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Memorandum submitted by
Joanna (Part of
The Committee for the Policing and Crime Bill House of Commons
Dear Committee Member
Re: Clause 13 of the Policing and Crime Bill
In response to the adjourned debate last week, Joanna on behalf of those exploited by prostitution would like raise three important points:
Firstly, an argument against criminalising demand appears to be the concern that criminalising demand will drive the industry underground and will place those exploited in new danger.
This argument is flaw on two counts:
(a) Legalisation will
not make women safer.
(b) Prostitution is never safe, whether legalised or not. If one's motivation is to reduce the suffering of women [children and men] exploited, then criminalising demand, along with funding for exit strategies, is the best way forward.
In reality, criminalisation will not drive the industry completely underground where the state cannot intervene. It is that lack of political will that will put those exploited in further danger. Tackling demand will not eliminate exploitation but it will reduce it.
Secondly, there must not be a dichotomy on trafficked women and non-trafficked women, i.e. non-deserving victims and deserving victims. It is worth bearing in mind that the internationally agreed definition of trafficking contained in The UN Optional Protocol on Trafficking in Human Beings (widely known as the Palermo Protocol) acknowledges that trafficking and prostitution are intrinsically linked, and rejects the false distinction between 'free' and 'forced' prostitution. The Protocol states that the consent of the victim is irrelevant; the facilitating the movement of women for prostitution within (as well as across) borders constitutes trafficking, and that governments have a responsibility to tackle the demand of prostitution.
Although the Protocol is not binding on the UK, any government which seek to ignore the indignity of prostitutio for its victims, whether through attempting to legalise the sex industry, or by defining non-trafficked women as 'sex workers' rather than as victims of human rights violations, contravene the spirit of the 1949 Convention and the Palermo Protocol, and do little to stop the flow of trafficking, which is fed by demands for thriving local sex industries.
Further more,
Article 19 of the Council of Europe Convention specifically relates to criminalising those who use the services of trafficked people: Article 19 - Criminalisation of the use of services of a victim Each Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences under its internal law, the use of services which are the object of exploitation as referred to in Article 4 paragraph a of this Convention, with the knowledge that the person is a victim of trafficking in human beings. Lastly, targeting demand is only part of the solution. Our government must
follow through with its pledges to take a holistic approach towards empowering
women [children and men] to exit prostitution. This means more funding for
outreach and support agencies, readily accessible drug and alcohol
rehabilitation programmes, safe houses or supported housing, counselling and
support facilities for trauma victims. The Swedish government has long
recognised that eliminating prostitution is 'central to
We strongly urge the committee to adopt an approach that target demand and vote to pass Clause 13.
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