It would seem than under any version of “Nordic Model” legislation enacted or proposed any sex worker has the right to sue any individual, department, or service that, through action or negligence, leaves her in a position where her only option is to sell sex and perhaps even if they only obstruct her access to a legal alternative to selling sex.
Let me tell you how that works:
Under law all that counts are legal definitions.
The Nordic Model defines the purchase of sex as a crime of sexual violence committed against the sex worker. There is no doubt that placing or leaving a person in a position where they have no reasonable way to avoid being the victim of a crime of sexual violence is actionable in the civil courts.
If there is any element of duty of care involved this escalates.
If cause can be shown to believe the respondant was aware they were creating a situation where the plaintiff could not avoid being the victim of violent sexual crime this many escalate into a situation where criminal charges are also appropriate.
The sex worker does not even have to believe that she has been the victim of a crime of sexual violence because all that counts in law is the legal definition of her position.
The sex worker does not even have to be working under duress as the Nordic Model presumes sex work to be duress in and of itself.
It is a lateral legal loophole you could drive a panzer division through. It needs researching and refining of course, but I think it will hold water and I do not think there is any way to have Nordic Model legislation without creating this situation…and to put the icing on the cake every argument ever put forward by the abolitionist lobby supports the position.
If we cannot block the Nordic Model in any country I would suggest every sex worker seek damages by this means. Class actions against larger services will also be an option.
Expensive mayhem through the civil courts, against a wide variety of public services and NGOs. For an idea of how extensive this could be see Myth: Women Are Forced to Sell Sex by Sex Buyers while bearing in mind that the principle of retro-action in the case of historic sexual offences has already been established under law.
(To give you one example, presenting themselves as the only gateway to relevant resources, by dedicating most of their funding to lobbying in a way all sex workers know to be blatantly untruthful and have conscientious objection to, and thereby obstructing many sex workers who genuinely need help to leave the sex industry, Ruhama Ireland have wracked up a considerable class action all by themselves with a significant potential for criminal charges on several counts including complicit liability in criminal fraud . What is more they thoroughly deserve it.)
I think it is a BRILLIANT idea. So many sex workers will be able to retire wealthy with full adult autonomy…
The question is, how many Governments will appreciate just what a brilliant idea it is?
Food for thought.