Washington, D.C. — A growing chorus of prosecutors is calling for a bold reimagining of how the criminal legal system treats sex work. In a new issue brief and accompanying model policy released this week, Fair and Just Prosecution (FJP), a national network of reform-minded elected prosecutors, argues that the continued criminalization of consensual sex work undermines public safety, increases the vulnerability of marginalized communities, and diverts critical resources away from addressing real threats like violence and trafficking.
“Every day, sex workers across the country face violence, exploitation, and a lack of basic human rights—all exacerbated by the laws meant to ‘protect’ them,” said Amy Fettig, Acting Co-Executive Director of FJP. “By adopting policies that focus on promoting public health and public safety, we can better protect vulnerable individuals from violence, reduce the spread of sexually transmitted diseases, and ensure that limited law enforcement resources are directed toward protecting the public from people who pose a genuine threat.”
The report, titled Decriminalizing Sex Work: Key Principles and Policy Recommendations for Prosecutors, presents an evidence-based blueprint for how local prosecutors can shift away from punitive approaches and embrace a public health and human rights framework. Central to the brief’s argument is the distinction between consensual sex work and sex trafficking—two phenomena that are often conflated in public and legal discourse.
“Criminalizing consensual sex work only drives sex workers away from seeking help from law enforcement, exacerbates their vulnerabilities, and undermines trust in our criminal legal system,” the brief explains. “It does nothing to deter actual trafficking, and in fact, makes it harder to detect and prosecute it.”
The brief outlines a number of specific harms tied to criminalization, including:
• Increased risk of violence for sex workers who fear seeking help from police;
• Greater exposure to sexually transmitted infections, as criminalization discourages access to health care and safe sex practices;
• Barriers to housing, employment, and family stability for those with sex work-related criminal records;
• Misallocation of law enforcement resources, which could otherwise be used to investigate crimes involving coercion, assault, and trafficking.
FJP’s model policy provides actionable guidance for prosecutors seeking to implement reforms in their jurisdictions. It recommends a presumption against filing charges related solely to consensual sex work, offers best practices for handling cases involving minors or trafficking victims, and emphasizes the importance of expunging past convictions to help individuals access jobs, housing, and healthcare.
Notably, the policy supports ongoing prosecution of cases involving coercion, violence, exploitation, or minors, making clear that decriminalization does not mean abandoning accountability where harm is present. Rather, it calls for “public health and harm reduction rather than punitive measures” in situations involving adult, consensual sex work.
The call for decriminalization is not new, but it is gaining momentum. International human rights organizations—including Amnesty International, Human Rights Watch, and UNAIDS—have long advocated for the decriminalization of sex work as a means to reduce harm and promote dignity. Domestically, public support is rising. According to polling data cited in the brief, a majority of Americans now support decriminalizing consensual sex work, a dramatic shift from previous decades.
Several progressive prosecutors, including Manhattan District Attorney Alvin Bragg, Washtenaw County (MI) Prosecutor Eli Savit, and Los Angeles County District Attorney George Gascón, have already adopted policies limiting or eliminating prosecution of consensual sex work. FJP’s new resources aim to expand those efforts nationwide, offering both a moral and practical case for reform.
“Decriminalization is not just about ending arrests,” said Fettig. “It’s about restoring trust in the legal system, preserving human dignity, and focusing on real public safety threats—not stigmatized personal choices.”
The report’s release comes at a time when other parts of the criminal justice system remain mired in punitive approaches. Advocates argue that sex work policy is a litmus test for whether prosecutors are serious about using their discretion in ways that reduce harm and promote equity.
In its closing pages, the FJP report issues a broader challenge to the prosecutorial community: “Prosecutors must be willing to lead—not follow—on issues that affect our most marginalized community members. This includes being unafraid to stand up for the rights and safety of sex workers.”
The full issue brief and model policy are available at: here
