S.125, an act related to voluntary engagement in sex work, and its companion bill in the House of Representatives, H.372, have been introduced. They would decriminalize consensual adult sex work in the state of VT. Lead Senate Sponsor, Senator Becca White, D-Windsor, was joined by nine co-sponsors and 13 other representatives signed on with Lead House Sponsor, Representative Taylor Small, P/D-Winooski. Each bill, which would repeal the state’s archaic prostitution laws, has been referred to its chamber’s Judiciary Committee.
January 6, 2023 – Representative Taylor Small introduced H.22, An act relating to sexual exploitation of a person who is being investigated by law enforcement. The bill, which “proposes to prohibit a law enforcement officer from engaging in a sexual act with a person whom the officer is investigating or who the officer knows is being investigated by another officer” was referred to the Judiciary Committee.
On June 7, 2022 Governor Phil Scott signed H.746, An act relating to an amendment to the charter of the City of Burlington, striking harmful language from the city’s charter. In March, 69% of Burlington residents voted to support equity, safety, and dignity by opting to remove the discriminatory language prohibiting sex work.
The charter change was then proposed for approval by both houses of the State Legislature. It was passed by a vote of 105 to 33 in the House and on a unanimous voice vote in the Senate. The Governor’s signature on the bill affirms that this type of language perpetuates stigma that can be harmful to many Vermonters and does not belong in laws.
The charter amendment will not decriminalize prostitution in Burlington; state law will continue to criminalize sex work. Significantly, the overwhelming support in favor of the amendment demonstrates that voters and legislators can distinguish between consensual adult sex work and the horrific crime of human trafficking. Understanding this distinction is crucial for communities to address trafficking into sex work in a manner that actually helps victims.
On January 14, 2021, Representatives Colburn of Burlington, Kornheiser of Brattleboro, Bluemle of Burlington, Cina of Burlington, Donnally of Hyde Park, Killacky of South Burlington, Mulvaney-Stanak of Burlington, Notte of Rutland City, Rachelson of Burlington, Small of Winooski, Surprenant of Barnard, Vyhovsky of Essex, and White of Hartford introduced H.360, an act relating to voluntary engagement in sex work. The bill, citing research and evidence proving the many deleterious effects of criminalization, cultural changes in the century since laws prohibiting prostitution were enacted, and “Vermont’s commitment to personal and bodily autonomy” proposes to ”repeal the prostitution laws that currently prohibit ‘indiscriminate sexual intercourse’ and consensual engagement in sex work for hire by adults while retaining strict prohibitions and felony criminal penalties for human trafficking of persons who are compelled through force, fraud, or coercion to engage in sex work.”
In May 2021, sex workers and advocates for survivors of human trafficking and domestic violence testified in support of H.18, an act relating to sexual exploitation of children and limited immunity from liability for a person reporting a crime, commonly referred to as a “Good Samaritan Law.” The act “directs that a person who, in good faith and in a timely manner, reports to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the prostitution statutes or for minor drug possession.” The bill was sponsored by Republican Rep. Tom Burditt and Democratic Rep. Maxine Grad. The provision on limited criminal immunity was added to the bill as an amendment without controversy and with limited debate. Governor Phil Scott approved the bill on May 18, 2021 and the law went into effect on July 1, 2021.