Submission by Emer Costello MEP to the Review of the Legislation on Prostitution August 2012 An overhaul of Ireland's legislation on the sex-trade is long overdue. The sex industry is thriving because there is demand. While activities such as kerb-crawling, brothel-keeping and living off immoral earnings are illegal in Ireland, the buying and selling of sex is not. It is clear the legislation needs a radical overhaul to deal with the 21st-century realities of the sex industry, which operates largely on the Internet, with so-called brothels being more transient. There is a strong need for legislative reform in respect of prostitution and sex trafficking. I fully support the call by the Turn Off the Red Light Campaign to introduce legislation to criminalise the purchase of sex. Research by groups working with women in prostitution indicates that the majority of women selling sex and sexual services are coerced or under pressure and are not making a "free choice". Women in prostitution are themselves victims and as such should not be criminalised. For that reason, I would not support the supposition that prostitution is "legitimate work". In my opinion, prostitution is a form of violence against women. Indeed, prostitution and trafficking co-exist on a continuum of exploitation. I am further concerned at the high number of children or very young women being trafficked or pushed into prostitution. Therefore, I believe that the best way to deal with the issue of prostitution is to tackle demand. In recent years several European countries have introduced legislation to shift the emphasis away from criminalising women caught up in prostitution and towards the customers who exploit them. Sweden is one such country where the purchase of sex has been criminalised and the sale of sex is decriminalised. I would be supportive of this “Swedish Model� as both independent evaluations and those of the Swedish Police confirm that it has led to a reduction in the number of women involved in prostitution and a reduction of women trafficked into Sweden.
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Trafficking of women for sexual exploitation remains the most dominant form of trafficking globally. While women are also trafficked for labour exploitation, the most common form of trafficking in women and girls is for sexual exploitation. A 2009 United Nations Office of Drugs and Crime (UNODC) report noted that, globally, women are reported to be victims in approximately 79% of trafficking cases. Their data also shows that in 85% of cases where women were reported to be victims of trafficking, they had been trafficked for the purpose of sexual exploitation.1 EU legislation on trafficking as well as the Council of Europe Convention on Action against Trafficking in Human Beings recognise that demand reduction should form part of an integrated strategy against trafficking. The 2011 EU Directive on Trafficking which is due to be transposed into Irish law by March 2013 will be a major instrument in dealing with trafficking and has been largely welcomed by migrant rights groups. In this respect, transposition of the directive into Irish law would benefit from measures to tackle demand through the targeting of purchasers of sexual services and the criminalisation of the purchase of sex. Having a legal system where prostitution is legal or tolerated is seen as a "pull factor" for traffickers and increases the likelihood of women and children being trafficked to a country for use in prostitution. According to the 2010 report on the review of the Swedish legislation, evidence from the National Criminal Police states that "it is clear that the ban on the purchase of sexual services acts as a barrier to human traffickers and procurers considering establishing themselves in Sweden." 2 While the criminalisation of the purchase of sex in some countries has resulted in a reduction in the overall number of women trafficked for sexual exploitation, conversely regularisation of prostitution has led to an increase in women being trafficked. A 2009 report by the German Federal Police found that investigations into cases of sex trafficking increased by 70% over a five year period (2005-2009) after prostitution was regularised there. 3 Similarly, a 2008 study by the 1
UNOCD, Global Report on Trafficking in Persons (2009), p 11 En utvärdering. Förbud mot köp av sexuell tjänst (SOU 2010:49) (1999-2008). Summary in English: Government Offices of Sweden. Evaluation of the ban on purchase of sexual services (2010), p 37 3 Bundeskriminalamnt: Bundeslagebild Menschenhandel 2009 2
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National Dutch Police on trafficking in their legalised prostitution sector estimated that more than half of the women operating in legal brothels were "working involuntarily". 4 It should also be noted that the laws on prostitution and human trafficking in Northern Ireland are currently under review. The Human Trafficking and Exploitation Bill would make it an offence to pay for sexual services from a prostitute. If it remains legal to purchase sexual services in the Republic while it is criminalised in Northern Ireland there is the risk of the Republic, particularly the border counties, becoming a sex haven with men travelling over the border to purchase sex. Prostitution commodifies a woman's body and puts a price on the abuse and exploitation of the vulnerable. If we do not seek to actively prohibit this we are implicitly accepting it and this send a message to young women that they are not worth the same as men. A vital part of legislation like this is its role in changing attitudes and helping to change how women are viewed. There is a need to increase awareness of prostitution as a form of violence against women. Following the introduction of partial criminalisation in Sweden 10 years ago, a generation of young people have grown up in a society where it is considered unacceptable for the bodies of women and girls to be bought by others for their sexual satisfaction. 70% of Swedish people support this law on the basis that prostitution is exploitative and incompatible with equality (Claude, the Swedish Institute 2010). The revision of the legislation in relation to prostitution provides an opportunity to clarify what are acceptable norms in society and to create a society reflective of these values. As well as tackling the issue of demand, there is also a need to ensure innovative support services for those exiting the sex trade. This would involve a holistic inter-agency approach between Gardai, immigration services, health and education services, social welfare, and social workers and housing services. At present much of this work is being carried out by Ruhama, whose 4
Korps landelijke politiediensten, Schone Schijn: De signalering van mensenhandel in de vergunde prostitutiesector [Keeping Up Appearances: The Signs of Human Trafficking in the Legalized Prostitution Sector], KLPD, Driebergen, 2008, cited in Gunilla S. Ekberg, Kasja Wahlberg, ‘The Swedish Approach: A European Union Country Fights Sex Trafficking’, Solutions Journal, Volume 2: Issue 2: Mar 02, 2011
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services need to be further supported and enhanced. In this regard, it should also be noted that the new Trafficking Directive contains enhanced provisions on the early identification and the provision of assistance to victims. The Discussion Document provided by the Department of Justice in relation to this Call for Submissions makes the point that “[prostitution] is an activity that has existed over the millennia”. It should go without saying that longevity can in no way provide a defence for a particular activity – just because a certain practice has existed for a long time does not make it right (morally) or mean that it cannot be eliminated. Equally, the argument that it is not possible to eliminate prostitution entirely is no excuse for failing to enact legislation banning it. For example murder and drug abuse may never be completely eradicated but that does not mean that Government should not legislate against them. The law can and should seek to regulate individual behaviour where it is in the common good and the curtailment of a form of violence against women is surely a common good. No doubt the case will be made in submissions to legalise the sale of sex and provide supports to women working in this area of the “sex industry”. The advocates of this course of action claim that criminalising the purchase of sex serves to drive the practice underground. Such claims are neither accurate nor fair – even in states where prostitution is legal, underground/illegal trade persists, and often flourishes, as it can be more difficult for law authorities to distinguish between legal and illegal sex workers. As noted in countries which have gone down the decriminalisation route, this option can lead to the creation of a “two-tiered commercial-sex industry”, with illegal activities persisting at the edges of the “legitimate” industry. Indeed the legal sex industry offers protection to this underground activity and makes it more difficult to prevent it and can make it can be more difficult for law authorities to distinguish between legal and illegal sex workers. Criminalising the purchase of sex and the imposition of fines and/or a criminal record would also act as a deterrent which would make prostitution less financially lucrative for criminal gangs/organised crime.
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Living off the earnings of prostitution of another person and aiding and abetting in prostitution activities should remain an offence. However, I would recommend increasing both the maximum fine possible under this offence and the maximum imprisonment in order that this provision act as a deterrent for members of organised criminal gangs. Interestingly, both the sale of and soliciting sex on the street is an indictable offense. Street prostitution has been a major issue in the Arbour Hill/Montpelier area of Dublin 7. Gardai from the Bridewell have been trying to deal with the issue for decades. The recent Operation Kerb in 2011 where the Gardai targeted the kerb crawlers through an under-cover operation, saw 64 men arrested and prosecuted for soliciting sex. The operation had considerable success as Gardai stated that none of the 63 had reoffended and that the publicity surrounding the operation acted as a deterrent to both women and men selling and purchasing sex. Moreover while three women were arrested, they were referred to Ruhama. The women involved in street prostitution are particularly vulnerable. The Dublin experience is a case in point. Many are drug addicts, homeless and have chaotic and complex personal circumstances. GardaĂ in areas frequented by street prostitutes say they are struck by the increase in the number on the streets at certain times of the year. For example in September, which coincides with children going back to school, Christmas and the First Holy Communion season are cases in point. There is no glamour in this career for the women involved. Some 80% of women in prostitution have reported physical abuse and more than 60% have been raped or sexually assaulted. Finally, the review of the laws on prostitution provides an opportunity to comment on the “adult-entertainment industryâ€? (adult shops, lap-dancing clubs, pornography etc.). There is significant evidence that the adult-entertainment industry is associated with criminality, money-laundering and trafficking. For that reason I have called for the strict licensing and regulation of the adult entertainment industry. While this topic is outside of the remit of this report, I would like to highlight the need for statutory regulation of the adult-entertainment industry. A special Task Force was established by the Minister for the Environment in 2007 to look at the planning land use implications of the siting and location of adult 5
entertainment venues but its report was published. Given the current review of prostitution laws it would be timely to publish the report of that group and to review its findings. In conclusion, I wish to make the following recommendations in relation to the review of legislation on prostitution: Prostitution is a form of violence against women. There is a link between prostitution and trafficking for sexual exploitation There is empirical evidence that tackling demand reduces both supply and demand. The experience of Nordic countries which have outlawed the purchase of sex has resulted in a reduction in prostitution and trafficking. The Government should introduce legislation to criminalise the purchase of sex and also decriminalise the sale of sex. Fines and sentencing policy in relation to living off the earnings of prostitution and aiding and abetting in prostitution activities should be increased. There is a need for an inter-agency approach to assist women exiting prostitution including Gardai, Health, Education and Training, Social Welfare and Social Services and housing services. There is a need to examine the adult entertainment industry and the report of the inter-departmental group published.
Further information For further information or clarification on any of the above, please do not hesitate to contact Emer Costello at 086 383 1805 or emer.costello@europarl.europa.eu
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