Ending violence against sex workers: closing legal gaps and confronting state violence

December 17 marks the International Day to End Violence Against Sex Workers, a day of remembrance, resistance and renewed calls for justice.

Across Australia, sex worker organisations and advocates are honouring those who have been harmed or murdered as a result of criminalisation, stigma and discrimination and demanding an end to state-sanctioned violence against sex workers.

This year, sex worker advocates are also drawing attention to ongoing legal gaps that continue to undermine safety, access to justice and basic human rights.

Violence against sex workers is a human rights issue

Sex worker organisations including SWOP NSW, SWOP NT, Scarlet Alliance, Respect QLD and SIN SA say violence against sex workers must be recognised for what it is: hate crime enabled by policy failure.

“Criminalisation of our work creates barriers to justice and impunity for offenders committing violence against us,” the groups said in a joint statement shared on social media.

They also noted the harms caused by Border Force raids, racial profiling of Asian migrant sex workers, and the policing of street-based sex workers in most Australian states.

Decriminalisation in Australia

Australia’s sex work laws are inconsistent, with different legal frameworks depending on jurisdiction.

While NSW were the first jurisdiction to decriminalise sex work in 1995, sex worker advocates say the state’s remaining offences—including those under Part 3 of the Summary Offences Act—continue to criminalise sex workers and undermine safety.

Other jurisdictions have implemented more modern decriminalisation models in recent years, including VIC, QLD and the NT.

Even still, sex worker organisations stress that partial decriminalisation and inconsistent enforcement across the country leave many workers vulnerable to violence, stigma and barriers to justice.

Street-based sex workers continue to face arrest, fines and “move-on” notices in most states.

Working privately with another person for safety and support is still criminalised in parts of the country, including the ACT, SA and WA.

Advocates say these inconsistencies create confusion, increase risk and contradict international human rights recommendations, which continuously state that decriminalising sex work is the most effective way to reduce violence and exploitation.

“I think because sex workers are not fully legalised in Australia, many people subconsciously think that sexual abuse by clients in our sex work is inevitable, and sexual abuse is also a part of the work,” an anonymous sex worker told SWOP NSW.

Anti-discrimination gaps leave sex workers at risk

Across Australia, sex workers are largely unprotected under anti-discrimination laws.

In NSW, sex workers are not explicitly protected under anti-discrimination legislation, and similar gaps exist in other states and territories.

Sex worker organisations say this lack of legal recognition reinforces harmful attitudes and normalises mistreatment.

“While introducing anti-discrimination protections will not end stigma overnight, it is an important step towards a much-needed shift in cultural behaviour towards our community,” SWOP NSW said.

Without consistent protections nationwide, sex workers continue to face barriers when reporting violence or seeking support, fearing discrimination, disbelief or retaliation.

These barriers are even greater for migrant sex workers, trans women and those with precarious visa status.

Non-payment is sexual violence

This day of remembrance also comes amid growing awareness of fraudulent inducement and non-payment as forms of sexual violence.

SWOP NSW has welcomed the sentencing of Harjeet Singh Saini, who pleaded guilty to multiple sexual assault offences after deceiving several sex workers into providing sexual services through fraudulent claims about payment, including a made-up lottery win.

The case is the second known successful prosecution under NSW’s 2022 consent law reforms, which clarified that sexual consent is invalid when obtained through deception.

“With two prosecutions now finalised under NSW’s strengthened consent laws, the principle is clear,” said SWOP NSW CEO Kerrie Jordan. “If someone lies about payment to obtain sexual access, it is not a misunderstanding, it is not a simple theft, it is sexual assault.”

SWOP NSW added that while this legal recognition is crucial, the fear of disbelief and inconsistent police responses still deter many sex workers from reporting violence.

“Expanded and consistent NSW Police training on the 2022 reforms and other matters is essential to improve reporting pathways and outcomes.”

Community space, solidarity and remembrance

In Sydney, sex workers are gathering privately at Clovelly Beach on December 17 for a community-led event marking the day, honouring those lost and creating space for shared grief and solidarity.

Across the country, sex worker organisations are clear: violence against sex workers cannot end without dismantling racism, transphobia, homophobia, poverty, colonialism and violent border and policing systems.

“We demand full decriminalisation for all sex workers,” advocates said. “We will not rest until every worker is free from state surveillance and criminal prosecution.”

By Laura Koefoed 

Published on December 17, 2025

Source portal qnews.com.au