Resisting “manufactured” vulnerability: Discretionary policing and migrant sex workers’ resistance strategies in Malta

• In Event: Experiencing othering: Rethinking police relations with vulnerable groups

Abstract

Sex work in Malta operates within a complex legal framework where the act of selling sex is legal, but associated activities such as solicitation and sharing a dwelling with other sex workers, are not. Legal ambiguities create a semi-legal space in which sex workers navigate both legal and extralegal risks, often lacking formal protections while being subject to discretionary policing, social stigma, and potential exploitation. As international research has demonstrated, in countries where sex work is criminalized or heavily policed, sex workers are exposed to police corruption, extortion, and exploitation (Mai, 2018; Vuolajärvi, 2019). Yet, in these same contexts, workers develop tactical adaptations to mitigate risks, evade enforcement, and maintain economic stability.

Drawing on 26 interviews with migrant sex workers in Malta, this article has the twin objective of shedding light on the vulnerabilities faced by migrant sex workers in Malta as a result of discretional and transactional policing (Fassin 2013; Wacquant 2009), and emphasising the different strategies put in place by migrant sex workers to resist criminalisation. To do so, the article presents four different case studies reflective of trends emerging from the qualitative data, which illustrate the different strategic approaches that individuals resort to. Despite recognizing the skills and resourcefulness of (migrant) sex workers, the authors acknowledge the limited space for maneuver available to those engaging in sex work when restrictive sex work and migration policies are in place, and call for urgent legal and policy reform.

Authors

• Maartje van der Woude, Professor of Law and Society, Universiteit Leiden

• Isotta Rossoni, PhD researcher, Universiteit Leiden