The author states that rape, and the criminal justice system's treatment thereof, are direct outcomes of legal, administrative, and cultural frameworks which attempt to control sexual behavior and deny freedom of choice to women in favor of men's freedom to exercise power and force. This is especially true for sex workers, who find that the courts mitigate the rape in light of the victim's occupation and/or sexual history. The author argues that it should be the nature of the crime that is assessed and not the context or the victim. Furthermore, such disregard for the rape of sex workers serves to increase the opportunity for such assaults. Perpetrators know that they are unlikely to face retribution for such crimes. The psychological impact on sex workers of such treatment by the criminal justice system are discussed, as is the use of victim impact statements. The article concludes with a brief review of sentencing practices and the court's responsibility. 5 references