Police oppose bill meant to encourage sex workers to call 911 if they are victims of crime
(Photo: Ronda Churchill/Nevada Current)
A recent survey of sex workers in Nevada found nearly all lack confidence in the criminal legal system and feel law enforcement doesn't take sexual assault allegations seriously.
As a result, those engaging in sex work are often afraid to report crimes or come forward to get medical help, said UNLV sociology professor Barb Brent, who conducted the survey of 334 people.
Assembly Bill 209, sponsored by Democratic Assemblymember David Orentlicher, hopes to change that. The bill would grant sex workers immunity from criminal liability from prostitution-related offenses if they call 911 seeking medical assistance.
Orentlicher said sex workers are 'one of our most marginalized communities' and often 'face a significantly increased risk of rape and other physical violence.'
'Despite their elevated risk of grave harm, sex workers face a serious barrier to receiving medical care,' he continued. 'If they go to the hospital, police may be called in, and sex workers worry that, because they engage in prohibited conduct, they would be arrested.'
AB 209 passed out of the Assembly in April on a party-line vote and was heard by the Senate Judiciary Committee on Tuesday. It must pass out of the committee by Friday or it will be declared dead.
The bill was originally broader and included protections for sex workers who called the police if they were victims or witnesses of crime, including assault or human trafficking. In an attempt to appease law enforcement, Orentlicher narrowed the bill specifically to protect sex workers seeking medical assistance.
The Las Vegas Metropolitan Police Department, the Nevada Sheriffs' and Chiefs' Association, and the Nevada Association of District Attorneys still oppose the legislation.
Eve Hanan, a professor at UNLV's Boyd School of Law who presented alongside Orentlicher, said nine states have passed similar laws to offer some protections to sex workers who seek medical assistance or report crimes against them.
'This is not the type of bill that has met with opposition in the other states where it's passed and where it's being considered,' she told lawmakers.
Chris Ries, representing LVMPD, asked for examples of police arresting sex workers who seek medical help. Ries said the bill implies that officers would 'prioritize an arrest over addressing an emergency situation.'
'During discussions with the proponents, they were unable to provide an example of this,' Ries said. 'Bluntly, this does not happen. Perpetuating this inaccurate narrative exacerbates the mistrust.'
He encouraged sex workers to come forward without fear when seeking medical services and emergency assistance.
But proponents of the bill countered that part of the problem is that people aren't seeking medical help or reporting crimes out of fear of being arrested.
'This person who is engaging in sex work is incredibly vulnerable to sexual and other forms of assault while she's engaged in sex work, yet the costs of reporting a serious, violent crime committed against her, they're simply too high for her to risk reporting,' Hanan said. 'It's a problem of being unable to report out of fear of what the possible consequences would be.'
In a recent study published this year, Brent found 92% of the 334 people interviewed said they don't think 'police takes rape against sex workers seriously.'
Brent submitted written testimony from the people she interviewed. They described 'belligerently intoxicated and aggressive' encounters and 'predators posing as clients.'
'They count on you (the lawmakers) to keep it this way, so that they can prey on our vulnerability through the law,' wrote one anonymous worker.
While Ries said he didn't think the bill was needed and suggested people could seek assistance without fear, some Democratic lawmakers pushed back.
'Would you not believe that putting into law proactive and protective measures such as this bill might encourage those victims to come forward more fully because they feel more comfortable, because there are protections in law,' asked Democratic state Sen. Rochelle Nguyen.
Republican state Sen. Ira Hansen said the legislation seemed like a Band-Aid to a larger problem and questioned why Clark County didn't just legalize prostitution. He later clarified he would be against any measure to decriminalize sex work.
AB 209 is supported by the ACLU of Nevada, the Nevada Fines and Fees Justice Center, and both Clark and Washoe public defenders office
'By removing the fear of arrest by seeking emergency and medical care, we can reduce harm, save lives and build bridges between vulnerable individuals and the support systems that they so desperately need,' said Angela Knott with the Washoe County Public Defender's Office.

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