Partial vs. full decriminalization

The facts

90% of people in prostitution in the United States are trafficked.
In one study, 92% said that they wanted to escape prostitution immediately
In Germany and the Netherlands, a state-sanctioned sex trade normalizes the harms of prostitution. As men and boys are socialized to see prostitution as a victim-less crime, demand for commercial sex increases and the involvement of organized crime

Some view the commercial sex trade through an employment or self-determination lens and believe working in the commercial sex trade is like any other job
If New York State decriminalizes the system of prostitution, it would decriminalize all components of the sex trade
It would render any owner or manager of a sex establishment as business owners or managers
Where the sex industry is legal, the legal industry is rife with violence, abuse, and sex trafficking. The legal industry acts as cover for the illegal industry.

Law enforcement is required to arrest those suspected to be loitering for the purpose of engaging in prostitution, which is problematic and harmful
As trafficking and exploitation has moved from the street to the internet, those who are arrested for “loitering” are now only members of our most marginalized populations.
A.0654 and S.2253 would repeal the loitering law and protect victims from the trauma of repeated arrests.

In 2010 NY amended its Criminal Procedure Law in order to allow survivors of trafficking to vacate their prostitution related convictions
Under this law victims of human trafficking are criminally prosecuted for many acts they were compelled to commit while they were exploited
A.982 and S.3181 would allow vacatur of all convictions when such acts occurred as a direct result of being trafficked

Partial decriminalization: The end of arrests, prosecutions, and punishment of people who solicit sex
Offer comprehensive services to those who are exploited and exit strategies for those who wish to leave the sex trade
Implement the Nordic model: a philosophical view that the commercial sex trade is a form of gender violence, and that holding buyers, pimps and traffickers accountable through criminal prosecution is the best way to protect victims
Develop stronger messaging around economic alternatives and exit strategies, such as housing stability along with mental and physical health

New York’s rape shield law limits the introduction of evidence in regards to the victim’s sexual history in order to safeguard the victim’s privacy
- This minimizes unfavorable character judgement that could influence juries
- Victims of sex trafficking or prostitution are exempt from these protections.
Survivors of rape or other sexual offenses are at high risk of being portrayed as less credible if they have ever been a victim of sex trafficking, making it harder to prosecute the offenders