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SESTA Vs. Stormy Daniels

(Image via Flickr user Donkeyhotey)

The fact that porn workers have always been popular scapegoats for the broadest strokes of politics and media is hardly news for those who work in the sex industry. There are myths claiming pornography leads to violence and there is the historical fact that porn workers have protected our civil rights. Protecting our First Amendment rights is just scratching the surface of sex workers’ contributions to labor and women’s rights movements, among others, since antiquity. Although more is at stake for sex workers than free speech, the passage of FOSTA and SESTA will not only affect us but civilians too, especially in light of the repeal of net neutrality. In a titillating cross-section of lawmaking and scandal, we have on one side Stormy Daniels suing 45 for unlawful payoffs and calling him to account publicly for his associates’ threats against her, and on the other side, legislation that has already silenced common sex workers, with the overlaying intersections of race and class; good whores and bad whores; victims and perpetrators; and misinformation all around.

You might see liberal celebrities championing Daniels, but you won’t see them championing sex workers’ rights.

Bareback: Re-Opening The Dialogue On Safer Sex In The Age of U=U

Bareback sex feels fucking amazing.

I know, we’re not supposed to talk about that. We’re not supposed to talk about bareback fucking without following it up with that ubiquitous “but use a condom!” statement. However, many communities face significant barriers to condom use and have very legitimate reasons for foregoing them—and these are the communities whose voices have largely been excluded from broader conversations defining “safe sex.”

That’s a big problem. As harm reductionists and sex educators, we can’t talk openly about what people are really doing behind closed doors. We aren’t supposed to legitimize sex without a condom as an option, or rather, we aren’t supposed to acknowledge that it may be the only option for many marginalized people. And that’s exactly the kind of dishonesty that allows HIV stigma to proliferate.

As an HIV counselor and longtime public health activist, as well as an ex-sex worker and IV drug user, I want this attitude to change. We need to re-open the conversation around what safe sex means in America and internationally, because while condoms can be an excellent means of STI protection, they are by no means a realistic option for every person in every situation. And sex workers in particular need to be involved in this conversation, since it is the most marginalized groups among us—drug-using sex workers, sex working trans women, street workers, sex workers of color, and people who fit into many or all of the above categories—who most often find ourselves in situations in which providing bareback services is our only option if we want to make a living.

When Will It Be #TimesUp For Rapist Cops? #MeToo And Sex Workers

Content warning: This piece contains general discussion of sexual assault and state violence. 

Last week, Time Magazine published a story about sex worker exclusion from the #metoo phenomenon. Sex workers are a criminalized population vulnerable to sexual assault, composed of people oppressed in many intersectional ways, so the inaccessibility of this newly popularized movement against rape and harassment is particularly egregious. At worst, it seems that only privileged women have access to an individualized #metoo movement. At best, sex workers are told they should have their own separate-but-equal movement in a manner which reinforces popular misconceptions about the sexual violence we face as intrinsic to sex work and our clients rather than stemming from stigma and the state.

In reality, much of the abuse and violence sex workers face comes from institutions like the police. This makes participating in a sex worker #metoo difficult since it entails calling abusers in positions of power to account.

Police are guilty of routinely targeting marginalized women and raping them. They prey on women whose allegations against police are rarely taken seriously. These women include sex workers (especially street and survival sex workers), women of color, trans women, and drug-using women—most often, women who are part of many or all the above groups. We are told to stand up for ourselves and report sexual assaults to the police, but when the abuser is the police, it becomes impossible to report it. A Brooklyn teenager tried to report a sexual assault committed by two police officers. Nine officers showed up en masse at the hospital she was in to convince her not to do a rape kit. Predatory police officers are commonly simply shuffled from one department to another when suspected of sex crimes.

In Alaska, the police are allowed to engage in sex acts before arresting a sex worker. This system of rape-as-entrapment results in only the provider being arrested. In Oakland, police officers had sex with an underage sex working teen in exchange for information about future busts. Only three of the men involved were convicted and the victim was sent away by the department to an out of state rehab facility in an attempt to shut her up. NYPD officer Raul Olmeda was paid to investigate sex trafficking. Instead, he paid an underage girl for sex and filmed their numerous encounters. It took seven months after police seized his computer for charges to be filed against him. A Phillipsburg police officer demanded free sex from two Backpage providers, threatening arrest. The officer, Justin Sanderson, had a history of sexual harassment at other law enforcement jobs and yet he was still able to gain employment in Phillipsburg. When sex workers get in trouble, we are not as immune to consequences as Sanderson was—when we are arrested, our records are tainted and we are not able to skip from job to job. This is one of many reasons why the threat of arrest has historically been very effective for rapist cops to wield against sex workers. Ex-Oklahoma City police officer Daniel Holtzclaw assaulted 13 Black women and young girls, many of them drug-using sex workers and almost all possessing records. It was only because the thirteenth Black woman he assaulted had a clean record and friends within the police department that the other twelve women’s reports became credible. It’s rare that officers are held accountable for being sexual predators the way Holtzclaw was. The majority of police departments do not have a training program for on-duty police officers to teach them to avoid sexual misconduct toward citizens, let alone ones training them to behave themselves appropriately specifically towards sex workers.

Confronting this police abuse is next to impossible for sex workers. Some of us have been arrested after police engaged in sexual activities with us. Some of us have been raped by cops who threatened us with arrest if we spoke out. Some of us have been assaulted and bullied by men posing as police officers. Police harassment can literally ruin our lives. Early last November, a migrant Brooklyn sex worker died jumping out of a window in order to avoid being re-arrested and deported during a brothel raid, after local cops carried out a campaign of terror to pressure her into becoming a confidential informant. The police are major perpetrators of violence against sex workers, whether as abusive individuals or as an oppressive system of state violence, and most of us are not in a position to speak out against them.

Judges also hold prejudices against sex workers. In Philadelphia, Judge Teresa Carr-Deni reduced a gang rape charge to “theft of services”, leaving the sex worker victim without justice. Several states make sex workers ineligible to receive rape victim compensation funds due to the criminalization of our work. In Indiana, for example, “a victim who was injured while committing, attempting to commit, participating in or attempting to participate in a criminal act” is ineligible for victims’ compensation.

When the entire apparatus of law enforcement and criminalization contributes to sexual violence against sex workers, it’s difficult to understand how an individualized, neoliberal movement like #metoo has become can help. Standing up against specific abusers, however powerful they are, cannot do much when an even more powerful system continues to create the conditions of our abuse. While the Time piece does devote a few paragraphs to police sexual abuse of sex workers—most notably, referencing the results of a 2016 Department of Justice report on the Baltimore police which found that the department ignored sexual assault reports made by sex workers and many officers raped sex workers after threatening incarceration—what it and other mainstream media reports on the topic miss is that criminalization and state violence are responsible for the particularly vicious rape culture we sex workers live with. When will it be #timesup for rapist cops—or for a criminal justice system which legitimizes that rape as an investigation technique and would rather jail us and reward our abusers?

SESTA’s Growing Threat To The Sex Worker Internet

Senator Richard Blumenthal testifying in favor of the Stop Enabling Sex Traffickers Act, with that sincere, constipated look one gets when testifying in favor of anti-trafficking legislation. (Via Youtube)

You can always count on a corporation to look out for its own interests. An existential threat to their business model will even trump the good PR that comes from beating on everyone’s favorite marginalized punching bags, sex workers). So, until recently, major tech companies like Facebook, Amazon, Twitter, and Google opposed SESTA,the Stop Enabling Sex Traffickers Act. Their business models depend on user-generated content, and SESTA would overhaul Section 230 of the Communications Decency Act of 1996 which previously protected internet platforms against liability for the actions of users.

But following a compromise earlier this month between Silicon Valley and the bill’s Congressional sponsors, SESTA has passed the House and is headed to the Senate. Though they tried to keep their involvement quiet, cloaking their advocacy in the lobbying group the Internet Association, tech companies pushed hard for changes to the bill. An amended version of the bill released on November 3 by Senator John Thune addressed many of their concerns. Initially, SESTA took aim at any facilitation of user sex trafficking. But an amendment to the bill now specifies only “knowing conduct” as “participation in a venture,” meaning in general terms that sex worker advertising sites are now the only ones on the hook while Facebook and company remain immune from sex trafficking liability. Another key revision that spurred a change in the Internet Association’s position involved the development of bots policing content. In earlier versions of SESTA, developing such bots would constitute knowledge of the platform being used to facilitate sex trafficking. Similarly, Backpage’s keyword filters for policing content were used in its Senate hearing as evidence that it had knowledge of and was facilitating sex trafficking. Its own reporting efforts were used against it.

The bill also now specifies that state law enforcement officials using SESTA to prosecute individuals or entities would have to use federal law as a basis for their actions. That’s very handy for the tech companies, as in some states, “sex trafficking” can mean just about anything. While the federal definition of sex trafficking involves force, fraud, or coercion (or the involvement of minors, though this leads to situations in which young street youth get arrested for trafficking for helping their friends in the business as soon as they turn 18), a number of states, such as Alaska, have much broader definitions. This can include cases such as two escorts simply working together. A 2012 records request found that two such escorts were arrested and charged with sex trafficking as well as with prostitution—both alleged victims were arrested and charged with sex trafficking each other.

The bill remains draconian. There are enormous liabilities attached to user content for internet companies, which is a huge incentive to police that content heavily. Platforms that host advertising for sex workers are definitely still in the crosshairs. In fact, as the Electronic Frontier Foundation (EFF) points out, SESTA will even target companies retroactively, a measure that was no doubt included as a way to go after Backpage. No actual intention to assist in any sex trafficking is necessary in the newest version of the bill either, so long as it is “facilitated” in some way, a term which courts have interpreted broadly.

Top Six Reasons Melania Trump Should Get Involved In Anti-Trafficking Campaigning

With every new presidency comes the expectation that the First Spouse will adopt a cause that is considered sufficiently non-controversial in nature. So as the doomsday clock ticked ever faster towards the Trump inauguration at the end of 2016, people not only speculated about which nightmarish regressive agendas Donald would make a waking reality while in office, but also about which one First Lady Melania would take on as her own.

The Slovenian former model has faced a barrage of accusations about her patchy immigration record, leaked nude photo spreads, and most salacious of all (and most relevant to our interests at Tits and Sass), suggestions that she once worked as a “high-end escort” in New York. For all these reasons and because it is the issue du jour with celebrities, suburban moms, and religious zealots alike, the anti-trafficking movement is just the ticket for Melania’s pet project. But before I explain exactly why that is, let’s get to know centerfold-posing, married-to-a-repulsive-billionaire, definitely-not-a-prostitute Melania Trump a little bit better.

For the past 24 years, each prospective First Lady has submitted a personal cookie recipe to Family Circle magazine, which readers then vote on to determine who will make the best wife and mother to the Nation, because patriarchy. If her pre-election baking skills are any indication, the current First Lady is a woman who does not give a single shit about political life. “Melania Trump’s Star Cookies” even look sad in their professional photographs online. In essence, the recipe is for a needlessly complicated sugar cookie which calls for two egg yolks but only one egg white. Why does she hate us? There’s a half-hearted dollop of sour cream at the very end which, I imagine, is supposed to be a feeble wink at her Slavic roots. Then, in some sort of lazy nod toward patriotism, she instructs us to “use a 2 ½ inch star-shaped cookie cutter.” If you don’t own one, you’ve already let the terrorists win. After you “heat oven to 350F”, the last instruction is, “Can I go home now?” To put this in perspective, Michelle Obama made “White and Dark Chocolate Chip Cookies.” See what she did there? Because Michelle Obama is always in it to win it.

But the unfortunate cookie recipe dates back to September of last year, and it was only the early days of the robust compendium of sad Melania anecdotes we would accrue. Her mood on Inauguration Day matched that of the rest of the world, at least when she thought a certain someone wasn’t watching. If Melania has ever been a sex worker—which she absolutely has not been and feel free to check with her lawyer about that—this is exactly what she would have looked like during those rare moments of solitude when her client was in the bathroom and she no longer had to emote. It’s the facial expression that goes along with that glorious freedom at the end of a call when you step back into the hotel hallway and can finally fart in peace and the sublime pleasure of leaving your armpits unshaven for the whole week you’re on a break from work. Oh sweet relief! Unfortunately, that brief moment caught on camera was but one of many things that fueled dark speculations that there might be trouble in paradise for Mrs.Trump.

At this point it seems like her passion project is avoiding her husband as much as possible (she is excelling at this) so it’s unclear if she’s ready to put much more on her plate right now. If her enthusiasm for public life and antiquated feminine kitchen tasks are any sign of her ambitions to come, then Melania will likely take a path similar to the more apathetic first ladies who came before her, such as Jackie Kennedy, who dedicated her Vassar education and fluency in French to redecorating the White House. Or Lady Bird Johnson shortly thereafter, who believed that planting flowers up and down America’s highways would add some much-needed cheer to hundreds of thousands of Vietnam veteran funeral processions.

But to take the easy way out like these women did would be a grave loss for an anti-trafficking movement that relies heavily on key endorsements from celebrities who have literally no idea what they’re talking about. It would be a loss for the Trump administration which could capitalize on the conservative agenda espoused by most anti-trafficking groups, just as many American governments before it have done. And most of all, it would be a public relations loss for Melania herself, because nothing says “I hate prostitutes and am definitely not one” louder and prouder than mainstream anti-trafficking work.

Here are the top six reasons Melania Trump should support the anti-trafficking industry as First Lady: