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Ellison, Graham & Dhónaill, Ní & Early, Erin. (2019): “A review of the criminalisation of paying for sexual services in Northern Ireland”.

The review, carried out by Queen’s University Belfast, was commissioned by the Department under section 15 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015 which introduced the offence and required a review of its operation after three years.

The review reported on the impact of the legislation on the demand for sexual services, the safety and well-being of sex workers, and human trafficking for the purpose of sexual exploitation.

The review reported that, in the period from June 2015 to December 2018, there had been 15 arrests and two convictions for purchasing sex and 31 arrests and two convictions for human trafficking for sexual exploitation.

Higher numbers of sex workers advertising online in the post law period were reported, rising from 3,351 to 3,973: an increase of 622. An increase in demand for sexual services was also reported by sex workers in the period following the introduction of the legislation. However, on-street prostitution has declined in comparison to previous research, reducing from an estimate of 20 active on-street sex workers operating in Northern Ireland in 2014 to currently less than ten.

The research reported that it is not possible to say that the change in the law is responsible for any increase in crime against sex workers, but a heightened fear of crime has contributed to a climate whereby sex workers feel further marginalised and stigmatised.

The review concluded that the legislation has had minimal effect on the demand for sexual services; and due to the absence of any evidence that demand had decreased, it was unable to determine how the offence could have impacted on human trafficking.

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Della Giusta, Marina & Di Tommaso, Maria Laura & Jewell, Sarah & Bettio, Francesca, 2019. “Quashing Demand Criminalizing Clients? Evidence from the UK,” IZA Discussion Papers 12405, Institute of Labor Economics (IZA).
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We discuss changes in the demand for paid sex accompanying the criminalization of prostitution in the United Kingdom, which moved from a relatively permissive regime under the Wolfenden Report of 1960, to a much harder line of aiming to crack down on prostitution with the Prostitution (Public Places) Scotland Act 2007 and the Policing and Crime Act of 2009 in England and Wales. We make use of two waves of a representative survey, the British National Survey of Sexual Attitudes and Lifestyles (Natsal2, conducted in 2000-2001 and Natsal3, conducted in 2010-2012) to illustrate the changes in demand that have taken place across the two waves. We do not find demand decreasing in our sample and find a shift in the composition of demand towards more risky clients, which we discuss in the context of the current trends towards criminalization of prostitution.
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Jean Allain, “No Effective Trafficking Definition Exists: Domestic Implementation of the Palermo Protocol”. 7 Alb. Govt. L. Rev. 112 (2014), 111.

This Article considers the overall regime established by the 2000 Palermo Protocol to demonstrate the manner in which the legal order of States. In so doing, and with special reference to the definition of trafficking, it shows the limited ability of States to actually carry out their avowed wish to suppress the trafficking in persons. Because their jurisdiction over what is termed ‘trafficking’ is different, the ability for the origin, transit, and/or destination countries to ‘join-up’ is rendered unworkable by, for instance, extradition treaties that require crimes to be common to both jurisdictions, or the application of extraterritorial jurisdiction when what is deemed a crime in one jurisdiction is not so in another. Thus, in a very short period of time, legislators around the world have created, under the banner of ‘trafficking,’ an international regime which, through its implementation in the domestic sphere, has fractured its potential effectiveness.

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Over the past two decades there has been a growing body of academic and community-based literature on sex workers’ lives and work. However, the discourses, laws, and policies that impact sex workers are continually changing, and critical perspectives are constantly needed. Therefore, this Special Issue of the Anti-Trafficking Review highlights some of the current achievements of – and challenges faced by – the global sex worker rights movement.

Contributors examine the ways in which organising and collectivisation have enabled sex workers to speak up for themselves and tell their own stories, claim their human, social, and labour rights, resist stigma and punitive laws and policies, and provide mutual and peer-based support. The contexts in focus include Canada, Latin America and Caribbean, United States, France, South Africa, India, Thailand and the Philippines.

Published: 2019-04-29

Petra Östergren (2017): From Zero-Tolerance to Full Integration: Rethinking Prostitution Policies. DemandAT Working Paper No. 10.
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This tenth DemandAT working paper by Petra Östergren fom Lund University develops a typology for prostitution policy regimes. Based on an inductive methodological approach, it presents a typology of three general prostitution policy models (or regimes), as repressive, restrictive or integrative. The intention of such a tripartite typology is that it can serve as a tool for assessing, evaluating and comparing prostitution policies, even in cases where they seem to contain contradictory or incoherent elements. Besides using the prostitution policy typology for analytical purposes, it can also serve as a tool for developing context-sensitive measures against violence, exploitation and trafficking in human beings in the sex work sector.

Dadhania, Pooja, Deporting Undesirable Women (October 2, 2018). 9 UC Irvine L. Rev. 53 (2018); California Western School of Law Research Paper No. 18-15. Available at SSRN: https://ssrn.com/abstract=3259599
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Immigration law has long labeled certain categories of immigrants “undesirable.” One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of the United States due to their perceived sexual deviance. Subsequent laws built upon these problematic foundations, largely without reexamining the initial goal of safeguarding American morality from the ostensible sexual threat of noncitizen women. This dark history casts a long shadow, and current laws remain rooted in these archaic notions of morality by continuing to focus penalties on sellers of sex (who tend to be women), without reciprocal penalties for buyers (who tend to be men). Contemporary societal views on sellers of sex have changed, however, as society has come to increasingly tolerate and accept sexual conduct outside the bounds of marriage. Although societal views surrounding prostitution remain complex, there is an increased understanding of the different motivations of sellers of sex, as well as a recognition that individuals forced into prostitution are victims who need protection. Prostitution-related immigration laws should be reformed to no longer penalize sellers of sex, both to bring immigration law in line with modern attitudes towards sellers of sex and to mitigate the discriminatory effect of the archaic and gendered moral underpinnings that initially gave rise to and continue to show in these laws.
Tomura, Miyuki. „A Prostitute’s Lived Experiences of Stigma“. Journal of Phenomenological Psychology 40(1) (2009): 51–84. https://doi.org/10.1163/156916209X427981.
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This research used a semi-structured interview method and Smith and Osborn’s (2003) interpretive phenomenological analysis to investigate a female prostitute’s experiences of stigma associated with her work. To structure the interview schedule, Seidman’s (2006) in-depth phenomenologically based interviewing method, which comprises three areas of focus, “focused life history,” “details of the experience” under investigation, and “reflection of the meaning” of the experience, was used as a general guide. Ten broad psychological themes were identified: 1) awareness of engaging in what people think is bad; (2) negative labeling by people who discover she is a prostitute; 3) hiding and lying about her identity as a prostitute to avoid being labeled negatively; 4) hiding and lying about her prostitution identity result in stress, anxiety, and exhaustion; 5) wishing she did not have to hide and lie about being a prostitute; 6) questioning and objecting to the stigmatization of prostitution; 7) managing the sense of stigmatization by persons who know about her prostitution by shifting focus away from devaluing and toward valuable qualities of prostitution; 8) developing occupational esteem and self-esteem through reflection of values; 9) compassion towards other people who suffer from stigma; and 10) resiliency.

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