Civil Remedies for Violence Against Sex Workers: Protective Orders and Torts

When a sex worker is attacked, threatened, or harassed, the criminal justice system often fails them. Arrests are rare. Prosecutions are rarer. Many report abuse and get told to "just avoid that area" or "don’t work alone." But what if the law could offer more than silence? Civil remedies-protective orders and tort claims-are powerful, underused tools that can give sex workers real protection, even when the police won’t act.

Why Criminal Law Isn’t Enough

Sex workers face violence at rates far higher than the general population. A 2023 study in Melbourne found that 68% of sex workers had experienced physical violence in the past year, and 42% had been sexually assaulted. Yet fewer than 10% reported it to police. Why? Fear of being arrested for sex work itself. Fear of being disbelieved. Fear of being labeled a "criminal" instead of a victim.

Criminal law is designed to punish offenders, not protect victims. Even when someone is convicted, the victim gets no compensation, no safety plan, no legal leverage to keep the abuser away. That’s where civil law steps in-not to lock someone up, but to give the victim control.

Protective Orders: A Legal Barrier Between You and Your Abuser

A protective order (sometimes called a restraining order or intervention order) is a court order that tells someone to stay away from you. It can ban them from your home, workplace, or even your neighborhood. It can forbid them from calling, texting, or posting about you online. Violating it is a crime-and police can arrest them on the spot.

In Australia, each state has its own system. In Western Australia, you can apply for an intervention order through the Magistrates Court. You don’t need a lawyer. You don’t need to press criminal charges. You just need to show the court that you’ve been threatened, harassed, or harmed, and that you fear for your safety.

Sex workers have successfully used these orders against clients who turned violent, landlords who threatened eviction after a complaint, and even strangers who stalked them at known work locations. One woman in Perth got an order against a man who repeatedly showed up at her apartment after she refused his services. He came back three times. Each time, police arrested him because the order was active. She didn’t have to go to court again.

Key things to know:

• You can apply for an order even if you’re undocumented or have a criminal record.
• The court doesn’t need proof beyond a reasonable doubt-just a reasonable fear of harm.
• Orders can be granted quickly-sometimes within 24 hours in emergencies.
• They last for months or years and can be renewed.

Tort Claims: Getting Paid for the Harm Done to You

What if the person who hurt you never gets arrested? What if they’re wealthy, connected, or just lucky enough to avoid police attention? That’s where tort law comes in.

A tort is a civil wrong-like assault, battery, harassment, or intentional infliction of emotional distress-that causes harm. You can sue the person for damages, even if they were never charged with a crime.

In 2022, a sex worker in Sydney sued a client who beat her with a belt, threatened to kill her, and stole her money. She didn’t report it to police. Instead, she hired a legal aid lawyer and filed a civil claim for assault and battery. The court awarded her $85,000 in damages. The man had to pay it-or face asset seizure. He didn’t pay. So his car was repossessed. His bank account was frozen. He had to declare bankruptcy.

This isn’t about revenge. It’s about accountability. It’s about making the abuser pay for the damage they caused. And for sex workers, it’s often the only way to get justice.

Common torts sex workers can use:

• Assault and battery-physical attack or threat of violence.
• Intentional infliction of emotional distress-extreme, outrageous conduct that causes severe psychological harm.
• Harassment-repeated unwanted contact, stalking, or threats.
• Conversion-theft of property, like money or phones.

You don’t need to prove the person broke a criminal law. You just need to show:

1. They did something harmful or threatening.
2. You suffered real damage-medical bills, lost income, therapy costs, emotional trauma.
3. They did it on purpose or with reckless disregard.

How to Start: Practical Steps

Getting legal help doesn’t mean hiring a $500/hour lawyer. Here’s how to begin:

1. Document everything. Save texts, emails, voicemails. Take photos of injuries. Write down dates, times, locations, and what happened. Even a note on your phone counts.
2. Find a legal aid service. In Australia, organizations like Legal Aid WA, Women’s Legal Service, and Sex Workers Outreach Project (SWOP) offer free help to sex workers. They know how to file protective orders and tort claims without judgment.
3. Apply for a protective order. Go to your local Magistrates Court. Ask for the intervention order form. Fill it out honestly. You can do it alone. Court staff will help you.
4. Start a tort claim. If you want money for damages, file a claim in the Local Court (for claims under $75,000). Legal aid can help you draft the paperwork. You can even represent yourself.
5. Connect with peer networks. Groups like Scarlet Alliance and Decrim Now have legal workshops and know which lawyers actually listen to sex workers.

What You Might Hear-and Why to Ignore It

Some people say: "You’re choosing this work, so you can’t complain."

That’s not how the law works. The law doesn’t ask if you "deserve" protection. It asks: Did someone hurt you? Did they break a rule? The answer doesn’t change based on your job.

Others say: "You’ll get arrested if you go to court."

That’s outdated. In Australia, sex work is decriminalized in NSW, ACT, and parts of Victoria. Even in places where it’s still illegal, courts don’t ask about your work when you file a protective order or tort claim. Your job is irrelevant to your right to safety.

And if you’re worried about your name being public? You can request anonymity in court. Many courts allow sex workers to use initials or pseudonyms in filings.

Real Impact: Stories That Changed Things

In 2021, a group of sex workers in Adelaide won a landmark tort case against a former client who had been stalking them for years. They sued for harassment and emotional distress. The court didn’t just award damages-it ordered the man to attend a domestic violence education program. He was also banned from entering the entire Adelaide CBD after 8 PM.

In 2023, a trans sex worker in Brisbane used a protective order to stop her landlord from cutting her power every time she reported a violent client. The order forced the landlord to restore services and pay $12,000 in compensation for lost income and emotional harm.

These aren’t outliers. They’re proof that the law can work-if you know how to use it.

What’s Missing-and What You Can Push For

There’s still a gap. Most legal aid programs don’t have staff trained specifically for sex worker cases. Police still often treat sex workers as suspects. Courts sometimes dismiss claims because the judge doesn’t understand the context.

But change is happening. In 2024, the Victorian Law Reform Commission recommended that all protective order applications from sex workers be fast-tracked. In Western Australia, the government funded a pilot program where legal aid lawyers sit inside peer support centers for sex workers-so you can get help without leaving your community.

If you’re reading this and you’ve been hurt, you’re not alone. And you’re not powerless. The law isn’t perfect. But it’s not silent either. You can use it. You have the right.