The National ACLU has issued a report calling for the decriminalization of sex work, relying in part on evidence gathered from a period of time in Rhode Island when indoor sex work was technically legal in the state. During that time, Rhode Island law only prohibited the outdoor selling and buying of sex, creating a situation in which incidents of indoor sex work could not be prosecuted.

The report is a comprehensive review of more than 80 studies on the decriminalization and criminalization of sex work. In addition to finding that decriminalization will improve public health and safety while increasing economic stability for sex workers, the report concluded that the studies reviewed do not indicate a clear link between criminalizing sex work and stopping human trafficking.

Though the gap in Rhode Island’s law, resulting from a 1980 court decision, may not have been wholly intended, the report, citing a 2014 study examining Rhode Island’s experience, makes note of several residual benefits in Rhode Island emanating from the legality of the practice during a period of that time fom 2004 to 2009, the year when the law was ultimately amended by the General Assembly:

• In that period, there was a 30 percent decrease in reported rape offenses against sex workers.
• Rates of gonorrhea decreased by over 40 percent amongst sex workers.
• Arrests of sex workers decreased significantly during this time period.

Overall, the report, citing dozens of other studies as well, found that “the criminalization of sex work, including criminalization of buying […] increases the risk of violence and threatens the safety of sex workers.” The report encourages municipal, state, and federal reform to promote decriminalization efforts.

ACLU of RI executive director Steven Brown said today: “Rhode Island’s decision to recriminalize indoor prostitution a decade ago was an unfortunate one. Rather than helping women, it has only channeled more of them into the criminal justice system. We hope this report will generate renewed discussion on this topic and reconsideration of the current state laws.”