S.F. will let sex workers report crimes without risk
San Francisco sex workers who come forward to say they’ve been assaulted, raped, robbed or extorted — or that they’ve witnessed such crimes — cannot then be arrested for prostitution or petty drug crimes under policies adopted by city police and prosecutors.
The new guidelines, finalized last month and announced Thursday, were described by advocates as the first of their kind in the nation. They seek to encourage sex workers and victims of human trafficking to cooperate with higher priority investigations without fear of ending up in jail.
Police Chief Bill Scott said in a department bulletin that the new rules “institutionalize” existing practices.
His bulletin states that officers “will not arrest persons for involvement in sex work or
other forms of sex trade when they are victims or witnesses of sexual assault, human trafficking, stalking, robbery, assault, kidnapping, threats, blackmail, extortion, burglary or other violent crime.”
In a statement, Scott said, “We understand that many times sex workers are themselves victims of predators and human traffickers. Our policy is written in the spirit of encouraging sex workers to feel safe coming forward to law enforcement, with the knowledge that they will be treated with respect and their concerns will be taken seriously and investigated.”
District Attorney George Gascón made a similar commitment, saying in a policy statement that his office will not prosecute people involved in sex work for prostitution-related crimes and minor drug offenses.
“If we fail to prioritize this population’s health and safety they will not come forward and work with law enforcement as witnesses and victims of violence,” Gascón said. “Ultimately, unreported crimes and criminals pose a threat to everyone’s public safety.”
The policies were created in partnership with advocates for human-trafficking victims and sex workers, as well as the city Department on the Status of Women. According to research by nonprofit research institute RTI International, most sex workers in San Francisco don’t go to the police when they have been victimized.
“Our hope for this policy is to reduce the harm experienced by sex workers, in particular women of color and transgender women engaged in the sex trades, who have no protections when reporting violence, or experience mistreatment at the hands of law enforcement,” said Johanna Breyer, executive director of St. James Infirmary, a health clinic for sex workers in San Francisco’s Tenderloin.
Minouche Kandel, director of women’s policy at the Department on the Status of Women, called the new policies “a major step toward addressing violence against women wary of contacting law enforcement because of their criminalized status.”