In Britain, the law regarding sex work is complex. Certain acts, namely that of engaging in sex for money, is legal, but a number of related acts, from soliciting in public, 'kerb crawling', managing a brothel, and others are illegal, severely restricting the work of prostitutes and other sex workers. Laws intended to protect sex workers, such as child prostitution, trafficking and the offence of paying a sex worker who has been subjected to force, are haphazardly enforced, leaving sex workers in a grey area - fearing the police and prosecution, but relying on the law to protect them. This blog post will examine some of the key failings in the law that leave prostitutes in dangerous territory, and the fight by groups such as the English Collective of Prostitutes to decriminalise prostitution entirely.
The key legislation outlawing street prostitution, public solicitation, and brothels are the Policing and Crime Act 2009, the Sexual Offences Act 2003 and the Sexual Offences Act 1956. The first of which prohibits the paying for sexual services of a prostitute subjected to force, and the latter outlawing public solicitation and brothels.
A brothel is defined in the law as a location where two or more individuals engage in exchanging sex for money, meaning that prostitutes are forced to work alone in often dangerous territory. Numerous government papers have acknowledged the hazards of denying women (and sex workers are overwhelmingly women) the opportunity to work with others and keep each other safe, from keeping records of clients, being on hand for safety measures, and providing emotional support where needed, as Cari Mitchell, a spokeswoman for the ECP told me in the podcast accompaniment to this blog.
The calls for reform are varied, with one model gaining significant traction: the decriminalisation of prostitutes, and the criminalisation of their clients. Already, the Sexual Offences Act 1985 criminalised 'kerb crawling' or the solicitation of another person from a motor vehicle or in a public place. The act of paying a prostitute who has been forced is also a strict liability offence, meaning customers can be prosecuted even if they did not know the prostitute was forced. But this model is also hazardous - Sanders writes how the government 'vilifies' men in the sex industry without engaging in any evidential fact-finding about men who buy sex. Sanders believes that criminalising men is flawed - cultural factors mean that men are more likely to purchase sex, particularly as a 'rite of passage' for a landmark birthday or bachelor party, and there is no substantial evidence that suggests criminalising men who buy sex will have any effect on international trafficking. Mitchell also noted the risk that by criminalising customers, men who believe sex workers they buy from are being abused or trafficked will be less likely to report this to the police, perpetuating the cycle of violence.
But there is appetite for reform: a 2015 survey found 54% of the British public supported decriminalisation, particularly as advocacy groups push the argument that poverty and austerity is forcing women to sex work to make ends meet. The continuing violence against prostitutes, from Jack the Ripper to the 2010 Bradford murders, and countless incidents that don't reach the headlines, have also spurred calls for decriminalisation, with then-Prime Minister David Cameron expressing an openness to the idea, though no action was taken. A court case in 2016 saw defendants argue the law against brothel-keeping breached their human rights by not allowing prostitutes to work together in safety, but before a verdict could be reached, the case fell apart. The WHO and numerous other health organisations have also called for the decriminalisation of prostitution to encourage women to access treatment for HIV and other STIs, as well as to tackle the violence that plagues the community.
So far, however, there seems to be no concrete action towards reforming the law, or decriminalising sex work altogether. Listen to the podcast with Cari Mitchell to learn more about the fight to decriminalise prostitution and keep sex workers safe.
Click here for the audio version of this blog post
The opinions of this article are solely those of the author and are not intended to provide accurate legal advice for anyone to rely on. While the content is intended to be factually correct, the author does not accept any responsibility or liability arising from the use or misuse of this article or any loss/inconvenience/damage stemming from this. Legal advice should be sought from a qualified professional, not this blog. The opinions represented in this blog are personal and belong solely to the blog owner, and do not represent those of the people, institutions, or organisations that the owner may or may not be associated with in a professional or personal capacity, unless explicitly stated. The views expressed by any podcast guest are their own entirely, and do not necessarily reflect those of the blog owner. The blog owner is not responsible and liable for any discrepancy, if any. Any content provided by this blog or its companion podcast is not intended to malign any religion, ethnic group, club, organisation, company, individual, or anyone or anything.
Sources:
- 'Prostitution in the United Kingdom' (Wikipedia, 31 January 2021) <https://en.wikipedia.org/wiki/Prostitution_in_the_United_Kingdom#Current_legal_status>
- Teela Sanders, 'UK sex work policy: eyes wide shut to voluntary and indoor sex work' in Jo Phoenix (ed) Regulating sex for sale: Prostitution policy reform in the UK (University of Bristol Press 2009)
- Jody Miller and Martin D Schwartz, 'Rape myths and violence against street prostitutes' (1995) 16 Deviant Behaviour 1
- Nazia Parveen, 'Manchester sex workers' rights case collapses after five years' (The Guardian, 29 March 2016) <https://www.theguardian.com/society/2016/mar/29/sex-workers-rights-case-collapses-after-five-years>
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