Yawana.chat | 2024 Election: Sex Work Under Harris and Trump

Both Harris’ and Trump’s political history could spell trouble for sex workers.

Vice President Kamala Harris’ platform for her 2024 presidential campaign is broad, but she is particularly proud of her tough stance on crime. As California’s attorney general, Harris brought human trafficking charges to Backpage.com. The website shutting down affected sex workers immensely, preventing many from safely working and vetting potential clients. It sounds like the Harris administration has a solid plan for families, small businesses, and health care, but there are big concerns for the continued criminalization of sex workers.

However, President Donald Trump’s stance isn’t exactly promising, either. His personal record with sex workers and women is appalling, but his policy is just as concerning. Now, websites can be held liable for illegal content.

Sex Work Now

Prostitution is not explicitly illegal here in the U.S., but there are three areas where paid sex work has been criminalized at the federal level:

Trafficking Victims Protection Re-Authorization Act (TVPRA)
The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA)
Crossing state lines for commercial sex exchange

But wait, two of these directly target trafficking. That’s a good thing, right?

Yes, and well, no. The root of the issue comes down to defining sex work – meaning a commercial exchange for sex between consenting adults – being considered a form of trafficking. While people can be trafficked into sex work, that does not encompass all sex workers.

In 2018, Trump signed SESTA/FOSTA into law which can hold websites liable for content that violates the law. And since commercial sex work can be defined as human trafficking, this would make content selling or promoting sex work illegal. This is why we’ve seen more websites like OnlyFans moderating content.

Sex Work Under Harris and Trump

With the 2024 presidential election on the horizon, this leaves us asking which administration would protect sex workers.

The answer is neither. Harris prosecuted Backpage.com and Trump signed liability into law. Being pro-sex work would be a bold stance for a candidate seeking the support of the Democratic or Republican National Committee.

Like all elections since the two-party system was enacted, you’ll have to choose your battles.

How To Decriminalize Sex Work

Changing the entire sex work landscape is necessary to decriminalize sex work in the U.S. Here are some organizations and publications that are working for the cause:

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Photo by Steve Houghton-Burnett on Unsplash