Scarlet Alliance welcomes the Criminal Code Amendment (Hate Crimes) Bill 2024, but remains concerned that these provisions do not sufficiently address gaps in anti-discrimination and anti-vilification protections in state/territory legislation.
Sex workers in unceded Australia experience:
● stigma – negative perceptions/beliefs on the basis of an attribute,
● discrimination – negative treatment on the basis of an attribute, and
● vilification – incitement of hatred, serious contempt or severe ridicule on the basis of an attribute.
We experience stigma, discrimination and vilification as individuals and as a group who share the attribute of being (or perceived as being) sex workers.
Sex workers in unceded Australia are also demographically diverse. Our community includes LGBTQI+ sex workers, sex workers from diverse ethnic, cultural and religious backgrounds, migrant sex workers, and sex workers with disability.
Sex workers who experience multiple axes of marginalisation face intersectional discrimination, e.g. as both LGBTQI+ people and as sex workers, leading to disparities in areas such as employment, access to safe, competent and affordable healthcare and community services, and accommodation/housing. Sex workers who experience multiple axes of marginalisation are also likely targets for vilification, for example Asian migrant sex workers, who are regularly targeted by mainstream Australian media.
The Criminal Code Amendment (Hate Crimes) Bill 2024 provides some extension to Commonwealth criminal vilification laws, which are intended to target the most serious hate crime offending. However, this does not address gaps in Commonwealth or state/territory civil anti-discrimination and anti-vilification law. Without these protections, both federally and in every state and territory, sex workers will continue to be targets for stigma, discrimination and vilification.
