Katrina
is currently completing her first book, Morality and Political
Action: A History of Anglo-American Political Thought since
1945, which will be published by Princeton University Press.
This review originally appeared in London
Review of Books.
You're
at work. You’re good at your job and work long hours –
your boss has little to complain about. You get on with your
colleagues and have them over for dinner now and again, but
your boss doesn’t like you seeing them outside work. He
doesn’t like that you’re a member of a union either,
and that you’ve told your colleagues about it. He starts
harassing you. It begins with a sexually inappropriate comment
here and there, and comments about your weight. It turns out
he’s pressuring some of your colleagues to have sex with
him. One day, after a night shift, your lift doesn’t turn
up, so your boss drives you home. He threatens you: he’s
watching you, he says, and if you don’t look out, something
might happen; you’ve spent too long in your comfort zone
and someone needs to take you out of it. The harassment continues,
until you quit. You want to file a complaint. It seems like
a solid case. You’d win, right?
Not
if you’re a sex worker. Unless, that is, you live in New
Zealand, where sex work has been decriminalized. In February
its Human Rights Tribunal published a landmark decision siding
with a sex worker against her employer and brothel-owner. Advocacy
and activist groups believe that such a victory would be impossible
in the United States, France, Spain, Sweden, Norway, Ireland,
the United Kingdom or the many other places where sex work is
illegal or aspects of it are criminalized. Criminals can’t
win harassment cases.
There
are many ways of criminalizing sex workers, but they fall into
two main categories. They can be criminalized directly, if the
actual exchange of sex for money is illegal, or its procuring,
advertising or soliciting. In the Swedish model, by contrast,
it’s demand that is criminalized: buying sex is illegal.
Anti-prostitution campaigners tout ending demand as the best
way to prosecute men who buy, and to protect the prostituted
and trafficked women who are their victims. Sex workers’
rights groups say that this is a form of indirect criminalization.
There
isn’t much reliable information about the impact on sex
workers of criminalizing demand. (When it comes to statistics,
it’s hard to know who to trust: research is almost always
carried out by groups who know what they’re looking for
before they start and find the data they need to make their
case). This hasn’t stopped campaigners seeing it as a
solution to the prostitution problem. In February, the European
Parliament voted in favour of a resolution proposed by the British
MEP Mary Honeyball that criminalizes the purchase of sex and
recommends member states implement the Swedish model. The All-Party
Parliamentary Group on Prostitution and the Global Sex Trade
has recommended that Britain do so without delay.
The
idea underpinning the proposed legislation is that sex work
is a form of violence against women. To put it in its most powerful
form, prostitution is rape. Anti-prostitution campaigners tend
to argue for the outright abolition of sex work and criminalizing
the buyer is one step towards this: it shows the prostitute
in her true light, as victim not criminal. But abolitionist
feminists may well be uneasy with the company they’re
keeping: the All-Party Parliamentary Group’s secretariat
is the homophobic, anti-abortion charity Christian Action Research
and Education.
On
the other side, sex worker advocates say that those who want
to rescue sex workers are confusing them with trafficking victims.
The list of advocacy groups includes humanitarian organizations
like Amnesty and Human Rights Watch, as well as UNAIDS. It also
includes a group that you’d think legislators might want
to listen to: sex workers themselves. Across Europe, they oppose
the Swedish model, and support New Zealand-style decriminalization.
They say the move from criminal to victim doesn’t help
them, in theory or practice. It doesn’t stop them from
being treated like criminals by the people who try to save them,
or from being denied rights in the same way criminals are. It
leaves them vulnerable to police violence (laws are not enforced
equally across the sex industry, and racial and gender profiling
makes the position of black and transgender sex workers particularly
precarious). If you take the view that sex work is a form of
violence against women, then violence and harassment are just
part of the job (if your boss tries to have sex with you, well,
what did you expect?). The New Zealand Human Rights Tribunal
ruling takes the opposite view. Sex workers are workers. Their
workplaces should be safe, and they should have the same rights
– including labour and employment rights – as everybody
else.
This
is the central argument of Melissa Gira Grant’s book Playing
the Whore: The Work of Sex Work. Sex workers exist. So do the
many victims of human (including sexual) trafficking. But they
are not necessarily the same people, and sex workers are not
all victims who need to be saved. Some of them might be victims:
raped and exploited by pimps, johns and police. Some of them
might be empowered and love their job in the way we all wish
we loved ours. But between the victims and the empowered, there’s
a whole world of sex workers who do what they do and get by.
Some might like their job, sort of, some of the time. Many might
not like it much at all, but prefer it to their other options.
Others might want to get out, but not really know how. People
experience the conditions of their labour in a huge variety
of ways, and in this, sex workers are no different from the
rest of us.
Grant’s
persuasive manifesto shows that the contrast between radical
anti-prostitution feminists and pro-sex work liberals is misleading.
It’s a product of what she calls the “prostitute
imaginary.” The exchange economy of sex may be ancient,
but the idea of the professional prostitute is a product of
19th-century Victorian morality and its police force. Whenever
we think of the sex worker as a prostitute, we reduce her to
what she does for a living. To those who encounter her –
whether it’s the client in her bedroom, the cop extracting
her from a brothel, or the aid worker moving her off a street
corner – she’s always at work. And so she’s
always sexualized. She’s also an object to control: working,
but without agency, her work makes her a victim to be rescued
or arrested or both. Grant, like many sex worker activists and
advocates, uses the terminology of ‘sex work’ rather
than the language of ‘prostitution.’ This avoids
the gendered language and framing of sex work as a women’s
issue: sex work has long provided a reliable source of income
to gender nonconformists who face discrimination in other forms
of employment. The terminology also helps shift the debate from
the moral sphere to the economic, where sex work covers the
range of sexual acts that people perform for money: sex, companionship,
intimacy, stripping, pole-dancing, live sex on a web-cam; many
sex workers supplement their income doing more than one of these.
A former
sex worker herself, Grant has been asked repeatedly to talk
about her experiences, and has evaded doing so. “This
is not a peep show,” she writes. She has also been accused
of being unrepresentative – being white and university-educated.
Well, she has responded, what did you expect? While sex workers
continue to inhabit a space between legal and illegal, it’s
hardly surprising that only those with resources, those who
are least vulnerable, will come forward to tell their stories.
If
sex workers claim they aren’t victims, we expect them
to say they chose sex work voluntarily, that they find their
work fun, or a therapeutic public service, that they are empowered.
We’re not satisfied if they say that it’s a crappy
job, but they’re doing OK. But why should workers have
to be having fun, or be satisfied with their job, before they
can earn the right to join a union, or have legal protection
from violence? “Sex workers,” Grant says, “should
not be expected to defend the existence of sex work in order
to have the right to do it free from harm.” Ignoring the
economic rights of sex workers also denies a basic fact: there’s
a huge sex industry out there (that some see as simply a part
of the mainstream media), the products of which many people
comfortably or shamefully consume, as free-riding voyeurs or
as paying participants. Yet few are willing to move beyond their
guilty secrets to discuss how to protect the workers who enable
them.
Underneath
Grant’s strategically inclusive argument lurks a harder
political critique of the transformation of politics and economics
since the 1970s. Over the last forty years, international politics
has become more and more concerned with humanitarian issues.
The view of women as victims of violence and objects to be trafficked
can be seen as part of this trend. Violence against women is
a major global problem, but the focus on humanitarian issues
like violence (and the framing of violence against women as
a humanitarian rather than a political issue) distracts from
the political and economic conditions that give rise to them.
Even
humanitarian organizations now recognize that the conflation
of sex work with sex trafficking has gone too far. Amnesty,
Human Rights Watch and USAID today all use the term ‘sex
work’ rather than ‘prostitution,’ and differentiate
between victims of trafficking and sex workers. In her discussion
of the “rescue industry,” Grant describes a 2008
case, documented by HRW and Cambodian human rights organizations:
the US State Department and anti-prostitution NGOs led a crackdown
that resulted in the forcible removal of Cambodian sex workers
to rehabilitation centres where they were kept in cages (thirty
or forty to a cell), beaten by guards (in three instances, to
death), before eventually being given less ‘immoral’
employment operating sewing machines (in conditions that made
the work they were rescued from look pretty attractive). All
this despite a prior UNAIDS survey of 20,000 sex workers in
Cambodia which found that 88 per cent said they had not been
forced into sex work. The data, as Grant recognizes, may well
be unreliable. But they were the only data available when the
forced removals began. Sex workers are one of the last groups
about whom false consciousness arguments are still made, whose
preferences we say don’t track their real interests. Where
we should think ‘self-determination,’ we still think
‘save.’
Grant
wants to go back to an older politics. The problem with humanitarianism
isn’t just that it provides a vehicle for displaced imperial
ventures, or that it can go badly wrong. It’s that it
misses the work in sex work. The feminists of the 1970s did
not. That decade saw the mobilization of the English Collective
of Prostitutes, protests against police brutality by French
sex workers in Lyon, and the transition, Grant argues, from
the ‘state of being’ of prostitution to the ‘form
of labour’ that is sex work (a transition captured by
the activist Carol Leigh, who coined the term ‘sex work’
in 1978). The same years saw a feminist alliance of sex workers
and the Wages for Housework movement. ‘Hookers’
and ‘housewives’ had, they argued, a lot in common:
we expect the things they provide to be offered freely, through
nurture, affection and love. “A housewife,” Grant
writes, “maintains her legitimacy by not seeking a wage,
and a hooker breaks with convention by demanding one.”
Intimacy, care, sex: none of these, we think, should be bought
and sold, and demanding compensation and remuneration for women’s
work remains subversive. But the most dirty, intimate work is
done by those we pay, and it is done by women. Women make up
the majority of the low-wage or unpaid workforce who do the
unglamorous jobs that keep society running. Sex work is on this
spectrum of physical, often sexualized, labour.
Going
back to the 1970s isn’t possible, though, for sex workers
or for the rest of us. The nature of sex work has been transformed
since then. Two developments stand out in Grant’s account:
the gentrification of red-light districts and the arrival of
the internet. Gentrification has meant that sexually oriented
businesses have become isolated, and those who work in them
less safe (the Soho police raids earlier this year won’t
be the last in a long line of attempts to drive sex workers
out of London’s expensive heartlands). But the loss of
physical community has coincided with a shift of commercial
sex from the streets to the Internet, which provides its own
form of safety: transactions previously negotiated on street
corners now happen in private, with physical dangers often removed
and risks better controlled. Gentrified sex work brings with
it new workers and consumers, who wouldn’t have negotiated
the old red-light districts. Sex work has been individualized
and liberalized: workers once had communities, but now work
in isolation; they once had pimps, but now negotiate deals themselves.
They have found new allies in Silicon Valley libertarians who
see the Internet as a place where everything can be bought and
sold. And yet the peculiarly public form of privacy that the
Internet provides means older dangers have been replaced by
new ones: the risk of anonymity becoming renown at the click
of a mouse, and the increased threat of state surveillance,
which, as long as sex work remains criminalized, is a very real
threat to freedom. Sex workers are watched by an ever larger
public, too, but those who watch are even less likely than they
once were to meet a sex worker in the physical world, either
on or off the job.
The
transformation of sex work means it’s best understood
when situated in its proper economic place alongside not just
housework but the service sector more broadly. The sex and service
industries already exist on a continuum, and share a workforce:
sex workers are often employed in other service sectors too,
as waitresses or bar staff. To say that sex work is like other
jobs isn’t to say that having sex for money is just the
same as what other workers do, but there are continuities in
both the type of work and the reasons people do it. Women who
work in service industries are often required to please male
clients: the barmaid who makes you feel special, the waitress
who doesn’t mind you pinching her bum, the welcoming corporate
receptionist. “The conditions under which sexual services
are offered,” Grant writes, “can be as unstable
and undesirable as those cutting cuticles, giving colonics,
or diapering someone else’s babies.” It’s
a tough economy to make money in; sex workers, like service
providers in other sectors since 2008, have struggled to find
clients. But some people might nonetheless think it preferable
to the zero hours contract work in other sectors where they
might be expected to provide informal sexual services anyway.
The
precarious and sexualized nature of women’s work was seen
clearly by Selma James, the founder of Wages for Housework,
who identified something else that Grant wants us to take seriously:
whore stigma. This is the prejudice that legitimates violence
against sex workers in particular, and – since all women
can be treated as if they’re whores – women in general.
Many will wince at the idea of reclaiming the whore. Grant stresses
the work in sex work, but doesn’t shy away from the sex.
Responding to the recent feminist focus on enthusiastic consent,
she stresses unenthusiastic consent: “Consent in sex work,
as in non-commercial sex, is more complex than a simple binary
yes/no contract.” Desire and consent can too easily be
confused, but just as pleasure isn’t necessary for consent,
the absence of pleasure doesn’t mean the withdrawal of
consent: “If rape isn’t just bad sex, just bad sex
– even at work – isn’t rape.” If we
worry whether the sex worker is enjoying herself, we go wrong
in another way too: we confuse the performance she gives with
reality. This neglects that she’s working, and that she
isn’t always at work. A lot of effort goes into the production
of fantasy by sex workers. “Playing the whore is their
job,” and ignoring the performance ignores the labour
and “the skills that enable sex workers to perform a fantasy
without living i.”
Grant
believes this confusion is at the heart of much of the debate
about sexualization that blames sex workers for the ‘pornification’
of culture. Porn and stripping are often seen as driving sexualization,
but the focus is always on the representation: the pole, the
thong, the waxed pussy. But “confusing a representation
of sex with sex itself is what sexualization’s critics
are supposed to stand against.” Just because sex workers
wear thongs doesn’t mean they accept the definition of
sexuality thongs impose on them: acting as if they share the
desires of others is the work of sex work. “To see off-the-clock
sex workers as whole, as people who aren’t just here to
fuck, would defy sexualization.” There’s a difference
between sex workers who sexualize themselves for their jobs,
and workers – in the sex industry or elsewhere –
who, whether at work or at home, are sexualized by others.
There’s
an obvious response to this argument. Even if the stripper is
just making a buck, she’s still inadvertently creating
conditions that perpetuate the oppression of women by accepting
that her body is a commodity that should look the way men want
it to. But Grant says that if you want someone to blame for
this, don’t blame the worker. Don’t expect a consumer-led
revolution either. Blame the management. Most of those who profit
from the sexualized bodies, performances and images that women
produce aren’t part of the sex economy anyway; they’re
part of the mainstream economy. If you focus on the performance
when you think about sex work, and don’t think about the
lives of the workers themselves, the management has won.
This
is the utopian moment in Grant’s realist argument. On
this view, there are robust agents underneath the performance,
and they don’t derive their self-worth from any of the
things they do on stage. Grant is undoubtedly right that many
sex workers are entirely detached from their work (if we listened
when they spoke, maybe we’d find that was true of most
of them). But don’t you have to be quite a powerful agent
to keep the representation separate from the reality? Maybe
lots of sex workers can. But maybe their clients can’t.
The old fears of porn’s critics re-enter here. Sex workers’
clients might get that they’re paying for a performance.
But those watching porn, who don’t see the performance
begin and end, might not. Yet the idea of a powerful agent who
can keep representation and reality separate sits a little uncomfortably
with Grant’s claim that sex workers are neither necessarily
empowered nor necessarily victims. The force of her book comes
from the way she breaks down the binary, seeing sex workers
neither as entirely free, empowered agents, nor as objects to
be made into victims. But by introducing the opposition between
representation and reality (and refusing the idea that the representation
might also shape reality) she tries to have it both ways, and
the empowered agent who happily chooses creeps back in.
But
this objection may be a trap. If an actor plays the part of
a murderer every night for six months, you don’t think
that his reality off-stage will be shaped by his performance.
What makes people feel differently here is that sex is involved.
Sex isn’t the same. The voice in your head doesn’t
go away: exchanging sex for money is just different from other
kinds of exchange; it props up the patriarchy. Maybe. But maybe
not for the sex workers who are just doing the job. The way
we feel about sex shouldn’t be imposed on others. It certainly
shouldn’t be the basis for law.
Related
articles:
Prostitution:
Gender-based Income Redistribution with Honour and Dignity
Vilification
of Male Sexuality
Blurring
of Sexual Boundaries
Hipster
Porn
Female
Orgasm Redux
Living
Dolls in a Hypersexual Culture
Pornographic
Imagination
All
Abored the Porn Express
Sex
Traders in the Material World
21st
Century Sex
Pop
Divas, Pantydom and 3-Chord Ditties
In
Defense of Pornograhy