We have developed this “Framework of consent in the sex industry” to help services consider women’s experiences of consent when selling sex. As a practitioner, it can support you to understand different factors that can undermine women’s ability to agree to (or refuse) sex in a sexual transaction.
Considerations around consent happen at different stages of the agreement between a woman selling sex and a sex buyer: before, during, and after the sexual transaction.
Considerations around consent happen at different stages of the agreement between a woman selling sex and a sex buyer: before, during, and after the sexual transaction.
The before stage consists of two parts:
The during phase emphasises the importance of women's boundaries and the responsibility of those purchasing sex to obtain full consent. Threats of harm, lack of consideration for the woman's well-being (e.g. non-verbal cues indicating she is unwilling to participate in the sexual encounter, suspicions of pressure from third-parties, or signs of abuse), and disregard for women’s boundaries can undermine women’s consent.
The after stage highlights instances of both direct and indirect harm that can occur following a sexual encounter. It underscores that the risks women face extend beyond the interaction that happens before and during the sexual act. This can include punters sending repeated unwanted messages or following women (stalking) or distributing images or videos that were secretly taken during the encounter. This stage also relates to women having to continue selling sex and not being able to stop when they wish to due to third party pressure, money considerations and/or abuse, among other circumstances.
- First, there are specific conditions that a person should meet before becoming involved in selling sex and prior to a sexual encounter. These include being over 18 years of age; having capacity to consent; and having complete and accurate information about the dynamics of sexual transactions to be able to give informed consent. If women lack these conditions, it can invalidate their consent.
- Second, women and sex buyers must agree on the terms of the encounter, which may include agreeing on sexual acts, the duration and location of the encounter, and payment. However, sex buyers can undermine women’s consent if they decide to pay less, refuse to pay, threaten to leave a negative review or put pressure on the woman to change the initial agreement (e.g., pushing for sex acts that the woman did not want to do or wanting to bring more people to the encounter for the same price).
The during phase emphasises the importance of women's boundaries and the responsibility of those purchasing sex to obtain full consent. Threats of harm, lack of consideration for the woman's well-being (e.g. non-verbal cues indicating she is unwilling to participate in the sexual encounter, suspicions of pressure from third-parties, or signs of abuse), and disregard for women’s boundaries can undermine women’s consent.
The after stage highlights instances of both direct and indirect harm that can occur following a sexual encounter. It underscores that the risks women face extend beyond the interaction that happens before and during the sexual act. This can include punters sending repeated unwanted messages or following women (stalking) or distributing images or videos that were secretly taken during the encounter. This stage also relates to women having to continue selling sex and not being able to stop when they wish to due to third party pressure, money considerations and/or abuse, among other circumstances.
