Prostitution Reform

Helping to combat sexual slavery

Prostitution Reform

After this, government ministers suggested that rather than permitting mini-brothels, they would like to tackle the "demand side" of prostitution by criminalizing the buyer of sex.[1] One proponent of this was Minister for Women and Equality, Harriet Harman.[2] Ministers pointed to Sweden, where purchasing sexual services is a criminal offence. However, the ECP argued that criminalization of clients would be counterproductive and would undermine the safety of sex workers.[5]

The government's tougher approach towards prostitution began to make legislative progress in 2008, as Home Secretary Jacqui Smith announced that paying for sex from a prostitute under the control of a pimp would become a criminal offence. Clients could also face rape charges for knowingly paying for sex from an illegally trafficked woman, and first-time offenders could face charges.[2] The ECP were again critical of the government's actions, with one member, Nikki Adams, saying that the government was overstating the extent of the trafficking problem, and that most prostitution was consensual.[2]

Prostitution in Scotland
A similar situation exists in Scotland, with prostitution itself not illegal but associated activities are. Street prostitution is dealt with under the Civic Government (Scotland) Act 1982, section 46(1), which states that:

a prostitute (whether male or female) who for the purposes of prostitution either
1.loiters in a public place
2.solicits in a public place or in any other place so as to be seen from a public place or
3.importunes any person in a public place shall be guilty of an offence

These offences are not imprisonable, but are instead subject to a fine of up to £500. However some women eventually end up in prison for non-payment of fines. Prostitution is classed for statistical purposes as a “crime of indecency”, a sex offence in the same category as sexual assault. Disclosure of a conviction for this offence can act as a barrier to employment, particularly in child-care and related sectors, although there is no specific prohibition.

The Civic Government (Scotland) Act 1982 also gives local councils the power to issue licences to premises for public entertainment. This has been used by Edinburgh city council to issue licences for “saunas” (many of which are in reality brothels). However running brothels and “living off immoral earnings" remain criminal offences under section 11 of the Criminal Law (Consolidation) (Scotland) Act 1995.

There was formerly no specific offence directed at clients in Scotland in contrast to the “kerb crawling” offence in England and Wales in the Sexual Offences Act 1985. However the Prostitution (Public Places) (Scotland) Act 2007 introduced a kerb crawling offence in Scotland, the maximum penalty for which is a £1000 fine. This came into force on 15 October 2007.

Edinburgh
There are an estimated 1200 women in prostitution in Edinburgh, with approximately 75% engaged in indoor prostitution through saunas, escort agencies and private flats. Saunas (brothels) are regulated through entertainment licences granted to these establishments — thus involving the local council in the management of prostitution.

Street prostitution was tolerated in the area of Leith for approximately 20 years, where the police did not target prostituted women, but worked to ensure their safety. Specialist services for prostituted women were also provided in the locale. It was promoted as a model of prostitution management — no underage girls were working in the area and there was no open drug dealing occurring. With the increased use of the area for residential purposes and in particular the gentrification which occurred in the 1990s, objections to the prostitution increase, and the policy of non-harassment by the police ended in 2002. Attacks on prostituted women increased, and there has been a return to the targeting of the women by police.

Edinburgh has a very large and quite public prostitution industry. Although street prostitution is less visible now than when the non-harassment policy was in place, the brothels are well known and quite visible — there is also a large sex-industry in Edinburgh beyond prostitution. There is evidence of women moving from Glasgow to Edinburgh to work in the brothels.

Glasgow
Glasgow City Council has taken the opposite route to Edinburgh. They have a zero tolerance policy towards prostitution, although there is an unofficial red light zone in the city centre, where women elect to work because of the presence of cameras. There are approximately 1000 women engaged in street prostitution, 95% of whom are estimated to have addiction problems and an additional 100 are estimated to work indoors in “saunas” or private flats. There is evidence of non-UK women being trafficked or moving voluntarily to Glasgow to meet the demands of the industry.

Until recently Glasgow city council had ignored prostitution as an issue, however with the spate of murders in the 1990s a new approach was required. This has three aspects, an organisation to assist women exit prostitution, a drop-in centre to facilitate harm reduction and an interventionist policing strategy which has involved targeting the women.

Aberdeen
There is estimated to be 175 women working in street prostitution in the industrial docklands area of the city where prostitution is tolerated. The women are given strict guidelines such as when they can congregate and how many people are permitted in the area. Approximately 90% of the women are estimated to have addiction problems, and issues have arisen with drug dealers congregating in the area.

 

Reform to prostitution laws
A Prostitution Tolerance Zones Bill was introduced into the Scottish Parliament but failed to become law. Following the report of an Expert Group which it established, the Scottish Executive brought forward a Bill in late 2006 which would have created an offence applicable to both prostitutes and their clients. After considerable debate in Parliament, the Prostitution (Public Places) (Scotland) Act 2007 was passed, which leaves the law relating to prostitutes unchanged but introduces a new offence committed by their clients.

 

Human trafficking
There has been a growing awareness of human trafficking, in particular the trafficking of women and underage girls into the UK for forced prostitution. A particular high profile case resulted in the conviction of five Albanians who ‘trafficked’ a 16 year old Lithuanian girl and forced her into prostitution. [6] According to Home Office figures, there are over 1,000 cases of trafficking each year. However, despite extensive action against sex trafficking including numerous high profile brothel raids, the figures given for the number of women "rescued" are contentious as some of the women may not regard themselves as being trafficked having entered the country voluntarily to work in the sex industry.

Cases of sex trafficking in England and Wales are dealt with under the Sexual Offences Act 2003. This act deviates from the International definition of trafficking (from the UN Protocol) in that it does not require that a person is trafficked for sex against their will or with the use of coercion or force. Thus, even someone who knowingly and willingly enters the country to engage in sex work can be regarded as having been trafficked. [7] This may have artificially inflated the figures of persons trafficked for sexual purposes against their will.

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&This website has been created to encourage debate and increase awareness about the place of prostitution in the 21st Century, in particular in the UK. If you have a comment on this website please email info@prostitutionreform.co.uk.