ABSTRACT
Most of the current literature on prostitution and consent tends to - wholly or largely - reject the possibility of consent to prostitution sex (for sex workers). This is not an entirely unreasonable position. Economic and other coercions clearly play an important part in sex work - as they do in most other forms of work. From a traditional liberal perspective, coercion or the lack of autonomy makes valid consent impossible. However, more attention needs to be paid to the power relations which both coerce sex workers and construct their consensual capacities. An examination of recent case law addressed to the rape of prostitutes demonstrates that consensual capacity can and has been constructed in this arena over the last twenty years. Where once a prostitute could not pursue a complaint of rape her non-consent can (under some circumstances) now be registered in law. This suggests that a positive consensual capacity might also be constructed. This chapter argues that certain conditions will maximise the freedom and thus, consensual capacity of sex workers. These include safe and legal working conditions, access to other employment options (or other forms of income support), access to the criminal justice system and a politico-legal system that encourages the development of new rights as workers for prostitutes.
