forgotten. The disconnect between such media sensationalization and everyday justice for the crimes is rooted in a larger problem in our discourse about sex work: public perceptions tied to the outdated criminalization of sex work ultimately shape what justice — if any — sex workers receive for the atrocities committed against them.
When Tiara Kelley, a transgender sex worker, reported an assault to law enforcement, police officers — rather than investigating the case — blamed Kelley for the crime instead. Pasha Ripley, another sex worker, was physically assaulted by a client, but chose not to approach the police out of fear of being arrested herself. Unfortunately, these stories are far too familiar for many in the sex work industry. Globally, sex workers face a staggering 45 to 75 percent chance of sexual violence, and that rate is even greater for those who are transgender and/or people of color. Due to the criminalization of the sex work industry, victims are shamed instead of supported, allowing violence against these marginalized groups to go unchecked.
This instinct to criticize victims is ingrained not only in the law enforcement officials who handle these cases but the broader public. When confronted with the grisly details of the crimes, we tend to process the events through the lens of the “just-world” phenomenon, the belief that bad things only happen to bad people. In this way, the “just-world” phenomenon is weaponized by victim-blamers against survivors of sexual violence to show why sex workers “had it coming.” Sex workers are othered by the laws criminalizing it, and because of this stigma, many percieve sex workers as promiscous and immoral and, thus, deserving of any violence against them.
This mindset of “guilty” victims is propagated by media that stereotype sex workers. Even across popular crime shows like “Criminal Minds,” victims are categorized as “high-risk” or “low-risk” depending on their lifestyles. This type of language attributes an offender’s decision to commit a crime to a victims’ choices, quickly creating a slippery slope that enables the public to view sex worker victims as culpable for the violence perpetrated against them. Furthermore, superficially categorizing victims brushes over the nuanced, complex causes of crime across communities.
As a result, the entertainment industry simultaneously profits off of fictionalized retellings of grisly crimes against sex workers while shaming real life victims. In a radio interview, former president Donald Trump explained away Jessica Drake’s sexual assault allegations against him by simply stating, “she’s a porn star.” This statement reverberated across future news coverage of the allegations. Similarly, the Chicago Sun-Times reduced the complicated story of Alisha Walker, a 19-year-old who protected herself against a violent client, to the dehumanizing headline — “Hooker gets 15 years for stabbing Brother Rice teacher to death.” By painting those in the industry as immoral and justifying the crimes against them, the media ignores the offender’s wrongdoing.
Public perceptions of these crimes — amplified by the media — not only traumatize sex worker victims but can also impede their pursuit of justice. The notion that sex workers are responsible for their own sexual assault shapes the attitudes of the police officers, prosecutors, and the judges that hear their cases — especially when they already view sex work as a crime. According to the U.S. Department of Justice’s 2016 investigation, the Baltimore Police Department frequently ignored sexual assault reports by sex workers. In one case, the prosecutor degraded the victim, calling them “a conniving little whore” in an email to a BPD officer. With such crude language used in a professional capacity, it’s not hard to imagine that law enforcement’s blanket views of sex workers have been cemented before victims even walk into a precinct.
This unadultered contempt from officials feeds into the risk sex workers face of being charged with prostitution when they go to police. The sex work stigma, upheld by its continued criminalization, jeopardizes sex workers’ basic human rights, especially for those who already belong to marginalized communities. For instance, trans sex workers of color face disproportionately high rates of assault and violence on the job, and in the 2015 U.S. Transgender Survey, a staggering 9 in 10 sex workers reported being harassed or assaulted by police. Additionally, even children aren’t exempt from this hostile treatment from law authorities. The Department of Justice found that over 190 minors from ages 10 to 17 were arrested for prostitution in 2019 despite falling under the legal age of consent. The criminilization of sex work deterrs children who are trafficked into the industry from seeking help from law enforcement. Sex work is work, and laws against it render the occupation both more dangerous and hinder justice for victims of sexual violence
Although there are existing “immunity” laws that protect sex workers, it’s not enough. Recently, six states passed legislation that grants immunity to sex workers who come forward as victims or witnesses of a crime, thereby decreasing violence in the sex work industry and protecting those who are trafficked into prostitution. However, immunity is not enough. Outdated laws against prostitution prime the public and law enforcement officials to view anyone in the sex industry as criminals. Furthermore, removing the penalties for selling sex would pave the way for discussions to be had about the legal and labor rights of sex workers. Decriminalizing sex work is the only way to reshape a legal system built to punish, rather than protect, sex workers.
We must acknowledge how the media and public have failed sex workers and reject the fictionalized, woefully inaccurate narratives about the industry. Instead, we must center the real voices of those in the industry. Blatantly shaming sex work dehumanizes victims and strips sex workers of their access to basic human rights. Sex work is not immoral: It is work, and for many, work that is vital to survive. Stigmatizing this industry — both in our legal system and in the media — prevents fair investigations of crimes against sex workers. It’s time to reject stereotypes that have been around since the emergence of Jack the Ripper and take the necessary steps to support victims — no matter their line of work.
Image by juno mac is licensed under the Flickr License.
Correction: Nov. 8, 2022
An earlier version of this article misspelled “just-world.” It is “just-world,” not “just-word.”
