Introduction

The decriminalisation of sex work in New Zealand, through the passing of the Prostitution Reform Act (PRA) 2003 resulted in significant improvement to police/sex worker interactions and relationships (Armstrong, 2016a), as well as improving work conditions for sex workers on a range of fronts: greater powers of negotiation of safer sex and ability to refuse clients, protection from violent attacks, and enabling workers to feel supported and safe (Abel et al, 2007). The international data indicates that decriminalisation is best practice in terms of public health (Shannon et al, 2015) and there have been positive research findings related to the health and safety of workers in the New Zealand context (Abel et al, 2007; Prostitution Law Review Committee, 2008; Armstrong, 2014). Decriminalisation in New South Wales, Australia, the only other jurisdiction to have decriminalised sex work, has also been found to benefit workers, including street workers and migrant workers (Harcourt et al, 2005, p 126); these two groups are most often excluded in legalised frameworks, which often create a two-tiered system by continuing to criminalise some forms of sex work. However, while some studies, particularly Abel et al's (2007) study into the impacts of the PRA, do include trans participants in their sample, there is an absence of research that specifically addresses the safety needs of, and law enforcement responses towards, trans sex workers. They may face additional challenges in terms of work safety and police protection, and suffer disproportionately from violence and intolerance in the community (Harcourt et al, 2001).

This chapter looks first at some of the factors that may specifically impact trans sex workers. It draws from international literature on gender-identity-based discrimination and on LGBT+ interactions with the police, before discussing the empirical literature on trans sex workers’ work conditions. This chapter then explores the experiences of trans sex workers in Christchurch, New Zealand, and draws from qualitative interviews with eight participants that the author conducted in 2018. It looks at participants’ perceptions of street work and barriers to safety when working on the street. It then examines participants’ experiences with law enforcement and their perspectives on decriminalisation. While emphasising the benefits of decriminalisation, this chapter also highlights the ongoing barriers for some workers in accessing safe working conditions, including police attitudes, exclusion from public space and ongoing stigma.