Crimes related to the sex trade: Before and after legislative changes in Canada

January 17, 2022, 8:31 a.m. (EST)

Police-reported crimes related to the sex trade fell by over half (-55%) from 2010 to 2019, driven by fewer incidents of stopping or impeding traffic, or communicating for the purpose of offering, providing or obtaining sexual services. Most of this decline occurred before the Protection of Communities and Exploited Persons Act (PCEPA) was adopted in 2014, which affected the legality of selling and purchasing sexual services in Canada.

In December 2014, the PCEPA shifted the focus of criminalization related to the sex trade away from those who sold their own sexual services onto those who purchased or benefitted financially from the sexual services of others. The PCEPA responded to the Supreme Court of Canada's 2013 Bedford decision, which found that some Criminal Code "prostitution" offences violated an individual's rights under the Canadian Charter of Rights and Freedoms on the basis that they prevented those who work in the sex trade from taking steps to protect themselves when engaging in risky, but legal activity.

As a result, three Criminal Code offences were subsequently repealed and new offences were created. These new offences differentiate between purchasing sexual services and third-party offences that target those who profit from the sale of sexual services of others.

After the change in legislation, fewer women were charged with or convicted of crimes related to the sex trade. At the same time, there were more incidents related to the new purchasing offences as well as third-party offences―crimes primarily committed by men.

Juristat article released today, titled "Crimes related to the sex trade: Before and after legislative changes in Canada," examines changes in sex trade-related crimes reported by police before and after the 2014 change in Criminal Code legislation.

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