Prosecutorial Immunity for Sex Workers
TO: New Orleans City Council, Helena Moreno, JP Morrell, Joseph Giarrusso, Lesli Harris, Freddie King, Eugene Green, & Oliver Thomas
FROM: Trans Income Project (TIP), Natalie Rupp (Executive Director)
Below Sea Level Aid (BSLA), Lauren Hall (Policy Director)
Open Policy Forum (OPF), Corinne Green (Executive Director)
TITLE: Prosecutorial Immunity for Crime Reporters
DATE: Nov 2, 2024
Many sex workers face violence, exploitation, and fear of legal repercussions that often prevents them from reporting crimes or seeking medical help. Prosecutorial immunity encourages sex workers to come forward, enhancing their safety, while allowing law enforcement to address crimes more effectively. By fostering a safer environment for sex workers, the policy can contribute to better public health outcomes. Providing immunity, we encourage individuals to act in the interest of safety and justice without fear of legal consequences. This policy is essential for the protection of sex workers by fostering a safer and more just society.
The Trans Income Project (TIP) and Below Sea Level Aid (BSLA) are partnering to bring this prosecutorial immunity ordinance and policy proposal to the New Orleans City Council. TIP and BSLA advocate for sex workers as a matter of human rights and dignity. We recognize bodily autonomy, and meet people where they are at, to foster a society that values all individuals and professions.
The Trans Income Project (TIP) prioritizes economic empowerment and dignity for transgender individuals, particularly those engaged in sex work, by addressing their unique needs and combating the daily discrimination they face. Through a comprehensive support model, TIP provides financial stability, safety, and holistic care for transgender people across Louisiana. TIP combines direct assistance, community resources, and advocacy efforts to foster resilience, dignity, and agency within the community. Our approach includes cash assistance, support groups, partnerships on public health initiatives, and proactive policy work at the city level to create tangible improvements in the lives of transgender and marginalized people.
BSLA is creating the legal framework to protect sex workers from crimes. As a harm eduction organization, BSLA seeks to destigmatize sex work and decrease the incidence of violence. Legal protections encourage sex workers to take action for their bodily autonomy and safety. Establishing new protections and legal recognition can provide clear guidelines for their protection reducing ambiguity, fostering accountability and safety.
The criminalization of sex work creates an environment where sex workers are vulnerable to exploitation and violence, as they must constantly navigate the risk of arrest. This dynamic allows clients to exploit their fear of law enforcement, leading to situations where sex workers are robbed, assaulted, or even murdered, with little fear of legal consequences. The lack of access to legal protections leaves sex workers in a precarious position, unable to report crimes without risking their own arrest. Sex workers’ clients can also take advantage of a criminalized environment where sex workers have to risk their own safety to avoid arrest. Clients know they can rob, assault, or even murder a sex worker — and get away with it — because the sex worker does not have access to the same protections from the law. SESTA/FOSTA, federal legislation passed in 2018, has only exacerbated this by removing harm reduction tools, such as online client screening, increasing the risks sex workers face daily.
Granting legal immunity to sex workers who report crimes would create essential protections, allowing them to report violence, seek healthcare, or assist in investigations without fear of being cited or prosecuted for prostitution-related offenses. This kind of legislation would improve occupational safety by ensuring that sex workers are not penalized for cooperating with law enforcement, even if they later withdraw due to safety or health concerns. Moreover, holding law enforcement accountable for wrongfully citing or arresting those protected by these provisions is crucial for fostering trust between sex workers and the legal system.
“This would literally change my quality of life or even save it, it’s worth the public’s attention”
- Anonymous New Orleans Based Trans Sex Worker
This bill is designed to protect individuals from being cited, arrested, or prosecuted for certain prostitution-related offenses if they report a crime, seek health care because of the crime, or assist in the investigation. Specifically, if someone witnesses or is a victim of a crime and reports it in good faith, or helps law enforcement, they cannot be charged with offenses related to prostitution that occurred around the same time. Even if they later stop cooperating due to safety or health concerns, they will still be protected. Additionally, law enforcement officers can be held responsible if they wrongfully cite or arrest someone who is covered by this protection.
The current stigmatization and criminalization of sex work drive it into the shadows, where violence against sex workers continues unchecked. Studies show that demand for sex work spikes around major events, like the Super Bowl, increasing the likelihood of exploitation. Recent studies show that in the weeks leading up to a super bowl and in particular the week of the superbowl, there is an increase in rates of inquires for sex worker. By decriminalizing sex work or adopting non-prosecution policies, sex workers could report crimes without fear, improving public safety and health outcomes. Legal reforms are essential to protect sex workers from violence, exploitation, and the legal system that too often fails them.
Sec. 54-251.1 Immunity from prosecution. (NEW)
(a) It is the purpose of this section to apply where a person is the victim of or a witness to a crime (including an individual who becomes aware that another person is a victim of a crime), and has engaged or is alleged to have engaged in an act prohibited under section 54-251, 54-252, or 54-253 of this chapter at or in reasonable proximity to the time of the crime or under circumstances reasonably related to the crime, and, in good faith:
(1) Reports the crime to a criminal law enforcement agency,
(2) Seeks or receives health care services as a result of the crime, or
(3) Assists or attempts to assist in the investigation or prosecution of the crime.
(b) No such victim or witness to the crime shall be arrested, charged, or prosecuted for an offense under 54-251, 54-252, or 54-253 of this chapter, nor for possession of a controlled dangerous substance or paraphernalia if the evidence for such offense was obtained as a result of the person’s reporting of the crime, seeking healthcare services as a result of the crime, or assisting or attempting to assist in the investigation or prosecution of the crime.
(c) No such victim or witness to the crime shall be penalized for a violation under Chapter 30 Article VII if the evidence of the violation was obtained as a result of the person’s reporting of the crime, seeking healthcare services as a result of the crime, or assisting or attempting to assist in the investigation or prosecution of the crime.
(d) No such victim or witness to the crime shall be subject to forfeiture of property for any violation for which immunity is provided by this chapter, except that prima facie contraband shall be subject to forfeiture.
(e) No such victim or witness to the crime shall be subject to sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole as a result of the person’s reporting of the crime, seeking healthcare services as a result of the crime, or assisting or attempting to assist in the investigation or prosecution of the crime.
(f) As used in this section, "crime" shall include an act that reasonably appears to be a crime, regardless of whether it results in a conviction as a crime.
(g) This act shall take effect on the sixtieth day after it shall have become a law and shall apply to any prosecution pending on or after the time it shall take effect.
Other cities and states have started the progress to enact protections for sex workers. Success is defined by the city or state’s ability to protect their citizens from harm. As listed below, we can see policy details and how it creates the ability for cities and states to enact a wider net of protections for sex workers, despite prostitution being illegal.
- Existing Immunity State Laws:
- Existing Immunity City Ordinances
Some cities have enacted non-prosecution or decriminalization policies at the local level, often through the discretion of district attorneys or by creating local ordinances, even without state-level decriminalization. For instance, Seattle, San Francisco, and Baltimore have used prosecutorial discretion policies to de-prioritize arrests and prosecutions for sex work-related offenses, though these are not codified laws but policy changes within the DA’s office.
- Seattle and King County, Washington: Here, district attorneys adopted a policy of non-prosecution for certain sex work-related offenses, emphasizing harm reduction and public safety. This policy, though not codified, reflects a prioritization of resources toward violent crimes over sex work-related offenses. Seattle’s approach shows how a city can prioritize its resources and define public safety in ways specific to its community.
- San Francisco, California: San Francisco has also directed its DA's office to deprioritize sex work offenses, essentially implementing a de-facto local policy that protects sex workers from prosecution without conflicting with state laws on prostitution. This approach has been argued on the grounds of public health and resource allocation.
- Baltimore, Maryland: Baltimore’s DA implemented a similar approach, opting to avoid prosecuting low-level sex work charges in favor of allocating resources to address more pressing community safety needs. Although Baltimore's policy emerged from prosecutorial discretion, it demonstrates how local jurisdictions can adopt pragmatic approaches to law enforcement based on local conditions.
This proposed legislation would not be pre-empted by state police power because it does not decriminalize prostitution but instead provides limited immunity for sex workers who report crimes or assist law enforcement. This approach does not conflict with state laws prohibiting prostitution; rather, it operates within the city’s discretion to prioritize public safety and health. By focusing on conditional immunity for reporting crimes, the legislation aligns with local public safety needs without undermining the state’s authority to regulate prostitution more broadly. Similar Louisiana state legislation providing immunity for people seeking assistance for a victim of a drug overdose passed unanimously in 2022 - common sense public health policy is bipartisan and uncontroversial.
In conclusion, New Orleans should enact protections for sex workers as a crucial step towards a safer and more just society. By empowering sex workers to report crimes without the fear of legal repercussions, cities create an environment that offers protection from violence and exploitation. Such measures not only enhance the safety of sex workers but also contribute to the overall wellbeing of communities by enabling law enforcement to address crimes more effectively. New Orleans enacting protections for sex workers is a vital step towards social justice. By taking these measures, New Orleans can create a safer environment for some of the most vulnerable members of society, and empower individuals to seek help, promoting a culture of respect and dignity. Ultimately, these protections are essential for building trust between sex workers and law enforcement, leading to a more equitable and just legal framework that prioritizes the safety and rights of all citizens.
Louisian Trans Advocate - Peyton Rose Michelle (Executive Director)
- Struyf P. To Report or Not to Report? A Systematic Review of Sex Workers' Willingness to Report Violence and Victimization to Police. Trauma Violence Abuse. 2023 Dec;24(5):3065-3077. doi: 10.1177/15248380221122819. Epub 2022 Sep 26. PMID: 36154751. Drive link (PDF).