1. Street Prostitution and (de)criminalisation
Sali Harwood (Manager) Sheffield Working Women’s Opportunities Project Ltd

2. This presentation will
Take a quick look at prostitution in the UK, and the law in England
Focus in more detail on street prostitution in Sheffield and SWWOP’s role
Consider local approaches to regulating street prostitution in the last twenty years
Examine recent contrasting approaches to decriminalisation of prostitution in Sweden and Germany
Discuss the effectiveness of (de)criminalisation approaches in safeguarding street prostitutes

3. What is prostitution? Prostitution is commonly defined as:
The exchange of sexual services for some form of payment – usually money but could be drugs, accommodation, food etc.

4. Prostitution law
Prostitution per se is not illegal in England and Wales…. however, certain activities are, including:
Soliciting or loitering in a public place
Kerb-crawling
Living off immoral earnings
Trafficking
So who is affected by criminalisation?

5. Prostitution, not sex work?
The importance of terminology:
The term ‘sex work’ implies that women have made a rational choice to sell sex
SWWOP views prostitution as exploitation of women

6. Commercial Sex markets
Home office estimate: 88,000 women involved in UK
Hierarchy of prostitution:
Life style choice/variations in earnings
Agencies, saunas & brothels
At the bottom - street prostitutes

7. Sex work vs street prostitution: who is most affected currently in England and Wales by criminalisation?
High Class Prostitutes?
Escorts?
Madams?
Pimps?
Street Prostitutes?
Punters?

8. Street prostitution in Sheffield
Brief Overview:
How many women
Ages and ethnicity
Reasons given for involvement

9. What SWWOP offers Mobile outreach service
Follow-on support & crisis intervention
Exit support programme for women to leave street prostitution

10. Realities of women’s lives
Physical deprivation – homelessness, lack of food
Violence – physical and sexual assaults
Illness and injury – increase in risk taking behaviour increases risk of harm
Drug and alcohol abuse
Isolation / ostracisation / social exclusion – impact on mental and emotional health
All on top of whatever life experiences led to prostitution in first place

11. Local approaches to (de)criminalisation over the last 20 years
Prostitutes
Arrest & Fines
ASBOs
Tolerance Zone Proposal
Arrest & ESOs
Punters
No action
Traffic control measures
Shaming/naming
Letters Home

12. Impact of local approaches on:
Street prostitutes
Arrest and fines – revolving door
ASBOs – increased potential penalties (up to 5 years imprisonment for infringement); drove activities underground; moved women into less safe areas
Tolerance zone – much discussion, never a formal agreement
Arrest and ESOs (engagement and support order)
Punters
Traffic control – moves activities to new areas
Naming/shaming – not rigorously enforced, little effect
Letters home – ditto

13. Is de(criminalisation) a local priority?
Policing of prostitution usually comes low down on list of priorities compared to e.g. burglary
Discussion about new approaches usually linked to regeneration initiatives etc. – depends on level of political interest
Murders get coverage but premature deaths don’t – five street prostitutes (under 40) are known to have died in Sheffield this year

14. Contrasting international approaches to decriminalisation
Two examples of differing approaches to decriminalisation:
Sweden (Nordic Model)
Germany

15. Sweden (Nordic Model)
A human rights and gender equality-based approach also known as the ‘Swedish model’.
A set of laws and policies which penalises the demand & decriminalises individuals in prostitution
Main Goals:
Curb demand
Promote equality
Sweden state that it is an effective approach to preventing trafficking and exploitation. This set of laws and policies penalises the demand for commercial sex while decriminalizing individuals in prostitution and providing the individuals with support services, including support for those wishing to exit prostitution. The Nordic model has two main goals: to curb the demand for commercial sex that fuels sex trafficking, and promote equality between men and women. It is based on an approach first adopted in Sweden in 1999, and followed by Norway and Iceland.

16. Market principles of supply and demand.
Demand is created by the (mainly) men who pay for commercial sex. Traffickers, pimps, brothel owners and other facilitators profit from this demand by supplying the women and girls who are exploited every day in the commercial sex industry.
Sex trafficking does not just exist because its victims are vulnerable - it exists because there is a demand for commercial sex that traffickers can exploit and profit from.

17. Sweden-
Decriminalised the selling of sex but criminalised the buying of sex
Prostitution is considered to be a social problem, and the law criminalizes the purchasers of sexual services in an attempt to reduce demand and change attitudes
NB numbers of women involved initially increased but then dropped

18. Swedish approach
Pros Women escape revolving door of arrest & punishment Support services available for those wishing to exit Trafficking rates decreased
Cons Demand remains Activities driven underground, with increased isolation and risk Stigma still exists

19. Germany Legal to buy or sell sex:
Intended to empower & safeguard prostitutes by strengthening their legal position
Germany legalised prostitution 2002 & it is now recognised as a regular job like any other. Sex workers now enter into employment contracts, pay tax, register for health insurance, pension plans & other benefits, and can sue for payment.
Exploiting women and children is still criminal
This is an example of legislation rooted in the commercial approach to sex although it was also intended to increase safety etc of those selling sex.

20. German approach
Pros Not caught up in judicial system Should be safer with protection of law Eligible for pensions etc. Can get help with moving into other employment Numbers of German prostitutes may have reduced
Cons Few women have registered for national insurance (44 in Nov ‘13) Has opened doors for other EU migrants to work – may have increased trafficking Critics say now ‘bordello of Europe’ Social stigma still exists

21. So… who would benefit most from decriminalisation or legalisation here?
High Class Prostitutes?
Escorts?
Madams?
Pimps?
Street Prostitutes?
Punters?
Traffickers?
Who is likely to have the most influence on policy making?

22. What has worked in Sheffield so far?
Protecting and supporting street prostitutes within the existing system has been helped by:
Good partnership working with police and magistrates
Proactive support from other agencies (health, housing, prisons etc.)
You can make most systems work for good or bad depending on how they’re implemented – but this doesn’t change attitudes

23. What system would I advocate?
Personally I would to see the ‘Nordic Model’ tried in Sheffield.
Why- Because I believe prostitution is exploitation and this model is designed to change attitudes and behaviours.
I would also like to see more work through education with young people on respecting and empathising with others in regards to all sorts of relationships
In the interim I would like to see the Merseyside Model uk-wide/-
It remains to be seen how effective decriminalisation is in changing attitudes and behaviour

24. Links for prostitution policy articles
Kilvington et al Prostitution Policy in Europe: a time of change
hange%20Kilvington%20Fem%20Rev%20%202001%20Spring%2067% pdf
Sanders & Campbell Designing out vulnerability, building in respect: violence, safety and sex work policy
ers%20Br%20J%20Sociol%202007%2058(1).pdf
BBC News German prostitutes in rights plea
Prof. Dr. Barbara Kavemann, Ass. jur. Heike Rabe with the collaboration of Dipl. Soz. Päd. Claudia Fischer
The Act Regulating the Legal Situation of Prostitutes – implementatio, impact, current developments
Paying the Price

25. Cont. Miriam Schimannek
Impact of Prostitution Policies in Receiving Countries on Trafficking in Human Beings for the Purpose of Sexual Exploitation at the Examples of Germany and Sweden
The Local Sweden's prostitution law a success: report-
Julie Bindel and Liz Kelly-
A Critical Examination of Responses to Prostitution in Four Countries: Victoria, Australia; Ireland; the Netherlands; and Sweden
Dana Lynn Radatz Systematic approach to prostitution laws : a literature review and further suggestions
  (The Merseyside Model)