"Since the passage of the Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), trans sex workers have been pushed to hit the streets late at night or take other risky actions, which put them in more danger." (Photo: Koca Vehbi/Shutterstock via ACLU)
Reducing HIV Transmission Requires Decriminalizing Sex Work
This World AIDS Day we are fighting to end the criminalization of trans bodies and those living with HIV.
Transgender people are criminalized for our bodies.
We are profiled, stereotyped, and presumed guilty based on the way we look or for failing to meet gender expectations, and it must stop.
Nearly one in six transgender people has been incarcerated. For trans people of color, the number is one in two. It's staggering, and it demonstrates the deep bias in our current laws and criminal justice system.
This World AIDS Day, let's not forget that transgender women--particularly trans women of color--are also more likely to be living with HIV than cisgender people. The fight for trans justice cannot be separated from the work to reduce new transmission and provide care to those who are living with HIV, while ending stigma and criminalization for having HIV. To win this fight, we must decriminalize sex work.
Since the passage of the Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), trans sex workers have been pushed to hit the streets late at night or take other risky actions, which put them in more danger. They aren't able to screen their clientele and can't take precautions to protect themselves in case something bad happens to them.
Being back on the streets increases the risk for unsafe sex practices. Economically marginalized people face increased pressure to engage in risky behavior and have less ability to control their activities.
Trans women of color are frequently profiled as sex workers even when they are not engaging in sex work. This has highly impacted undocumented sex workers, who are at even higher risk of harassment and abuse. Walking while trans laws and no condoms as evidence laws can help stop the profiling of trans women and especially trans women of color.
Trans people who choose to engage in sex work still need the law to protect against coercion, violence, and abuse. We face arrest, abuse, and violence. We deserve a legal system that protects us, not only from incarceration, but also from the dangers of life on the street where many of us are forced to turn for survival.
That's why the ACLU's Trans Justice campaign, along with local partners and organizations led by current and former sex workers, is fighting to end the targeting of trans people by decriminalizing sex work. Such reform would help to protect sex workers from HIV, lowering the risk of putting themselves in compromised situations. It would make interacting with clients safer, reduce violent interactions with police, and lessen the fear of talking to the police when abuse does happen.
This reform is especially important for sex workers living with HIV. In many states, what would normally be misdemeanor charges related to sex work become felonies for people living with HIV. These laws have been used to send trans women and others living with HIV to prison for years, even when there was no risk of HIV transmission. In some states, after incarceration, they need to register as sex offenders. These laws not only don't stop HIV transmission--they make it more likely. They spread misinformation and stigma about HIV, push sex workers and clients into riskier choices, and make it harder for people to survive.
As the World Health Organization has found, sex workers are among the most vulnerable to HIV, and laws criminalizing their activities increase violence and stigma against them.
Sex workers deserve protection from violence and access to health care free from stigma. By changing our laws, we can bring sex work out of the dangerous corners of the world and into the light where people are protected--not targeted--by the law.
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This country and this world are at a monumental crossroads. In a few short weeks, US voters will have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
Transgender people are criminalized for our bodies.
We are profiled, stereotyped, and presumed guilty based on the way we look or for failing to meet gender expectations, and it must stop.
Nearly one in six transgender people has been incarcerated. For trans people of color, the number is one in two. It's staggering, and it demonstrates the deep bias in our current laws and criminal justice system.
This World AIDS Day, let's not forget that transgender women--particularly trans women of color--are also more likely to be living with HIV than cisgender people. The fight for trans justice cannot be separated from the work to reduce new transmission and provide care to those who are living with HIV, while ending stigma and criminalization for having HIV. To win this fight, we must decriminalize sex work.
Since the passage of the Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), trans sex workers have been pushed to hit the streets late at night or take other risky actions, which put them in more danger. They aren't able to screen their clientele and can't take precautions to protect themselves in case something bad happens to them.
Being back on the streets increases the risk for unsafe sex practices. Economically marginalized people face increased pressure to engage in risky behavior and have less ability to control their activities.
Trans women of color are frequently profiled as sex workers even when they are not engaging in sex work. This has highly impacted undocumented sex workers, who are at even higher risk of harassment and abuse. Walking while trans laws and no condoms as evidence laws can help stop the profiling of trans women and especially trans women of color.
Trans people who choose to engage in sex work still need the law to protect against coercion, violence, and abuse. We face arrest, abuse, and violence. We deserve a legal system that protects us, not only from incarceration, but also from the dangers of life on the street where many of us are forced to turn for survival.
That's why the ACLU's Trans Justice campaign, along with local partners and organizations led by current and former sex workers, is fighting to end the targeting of trans people by decriminalizing sex work. Such reform would help to protect sex workers from HIV, lowering the risk of putting themselves in compromised situations. It would make interacting with clients safer, reduce violent interactions with police, and lessen the fear of talking to the police when abuse does happen.
This reform is especially important for sex workers living with HIV. In many states, what would normally be misdemeanor charges related to sex work become felonies for people living with HIV. These laws have been used to send trans women and others living with HIV to prison for years, even when there was no risk of HIV transmission. In some states, after incarceration, they need to register as sex offenders. These laws not only don't stop HIV transmission--they make it more likely. They spread misinformation and stigma about HIV, push sex workers and clients into riskier choices, and make it harder for people to survive.
As the World Health Organization has found, sex workers are among the most vulnerable to HIV, and laws criminalizing their activities increase violence and stigma against them.
Sex workers deserve protection from violence and access to health care free from stigma. By changing our laws, we can bring sex work out of the dangerous corners of the world and into the light where people are protected--not targeted--by the law.
Transgender people are criminalized for our bodies.
We are profiled, stereotyped, and presumed guilty based on the way we look or for failing to meet gender expectations, and it must stop.
Nearly one in six transgender people has been incarcerated. For trans people of color, the number is one in two. It's staggering, and it demonstrates the deep bias in our current laws and criminal justice system.
This World AIDS Day, let's not forget that transgender women--particularly trans women of color--are also more likely to be living with HIV than cisgender people. The fight for trans justice cannot be separated from the work to reduce new transmission and provide care to those who are living with HIV, while ending stigma and criminalization for having HIV. To win this fight, we must decriminalize sex work.
Since the passage of the Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), trans sex workers have been pushed to hit the streets late at night or take other risky actions, which put them in more danger. They aren't able to screen their clientele and can't take precautions to protect themselves in case something bad happens to them.
Being back on the streets increases the risk for unsafe sex practices. Economically marginalized people face increased pressure to engage in risky behavior and have less ability to control their activities.
Trans women of color are frequently profiled as sex workers even when they are not engaging in sex work. This has highly impacted undocumented sex workers, who are at even higher risk of harassment and abuse. Walking while trans laws and no condoms as evidence laws can help stop the profiling of trans women and especially trans women of color.
Trans people who choose to engage in sex work still need the law to protect against coercion, violence, and abuse. We face arrest, abuse, and violence. We deserve a legal system that protects us, not only from incarceration, but also from the dangers of life on the street where many of us are forced to turn for survival.
That's why the ACLU's Trans Justice campaign, along with local partners and organizations led by current and former sex workers, is fighting to end the targeting of trans people by decriminalizing sex work. Such reform would help to protect sex workers from HIV, lowering the risk of putting themselves in compromised situations. It would make interacting with clients safer, reduce violent interactions with police, and lessen the fear of talking to the police when abuse does happen.
This reform is especially important for sex workers living with HIV. In many states, what would normally be misdemeanor charges related to sex work become felonies for people living with HIV. These laws have been used to send trans women and others living with HIV to prison for years, even when there was no risk of HIV transmission. In some states, after incarceration, they need to register as sex offenders. These laws not only don't stop HIV transmission--they make it more likely. They spread misinformation and stigma about HIV, push sex workers and clients into riskier choices, and make it harder for people to survive.
As the World Health Organization has found, sex workers are among the most vulnerable to HIV, and laws criminalizing their activities increase violence and stigma against them.
Sex workers deserve protection from violence and access to health care free from stigma. By changing our laws, we can bring sex work out of the dangerous corners of the world and into the light where people are protected--not targeted--by the law.