sex worker's rights

Three women challenged three Canadian Criminal Code provisions that indirectly restricted the practice of prostitution by criminalizing various related activities. Section 210, which prohibited the operation of common “bawdy-houses,” prevented prostitutes from offering their services out of fixed indoor locations such as brothels. Section 212, which prohibited “living off the avails” of prostitution, prevented anyone, including “pimps,” from profiting from another’s prostitution.

Articles 178 and 179 criminalize procuring and sexual exploitation, punishing anyone who exploits the prostitution of another person or benefits from it, even with the victim’s consent. The baseline penalty is eight to ten years of imprisonment. The law imposes harsher penalties of up to fifteen years if aggravating circumstances are present, such as acting for profit, using violence, or having a family relationship with or being in a position of authority over the victim.

Section 53a-82 makes it unlawful for any person eighteen years of age or older to engage, agree to engage, or offer to engage in sexual conduct for a fee. The offense applies whether the act is completed or merely solicited, emphasizing that the exchange of sexual conduct for money itself constitutes the violation. A first offense is classified as a Class A misdemeanor, which is punishable by up to one year in jail, a fine of up to $2,000, or both.

Section 372 of the Malaysia Penal Code makes it a crime to sell, let for hire, or otherwise dispose of any person for the purpose of prostitution. It also criminalizes bringing a person into or taking a person out of Malaysia with the intention that the person will be used for prostitution. A conviction carries a maximum penalty of fifteen years in prison, whipping, and a fine. Section 372B extends the framework by prohibiting solicitation for prostitution or any “immoral purpose” in any place.