A History of Sex as a Business 10 | Where Do We Go From Here: Laws, Justice, and Human Dignity

by Danny Ballan | Aug 3, 2026 | A History of Sex as a Business

This is part 10 of 10 in The Oldest Profession

The Oldest Profession

(1) A History of Sex as a Business 01 | In the Beginning: Sex, Temples, and the First Economies

(2) A History of Sex as a Business 02 | Greece, Rome, and the Architecture of Desire

(3) A History of Sex as a Business 03 | The Middle Ages: God, Sin, and Regulation

(4) A History of Sex as a Business 04 | Courtesans, Kings, and the Politics of Pleasure

(5) A History of Sex as a Business 05 | The Colonial Export: Race, Empire, and the Global Trade

(6) A History of Sex as a Business 06 | Victorian Shadows: The Underground Economy of the Empire

(7) A History of Sex as a Business 07 | The 20th Century: Wars, Migration, and the Criminalization Wave

(8) A History of Sex as a Business 08 | The Business Model: How the Industry Actually Works

(9) A History of Sex as a Business 09 | The Digital Turn: Platforms, Algorithms, and OnlyFans

(10) A History of Sex as a Business 10 | Where Do We Go From Here: Laws, Justice, and Human Dignity

What if there is no policy solution to this question that doesn't require us to make genuine tradeoffs between values we all hold — and what if the measure of our seriousness about this issue is precisely our willingness to sit with that difficulty rather than retreat to comfortable certainties?

We have been traveling for ten episodes now. From the clay tablets of ancient Mesopotamia to the FOSTA-SESTA debate in the US Congress. From the hetaerae of Athens to OnlyFans. From the comfort women of the Imperial Japanese Army to the survivor-led advocacy organizations working today. This has been a serious history of a serious subject, and I hope that by this point, if the series has done its job, you have a sense of why serious engagement with this history matters.

Now comes the hardest part: what do we do with it?

The Four Models: A Clear-Eyed Overview

There are, currently, four major policy frameworks being applied to commercial sex in different jurisdictions around the world. Let me describe each of them as clearly and honestly as I can.

Full criminalization means that commercial sex is illegal — buying is illegal, selling is illegal, running an establishment is illegal. This is the model that prevails in most of the United States, in much of the developing world, and in many countries with strong religious conservative traditions in law. The evidence on its effects is, at this point, substantial: full criminalization does not eliminate commercial sex. It pushes it underground. It makes the people in it more dependent on third parties who can provide the protection and coordination that law enforcement withdraws. It increases violence against the most vulnerable participants. It makes it harder for people to access health services. It gives law enforcement leverage over people in the industry that is regularly abused. None of these effects are seriously contested in the public health and criminological literature.

The Nordic Model, also called the Swedish Model or the sex purchase ban, was adopted by Sweden in 1999 and has since been adopted by Norway, Iceland, France, Northern Ireland, and other jurisdictions. It decriminalizes the selling of sex while criminalizing the buying of sex. The theory is that commercial sex is inherently harmful — particularly to women — and that reducing demand by targeting buyers will reduce the industry overall without pushing the burden of criminalization onto sellers. Sweden has reported significant reductions in street-level sex work since the model's introduction, which its advocates attribute to the law. Critics argue that the reductions reflect displacement rather than elimination — that the industry has moved online and indoors and out of police sight rather than actually shrinking. Studies from Norway and elsewhere have found that people in the industry report feeling less safe under the Nordic Model, not more, partly because the criminalization of buyers makes buyers more risk-averse in ways that increase danger for sellers. The evidence is genuinely contested, and the framing of what counts as success — fewer visible sex workers? fewer instances of violence? fewer trafficking victims? — significantly affects what the data shows.

Decriminalization means removing criminal penalties from all aspects of commercial sex — buying, selling, and operating premises — and applying the existing labor law, public health law, and criminal law framework to the industry as it applies to any other. New Zealand adopted this model in 2003, and it is advocated by most mainstream public health organizations, by most organizations run by and for people in the industry, and by Amnesty International, Human Rights Watch, the WHO, and UNAIDS. The evidence from New Zealand suggests that decriminalization improved safety for workers, improved access to health services, and did not produce the significant expansion of trafficking that some opponents predicted. Critics, particularly organizations that oppose commercial sex on principle, argue that decriminalization normalizes exploitation and that the New Zealand results cannot be generalized. Some anti-trafficking organizations argue that decriminalization makes it harder to distinguish trafficking from voluntary work. The debate continues.

Legalization means allowing commercial sex as a licensed, regulated industry — with the state issuing licenses to premises and potentially to workers, setting health and safety requirements, and taxing the industry. This model operates in Germany, the Netherlands, Nevada, and a handful of other jurisdictions. The evidence on legalization is mixed and somewhat sobering: research in Germany and the Netherlands has found that legalization created a large, legal sector of commercial sex while also creating a parallel illegal and underground sector operating outside the regulatory framework. People without legal immigration status — who are among the most vulnerable to exploitation — cannot access the regulated sector and fall into the unregulated one. The German legalization model in particular has been criticized by researchers and advocates for producing a two-tier system that benefits the most privileged and exposes the most vulnerable.

The Survivor Voices: Complexity and Division

One of the most important and most politically difficult aspects of this policy debate is the question of whose voices should be centered.

There are survivors of trafficking who speak powerfully and consistently about the harm they experienced in commercial sex and who advocate for the Nordic Model or for full criminalization as the only approaches that take their harm seriously. Their testimony is real. Their experiences are genuine. The harm they describe is not hypothetical.

There are also people who have worked in commercial sex by genuine choice and who speak about the harms of criminalization — the police harassment, the violence enabled by illegality, the health risks of pushed-underground work — with equal force and specificity. Their experiences are also real, also genuine, also describing actual harms.

And there are people — the most important and the least heard — who exist somewhere between these clear categories: people who entered commercial sex under conditions of economic desperation that precluded fully free choice, who were not trafficked in the strict legal sense, and whose experience of harm and of agency does not fit neatly into either narrative. These people are rarely centered in policy debates because their stories are too complex to serve as effective advocacy.

The political dynamics of this debate tend to amplify the loudest and most articulate voices on both sides and to treat them as representative of a broader community that is, in fact, radically heterogeneous. "Sex worker voices" is not a single political position. "Trafficking survivor voices" is not a single political position. The actual range of experiences and perspectives within both categories is vast. Policy that collapses that diversity into a single narrative will fail — and consistently has.

What the Evidence Suggests We Know

Setting aside the most contested questions, there are some things that the accumulated evidence of the past several decades suggests with reasonable confidence.

Criminalization of sellers does not reduce commercial sex and makes vulnerable people less safe. This is the most well-supported finding in the public health literature on this subject. Full criminalization, in particular, has been tried for a century in the United States, and the results are clearly not what its advocates hoped for.

Economic desperation is the primary driver of trafficking vulnerability. The people most vulnerable to trafficking are those with the fewest economic alternatives — people fleeing poverty, conflict, or climate displacement; people with limited legal status in their country of residence; people with no family or social safety net. Interventions that address economic desperation — access to education, to legal immigration pathways, to labor rights, to social protection — are likely to be more effective at reducing trafficking vulnerability than policing interventions alone.

Demand reduction is an underexplored lever. The buyer side of the commercial sex transaction has been remarkably underaddressed in policy globally. What the evidence says about demand reduction specifically is limited and contested — the Nordic Model's evidence is genuinely disputed — but the theoretical case for taking demand seriously is strong, and the political resistance to treating buyers as responsible agents in this system is itself a revealing data point about whose interests policy is serving.

Health and safety improve when people in the industry have access to services without fear of criminalization. This is one of the clearest findings from both public health research and harm reduction practice. Criminalization reduces access to healthcare, to social services, and to law enforcement protection when violence occurs. Any policy framework that makes the people in this industry less able to access help will increase harm. This is true regardless of what other policy goals the framework is serving.

The Structural Question: What Would Actually Change Things

I want to spend the last section of this final episode on what I think is the most important question that the entire series has been building toward: what would it actually mean to take the human dignity of every person involved in this industry seriously?

Not rhetorically seriously. Not in the sense of expressing the right amount of concern. But in the sense of organizing our social, economic, legal, and political responses around the genuine interests of the most vulnerable people involved.

Here is what I think that would require.

It would require taking economic inequality seriously as the primary driver of trafficking vulnerability. This means genuinely addressing the conditions of poverty and displacement that create vulnerability — not as a distant aspirational goal but as a concrete political priority, domestically and internationally.

It would require honest acknowledgment that people currently working in commercial sex have health needs, safety needs, and legal rights that deserve to be met regardless of moral opinions about the industry. This means harm reduction services, legal protection from violence, and the ability to report crimes to law enforcement without fear of prosecution.

It would require taking buyers seriously as moral agents with responsibility for the system they participate in — not through punitive criminalization necessarily, but through social and cultural accountability that currently largely does not exist. The buyer who does not ask whether the person he is purchasing from is there by free choice is making a moral choice. That moral choice deserves to be named.

It would require listening to the people who live and work in this industry — all of them, not just the ones whose stories fit the preferred advocacy narrative — with genuine humility about the complexity of their experiences and genuine commitment to their actual interests rather than our ideas about their interests.

And it would require sitting with the genuine difficulty of a question that has no clean answer. Five thousand years of history have not produced a clean answer. The ancient world didn't have one. The medieval Church didn't have one. The Victorians certainly didn't have one. We don't have one either. What we have is better evidence, better analytical tools, and a greater capacity for honest public discussion than any previous era. Whether we use those capacities — whether we're willing to have the genuinely difficult conversation rather than the rhetorically comfortable one — is a choice. It's a choice that gets made in elections, in legislation, in policy, and in the cultural conversations we're willing to have.

This series has been one small contribution to that conversation. There is, as you may have noticed, a great deal more to say.

Discussion Questions

The Nordic Model and decriminalization represent genuinely different theories of how to protect people in and around the commercial sex industry. Having heard the evidence for both, where does your thinking currently sit — and what evidence would change it?

Economic inequality is the primary driver of trafficking vulnerability. If you accept this, what does it imply about the priorities of anti-trafficking policy versus social and economic policy more broadly?

The buyer has been treated as peripheral in most policy discussions of commercial sex and trafficking. What would it look like to take buyer accountability seriously — culturally, legally, and practically?

Five thousand years of history have failed to produce a policy approach that eliminates commercial sex exploitation. What does that stubborn persistence tell us about the nature of the problem — and does it change what we should be trying to do?

The Oldest Profession

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