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PAYING
THE PRICE OF CRIMINALISATION Summary response to the government consultation paper on
prostitution by the English Collective of Prostitutes The
report hides the impact of the prostitution laws on women’s and
children’s safety, protection and welfare, and makes way for more
criminalisation. ·
Despite
acknowledgement that 60 prostitute women have been murdered in the last 10
years (a
conservative figure in our view) there is no proposal to end the
criminalisation that makes sex workers more vulnerable to violence.
The discrimination that labels a woman a “common prostitute”
before trial (guilty before proven innocent) continues and sentences for
brothel-keeping have been increased from six months to seven years against
women working together (and more safely) from premises. ·
The
law which criminalizes child prostitutes remains
despite opposition from children’s charities, the Magistrates
Association and many others. ·
Domestic
violence, homelessness, poverty and debt
are acknowledged as major factors suggesting “survival to be the
overriding motivation” in driving women and children into prostitution.
But the report hides the impact of government policies of
privatisation and cuts in benefits and services which have increased
poverty and forced more women and young people into prostitution.
Where projects or services exist or are proposed, it is research
and counselling that is put forward rather than concrete resources. ·
Statistics
are used selectively.
The figure that 74% of off-street sex workers “cited the need to
pay household expenses and support their children“ is mentioned in
passing then ignored. But
claims that 80-95% of street prostitutes are drug users frame many of the
recommendations. Yet this
figure is a distortion. Women
who work on the street and do not use drugs, rarely go to the Home Office
funded projects on which this figure is based because they do not want to
compromise their anonymity for the sake of free condoms.
The figure on drug use implies that sex workers have a unique
problem with drug addiction. No
comparison is made with people in other jobs.
·
Anti-trafficking
legislation
-- sexed-up immigration controls -- is promoted and extended.
Experience from Soho and other areas shows that far from protecting
women from violence and exploitation, these laws are and are primarily
used to deport sex workers. ·
The
report appears to target men
(“the demand”), rather than women and children (“the suppliers”).
Yet in Sweden, where legislation criminalizing the buying of sex has been
introduced, sex workers report that the law has had a devastating effect: “Swedish
politicians and feminists are proud of the state’s prostitution policy.
They insist that it has positive effects.
Sex workers are of a different view. . . . They feel discriminated
against, endangered by the very laws that seek to protect them, and they
feel under severe emotional stress as a result of the laws.
. . . sex workers are now more apprehensive about seeking help from
the police when they have had problems with an abusive customer. . . .
previous informal networks amongst the sex workers have weakened. The result is that they are no longer able to warn each other
about the dangerous clients or give each other the same support. . . .
Most of the women I have spoken to wish to be able to work together with
others. This is to ensure
safety and to support each other. . . . “
(Sex workers Critique of
Swedish Prostitution Policy, By Petra Ostergren, 6 Feb 2004) ·
New
Zealand, which decriminalised prostitution
over a year ago and has the least regulations attached to it, is dismissed
in the report as “too early to assess.” “The key thing about the 2003 Prostitution
Reform Act (PRA) is that decriminalisation included decriminalising
prostitution on the street. This
was a real milestone and our bottom line.
Decriminalisation allows for women to work from their own home --
some women have come off the street and advertise using their mobile
phones. There has been no
increase in numbers of women working.
Decriminalisation has made a big difference
to whether women feel able to report rape and other violence.
We have made substantial gains and in some cases have turned police
and courts around. Women can
now question police actions. Police have to get a warrant to come into
premises. Before PRA brothel managers took advantage of women because the
work was illegal. We had wide support for this law from MPs,
rape crisis organisations, the National Council on Women, Business &
Professional Women's Federation, Maori Women's Welfare League, Public
Health Unit, NZ AIDS Foundation.”
Catherine
Healey, New Zealand Prostitutes Collective July 2004
Women, the unrecognised and unvalued carers,
do 2/3 of the world’s work for 5% of the income and 1% of the assets.
This conservative UN figure spells out the basic truth about
prostitution internationally – the unrelenting violence of poverty and
overwork. It explains why it
is generally women who are the sellers to men who are the buyers.
The English Collective of Prostitutes has never glamorised
prostitution. Neither do we
glamorise other jobs women have to do to feed and protect our families
which are exploitative, unhealthy and soul destroying but do not carry the
stigma of criminalisation. When the report was released, Home Secretary
David Blunkett made clear that his mind was already made up.
He stated his commitment to Anti-Social Behaviour Orders (ASBOs),
which have landed women and children in prison.
Over 60% of women inside are mothers and Blunkett is adding to this
number – wrecking families and pushing more children into care. It is time that those who truly support
women’s and children’s human rights and our right to protection take a
stand against criminalisation, and against our being divided between those
of us labelled “bad” and those labelled “respectable”.
No bad women, no bad children, just bad laws! We
are asking for support for our proposals on what must be done for the
safety and protection of sex workers and all women and children. ·
An end to the government, police and social services treating
children like criminals when they survive by begging or prostitution. The
reinstatement of benefits and safe housing for under 18s. ·
An end to the criminalisation of sex workers which increases all
women’s vulnerability to violence. The prostitution laws also prevent
women from advertising and working from premises with other women, which
would make working conditions safer.
Women must be able to work together without facing charges of
brothel-keeping or “controlling” when their working arrangements are
entirely consensual. ·
Abolition of the term “common prostitute” which labels sex
workers as guilty, and of charges of loitering and soliciting which
institute women in prostitution. ·
Repeal of anti-trafficking legislation which is primarily used to
deport women. Human legal, civil and economic rights, including protection
from police and courts, health care, welfare benefits and the right to
stay and to seek employment for immigrant and refugee women facing
violence and exploitation. ·
Time and resources now spent arresting and prosecuting sex workers
(and non-violent clients) should be redirected towards protecting
prostitute women and children from violence. Violent men, not their
victims must be arrested. This would increase safety for all women and
children as rape and other violent crimes could no longer be dismissed on
the grounds that the woman or child was "asking for it" because
she was “not innocent”, “loose” or working as a prostitute.
·
Laws against rape, domestic and other violence should be vigorously
enforced, whoever is the victim. The
charge of pimping should be abolished and men who exploit prostitute women
or children should be charged with kidnapping, false imprisonment, rape,
sexual assaults, GBH, coercion, threatening behaviour, theft, extortion or
whatever combination of charges is appropriate in each case. ·
Abolition of ASBOs which target, criminalise and breach the human
rights of prostitute women and young people in particular and have
resulted in increasing numbers of vulnerable people being sent to prison.
·
An end to irrelevant and prejudicial questions about a woman’s
sexual history being raised as a defence in rape trials. ·
Abolition of Clause 6 of the Criminal Injuries Compensation
Authority guidelines which is used to deny compensation to prostitute
women, children and men (and many other victims) who suffer rape or other
violence, on the grounds of "character and conduct", whether or
not we have a criminal record. ·
An end to the Home Office categorising women who are convicted of
prostitution-related offences as "sex offenders”. This classes
women who have never been a threat to anyone, with rapists and prevents us
from leaving prostitution since it singles us out for discrimination when
looking for another job. ·
An end to kerb-crawling legislation which makes it more dangerous
for prostitute women to work, as we have less time to check out clients.
·
Recognition that every mother is a working mother doing valuable
work for society and deserving of society’s support.
Abolition of the 40% benefit penalty introduced by the Child
Support Act which penalises families.
Reinstatement of Lone Parent Premium and One Parent Benefit.
The cut to these benefits have increased women's poverty and
therefore pushed more women into prostitution.
·
Services which are independent of the police and viable economic
alternatives so that anyone who wants to leave prostitution has the help
and support to do it. 18
November 2004 Tel: 020 7482 2496 ecp@allwomencount.net www.prostitutescollective.net |