North Carolina Launches Campaign Against Prostitution

In December 2023, North Carolina enacted a law making it a felony to solicit sex, significantly escalating legal penalties for those seeking sex work. This law, classified as a Class I felony for first-time offenders, imposes a minimum sentence of four months and can go up to two years in prison. Subsequent violations are categorized as Class H felonies, with possible sentences reaching 39 months. Prior to this law change, soliciting sex from consenting adults was treated as a misdemeanor, often leading to probation or house arrest instead of incarceration. The push for such changes across various states, including Texas and Oklahoma, reflects a troubling national trend that classifies efforts to purchase sex as a felony crime.

This shift towards harsher penalties is frequently justified on the premise of combating human trafficking, a rationale that has sparked controversy. Proponents argue that by prosecuting sex buyers more severely, they will reduce the overall demand for prostitution, supposedly diminishing the incidence of forced or underage sex work. However, critics contend that this oversimplifies the complexities of consensual sex work, as not all instances involve trafficking or coercion. Furthermore, the assumption that criminalizing buyers will result in the eradication of demand is flawed; human sexuality cannot be fully eliminated through legal penalties, and history indicates that severe crackdowns often fail to deter the behaviors they target.

The framework of these new laws not only imposes significant penalties on those who seek out sex workers but also further marginalizes sex workers themselves. With increased legal risks for buyers, sex workers may find themselves at a disadvantage in any negotiation or interaction, as potential clients may become more aggressive or attempt to control the terms of exchanges. The legislative landscape fosters an environment where getting caught comes with dire consequences for buyers, who may then seek to wield their status as clients to exploit workers. Making prostitution more perilous inherently places sex workers in a compromised position, increasing their vulnerability rather than protecting them.

The motivations behind heightened legal restrictions on sex work often resemble those seen during the war on drugs. Historically, that campaign focused on harsher penalties, targeting users alongside dealers, with the belief that limiting demand would ultimately dismantle the drug trade. Widening the scope of criminal enforcement to include secondary offenders has proven ineffective, as evidenced by the cycle of increased arrests with no corresponding reduction in drug issues. The parallel in treating sex work similarly to illicit drug use raises concerns that lessons from the failed war on drugs are being overlooked as legislators target sex workers and their clientele under the guise of protecting society.

Notably, the push for stricter laws against solicitation has gained momentum due to the influence of organizations like the National Center on Sexual Exploitation (NCOSE). This conservative group focuses on the narrative of human trafficking and often paints sex buyers as perpetrators, contributing to a culture that diminishes the complexities surrounding consensual sex work. Their lobbying efforts shape public policy and perception, making it increasingly difficult for politicians and advocates to challenge punitive measures that disproportionately harm those involved in the sex industry.

The consequences of such legislation extend beyond immediate criminal penalties, affecting the broader social climate and institutional perspectives on sex work. As hotel and airline staff are trained to spot potential instances of “human trafficking,” the risk of stigmatization and misunderstanding increases for those engaged in consensual sex work. History has shown that punitive measures do not create safer environments for vulnerable populations. Instead, they exacerbate the challenges sex workers face, perpetuating cycles of discrimination and risk with limited focus on actual harm reduction or the complexities of consensual adult interactions. These evolving legal landscapes prompt urgent discussions about the future of sex work policy, distinguishing between trafficking and consensual exchanges, and advocating for laws that protect, rather than punish.