What is Sex Work?
The term ‘sex work’ means different things to different people. Each Australian state and territory has a different legal definition of sex work. Victoria’s legal definition is unusually broad, being the only state to incorporate elements of stripping in its legal definition of sex work.
Victoria’s definition is found in section 3 of the Sex Work Act 1994 (Vic), under the definition of ‘sexual services’. Sexual services
- require the exchange of money or other type of reward
- require at least two people
- require at least one person to be sexually stimulated
- can include physical touch of a sexual nature between the two people
- can exclude physical touch between the two people, as long as one views the other touching themselves in a sexual manner
- do NOT require sexual intercourse to occur
- do NOT require ejaculation to occur
- do NOT require the sex worker to be female. The definition includes all genders.
This definition includes certain activities by law as sex work, while leaving out others.
Sex work is
- brothel workers providing sexual services
- escort agency workers providing sexual services
- street-based sex workers providing sexual services
- private sex workers providing sexual services
- strippers performing using toy play
- strippers grinding the lap of a clothed client
- peep show performers engaging in toy play
- opportunistic sex work
- survival sex work
- massage therapists providing happy endings
Sex work is not
- stripping without toy play
- telephone sex
- peep show performances without toy play or masturbation, either clothed or unclothed
- patrons paying to enter sex-on-premises-venues (SOPVs)
- massage therapists offering strictly non-sexual massage services
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Trafficking Versus Sex Work
Human trafficking is NOT the same as sex work. Sex work involves freely consenting adults. A sex worker is engaging in work. The legal definition of trafficking must include coercion, threat or deception. A trafficked person is subjected to enforced labour and is not engaged in employment.
Sex Work or Prostitution?
Initially the Sex Work Act was called the Prostitution Control Act. The Victorian Parliament updated the terminology to reflect more contemporary usage of the term ‘sex work’. However, the Australian Taxation Office (ATO) still uses the term ‘prostitute’ under the occupation code 451813 in its Salary and Wage Occupation Codes 2018 publication. The Victorian Sentencing Advisory Council Statistics Online website also continues to use the terms ‘prostitute’ and ‘prostitution’ while referring to sex work criminal offences.
Australian Taxation Office Occupation Codes 2018
© Sex Work Law Reform Victoria 2020
Last updated: 10 March 2020