1. Wendy Lyon, Solicitor KOD Lyons
Sex Workers and the Law
Wendy Lyon, Solicitor
KOD Lyons

2. Who is a sex worker?
“female, male and transgender adults and young people [age 18-24] who receive money or goods in exchange for sexual services, either regularly or occasionally”
UNAIDS Guidance Note on HIV and Sex Work,

3. Sex work in Ireland: Sectors
Online advertising: escort websites, apps
Massage parlours
“Brothels”
Streets
Bars / nightclubs
Word-of-mouth referrals

4. Sex work in Ireland: demographics*
78% female, 18% male, 4% transgender
48% below age 30, 23% between 26-30
30.5% first sold sex at (3.8% <18)
Nationality:
NI-based: 81% Irish or British
ROI-based: 27% Irish or British
Largest other groups: Romanian, Hungarian
* Queens University Belfast research, 2014

5. Sex work in Ireland: Reasons for entering industry

6. Sex work in Ireland: Current legal framework (1/2)
Not illegal:
Selling sex
Public soliciting/loitering (sex seller)
Illegal:
Paying or offering to pay for sex
Public soliciting (sex buyer)
Loitering for purpose of solicitation (kerb crawling)
Advertising
Brothel keeping

7. Sex work in Ireland: Current legal framework (2/2)
All third party involvement is illegal
Organising prostitution (coercively or otherwise)
Living on the earnings of another person’s prostitution
Advertising prostitution or a brothel
Brothel keeping

8. Sex work in Ireland: Statutory framework (1/2)
Criminal Law (Sexual Offences) Act 1993
No offence per se of selling or paying for sex
Public soliciting, loitering to solicit prohibited
“Soliciting” defined to include buyer and seller
Brothel keeping, organising, living off earnings also prohibited
Criminal Justice (Public Order) Act 1994
Prohibited advertising of brothels or prostitution

9. Sex work in Ireland: Statutory framework (2/2)
Criminal Law (Sexual Offences) Act 2017
New offence of paying or offering payment for sex
Soliciting/loitering decriminalised for sex worker but retained for client
No change to advertising, brothel keeping, third party offences

10. Sex work in Ireland: Penalties (1/4)
Soliciting
1st offence: Class E fine (€500)
2nd offence: Class D fine (€1,000)
3rd + offence: Class D fine and/or 4 weeks jail time
Loitering
1993 Act: as above
2017 Act: Class D fine and/or 6 months (first or later offences)

11. Sex work in Ireland: Penalties (2/4)
Brothel keeping
1993: Class C fine (€2,500) and/or 6 months on summary conviction; €17,500 fine and/or five years on indictment
2017: Class A fine (€5,000) and/or 12 months on summary conviction; no change on indictment
Living on the earnings
1993: Class C fine and/or 6 months
2017: Class A fine and/or 12 months

12. Sex work in Ireland: Penalties (3/4)
Organising prostitution
1993: Class C fine (€2,500) and/or 6 months on summary conviction; €17,500 fine and/or five years on indictment
2017: Class A fine (€5,000) and/or 12 months on summary conviction; unlimited fine and/or ten years on indictment

13. Sex work in Ireland: Penalties (4/4)
Advertising
Summary conviction: Class C fine (€2,500)
Conviction on indictment: €17,500
Paying or offering payment for sex
1st offence: Class E fine (€500)
2nd or subsequent offence: Class D fine (€1,000)
No jail time

14. Sex work in Ireland: Changes in penalties - summary
Since 1993, penalties have increased for all offences except:
Soliciting
Advertising
Brothel keeping on indictment
Paying for sex carries lightest penalty
Brothel keeping increases in 2017 Act appear to target sex workers, not “pimps”

15. Sex work in Ireland: Brothel keeping (1/3)
Section 11 of 1993 Act: “A person who
(a) keeps or manages or acts or assists in the management of a brothel;
(b) being the tenant, lessee, occupier or person in charge of a premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or …

16. Sex work in Ireland: Brothel keeping (2/3)
(c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel”
No statutory definition of “brothel”

17. Sex work in Ireland: Brothel keeping (3/3)
Common law definition: a place used by more than one woman for purposes of prostitution
Thus, under current law as interpreted, “brothel keepers” liable to a year in prison include:
Two sex workers who share premises for safety
Women employed in massage parlours
Possibly also covered: hotels, single-occupier apartments (if re-let to another sex worker)

18. Sex work in Ireland: Enforcement of brothel keeping law
Vast majority of prosecutions are of sex workers, NOT managers, landlords, etc
Usually foreign nationals
High conviction rate, usually without hearing
Sex workers don’t know their rights
Threat of exposure
No incentive for further investigation

19. Sex work in Ireland: Case study – Elena (1/5)
Bulgarian national, young single mother with poor English
Came to Ireland to sell sex, referred by friends
Rented room in apartment which is “known to Gardaí” as brothel
Garda raided on her first day while other sex worker was with a client

20. Sex work in Ireland: Case study – Elena (2/5)
The raid was very frightening, between Garda behaviour and her experiences in Bulgaria
Gardaí took phones, condoms, lube, other “evidence of prostitution”
She was arrested and brought to Garda station
Discouraged from asking for solicitor
Told if she pleaded guilty she’ll probably be let go; if not, publicity, maybe jail time/expulsion

21. Sex work in Ireland: Case study – Elena (3/5)
Released on bail – required not to commit further offences
On first court date, assigned legal aid solicitor
After case adjourned, “flatmate” contacted support group who referred them to another solicitor with interest in this area
After consultation, both sex workers retained the new solicitor

22. Sex work in Ireland: Case study – Elena (4/5)
New solicitor contacted Gardaí for additional evidence
Case adjourned several times – judge not happy
Clients pleaded not guilty
At hearing, cross-examination of Gardaí revealed flaws in investigation

23. Sex work in Ireland: Case study – Elena (5/5)
Judge dismissed charges, criticised Gardaí for making no effort to look beyond Elena and her “flatmate”
Elena got back her phone and condoms etc but could not recover for lost income, costs to travel to court, etc
She is still selling sex in Ireland but terrified of further arrest – avoids Gardaí at all costs