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

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 www.swwop.org

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. www.swwop.org

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? www.swwop.org

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 www.swwop.org

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 www.swwop.org

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? www.swwop.org

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

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

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 www.swwop.org

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 www.swwop.org

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 www.swwop.org

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 www.swwop.org

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

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. www.swwop.org

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. www.swwop.org

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 www.swwop.org

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 www.swwop.org

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. www.swwop.org

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 www.swwop.org

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? www.swwop.org

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 www.swwop.org

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 http://ruthjacobs.co.uk/2013/03/04/cry-for-the-merseyside-model-crimes-against-sex-workers-must-be-treated-as-hate-crimes- uk-wide/- It remains to be seen how effective decriminalisation is in changing attitudes and behaviour www.swwop.org

Links for prostitution policy articles Kilvington et al Prostitution Policy in Europe: a time of change http://myweb.dal.ca/mgoodyea/Documents/Europe/Prostitution%20policy%20in%20Europe%20A%20time%20of%20C hange%20Kilvington%20Fem%20Rev%20%202001%20Spring%2067%2078-93.pdf   Sanders & Campbell Designing out vulnerability, building in respect: violence, safety and sex work policy http://myweb.dal.ca/mgoodyea/Documents/Health%20and%20wellbeing/Designing%20out%20vulnerability%20Sand ers%20Br%20J%20Sociol%202007%2058(1).pdf BBC News German prostitutes in rights plea http://news.bbc.co.uk/1/hi/world/europe/4111738.stm 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 http://www.cahrv.uni-osnabrueck.de/reddot/BroschuereProstGenglisch.pdf Paying the Price www.swwop.org

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 http://essay.utwente.nl/60186/1/BSc_M_Schimannek.pdf   The Local 3.7.10 Sweden's prostitution law a success: report-http://www.thelocal.se/27580/20100703/   Julie Bindel and Liz Kelly- A Critical Examination of Responses to Prostitution in Four Countries: Victoria, Australia; Ireland; the Netherlands; and Sweden http://www.glasgow.gov.uk/nr/rdonlyres/c19e010b-1a4f-4918-97bd-f96af7d7f150/0/mainreport.pdf Dana Lynn Radatz Systematic approach to prostitution laws : a literature review and further suggestions http://commons.emich.edu/cgi/viewcontent.cgi?article=1230&context=theses  http://www.policingtoday.co.uk/victimcentred_83296.aspx (The Merseyside Model) www.swwop.org