Understanding Sexual Violence in Sex Working Populations: Law, Legal Consciousness and Legal Practice in Four Countries

Globally, the most important public health issue that sex workers face is their experience of high levels of violence (Kinnell 2006, 2008; Alexander, 1999) with a systematic review estimating levels of sexual violence 'between 15-55%' (Deering, A., et al, 2014). The marginalisation of sex workers leaves them vulnerable to victimisation and with restricted access to the criminal justice system (Amnesty International 2016). Repeat victimisation is common, as is significant under-reporting of crimes to the police (Ahrens 2006; Krusi, A., et al. 2014; Penfold, C., et al. 2004). Even when cases do get reported, sex workers often experience discrimination (Kinnell 2008, Sullivan 2004; Shannon and Csete, 2010). This has led to increased evidence-based calls to make violence against sex workers a public health and human rights priority on national and international policy agendas (Amnesty International 2016, WHO 2012).

A detailed examination of the research and policy literature shows the issue of violence against marginalised sex working populations has been dominated by the 'politics of sex work', with violence often used rhetorically in battles over what overall legal model would best promote safety (Pitcher and Wijers 2014; Shannon et al 2004). In order to facilitate a more collaborative public health response, there is an urgent need for studies that document not only sex workers' experiences of violence, but also for comparative and peer-led research to better document and respond to the contextual factors shaping sexual violence against sex working populations and the interventions that best promote a sense of justice for victims (Connelly et al 2018, Platt et al 2018).

In this research, we will explore how the legal boundaries of sexual assault and rape are constructed in practice (not just in abstract debates) and compare how criminal justice processes operate in different jurisdictions and in different contexts. This project will be the first international, comparative study to examine the contextual factors that shape sexual violence against sex workers, initiating a programme of research in New Zealand, the UK, Northern Ireland and Nevada, USA. Our aims are threefold:

1. Theoretical: to explore sex workers' experiences and prevalence of sexual violence against the legal norms and boundaries in each of the four legislative models, also examining the least investigated inflictions such as 'stealthing' (removal of condom). This will be operationalised across the four study locations through online surveys of sex workers on sexual violence, which will measure prevalence, experiences, understandings of the law, experiences with the police, courts and other agencies, support received and interventions, and outcomes of cases.

2. Empirical: to enhance what is known about sex workers' experiences of the criminal justice system by excavating new empirical data on how the system operates in different jurisdictions, looking at the impact of legislative models on how sexual violence is responded to, the impact of different settings and attrition, outcome, and conviction. This will be operationalised through case observations (n=5 per country, total 20) of sexual assaults which have gone through the criminal justice system, with analysis for characteristics, perpetrator, outcome, and conviction.

3. Practice-based: to facilitate the integration of best practice from review of what works regarding supporting victims into safety and health-related provision, policies and agencies, led by 'experts by experience'. This will be operationalised through interviews with practitioners, police, and criminal justice personnel (n=30 per country) to assess issues such as reporting, signposting, available resources, therapy, and criminal justice support.