Sesta/Fosta as de Facto Hate Policy

Combatting Carceral Investments and Uplifting Community-Based Solutions

Bibliographic Data

ID6451370
AuthorsKristina Fuentes (0000-0003-4826-4980), Lauren Levitt (0000-0002-5490-1678), Kimberly M Soriano, Alisson Rowland, Natasha Wit
Year2025
Volume22
Issue4
Pages1705-1716
Publication date2025-01-07
Open AccessYes
TypeARTICLE
VenueSexuality Research and Social Policy (JOURNAL)
Journal identifiersISSN: 1553-6610 • E-ISSN: 1868-9884
PublisherSpringer Science+Business Media (PUBLISHER • DE)
DOI10.1007/s13178-024-01075-3
OpenAlexW4406150436
LanguageEN
Citations received3
References cited14

Introduction Sex workers overlap demographically with individuals who are pushed into informal economies due to their marginalized identities. Although policies increasing the criminalization of sex work are not regarded as hate politics, we argue that these policies are de facto hate policies against LGBTQ + communities and other marginalized groups. Methods We utilize a literature review of nine empirical studies (2018–2023) on the effects of SESTA/FOSTA, a sex worker hate policy, as well as 25 interviews from a 2022 community-based study on the effects of California Senate Bill 233 (SB233), which decriminalized condom possession. Results SESTA/FOSTA harmed sex workers by reducing their income, restricting access to safety and screening resources, increasing the risk of exploitation and violence, and removing online spaces for community building and political organizing. Moreover, marginalized sex workers felt these effects most keenly. The SB233 interviews further revealed that condom possession was utilized as a means for law enforcement to harass trans women through pervasive harassment, deadnaming, and forcing sexual encounters with the threat of violence and jail time. Conclusions SESTA/FOSTA reveals how policies increasing the criminalization of sex workers also hate policies against marginalized groups. However, policies reducing the criminalization of sex workers, such as SB233, may be ineffective without community involvement. For this reason, we recommend community-based policies like SB357, which repealed loitering with intent. Policy Implications Hate politics increase carceral investments, leading to police harassment and surveillance of marginalized groups. We recommend community-led policy suggestions as an alternative

Criminalization · Criminology · De facto · Decriminalization · Harassment · Law enforcement · Political science · Politics · Possession (linguistics · Sex work · Sociology · HIV, Drug Use, Sexual Risk · Law · Sex work and related issues · Sexuality, Behavior, and Technology

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