Prostitution remains one of the most controversial topics across all societies in the world. Whilst some countries are more open and flexible about the subject, most still criminalise the sale of sex. Although in the UK prostitution itself is not illegal, most of the acts around it remain illegal. This includes setting up, keeping, or managing a brothel (Sexual Offences Act, 2003). One could argue the legislation itself lacks clarification and, perhaps provides more questions than answers. For example, the act of two sex workers to operate under the same roof is considered illegal under the current legislation.
This pushes sex workers to operate on the streets under no protection. Consequently, sex workers find themselves out of options and vulnerable to verbal and physical violence, abuse of all kinds and having to seek underground alternatives to operate and seek protection. This manifesto will, therefore, advocate for the legalisation of brothels in the UK, primarily with the aim to improve the safety of the sex workers and recognition of the profession.
In addition to the safety issues within the sex workers environment, the use of illegal drugs is also strongly linked among those workers. Although precise data is somewhat difficult to obtain, it is crucial to display a study which took place in America indicates how injected drugs and prostitution is closely related.
Most street prostitutes who are injection drug users use drugs before beginning sex work. They often continue or increase their usage after they start sex work because they are making more money for drugs and some need to be high to do this work, leading to a circle of increasing addiction (Porter and Bonilla, 2010, p164).
Although the scenario cited above is in the United States, UK displays similar issues with street workers. Across the whole country from small streets in Soho, central London to the business district of Glasgow, sex workers have been continuously reporting cases of violence, robberies and extortion. Because sex workers have no other places to operate, they find themselves having to work in street corners utterly vulnerable to attacks (McKeganey and Barnard, 1996, p17-19). In some cases, the presence of their boyfriend or partner reduces the risk of those sex workers being attacked. However, such protection could arguably be classified as pimping, which is also illegal according to the British legislation. Moreover, due to the lack of regulation and control in those areas, sex workers also report cases of sexual abuse and lack of freedom from those who see themselves as a way of protection.
Violence was such a frequent occurrence within the street prostitution scene that it was almost commonplace; women expected it to happen at some point and considered themselves lucky if they had so far managed to avoid it (McKeganey and Barnard, 1996, p70).
This manifesto makes a clear connection between the lack of regulation and violence. Although by no means does this work intend to imply or incentivise prostitution, it is evident that legalizing brothels facilitates the process of regulating the sex industry and providing adequate protection to sex workers. Furthermore, with the introduction of legal brothels in the UK, sex workers are more likely to spread awareness of the industry and advocate for social inclusion and labour rights. “Many sex workers considered themselves deserving of having their human rights recognised” (Sanders, O’Neill and Pitcher, 2018, p137).
There has been a more recent amendment in the British legislation. However, these have mainly been amendments of terminologies, bringing minimal practical changes. More recently, during a Home Affairs Meeting, Paris Lees, a former sex worker, highlighted how inefficient it would be for the government to continue neglecting the need to acknowledge crucial and urgent amendments in the legislation. She argues that the current legislation affects sex worker’s safety, and, how criminalizing prostitution would only push the issue underground, consequently producing an even more hostile and dangerous environment for sex workers.
I don’t think to criminalise sex workers makes anybody safer, criminalise the buying of sex wouldn’t make me feel safe (Home Affairs Committee, 2016).
It is clear how the government have consistently worked in a direction towards preventing or tackling the issue as if prostitution could, or even should, be prevented or eradicated, rather than legitimise it as a profession and work together with sex workers to create a safer environment. However, prohibition and criminalisation have shown no signs of improvement; in the review published by the Home Office in 2000, Setting the Boundaries, the report did not state whether prostitution should be legal or illegal, bringing once again more questions than answer (Kingston, 2010, p23-25). As an inclusive society, UK citizens cannot continue to agree with a system that punishes sex workers without providing realistic alternatives for those who find themselves trapped in a vicious circle scenario, feeling marginalised and socially and morally excluded.
There are places, where brothels are operating legally. However, the system in those places does not produce positive results. Brothels in the United States are only legal in some rural areas of Nevada, where data is controversial. Due to the lack of police staff, regulators have reported not being able to visit the facilities due to over workload. Therefore, the lack of regulators in the area leads to sex worker’s conditions and rights not being thoroughly completed and supervised. Reports of monopoly among brothel owners is also a subject of discussion, leaving even less space for sex workers to raise any concerns (Ash, 2018).
Another example takes place in Turkey, where brothels are also licensed. However, the practicality of the system called Genelev provides very little protection to the sex workers, quite the contrary, it produces a somewhat social exclusion for those operating in the industry. Commissions regulate sex workers within the municipal areas in Turkey. Although the commission provides medical checks to prevent venereal diseases for the sex workers, those commissions also denied free movement to sex workers and instead, sex workers are given special citizen cards where it states that the individual is a sex worker (Davidson, 1998). The Genelev system has been criticised for its approach to sex workers and how to marginalise, shame and control sex workers rather than support and protect.
However, there are countries where the system in place which allows the operation of brothels have been more successful and positive results have been produced. New Zealand, for instance, is perhaps the leading pioneer of decriminalising prostitution on a national scale. In 2003, the government passed the Prostitution Reform Act (PRA). The policy focused on the right of sex workers, social inclusion, welfare, the safety of sex workers, health checks and support and protection from exploitation (Armstrong, 2010). Perhaps one of the main reasons for the PRA to be successful is due to its early adaptation in a relatively young society. As a result, sex workers feel safer to reject a client without concerns of violence. Also, the system empowers sex workers to choose where to work and the choice of having someone to manage the establishment or not, should a worker wish to work in a brothel.
Switzerland is another country which successfully legalises certain brothels. In 2013, the Sex Boxes were introduced after winning voting from its people, and the creation of garages where sex workers would be allowed to negotiate with clients and sex acts would be safely conducted. The project meant to be a provisional experiment. However, after five years, the government has no plans to stop the initiative. Sex workers are offered health checks and facilities for showers and shelter. Furthermore, sex workers are also offered German language classes, medical advice and counselling. All the facilities are paid for by the sex workers through an annual tax.
What makes those policies a success or a failure is the approach the governments take. By classifying and punishing sex workers, it makes it harder for them to leave the industry and be integrated back into society. These policies appear to stem from an unrealistic belief that criminalising the sex industry will eventually lead to its eradication. It can be argued that successful policies such as PRA in New Zealand and the Sex Boxes in Zurich have a central focus on the social integration of the individual and on the support and respect of the individual by providing means of integration. Most importantly, those systems are primarily designed to work with the sex worker instead of against them. One could argue that legalizing brothels could incentivise human traffic. However, neither New Zealand or Switzerland have shown increased figures of human traffic related to their approach to sex workers ever since their law and experiments were introduced.
This manifesto aims to work in a similar approach, focusing on supporting the sex worker by advocating legal brothels, where sex workers can feel safe and protected by the law. Licenses can be obtained through a process which regulators can exercise consistent inspections in a similar way where bars and clubs are inspected. The license would be provided once health checks are completed and the establishment provides regular checks including work conditions, health and safety procedures.
Sex work must fulfil certain criteria: first, the sex worker must be able to negotiate the terms of the exchange and to refuse any particular client or act; second, the sex services must be given in return for payment, in suitable surroundings and without intervention by any third party; third, the price of the service must reflect the course of the market, with its prevailing balance of supply and demand (Dottridge, 1999, cited in Monzini, 2005, p54).
Most importantly, in order for this manifesto to have an impact on our society, one must recognise the importance of re-interpreted the sex workers place in society. The stigma and discrimination surrounding the practice of selling sex as a service must be removed and the practice accepted as a legitimate business (Monzini, 2005). However, the primary step for such acceptance is protection and, regulating brothels is the most effective first step to start this process; providing shelter enables protection and respect.
Bibliography:
Armstrong, L. (2010). Out of the shadows (and into a bit of light): decriminalization, human rights and street-based sex work in New Zealand. In: Hardy, K. Kingston, S. and Sanders, T. (eds.) New sociologies of sex work. Surrey: Ashgate.
Ash, L. (2018). Nevada’s brothels face the axe. BBC World Service, 06 September. Available from https://www.bbc.co.uk/programmes/p06kfkch [Accessed 16 December 2018].
Davidson O’Connell, J. (1998). Prostitution, power and freedom. Cambridge: Polity Press.
Home Affairs Committee (2016). Prostitution. Available from https://www.legislation.gov.uk/ukpga/2003/42/part/1/crossheading/exploitation-of-prostitution [accessed 15 December 2018].
McKeganey, N. and Barnard, M. (1996). Sex work on the streets, prostitutes and their clients. Buckingham: Open University Press.
Monzini, P. (2005). Sex traffic, prostitution, crime and exploitation. London: Zed Books.
Porter, J. and Bonilla, L. (2010). The ecology of street prostitution. In: Weitzer, R. (ed.) Sex for sale: prostitution, pornography, and sex industry. New York: Routledge.
Sanders, T. O’Neill, M. and Pitcher, J. (2018). Prostitution, sex work, policy & politics, 2nd ed. London: Sage.
Sexual Offences Act 2003, c.42.
Kingston, S. (2010). Intent to criminalize: men who buy sex and prostitution policy in the UK. In: Hardy, K. Kingston, S. and Sanders, T. (eds.) New sociologies of sex work. Surrey: Ashgate.