Amid a new wave of sex work criminalization bills, civil rights advocates say a new bill from Sacramento would further conflate human trafficking and consensual sex work.
The San Francisco-based Erotic Services Providers Legal, Education and Research Project (ESPLERP) released a statement yesterday condemning Senate Bill 1204, introduced by State Sen. Pat Bates (R – Laguna Niguel), which could radically redefine how the state of California prosecutes prostitution and human trafficking cases.
SB 1204, coauthored by Assemblymember Jordan Cunningham (R – San Luis Obispo), amend Section 266i of the State Penal Code to redefine “pandering” to include any individual who “arranges, causes, encourages, induces, persuades, or procures another person to be a prostitute,” with a maximum sentencing of eight years for anyone 16 years or older, including minors. Previously, the law focused on the act of “procuring” sex work, defined by varying degrees of violent coercion, threats, or financial exchange.
“This would have a chilling effect on the ability of clients and prostitutes as consenting adults to enter into agreed commercial arrangements for intimate private behavior,” wrote Maxine Doogan, spokesperson for ESPLERP.
St. James Infirmary, a nonprofit AIDS resource center in San Francisco, also argued that it could put health service providers at risk. “This definition has the potential to be used against agencies, like St. James, that are doing harm reduction work for sex workers,” the agency said in a statement on social media, urging readers to call State Sen. Nancy Skinner (D – Berkeley), who chairs the Senate’s Public Safety Committee, to oppose the bill.
Attorney Michael Fattorosi, who represents high-profile clients in the sex industry, noted an overly broad scope in the bill:
What does “encourages” mean? If I say to my friend “hey you would make a great prostitute!” – have I just encouraged that person to be a prostitute and therefore I am guilty of the crime of pandering? What about my free speech rights? What if my friend who is a prostitute says, “gee I wish I could see a client today because I really need to feed my child/pay my rent but I cannot afford condoms” and I give that person condoms, have I encouraged the act of prostitution?
Sex worker advocates were quick to point out that this bill could not come at a worse time for the embattled, largely black-market industry. Congressional bills SESTA and FOSTA, which were similarly touted as legal tools to combat human trafficking, have largely shut down online venues that sex workers say are safe, necessary tools for avoiding violence and exploitation from pimps and clients.
While the high-profile prosecution and shutdown of Backpage.com received the bulk of media attention, SESTA and FOSTA have also forced the shutdown of Craigslist personal ads, and an active purging of Google search results. Online forums, which sex workers argue can enable them to more effectively screen clients and negotiate cash transfers, would now be broadly targeted for the “promotion or facilitation” of prostitution under federal law.
“These bills make our lives less safe—as we are forced off online platforms, forced onto the streets, forced into back alleys, where we will be preyed upon by sexual predators and law enforcement,” Doogan said in her statement.
“Sex workers will die because of [SB 1204]. The politicians that campaigned for this bill have blood on their hands. If they are serious about fighting sex trafficking, we call on them to support our fight to decriminalize sex work.”
ESPLERP has been litigating a case in the state courts, against San Francisco District Attorney George Gascón, that could do just that. Recently, however, the Ninth Circuit Court has moved to dismiss the case.
The California Senate Committee on Public Safety is scheduled to hold a hearing on the bill on Tuesday, April 17.
The Bay City Beacon is an independent publication dedicated to telling the stories of a new generation of arts & politics in San Francisco. Join the community of those who care - become a Beacon Supporting Member.
