Implications of Sex Work as Rape with Hush Money

The way sex work should be viewed and treated in the legal, political and social realm is a contentious issue that has spurred numerous debates and theories. For instance, some liberal feminists argue that sex work is a labour transaction that should be legalized in order to provide the same protection that workers in other fields are afforded.  Conversely, a number of radical feminists consider sex work as a means to perpetuate current power relations and the belief that women are sex objects to be consumed. There seems to be equally diverse perspectives among women with experience in the sex work industry. I want to explore some of the implications of the definition of sex work illustrated in the Campbell reading (pg. 55-57).  

In the reading, a women who is a sex worker recounts a horrific experience in which she was raped by two police officers, and later that day by a third man. The interviewer shares that the victim repeatedly expressed her frustration about “working and not getting paid for it” (pg. 56). This statement reveals that to her, the rape is equated to her usual work but without being paid.  Therefore her experience defines sex work as rape accompanied by the payment of hush money for the sexual assault. Although I was very affected by this statement, upon reflection I recognized that individuals and structures in society accept and embody this definition of sex work to varying degrees.  

As Erin Consmo (Our Bodies are not Terra Nullius) describes, victims with experience in sex work are accused of consenting to sexual violence and inviting it into their lives. In Chicago, a woman called the police after being raped by a group of men and was arrested for prostitution (Dangerous Intersections). Is this because we accept that sex work is being raped for a price? If so, what are the implications if we legalize prostitution? Are we sanctioning rape in certain contexts? Deciding that money can change the circumstances of rape and violence? Are we encouraging a dangerous and harmful belief that legal sex workers cannot be raped, only robbed?

Finally, underlying many arguments for the legalization of sex work is the belief that the industry is inevitable in society. This is reflected in references to sex work as “the oldest profession in the world” and the sentiment that “boys will be boys.” If it is inevitable, the only tool to protect sex workers and mitigate harm is regulation. What makes the Campbell reading so upsetting is that it suggests a widespread assumption that rape is an inevitable part of society, one that can be regulated and sanctioned by government.

The definition of sex work as rape with hush money seriously calls into question the merit of its legalization.  Under this understanding, formally regulating and legitimizing sex work would essentially legalize sexual assault under certain circumstances, make it even more difficult for sex workers to be acknowledged as victims of rape and would accept rape as an inevitable part of society.