Sex workers have long fought for the decriminalization of prostitution. Public support for the decriminalization of sex work has increased to the point that legislation to remove the criminal penalties for consensual adult commercial sex have been proposed in at least seven states and the District of Columbia. Competing proposals—full decriminalization and partial decriminalization—both touting to protect sex workers, are described with similar language that obscures significant differences in the proposals. Consequently, partial decriminalization legislation that is just as harmful to sex workers as the current criminal scheme in place in the United States is gaining traction as protective legislation when it in fact is harmful.
Advocates of partial decriminalization like Catherine MacKinnon argue that all sex workers are victims, yet these advocates ignore the voices and lived experiences of consensual sex workers. The dangers created by a partial decriminalization system are well documented among sex workers and their allies. This article explains those dangers, relying on voices of sex workers and their allies to support the argument that the only way to protect sex workers is to remove the criminal penalties surrounding all aspects of their work. Anything less, including partial decriminalization, continues to cause them harm