sex work Queensland
(Image: Respect Inc)

Late on Friday, the Queensland Law Reform Commission released its report on consent, deciding not to update the criminal code to define non-payment of fees for a sex worker’s service as rape.

Australian sex workers have had their bank accounts closed without explanation. Their attempts to set up merchant services have been refused, and they are also being barred from pay services like PayPal. 

Now, advocacy groups say clients are disputing charges and refusing to pay sex workers for services at an increasing rate. It’s a problem which raises big questions around consent and rape. 

How common is this? 

Estelle Lucas is the founder and spokesperson for Red Files, an online not-for-profit organisation that works toward the prevention of violence and exploitation of sex workers. Lucas told Crikey there had been an upward trend in clients attempting to not pay for services.

“[Clients] may change one number of the account details so it looks fine at a glance, they might schedule the payment for a future time and then cancel it, or they might call up the bank and say the payment is fraudulent,” she said.

Lucas believes the reason for the uptick is due to a lack of punitive action. 

“When sex workers go to the police and nothing happens, it enables predators. Once predators have a system that works for them and there hasn’t been any intervention by society, it gives them the green light to keep doing it.”

Sex worker Christine McQueen told Crikey that her agency had been targeted up to 10 times in one year. In her case, the banks reached out to her about the dispute requesting paperwork.

“The bank let us know there had been a chargeback and they were going to investigate it,” she said. “We’re all over it and [we] get in ASAP because if you leave it too long, they’ll just refund the transaction.”

What can a sex worker do? 

Aside from disputing the chargeback with the banks, workers can take either the criminal or the civil route against nonpayment by going to the police or civil administrative tribunal.

Lucas said she was aware of police refusing to take action and dismissing cases as a financial dispute.

Paul* took the legal route when a client refused to pay.

“The case never made it to the tribunal because as soon as the client received the paperwork, they paid,” he told Crikey. 

Both options are time-consuming and require the sex worker to provide their real names and other personal details, outing themselves in their profession — something many are reluctant to do.

Similarly, if a sex worker hasn’t been complying with business and sex work regulations — of which there are many, ranging from not being able to work from your home in Victoria and getting local planning council approval to work in a particular place in NSW — their case may not be accepted.

“You need receipts and the [Australian Business Number] has to be on the invoice,” Paul said. “That I suspect is the biggest barrier.” 

In McQueen’s case: “I didn’t have the time to take legal action … You’re hemorrhaging money on top of being robbed,” she said. 

Is fee reversal tantamount to rape? 

McQueen believes fee reversal is “absolutely” rape, though a different kind from women who have been attacked.

“Rape is a strong word, but there are degrees to it,” she said. “These guys know what it is, and I think for them it’s part of the deal. That’s why they wanted it … They knew in a million years I wouldn’t have consented without payment.” 

Sex Work Law Reform Victoria spokesperson Lisa Dallimore echoed these sentiments.

“It’s not uncommon for clients to pay for sexual services only to later dispute the payment with the payment processor, resulting in the money being refunded back to the client,” she said. 

“[This] amounts to exploitation of sex workers … If payment is withdrawn or reversed after sexual services have been provided, issues of consent arise. This could be considered rape.”

Dr Rachael Burgin, a lecturer at Swinburne Law School and chair of the Rape and Sexual Assault Research and Advocacy Initiative (RASARA), told Crikey the law was ineffective at dealing with these kinds of issues. 

“In every jurisdiction the definition of consent and issues around it are different,” she said. “Most states have a list or set of circumstances when people can’t consent.” 

RASARA is pushing for a reversal of fees for sex work to be added to the list of circumstances. “Revoking payment would vitiate the consent given,” she said. 

The role the banks play in this is interesting, she added: “while I wouldn’t say they’re complicit in rape, they’re complicit in fraud”.

In Victoria, an inquiry is currently underway into the decriminalisation of sex work. 

If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.