Archive

Independent Research

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.

Full text available here.

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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Abstract
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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.

Anthony Marcus & Robert Riggs & Amber Horning & Sarah Rivera & Ric Curtis & Efram Thompson. “Is Child to Adult as Victim is to Criminal? Social Policy and Street-Based Sex Work in the USA” Sex Res Soc Policy (2012) 9:153–166DOI 10.1007/s13178-011-0070-1

Longstanding policy debates over how prostitution/sex work should be thought about and responded to have been upended in the USA by a growing tendency to conflate the practice with sex trafficking. US law and social policy have converged most fully on this issue in a movement to eradicate what has come to be known as the commercial sexual exploitation of children. One outcome of this movement has been an expanded focus on prosecuting and imprisoning pimps and other legal adults who support or abet juridical minors involved in the sex trade. This paper will show that the simplistic, one-size-fits-all narrative of the child victim and the adult exploiter inherent in this policy does not reflect the realities of street-based sex work in the USA. After 2 years of ethnographic and social network research in two cities, we find that sex market-involved young people participate in a great diversity of market–facilitation relationships, many of which provide the only or the most crucial foundation for their support networks. A social policy based on a one-dimensional construction of the child victim and the adult exploiter not only endangers these crucial relationships but also disappears the real needs of young people involved in the exchange of sex for money.

Full text available here.

Kate Shannon, Anna-Louise Crago, Stefan D Baral, Linda-Gail Bekker, Deanna Kerrigan, Michele R Decker, Tonia Poteat, Andrea L Wirtz, Brian Weir, Marie-Claude Boily, Jenny Butler, Steffanie A Strathdee, Chris Beyrer, “The global response and unmet actions for HIV and sex workers” Lancet 2018; 392: 698–710

Female, male, and transgender sex workers continue to have disproportionately high burdens of HIV infection in low-income, middle-income, and high-income countries in 2018. 4 years since our Lancet Series on HIV and sex work, our updated analysis of the global HIV burden among female sex workers shows that HIV prevalence is unacceptably high at 10·4% (95% CI 9·5–11·5) and is largely unchanged. Comprehensive epidemiological data on HIV and antiretroviral therapy (ART) coverage are scarce, particularly among transgender women. Sustained coverage of treatment is markedly uneven and challenged by lack of progress on stigma and criminalisation, and sustained human rights violations. Although important progress has been made in biomedical interventions with pre-exposure prophylaxis and early ART feasibility and demonstration projects, limited coverage and retention suggest that sustained investment in community and structural interventions is required for sex workers to benefit from the preventive interventions and treatments that other key populations have. Evidence-based progress on full decriminalisation grounded in health and human rights—a key recommendation in our Lancet Series—has stalled, with South Africa a notable exception. Additionally, several countries have rolled back rights to sex workers further. Removal of legal barriers through the decriminalisation of sex work, alongside political and funding investments to support community and structural interventions, is urgently needed to reverse the HIV trajectory and ensure health and human rights for all sex workers.

Aaron Reeves, Sarah Steele, David Stuckler, Martin McKee, Andrew Amato-Gauci, Jan C Semenza: “National sex work policy and HIV prevalence among sex workers: an ecological regression analysis of 27 European countries”. Lancet HIV 2017; 4: e134–40

Background

Sex workers are disproportionately affected by HIV compared with the general population. Most studies of HIV risk among sex workers have focused on individual-level risk factors, with few studies assessing potential structural determinants of HIV risk. In this Article, we examine whether criminal laws around sex work are associated with HIV prevalence among female sex workers.

Method

We estimate cross-sectional, ecological regression models with data from 27 European countries on HIV prevalence among sex workers from the European Centre for Disease Control; sex-work legislation from the US State Department’s Country Reports on Human Rights Practices and country-specific legal documents; the rule of law and gross-domestic product per capita, adjusted for purchasing power, from the World Bank; and the prevalence of injecting drug use among sex workers. Although data from two countries include male sex workers, the numbers are so small that the findings here essentially pertain to prevalence in female sex workers.

Findings

Countries that have legalised some aspects of sex work (n=17) have significantly lower HIV prevalence among sex workers than countries that criminalise all aspects of sex work (n=10; β=–2·09, 95% CI −0·80 to −3·37; p=0·003), even after controlling for the level of economic development (β=–1·86; p=0·038) and the proportion of sex workers who are injecting drug users (−1·93; p=0·026). We found that the relation between sex work policy and HIV among sex workers might be partly moderated by the effectiveness and fairness of enforcement, suggesting legalisation of some aspects of sex work could reduce HIV among sex workers to the greatest extent in countries where enforcement is fair and effective.

Interpretation

Our findings suggest that the legalisation of some aspects of sex work might help reduce HIV prevalence in this high-risk group, particularly in countries where the judiciary is effective and fair.

Funding

European Centre for Disease Prevention and Control.

Vuolajärvi, N. “Governing in the Name of Caring—the Nordic Model of Prostitution and its Punitive Consequences for Migrants Who Sell Sex” Sex Res Soc Policy (2018). https://doi.org/10.1007/s13178-018-0338-9

This article examines the so-called “Nordic model” in action. Using feminist argumentation, the model aims to abolish commercial sex by criminalizing the buying of sexual services while not criminalizing the selling, as the aim is to protect, rather than punish, women. Utilizing over 2 years of ethnographic fieldwork and 195 interviews in Sweden, Norway, and Finland, this article argues that in a situation where the majority of people who sell sex in the region are migrants, the regulation of commercial sex has shifted from prostitution to immigration policies, resulting in a double standard in the governance of national and foreign sellers of sexual services. Client criminalization has a minor role in the regulation of commercial sex in the area, and instead, migrants become targets of punitive regulation executed through immigration and third-party laws. Nationals are provided social welfare policies to assist exit from commercial sex such as therapeutic counseling, whereas foreigners are excluded from state services and targeted with punitive measures, like deportations and evictions. My fieldwork reveals a tension between the stated feminist-humanitarian aims of the model, to protect and save women, and the punitivist governance of commercial sex that in practice leads to control, deportations, and women’s conditions becoming more difficult. The article concludes that when examined in action, the Nordic model is a form of humanitarian governance that I call punitivist humanitarianism, or governing in the name of caring.