Washtenaw County will no longer prosecute consensual sex work

Washtenaw County's new prosecutor says his office will no longer pursue charges against adults who engage in consensual sex work, a move that national advocates praised as a win for marginalized people.

The policy directive that Prosecutor Eli Savit issued Thursday applies to both people who sell sex and those who solicit it.

Savit's policy cites research showing that criminalization forces sex workers to operate in a black market and in isolated areas, exposing them to violence and exploitation. The threat of prosecution makes sex workers and survivors of trafficking less likely to report crimes, he said.

"As with other prohibitionist policies, the criminalization of sex work actually increases the risk of sex work-adjacent harm," Savit said in an announcement on the prosecutor's office website. "Forcing sex workers to operate in the shadows increases their susceptibility to physical assault, sexual assault and trafficking."

The prosecutor's office says it will continue to file charges related to human trafficking, violence and sexual assault that arise from sex work, and the solicitation of sex from minors. The office will also still seek charges against pimps. The policy directive prohibits prostitution and solicitation charges against people who were forced to engage in sex work. 

Savit's announcement Thursday is the latest in a number of reforms he's implemented since taking office earlier this month. He recently announced his staff will no longer seek cash bail, and they won't prosecute for the possession or small-scale distribution of magic mushrooms and other natural psychedelics.

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Savit's policy says the criminalization of sex work in America is "in tension with constitutionally protected liberties." Laws banning consensual sex between adults generally violate the United States Constitution. 

The policy goes on to state: "It is only when sex is exchanged for money that such activity may be banned. But even once money enters the equation, sex is not consistently criminalized. Pornography, for example, is generally legal in the United States."

A movement to decriminalize prostitution in America has been ongoing for decades, said Melissa Broudo, legal director of Decriminalize Sex Work, a national advocacy nonprofit. Organizations such as Amnesty International, Human Rights Watch and the American Civil Liberties Union have called for the decriminalization of consensual sex work. 

Over the last few years, the emergence of more progressive prosecutors has resulted in policy changes in places like San Francisco and Philadelphia. Numerous candidates for the Manhattan District Attorney have come out in support of the decriminalization of sex work, Broudo said.

"It does feel like the tide is turning, that elected officials are being responsive to facts and data on this issue," she said.

Broudo and others said they expect Washtenaw County's policy to have an impact on marginalized individuals who do sex work. Nearly 40% of adults and about 60% of youth arrested for prostitution in America in 2015 were Black, according to Amnesty International. The organization also points to reports showing that Black transgender individuals who sell sex are particularly vulnerable to harassment and violence from police. 

"This is a really wonderful thing that other jurisdictions should duplicate because across the country, Black folks ... and also trans and cisgender women all bear the disproportionate burden of criminalization," said RJ Thompson, a sex worker who is managing director of the Sex Workers Project of the Urban Justice Center, a national legal services and advocacy group.

In Michigan, prostitution and solicitation can be misdemeanor or felony offenses. The punishments range from a maximum of 93 days in jail and/or a fine of not more than $500 for a misdemeanor to up to two years in prison and/or a fine of not more than $2,000 for a felony. 

The Washtenaw County Prosecutor's Officewill dismiss pending cases against defendants who would not have been charged under the new policy, Savit said. 

Under the policy, prosecutors also won't contest applications for expungement when the underlying charge arose from the consensual exchange of sex for money. 

Krystle DuPree, political director of Black Lives Matter Ann Arbor, was part of a work group that offered feedback on the policy. She said the change sends a message that "sex work is work" and shouldn't be treated as a crime. 

"I think decriminalization of sex work is the first step toward combating that stigma," she said.

Angie Jackson covers the challenges of formerly incarcerated citizens as a corps member with Report for America. Her work is supported by The GroundTruth Project and the Hudson-Webber Foundation. Click here to make a tax-deductible contribution to support her work. Become a Free Press subscriber.  

Contact Angie: ajackson@freepress.com; 313-222-1850. Follow her on Twitter: @AngieJackson23