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Precarious or Protected? Evaluating Work Quality in the Legal Sex Industry

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  • Alice Orchiston

Abstract

Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First, the article documents workplace practices in the Australian legal brothel sector, examining sex workers’ agency, autonomy and control over the labour process. Second, it analyses the capacity of each regulatory model to protect sex workers from unsafe and unfair working conditions. On the basis of these findings, the article concludes that brothel-based sex work is precarious and substantively excluded from the protective mantle of labour law, notwithstanding its legality. It is argued that the key determinant of conditions in the legal brothel sector is the extent to which the state enforces formal labour protections, as distinct from the underlying regulatory model adopted.

Suggested Citation

  • Alice Orchiston, 2016. "Precarious or Protected? Evaluating Work Quality in the Legal Sex Industry," Sociological Research Online, , vol. 21(4), pages 173-187, November.
  • Handle: RePEc:sae:socres:v:21:y:2016:i:4:p:173-187
    DOI: 10.5153/sro.4136
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    References listed on IDEAS

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    1. Gregor Gall, 2006. "Sex Worker Union Organising," Palgrave Macmillan Books, Palgrave Macmillan, number 978-0-230-50248-2, December.
    2. Keith Soothill & Teela Sanders, 2005. "The Geographical Mobility, Preferences and Pleasures of Prolific Punters: A Demonstration Study of the Activities of Prostitutes’ Clients," Sociological Research Online, , vol. 10(1), pages 17-30, June.
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    Cited by:

    1. Gillian Abel & Melissa Ludeke, 2020. "Brothels as Sites of Third-Party Exploitation? Decriminalisation and Sex Workers’ Employment Rights," Social Sciences, MDPI, vol. 10(1), pages 1-15, December.
    2. Nadine Gloss, 2024. "Examining Professionalisation as a Strategy for Sex Worker Empowerment and Mobilisation," Sociological Research Online, , vol. 29(1), pages 154-170, March.
    3. Laura Jarvis-King, 2024. "Trajectories of Vulnerability and Resistance Among Independent Indoor Sex Workers During Economic Decline," Sociological Research Online, , vol. 29(1), pages 137-153, March.
    4. Virginia Gunn & Bertina Kreshpaj & Nuria Matilla-Santander & Emilia F. Vignola & David H. Wegman & Christer Hogstedt & Emily Q. Ahonen & Theo Bodin & Cecilia Orellana & Sherry Baron & Carles Muntaner , 2022. "Initiatives Addressing Precarious Employment and Its Effects on Workers’ Health and Well-Being: A Systematic Review," IJERPH, MDPI, vol. 19(4), pages 1-35, February.
    5. Cecilia Benoit & Michaela Smith & Mikael Jansson & Priscilla Healey & Douglas Magnuson, 2021. "The Relative Quality of Sex Work," Work, Employment & Society, British Sociological Association, vol. 35(2), pages 239-255, April.

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