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Cato Daily Podcast

When Sex Work Is Treated Like Sex Trafficking

Feb 7, 2025
Elizabeth Nolan Brown, Senior Editor at Reason, delves into the complex intersection of sex work and sex trafficking, focusing on the implications of Commonwealth v. Garafalo. She discusses how law enforcement often confuses consensual sex work with trafficking, leading to wrongful arrests. The conversation examines the problematic Nordic model, which sees sex workers as victims, and evaluates recent legislative efforts aimed at decriminalizing sex work, advocating for individual autonomy and clearer legal distinctions.
10:49

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Quick takeaways

  • The Massachusetts case Commonwealth v. Garafalo exemplifies the troubling legal trend of conflating consensual sex work with sex trafficking, undermining individual agency.
  • Emerging legislative efforts in states like Rhode Island and Illinois aim to decriminalize sex work, reflecting a shift towards recognizing the autonomy and rights of sex workers.

Deep dives

The Misclassification of Sex Work

Sex work is often misclassified as synonymous with sex trafficking, despite being a consensual act between adults. Recent legal discussions in Massachusetts highlight a case where the state considers all prostitution as equivalent to sex trafficking, fundamentally ignoring the agency and choices of individuals involved. This debate questions the legal definitions surrounding sex work and reflects a broader misunderstanding of consent and autonomy. By casting all parties in sexual transactions as inherently exploited or criminal, the legal system fails to recognize the complexities and realities of these situations.

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