But an attempt to decriminalize sex work—another component of the “Nordic model”—failed.
By Erica C. Barnett
State legislation that would have made it a first-strike felony, rather than a misdemeanor, to pay another person for sex or “sexual contact” has gone through several revisions since late January, when King County prosecutors gave a lurid, exploitative presentation to the Seattle City Council in an effort to drum up support for the bill. Last week, the proposal passed out of a House committee on a contentious 5-4 vote; from there, it faces an uphill battle in its current form.
In its original iteration, the legislation—sponsored by Democrats Chris Stearns (D-47, Auburn) and Lauren Davis (D-32, North Seattle)—would have made it a Class C felony, punishable by up to five years in prison and a fine of up to $10,000, to pay another person for sex. The bill would have also changed the term “patronizing a prostitute” to “commercial sexual exploitation”—the same term used, incidentally, in Seattle’s anti-prostitution laws.
However, after blowback from the county prosecutors’ presentation drew new attention to the bill, the proposal underwent a transformation, including a proposal from Rep. Tarra Simmons (D-23, Bremerton) that would have decriminalized sex work statewide.
Simmons called decriminalization a necessary component of the so-called “Nordic model,” a widely adopted approach that criminalizes sex buyers in an attempt to eliminate demand.
“I was trafficked as a young girl,” Simmons said. “If you want to get to exploitation and get to trafficking and to solve the issue and to protect the victims, you have to do both—not just increase penalties, but allow the victims to be victims and not be criminalized.”
Decriminalization went a step too far for other House Democrats, but the version that passed out of the House Community Safety Committee last week does include some significant changes from the original proposal.
First, it raises the crime of patronizing a sex worker to a gross misdemeanor for the first two offenses, rather than a felony; the third time, it becomes a felony, as in the original version. The amended bill also replaces the phrase “commercial sexual exploitation” with the more neutral term “patronizing a person for prostitution.”
Under the bill, sex work would remain illegal, but sex workers would get two shots at “services”—which Simmons said might include job training, treatment, and counseling—before they’re prosecuted for prostitution, a misdemeanor.
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During last week’s committee meeting, Rep. Davis argued that by not raising the crime of paying for sex to a first-strike felony (that is, by increasing it from a misdemeanor to a gross misdemeanor for the first two offenses) will only result in more women being exploited and trafficked.
“These women are not entrepreneurs. The term ‘sex work’ implies volition,” Davis said.
“Representing North Aurora. I’ve learned some things,” Davis continued. “There’s a kind of pimp called a gorilla pimp. Gorilla pimps dominate their victims by force and violence. I know of a gorilla pimp who took razor blades to his victim’s back, and another who had his victim mauled by dogs.” In her district, which includes Shoreline, street sex work starts at the Seattle city line, she said, because “there’s no enforcement” of anti-prostitution laws in Seattle. (Other theories include a relative lack of cheap motels and significantly better street design north of 145th.)
Charging sex buyers with a gross misdemeanor, rather than a felony, would “also make it easier for pimps to recruit, because there’s no legal liability, there’s no downside,” Davis said. This is a confusing claim: Promoting prostitution—being a pimp—is a Class B felony, punishable by up to ten years in prison, which seems like a pretty big potential downside. Building a case against a trafficker or pimp is harder and more time-consuming than doing the kind of quick-hit sting operations favored by police departments, however.
Davis pointed out that there’s actually a third part of the Nordic model—ample, freely available services, including treatment and housing, none of which are funded through the amended bill. Simmons agreed that the state should fund more services for trafficking victims, and said she’d like to start with more funding for peer support—people with direct experience in the sex trade who can talk to people who are being exploited and “hold their hand and take them to safety” away from their traffickers and pimps.
“I’ve never seen problems solved through increasing penalties,” Simmons said. “I don’t think johns are going to stop and think, ‘This is gonna be two days in jail [versus] a month in jail.’ They’re not thinking about that.”
Rep. Brian Burnett (R-12, Wenatchee) said his own daughter was trafficked and “raped literally thousands of times over the course of eight or nine years.” As the only trafficking survivor on the panel, though, Simmons said she “felt invisible a lot of times.”
“I also felt like they were missing the point of helping the victims and survivors,” Simmons said. “They’re not going to accept help from law enforcement, because they’re going to run.”
This story originally misattributed Rep. Burnett’s comment to Rep. Stearns. We regret the error.







