Almost abolitionism : the peculiarities of prostitution policy in England and Wales

This chapter will explore the current UK approach to abolitionism by examining how a popular Northern European prostitution agenda has been translated into the English context. We argue that while neo-abolitionism has, over the last decade, had a noticeable impact on prostitution policy and practice in the UK, this has its own peculiarities. Whilst mimicking the abolitionist tone of Sweden, governments in mainland Britain have thus far stopped short of criminalising all purchases of sexual services and decriminalising the activities of those who sell sex - who are deemed to be ‘victims’. Rather, governments have opted to modify the existing liberal regime by creating bespoke measures which seek to combine increased punitive sanctions for some clients with efforts to promote the exiting of women by the imposition of enforced rehabilitation. This has led to what we term as almost abolitionism: which describes a fragmented process of problematisation, whereby prostitution is both a public nuisance and sexual offence. Consequently, while only some forms of sex purchasing are illegal, the activity as a whole is increasingly pathologised and sex workers, represented universally in policy discourse as women, oscillate between being constructed as both victim and offender. Sidestepping the liberal/illiberal arguments that tend to dominate in this field, this chapter will provide a critical analysis of these developments. While it is important to keep in mind the critical work on abolitionism elsewhere (as discussed in this collection as a whole), the account is not based on generalisation from neighbouring states. Rather, and drawing upon England and Wales as a case study, we explore the local drivers and local impact of the distinctive interventions. More specifically, we critically analyse to two key reforms introduced by the Policing and Crime Act 2009, which reflect how this abolitionism has taken hold in England and Wales: the strict liability offence of paying for the sexual services of a prostitute subject to exploitation (s14) and Engagement and Support Orders (hereafter ESOs) to facilitate exiting and ‘rehabilitate’ on-street sex workers (s17). In relation to the latter we explore the findings of an empirical project which explored the effects of a ‘compulsory rehabilitation’ policy. In conclusion, we argue that this almost abolitionism – whilst reflecting the rhetoric of radical feminism and gender equality – results in a fundamentally responsibilizing, punitive and coercive response to commercial sexual activity. This, in turn, eschews alternative feminist conceptualisations of prostitution as sex work and excludes any recognition of the complex causal factors of both prostitution and trafficking

Sex work, hate crime and the criminal law

It has been well established at a global level that sex workers are often victims of direct violence in the course of their work, targeted by their 'perceived vulnerability' as a marginalised group. In one police force in England (Merseyside) since 2006 they have addressed this victimisation through adopting a 'hate crime' approach to policing crimes against sex workers. The aims of this paper are first, to review the implementation of the hate crime model applied to crimes against sex workers; second, to explore how police forces are adopting the policy across the UK, and the operational barriers to doing so; and third to explore the legal, theoretical and critical issues raised by treating crimes against sex workers as a type of hate crime through policing models. The conclusion weighs up some of the challenges to expanding the current law to include sex workers as a target group for increased protection, assessing that a fully funded policing approach may well be sufficient alongside law reform around decriminalisation of sex work. This article will draw on data from police forces in England. We acknowledge that much more work is needed to establish the sex work community's views on the value, if any, of the hate crime approach

Beyond the Gaze and Well Beyond Wolfenden : The Practices and Rationalities of Policing Sex Work in the Digital Age

Drawing on the largest study of the United Kingdom online market in sexual labour to date, this article examines the legal and regulatory consequences as aspects of sex work increasingly take place within an online environment. Our research shows that while governmental policy has not kept abreast of these changes, the application of current laws (which have, since the 1950s, focused on public nuisance and, more recently, trafficking and modern slavery) are pernicious to sex workers and unsuited to recognizing and responding to the abuses and exploitation in online markets in sexual labour. These injustices are likely to be exacerbated if policies and policing do not better align with the realities of these markets in the twenty-first century. This demands a more nuanced regulatory approach which recognizes that people may engage in sex work of their own volition, but which also addresses conditions of labour and criminal exploitation

Understanding sexual violence in sex working populations - law, legal consciousness and legal practice in four countries (2021–2023) : study protocol v2.5

Background Globally, the most important human rights and public health issue that sex workers face is their experience of high levels of violence (Kinnell, 2006, Kinnell, 2008, Alexander, 1999). Deering’s systematic review estimated levels of sexual violence in sex working populations as being between 14% and 54% (Deering et al, 2014). Aims This international, robust mixed methods study will explore the frequency of sexual violence against sex workers, barriers in criminal justice and the legal consciousness of sex workers regarding their rights and consent. The hypothesis to be tested is that the safety of sex workers from sexual violence is mediated by the differing legal contexts of sex work environments. We will compare experiences across research sites in the context of legalisation (Nevada USA), client criminalisation (Northern Ireland), decriminalisation (New Zealand) and partial criminalisation (England, Scotland and Wales) [henceforth ESW]. Methods An international survey (n = 1,000) will be translated into several languages, to disaggregate experiences by demographic categories (gender, ethnicity, sexual orientation) and sex work sector (including online, street-based and brothels). Interviews (n = 100) with sex workers, police, prosecutors and service providers will be thematically analysed to explore legal consciousness, why the patterns occur and contextualise the statistical findings. These data will be supplemented with comparative legislative, policy and case analysis. Research study data will be used to compare the social factors and legal norms shaping sex workers experiences of sexual violence, justice and support interventions. Recommendations for a ‘best practice’ review of legal improvements and support interventions will be produced following completion of the study. Given the sensitive nature of the research, robust ethical and data protection mechanisms are in place. The research has ethical approval from each research site, an Advisory Board and trained, paid peer researchers to assist with data gathering, analysis and dissemination. The study will report findings in 2023/2024

Behind the Screen : Commercial Sex, Digital Spaces and Working Online, Technology in Society

The rise of the internet and related digital technologies has had a profound impact on many aspects of people’s working and social lives, including the buying and selling of sexual services. In addition to providing new ways to advertise for sex workers who provide services to clients in person, the internet has also seen the development of completely new forms of commercial sex (like webcamming) that take place entirely in an online environment. Using the largest datasets created in the UK/Europe, this article explores how sex workers use the internet and digital technologies to facilitate the range of different services that they offer. We identify the ways in which the internet has improved the ability for sex workers to organize and professionalize their services, with increasing profit and safety being core objectives. At the same time, we explore some of the challenges and potential (new) harms that arise for sex workers working online. In this paper, we aim to explore the diversity of ways in which sex workers interact with online and digital technology. This paper advances knowledge by: a) demonstrating how the shift to online working developed for sex workers and their views on the importance of the internet to their working lives; b) exposing the different marketing strategies adopted by sex workers, including the use of social media and personal websites in building an online brand; and c) discussing the impact of online reviews and the wider culture of reviewing commercial sexual services

Saving fallen women now? Critical perspectives on engagement and support orders and their policy of forced welfarism

The UK seems set to follow the increasingly abolitionist trend that is taking hold in Europe in response to the issue of prostitution. While some argue that an abolitionist approach signals a serious attempt to tackle the injustices and gendered aspects of commercial sex, we are less optimistic. Drawing upon the findings of the first study to evaluate Engagement and Support Orders, we argue that any focus on women's needs is distorted by the continued zero tolerance approach to street sex work and the criminal justice setting it takes place in. New revolving doors have been created for those involved in the most visible sectors of the industry and support agencies have been made to take on an increased policing role. This narrow focus individualises the causes of poverty and prostitution, elides the wider structural factors that shape sex work and does little to address the real needs of this vulnerable group. In conclusion, we argue that future policy should engage more productively with the rich cultural study of sex work. This will enable the development of ground-up responses and allow for a more effective role for the criminal law

Why Decriminalise Prostitution? Because Law and Justice Aren’t Always the Same

Leigh Goodmark’s work on domestic violence argues for alternatives to criminal justice to ‘solve’ issues of gendered violence. The criminalisation of sex work and prostitution is rarely discussed in this context—a rather odd omission given the increasing trend towards ‘criminalising demand’ and counter-calls for decriminalisation in this domain. In this article, we bring the two debates into conversation, using Goodmark’s work to bring analytical clarity to the prostitution debate and connect sex work to wider social justice debates in feminist anti-violence circles. We aim to move the conversation beyond retribution and the view that law is justice to outline a vision of justice for sex workers grounded in the principles of rights, recognition and representation. By contextualising the decriminalisation of prostitution within the framework of a wider anti-carceral justice movement, we seek to build alliances for social justice that transcend the current divide

A critical account of a 'creeping neo-abolitionism' : regulating prostitution in England and Wales

An increasingly dominant neo-abolitionist perspective on the issue of prostitution is currently taking hold across Europe. Pioneered in Sweden, this approach considers prostitution as inherently oppressive and seeks to tackle the dynamics of supply and demand by criminalizing purchasers and offering support to sellers who are regarded as victims. Against recent calls from both the European Parliament and an All Party Parliamentary Group on prostitution to universalize this model, we urge caution against moving any further in this direction. Our argument is informed, not only by critical accounts of the ‘Nordic model’, but also by emerging research which highlights the negative effects of recent criminal and ‘therapeutic’ interventions in England and Wales that have already attempted to reduce the demand and supply of commercial sex: the strict liability offence of paying for sexual services of a prostitute subject to exploitation and Engagement and Support Orders (ESOs) for on-street sex workers. We offer both normative insights and draw upon the findings of the first empirical study of ESOs, in order to highlight the problems that emerge when the complexities of commercial sexual exchange are reduced into a binary of ‘victims and victimizers’ to be saved or corrected by criminal justice sanctioned initiatives. In conclusion, we argue for a more productive use of the criminal law that complements rather than eclipses the wider social justice concerns in this arena

The 'subject' of prostitution: Interpreting the discursive, symbolic and material position of sex/work in feminist thoery

Prostitution is often viewed in feminist theory as the sine qua non of the female condition under patriarchy. Frequently cited as 'the absolute embodiment of patriarchal male privilege' (Kesler, 2002: 19), the highly gendered nature of commercial sex appears to offer a graphic example of male domination, exercised through the medium of sexuality. This construction is, however, as convincing as it is problematic. By reviewing the work of Shelia Jeffries, Judith Walkowitz, Gail Pheterson, Shannon Bell, Jo Doezema, Kamala Kempadoo and Jo Phoenix, I aim to illustrate that feminist writers, by assuming different theoretical lenses, offer diverse interpretations of the subject of prostitution - both in terms of women's subjective positions and as a problem of a particular type. Prostitution therefore rather than having a singular meaning is more usefully viewed as an important crucible for testing the central mainstays of feminist theory