Protecting sex workers

The police must continue to investigate the circumstances surrounding the discovery of the body of Vanessa “Buffy” Ackie. Commenting on this case, a senior officer has issued a general warning to “ladies of the night”. “Listen, it is known that according to law, prostitution is illegal,” said Inspector Henry Dan.

“Regardless of what we in the Police Service have to do to ensure law and order, it is a fact that such a trade exists in our country. These ladies still go out there at night to work. So we are warning these ‘ladies of the night’, please be careful, exercise extreme caution when you are out and about doing whatever it is you may be doing.”

We laud Dan for acknowledging the facts. But we invite him and the authorities to go further. Under the Sexual Offences Act, a prostitute is “a person of either sex who engages in prostitution, namely the offering of the body by a person of either sex for the purpose of arousing or gratifying the sexual desire of another for payment in return.” That both men and women may be prostitutes is a reality that cannot be ignored and we would do well to avoid generalisations about “ladies of the night”.

Such generalisations further marginalise the vulnerable members of both genders in Trinidad and Tobago’s sex trade, a trade which is beyond dispute. It is also not enough to simply tell prostitutes to be careful. In fact, that is like telling the general population “do not get robbed” or “do not get killed.” Far more important is a community policing approach to these sex workers, getting information from them as well as imparting practical tips and being available to listen to their concerns and heeding their cries for help.

Sex workers probably do not report crimes against them because they fear stigmatization, victimisation and, most of all, the brunt of the law. If the police are serious about helping sex workers, then there must be a clearly defined policy on how to handle the various offences surrounding their trade. We also believe society forgets that a prostitute is not the only wrong party in law whenever a transaction takes place.

The Sexual Offences Act makes it plain that people who procure prostitution commit an offence, as well as those who live off prostitution’s earnings. Why is there never any focus on these parties? Why is all the shame and judgment saved for the sex workers alone? Sex workers are also very vulnerable not only because of the state of the law, but due to factors relating to their health. Sex workers, their clients and regular partners are key populations at risk for HIV infection. Contextual factors such as stigma and poverty may further exacerbate this.

The World Health Organization advises that sex workers should be proactively involved in programme design and delivery. Legal and social frameworks, consistent with human rights principles, are also needed. Thus, it is in our interest to embrace sex workers, not shun them. This is why it is important to support the work of organisations such as the Coalition of Sex Workers in Suriname (where sex workers even have to pay taxes on their earnings) and the Sex Workers Project of the Urban Justice Centre of the United States. The murder of a sex worker is a murder pure and simple. Our approach as a society should not be clouded by prejudice. It is simply wrong to say, imply or believe that a sex worker deserves death or that death was inevitable given his or her trade. Let he who is without sin cast the first stone.