Coercion, exploitation: The problems of running brothels as businesses

Friday, 9 September 2022

Almost 20 years after sex work was decriminalised in New Zealand, those in the industry say, although the change has given them a voice, some old problems remain.

Passed into law by a single vote in 2003, the Prostitution Reform Act (PRA) decriminalised brothels, escort agencies and soliciting.

Its key aims were to safeguard the human rights of sex workers, protect them from exploitation and promote their welfare and occupational health and safety.

But while many sex workers felt decriminalisation made their job safer, recent research found coercion and financial exploitation remained common complaints among those working in brothels.

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Legally, no one can require sex workers to provide any commercial sexual service – sex workers can refuse or end bookings for any reason.

However, University of Otago researcher Claire Weinhold​ found many operators believed that was at odds with running a viable business.

“A lot of people were happy with decriminalisation – sex workers felt it had been really helpful in addressing their concerns and brothel operators were happy they could run their businesses as businesses,” Weinhold said.

“But not everyone was fully understanding of what it meant for management and some operators would double-down on how they used corporate methods to control sex workers.”

Brothel operator Dee​ said while he knew the law gave sex workers important rights, “sometimes it’s hard to know what it is actually saying.”

“Like, I know I’m not able to say they have to do anything. But then on the other hand what am I meant to do, just open up the doors for them to sit around and not see any punters? That would just be crazy, I’d have a riot on my hands. I’m not running a drop in centre.”

Dozens of interviews with sex workers, brothel operators and managers showed similar views were held by operators around the country, Weinhold said.

Sex workers commonly reported being coaxed into accepting bookings, often justified by operators on the grounds of professionalism and profit.

One such worker, Ciara​, recalled a situation where the operator’s coercive behaviour played out in front of potential clients.

“She has made a booking for you, which you may or may not want, and then it’s very difficult to get out of. Because she’s like, ‘He’s paid. He’s already waiting for you,’” she said.

“And she will be right there in front of the customer saying all this, so it starts you off on the wrong foot … . She’s like, ‘What? Why have you got a problem seeing this client?’”

Another sex worker, Joan​, described being booked by a client who looked like “he wanted to punch me in the face.”

However, when she wanted to decline the booking, she was told, “But he's paid, babe.”

A shift supervisor and sex worker interviewed by the researchers said it had long been accepted that sex workers would “take whoever comes your way.”

While sex workers looked out for each other and exceptions were made if a situation was obviously dangerous, saying no “just loses everyone money.”

Weinhold said while some operators framed these kinds of situations as “it’s a business and people are doing it to make money,” that had to be balanced with the workers’ safety and autonomy.

“Operators tend to downplay some situations they shouldn’t,” she said.

Many workers also observed that security cameras were most frequently used to monitor and discipline sex workers, rather than ensure their safety.

Even where cameras had captured images that could help with pursuing charges against a client, some operators did not seem particularly interested.

Susie​, for example, said that she “waited weeks” to get a copy of a screenshot of a client who had assaulted her from an operator and then “basically gave up.”

Sex worker Mimi​ said cameras could be protective and coercive, recalling a brothel owner who would watch the camera and complain if he saw workers turning potential customers away.

“If you know they’ve got eyes on the camera, then it’s like, OK, I can say to him [the client], there’s cameras here, they are people who can see you now. Behave nicely, and we can see you [for a booking].

“If it’s quiet, or I know [the owner] isn’t at the office [to see the camera] I’m more likely to turn them away if they look a bit funny.”

Weinhold said Mimi’s comments implied she would be less likely to turn a potential client away if the owner might be watching, and was less able to exercise agency.

Her research also highlighted financial exploitation of sex workers in brothels.

Direct fines were rare although endured in some brothels, disguised as business-related “fees”, and some sex workers reported operators “holding your money” until the end of the week or a day they had designated “pay day.”

More frequently, sex workers described coercive behaviour as a form of financial exploitation that was often reasonably subtle, with operators pushing workers to accept bookings they would rather not take.

Ripley​, who was an agency manager and a sex worker, said, “I have had conversations with managers, where I’ve said, you know, ‘It’s 3am, I’ve had six clients, and I’m done. I’m gone’.

“And they’ve gone, ‘Your shift is till 6, so no, come and meet them.’ And you go, ‘No, I’m not gonna meet them.’ And they make you meet them and make you do it, and push you. ‘Just this, just this.’”

Dame Catherine Healy​, national co-ordinator of the Aotearoa New Zealand Sex Workers’ Collective (formerly the NZ Prostitutes’ Collective) and a contributor to the research, said reports of coercion and exploitation in brothels were disappointing but unsurprising.

The collective was very clear on sex workers’ right to say “no” in any circumstances and had raised concerns about “the waters getting muddied” even before decriminalisation.

“When you’re working together night after night, the relationship will have shades to it and the boundaries can be blurred,” she said.

“Abuse isn’t always overt, it can be subtle, and there can be a power imbalance between the operator and the sex worker.

“An operator can say, ‘You said ‘yes’ last night, what do you mean you’re saying ‘no’ now?’ And an 18-year-old sex worker will stand there nodding, they’re not going to stand up for themselves.”

A former sex worker herself, Healy was a founding member of the collective which is run by, and advocates for, sex workers.

Focused on workers’ rights, HIV and STI prevention, and education, the collective also advises on law and policy relating to sex work in New Zealand and liaises between government and non-government agencies and the sex industry.

Founded in 1987, the collective began publicly campaigning for the decriminalisation of sex work two years later and was a driving force behind the eventual law change.

Healy said the Prostitution Reform Act had been “really effective” in giving sex workers a voice and bringing the issues they faced to light.

“When I was a sex worker, we couldn’t talk about this kind of thing, there was nowhere to go. But there have been some fantastic outcomes since decriminalisation, some brilliant court rulings.”

One example was the conviction in June of a man who indecently assaulted a sex worker by failing to practice safe sex, Healy said.

The indecent assault, which happened after consensual sexual activity, involved him kissing her genital area without using a dental dam.

Dental dams form a barrier over the mouth, stopping the sharing of sexually-transmitted diseases.

The man, who had visited the same sex worker multiple times prior to the assault, said he had not understood the rules, which the judge said he struggled to accept.

The man was convicted and sentenced to community detention.

“Before decriminalisation, the sex worker couldn’t have even talked about that,” Healy said.

“They really did have no voice so, in that respect, the act has been a fantastic step forward.”

But despite the progress made so far, more needed to be done to ensure sex workers knew their rights, were protected and being treated fairly, she said.

That included work to curb coercion, which was not as widely recognised as more overt abuse.

“As an industry, we can keep working at that and to have some support from the likes of Worksafe would be fantastic,” Healy said.

“I understand it can be a complicated issue but how it is addressed should still be straightforward.

“Nobody can force a sex worker to have sex, even if a client has paid, and anybody who does is breaking the law.”