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Introduction <p>Sex workers overlap demographically with individuals who are pushed into informal economies due to their marginalized identities. Although policies increasing the criminalization of sex work are not regarded as hate politics, we argue that these policies are de facto hate policies against LGBTQ + communities and other marginalized groups.</p> Methods <p>We utilize a literature review of nine empirical studies (2018–2023) on the effects of SESTA/FOSTA, a sex worker hate policy, as well as 25 interviews from a 2022 community-based study on the effects of California Senate Bill 233 (SB233), which decriminalized condom possession.</p> Results <p>SESTA/FOSTA harmed sex workers by reducing their income, restricting access to safety and screening resources, increasing the risk of exploitation and violence, and removing online spaces for community building and political organizing. Moreover, marginalized sex workers felt these effects most keenly. The SB233 interviews further revealed that condom possession was utilized as a means for law enforcement to harass trans women through pervasive harassment, deadnaming, and forcing sexual encounters with the threat of violence and jail time.</p> Conclusions <p>SESTA/FOSTA reveals how policies increasing the criminalization of sex workers also hate policies against marginalized groups. However, policies reducing the criminalization of sex workers, such as SB233, may be ineffective without community involvement. For this reason, we recommend community-based policies like SB357, which repealed loitering with intent.</p> Policy Implications <p>Hate politics increase carceral investments, leading to police harassment and surveillance of marginalized groups. We recommend community-led policy suggestions as an alternative.</p>

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SESTA/FOSTA as de Facto Hate Policy: Combatting Carceral Investments and Uplifting Community-Based Solutions

  • 期刊论文

  • 出版模式：

    开放获取

  • 发表日期：

    2025年1月7日

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  • Kimberly Fuentes,
  • Lauren Levitt,
  • Kimberly Soriano,
  • Alisson Rowland,
  • Natasha Wit

摘要

Introduction

Sex workers overlap demographically with individuals who are pushed into informal economies due to their marginalized identities. Although policies increasing the criminalization of sex work are not regarded as hate politics, we argue that these policies are de facto hate policies against LGBTQ + communities and other marginalized groups.

Methods

We utilize a literature review of nine empirical studies (2018–2023) on the effects of SESTA/FOSTA, a sex worker hate policy, as well as 25 interviews from a 2022 community-based study on the effects of California Senate Bill 233 (SB233), which decriminalized condom possession.

Results

SESTA/FOSTA harmed sex workers by reducing their income, restricting access to safety and screening resources, increasing the risk of exploitation and violence, and removing online spaces for community building and political organizing. Moreover, marginalized sex workers felt these effects most keenly. The SB233 interviews further revealed that condom possession was utilized as a means for law enforcement to harass trans women through pervasive harassment, deadnaming, and forcing sexual encounters with the threat of violence and jail time.

Conclusions

SESTA/FOSTA reveals how policies increasing the criminalization of sex workers also hate policies against marginalized groups. However, policies reducing the criminalization of sex workers, such as SB233, may be ineffective without community involvement. For this reason, we recommend community-based policies like SB357, which repealed loitering with intent.

Policy Implications

Hate politics increase carceral investments, leading to police harassment and surveillance of marginalized groups. We recommend community-led policy suggestions as an alternative.