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Response to the Rhoda Grant Consultation on Criminalising sexwork

It’s not that good or very well cited, but I know people who are much better at this stuff than me are responding, so hopefully it’s a contribution at least. It took over one and a half hours to write, which is obv a long time but now I wish I’d spent two or three hours on it and made it better or included critique of Rhoda’s consultation paper “statistics”. Well, I can always do another response in my legal name I guess – and I think certain people will have critiqued the statistics, so maybe it doesn’t matter. Anyway, here it is:

Rhoda Grant MSP

Room M1.06

The Scottish Parliament
Edinburgh
EH99 1SP

Rhoda.Grant.msp@scottish.parliament.uk

Dear Rhoda Grant

I am writing to register my objection to your proposals to criminalise the purchase of sex in Scotland.

Criminalising buyers leads to more trafficking and scares off the educated and safe buyers who would have a lot to lose if they were caught. It just leaves the clients who already have criminal records and don’t care about being caught. This law wouldn’t affect the high-end escorts; they’d just stop sexwork and continue working their other jobs or studying. But it would affect the more vulnerable sexworkers who rely on their earnings, or are drug-addicted. As the safer clients are scared off, they’re forced to take the criminal clients – and put their lives in danger. Clients may also want street sexworkers to get into cars quickly, and may pick up street workers late at night or in remote spots to avoid being caught. This is very dangerous for sexworkers. If you care about vulnerable sexworkers, you cannot support criminalising sexwork.

Criminalising clients has turned out very badly in Sweden, leading to trafficking to Russia, police secretly filming sexworkers having sex (which is a kind of sexual assault), condoms being used as evidence in court, as well as forced evidence-taking from the genitals of any woman suspected of being a sexworker – which of course is state-sanctioned sexual assault.

From the USA to Norway and Sweden, carrying condoms or marijuana can get you suspected by police of being a sexworker. Schools and clinics handing out condoms is seen as encouraging prostitution – which makes it hard for governments, local authorities, universities and schools to fight HIV and promote safe sex.

Other results are increased whorephobia and stigmatisation of sex workers; a university student was thrown out of her uni when a lecturer discovered she was stripping and doing sexwork on the side. This increase in whorephobia can also lead to more similar misogyny, such as slut-shaming and stigmatisation of female lone parents.

Although I’m not a representative sexworker, I have been paid for sex twice in the last 7 months and criminalising my client would have upset me and made me feel guilty. Forcibly taking evidence from me, as mentioned above, would for me have been equivalent to sexual assault/rape. Being forced to attend a court hearing against this person would also have made me very unhappy. This law would have wasted the court’s/police’s time, taxpayer’s money, caused emotional damage to both of us, possibly resulted in our identities being made known in the press, possibly got me fired, possibly destroyed a company and therefore left many employees jobless – in a recession where they will wait some time before being able to find new jobs. My client’s family would also be affected; as he is in an open marriage his wife would not mind him seeing other women, as she has several lovers too. But jailing her husband would have brought misery to all the family. In short, no good thing and many, many bad things would have resulted.

Also, if I could choose, I’d rather be sexually assaulted by my client than by the police. At least that way I could get justice through the courts, but if the police sexually assaulted me it’d be sanctioned by the state as “evidence gathering”!

A few points on why decriminalization is good for sexworkers and other members of the community, much better than either criminalization or legalization:

Decriminalization (the current UK situation) is:

Less hypocritical

Health/control disease by voluntary checkups

Allows welfare provision and exiting strategies as well as allowing freedom to be a sex worker at the same time, thus allowing sex workers to choose their destiny

Avoids stigmatisation by the criminal justice system and social attitudes

Sex work is not harmful/is consensual so law has no right to intervene

Laws protect workers from exploitation, unlike legalization

Sex workers can report violence to police without fear, so they are more safe

Trafficking rates low as British people willing to do sex work as it’s not a crime, they can choose how they work and they don’t have to register their legal name

More detailed points

Yes, some sex workers are recipients of violence or use drugs, but they are in the minority and are usually streetwalkers; exiting strategies and training programmes are helping them quit sex work if they wish to. They are already recieving the help they need – or, if they’re not recieving enough, pehaps we should throw our money at creating more of these programmes instead of at police officers breaking down hotel room doors to arrest people for sex work and jail them. And foster carers to take in children whose parents are jailed for sex work. And prison guards…social services…police monitoring devices…prosecutors…

We live in a democracy, and any action we take on real or percieved problems must be proportionate.  There’s no need for a blanket ban when streamlining exiting programmes and  increasing agency and massage parlour inspections will do. What about a website where sex workers can anonymously name agencies/parlours they think need to be inspected? More clinics and health services solely for sex workers (there are some)? There – a couple of my on-the-spot, half-baked ideas; no doubt the experts and politicians can come up with more. So, maybe we should discuss these and other options before imprisoning consenting adults? Perhaps reasonable, informed debate is more appropriate than moralistic knee-jerk reactions from people who aren’t sex workers?

And what about the other consequences? The cost to the state when released prisoners can’t get jobs and use state benefits? Or perhaps an engineer or solicitor who paid for sex, went to jail and now can’t get a job they’re qualified for after a criminal record, so they work in a bakery or as a waitress/waiter. They won’t make much, so the state has to give them Work Tax Credit and Housing Benefit. And what about their children when they’re in jail? Couples pay sex workers too – as a gift to one of the partners or as a threesome if the sex worker and one of the partners is bisexual. Both male and female sex workers are paid by couples.

The consultation begs these questions: Would you see women paying for sex from men as a problem, given that they’re concerned over men objectifying women? If a woman pays for sex, should she be jailed, or is it perfectly acceptable because she is a woman? What about if both she and her husband have sex with the sex worker? Is that bad, because the husband is objectifying the sex worker? Or is it okay, too, as long as the sex worker is male – because a man objectifying another man is fine?

I believe that you simply cannot formulate policy that covers educated prostitutes who earn hundreds or thousands off each client and may be sex activists and/or doing prostitution part time while studying or working other jobs and that also covers prostitutes earning £10-£30 off each client, who have no other job and use prostitution to pay for drug addictions, bills/rent or pay it to boyfriends or pimps. These women usually have a history of abuse and suffer from illness and sleep deprivation, and according to reports are often barely able to stand up as they negotiate with clients. Most were forced into it or started very young so their agency is doubtful, in contrast with sex activists who form coalitions such as PLAN, COYOTE or the UK Trade Union for sex workers. Streetwalkers usually fall into the second group, while those that work through agencies, from home or from massage parlours usually fall into the first. So you cannot have one policy to cover both situations. In the first category, the problem seems to be victimization by society and the criminal justice system itself; the solution is freedom/nonintervention. In the second category, a laissez-faire approach would be irresponsible.

And this is what we have; related streetwalking offences like soliciting and kerb-crawling are criminalised while buying sex isn’t.

Putting clients’ photos on billboards or jailing them is cruel and disproportionate. Putting them on a sex offenders’ register is only confusing rape and sex, which is a disaster as people will not feel that rape is a very serious crime, since other, harmless fun activities are confused with it. We need to be very, very clear on what is rape and what isn’t. We need to see rape as a big deal. Only then can we prevent it.

The focus on men objectifying women is very confusing and simplistic, as many men are sexworkers selling sex to men or women (sometimes both). And some female sexworkers sell sex to couples or to women.

If you want to criminalise sexwork, it would be more apt to criminalise other careers, as labour trafficking is far more prevalent than sex trafficking. The moral panic and junk stats over sex trafficking are just the lies of long-debunked junk science by Melissa Farley and NGOs such as the Ruhama Agency fuelling moral panics. These NGOs are well funded by Christian organisations – many anti-sexwork NGOS are funded by the same one (Magnanti 2012) and are run by radical feminists who are anti-pornography and anti-sexwork simply on principle, without studying the issues.

Ruhama was the organisation behind the abuse and torture of “fallen” women in the Magdalene laundries as recent as 1996.They shouldn’t be allowed to influence laws on young women or continue their obsession with nonvirginal or fallen women. Ruhama also previously claimed that women in lapdancing clubs were trafficked – this was found to be untrue by the huge Garda operation that followed.

Criminalising sexwork stigmatises it as somehow different from all other work and marginalises sexworkers. Also, if it is criminalised, sexworkers and clients will simply sign up to sexwork-disguised-as-dating sites such as seekarrangement.com (a site which pairs up female students and graduates with rich ‘sugar daddies’ who give a monthly allowance and expensive gifts in exchange for sex).

Criminalising consensual sex between adults is simply moralising and puritanism masquerading as “feminism”. REAL feminists would never ignore international evidence and deliberately endanger sexworkers – most of whom are women. It also creates a “women are pure so would never sell sex willingly; therefore they must be helpless trafficked victims” sort of view. This view only inflames sexual double standards and virgin/whore dichotomies – as well as silencing sexworkers’ own stories and lived experiences. This law leads to a sex-negative society – one even more sex-negative than the society in which we, unfortunately, currently live.

 

Yours sincerely,

 

Kalika Gold a.k.a The VirginWhoreTM

 

 

 

References:

R. Matthews (1986) “Beyond Wolfenden? Prostitution, Politics and the Law” in R. Matthews and J. Young (eds) Confronting Crime, London: Sage

R. Matthews (2008) “Prostitution, vulnerability and victimisation” in Prostitution, Politics and Policy, Abingdon: Routledge-Cavendish

http://glasgowsexworker.wordpress.com/2012/09/21/close-reading-rhoda/ (the flaws and lies in Rhoda’s paper).

The Scottish Executive (2004) Being Outside: A Response to Street Prostitution (about exiting strategies and small red light zones in non-residential areas of cities. Proves that there’s only about 2,000 prostitutes in all of Scotland who streetwalk or work out of flats. However, this isn’t counting call girls and those who work in massage parlours/saunas so is an underestimation.) Available at: http://www.scotland.gov.uk/Resource/Doc/30859/0024989.pdf)

J. Phoenix (2000) “Prostitute Identities: Men, Money and Violence” British Journal of Criminology 40 (1) 37-55  (There is violence, but it’s not as bad as some NGO’s make it seem, and it’s hard to see how criminalization would enable these sex workers to report violence to the police or leave violent boyfriends. Oh, and non-sexworkers also experience domestic abuse, even rape.)

R. Matthews (1993) Kerb-Crawling, Prostitution and Multi-Agency Policing”, Police Research Group Paper 43, London: Home Office

The Sex Myth by Dr Brooke Magnanti (proves human trafficking into the UK is almost nonexistent with ALL migrant sex workers legally classified as ‘trafficked’. Two massive operations to find trafficking victims found 0 and 2 cases respectively, if I remember correctly).

http://www.citypages.com/2011-03-23/news/women-s-funding-network-sex-trafficking-study-is-junk-science/

https://t.co/rcUYce34

https://glasgowsexworker.wordpress.com/2012/11/27/our-bodies-our-selves/

 
6 Comments

Posted by on December 7, 2012 in Feminism, Sex work

 

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Reply to a biased Daily Record article on sexwork

This is the article; it won’t let me comment: http://www.dailyrecord.co.uk/news/scottish-news/more-mums-selling-sex-in-desperate-1451462#.ULAYQtYr6aw.twitter

I have studied prostitution (actually, it’s called sex work) and am selling virginity, and honestly this is the dumbest, most ill-informed, unreasonable article on the sex industry that I have ever read in a mainstream newspaper. Firstly, you and the Glasgow Support Network assume that these mothers are streetwalking. Streetwalkers make up only less than 10% of sexworkers; most work independently from home doing incalls, outcalls or both, in massage parlours or with escort agencies. And that’s not even including dominatrixes who may work from “dungeons” etc.

Secondly, you assume that these mothers are vulnerable and need you, you brave, honorable saviours of the poor disgusting little prossies, to help them. However though many streetwalkers are drug users or have a history of abuse, this doesn’t go for sexworkers who do not streetwalk. And even streetwalkers still have agency and just because someone was abused, it doesn’t make their career choice nonconsensual.

Thirdly, criminalising buyers leads to more trafficking and scares off the educated and safe buyers who would have a lot to lose if they were caught. It just leaves the clients who already have criminal records and don’t care about being caught. Criminalising clients has turned out very badly in Sweden, leading to trafficking to Russia as well as increased whorephobia and stigmatisation of sex workers; a university student was thrown out of her uni when a lecturer discovered she was doing sexwork on the side. Also, if these mothers can’t earn money doing sexwork, WHAT ABOUT THEIR FAMILIES? WHAT ABOUT THEIR CHILDREN?? Also, would “prostitution” be okay with you guys if someone was filming (ie pornography)?

And support for Rhoda Grant? How could you? Don’t you journalists know the lies and long-disproved studies she used in her consultation? She wants to criminalise sexwork, don’t you understand what that means? It means that sexworkets would be arrested, that the police would be breaking down doors and pointing guns at you to catch you in the act like in America, Land of the Free. It means that if a sexworker is raped by a client, he or she won’t report it or they’d be jailed for prostitution! And the clients would know this, so they could rape and beat up sexworkers with impunity. And when sexwork is criminalised, it becomes controlled by pimps and a criminal underworld, not the cottage industry it is now. Oh, and nice photo of a scantily-clad streetwalker you’ve chosen for your biased article…otherwise how else would people think all sexworkers are streetwalkers?

Please think about the consequences of your so-called “reporting” and blatant support for Rhoda Grant’s misguided and ignorant attention-seeking. Rape, violence and crime are very serious issues with very serious consequences. I hope that in the future you will understand the need for sensitivity, honesty and responsibility in reporting, for the sake of our society and both male and female sexworkers and their families.

 
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Posted by on November 24, 2012 in Sex work

 

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