Stop Violence in the Sex Trades Act (S.3075/A.849)

Summary:

Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.

Problem: 

The criminalization of sex work between consenting adults empowers traffickers while placing barriers between people who trade sex and resources paramount to their safety. LGBTQ+ individuals, BIPOC, and undocumented people are the most likely to be impacted by NY’s current laws against sex work while also being the most likely groups to experience targeted violence for trading sex and often relying on the income for survival, creating a bind where marginalized individuals are subjected to violence and estranged from resources. Since trading sex is criminalized, people from marginalized groups who are subjected to harm while trading sex often cannot get the help they need safely. Additionally, the criminalization of sex work allows traffickers and other people who are perpetuating violence to remain hidden by relating consenting adults to people exploiting minors.

At its core, decriminalizing sex work is an issue of bodily autonomy. Currently NY state law prohibits adults from trading sex for money even when everyone involved is consenting and there is no imminent danger or violence. By doing so, the law dictates how people can use their body and supports harm being done against people from marginalized groups.

Solution:

Stop Violence in the Sex Trades Act (SVSTA) helps keep our communities safe while also reducing the amount of governmental money spent on prisons. By decriminalizing the trade of sex between consenting adults, it becomes much easier to differentiate coercive, exploitative, and harmful situations from non-exploitative work. This differentiation will help keep our communities safe by making it easier to see, address, and ultimately stop non-consensual coercion while also allowing sex workers who experience violence to get support without fear of criminalization. Additionally, on average it costs NY state over $65,000 annually to house one prisoner, creating significant monetary incentive for passing SVSTA. Passing SVSTA would immediately reduce state prison expenses by lowering the number of incarcerated people and help ensure that money spent on prisons is not funding the continued criminalization of LGBTQ+ and BIPOC communities for non-violent and consensual acts.

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 Did you know?

The Start Act, a bill supporting survivors of trafficking has passed the NYS Senate and Assembly and is currently waiting for the governer’s signature.

THE STAR T A C T

S . 6 7 4 ( R A M O S ) / A . 4 5 9 ( G O T T F R I E D )

What does the Start Act do?

• Allows survivors the opportunity to petition a court to clear convictions for all offenses that were a result of being trafficked.

• Empowers judges to evaluate evidence and make a determination about whether relief is appropriate.

• Allows victims of labor trafficking to petition for relief and offers critical protection to immigrant victims.

• Ensures survivor information is kept confidential.

• Clarifies that a trafficking survivor does not need to demonstrate “rehabilitation” or “good character” in order to be eligible for relief.

The Start Act DOES NOT:

• Change current prostitution or human trafficking laws.

• Impact ongoing/open criminal cases or investigations

• Automatically clear any charge without input from a persecutor and careful court review.