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A comprehensive strategy to address prostitution and its detrimental consequences for individuals and communities in England and Wales. The strategy includes prevention measures, tackling demand, developing routes out, ensuring justice, and tackling off street prostitution. It also highlights the importance of local partnerships and key actions for both government and local partnerships.
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A Coordinated Prostitution Strategy
and a summary of responses to
Paying the Price
January 2006
EXECUTIVE SUMMARY
Action for government Action for local partnerships
To update the circular on policing street prostitution
To develop:
- a progressive approach to the policing of kerb crawling - a strong partnership between the police, support services and the local community.
To produce guidance on models of support and routes out
To develop prioritised and specialised drug treatment programmes and other services as part of the exiting process
To expand the Ugly Mugs scheme through Crimestoppers
To increase opportunities for reporting serious crimes against women in prostitution through the development of police liaison with support services
To produce guidance on advocacy services To ensure the availability of advocacy services to support those women in prostitution who become victims of serious violent and sexual crime
To produce a guide to the law on trafficking and other forms of sexual exploitation, covering effective investigation, witness support and victim care
To ensure a proactive and intelligence-based approach to the policing of prostitution
To develop a UK action plan on trafficking and to conduct action research on the extent and nature of all forms of commercial sexual exploitation in off street settings
To ensure a proactive approach to policing off street prostitution and to develop a policing strategy based on the results of action research
BACKGROUND
In July 2004 the Home Office published Paying the Price: a consultation paper on prostitution as a starting point for the development of a realistic and coherent strategy to deal with prostitution and its detrimental consequences for individuals and communities. The consultation paper focused primarily on the issues related to street prostitution but also acknowledged that commercial sexual exploitation occurs in private premises and can involve the abuse of children and young people, and the trafficking of women from abroad.
Views were sought from the public, from voluntary and statutory agencies, and from a range of individuals and organisations with an interest in issues related to prostitution. The consultation period ran until the end of November 2004. A total of 861 responses were received. A list of those who responded is at Annex A, and a summary of the consultation initiatives at Annex B.
Of great importance to the review process were the views of those directly involved in prostitution, those who pay for sex and residents of communities particularly affected by prostitution. We are extremely grateful to those who sent in written responses and to those who generously gave their time to talk to the review team. We would particularly like to thank those projects who held discussion groups at their drop-in sessions with women involved in street prostitution; the Praed Street project which set up an open meeting with men and women involved in off street prostitution in London; members of the National Youth Campaign on Sexual Exploitation who came to give their views directly to the Home Office Minister; and the local residents who took part in the MORI-run focus groups in Brixton and Bristol. We are particularly grateful to those who courageously shared with us some very difficult life experiences.
Given the number of responses, it would be impossible to include all the points made in this summary. We have tried to encapsulate the key issues and to give an indication of the relative strength of feeling. There were some issues where respondents were very much in agreement and others where there was a real divergence of opinion. All the contributions have helped to inform the development of a coordinated prostitution strategy, published with this summary of responses.
Prostitution review team
January 2006
A significant number of respondents expressed some support for the approach taken in Sweden. The Swedish Government is aiming for the elimination of prostitution through the decriminalisation of the women involved and the provision of welfare support, together with criminalisation of the purchase of sexual services. When this new policy was introduced, there were thought to be around 1,500 women in prostitution in Sweden as opposed to the estimated 80,000 in the UK. While there was some drug misuse, serious addiction was not endemic to street prostitution in Sweden, in contrast with the UK. The magnitude and complexity of street prostitution here suggests that a more comprehensive and coordinated strategy is required.
While recognising these differences, many respondents to the consultation exercise supported the principles underpinning the Swedish model, including a shift of the enforcement focus onto those who create a demand for prostitution. This would be an effective way to disrupt the market; it was also clear from the responses from communities that the activities of kerb crawlers are of the greatest concern in terms of neighbourhood nuisance. Anecdotal evidence suggests that warning measures and enforcement of the law against kerb crawlers have a deterrent effect. More sustained enforcement could have a significant impact on the demand for a street sex market and improve the quality of life and security of those living in red light areas.
A number of respondents providing services to women in prostitution favoured the repeal of the loitering or soliciting offence on the basis that it would reduce stigmatisation and may be less inhibiting to women in need of help and protection. However, other respondents felt that it could send out the wrong message about the acceptability of street prostitution to young people, to those involved in providing sexual services, to those who create the demand for sex markets, and to those who control those markets.
There was a wider consensus among respondents in respect of the decriminalisation of those under 18. Respondents were concerned that the message that these young people are victims of child abuse could be undermined by their potential criminalisation. Guidance on Safeguarding Children Involved in Prostitution requires young people to be treated primarily as victims of abuse. Since its issue in 2000, numbers of cautions and prosecutions of those under 18 have dropped dramatically to only three convictions in England and Wales in 2004.
Many respondents echoed the view expressed in Paying the Price that the law on street offences is outdated and ineffective. They were keen to see reforms that would introduce a more rehabilitative approach to women in prostitution, with opportunities at every stage of the process for diversion into the kind of services that will directly address the underlying reasons for their involvement. It was also widely acknowledged that there must be a strong partnership between enforcement agencies and those providing protection and support if successful routes out of prostitution are to be established.
There is also a clear need to ensure that the law on street offences is capable of responding to the concerns of communities about neighbourhood nuisance. Communities have a reasonable expectation that the law should protect them from offensive behaviour arising from prostitution.
There has been increasing use of the civil law to respond to community concerns. The use of Anti-Social Behaviour Orders (ASBOs) to prohibit nuisance behaviour by kerb crawlers or those involved in prostitution was a controversial issue among respondents. As with the current criminal law, the real objection is that ASBOs do not address the underlying reasons why many women become trapped in prostitution – such as serious drug misuse. With the introduction of new Intervention Orders to be attached to ASBOs, it will be possible to do just that. This will significantly strengthen the value of these orders. Many respondents indicated that they would also welcome guidance to local partnerships to ensure that support services are involved in decisions about the use of civil orders.
We were particularly keen to have views on managed areas as some councils have expressed an interest in trying a managed approach to street prostitution. A managed area is generally considered to be an area in which no arrests are made for prostitution-related offences although the enforcement of the law on other matters (for example, drug offences) continues. There is currently no legal mechanism for the designation of such an area.
Many respondents commented on this issue. Of these, there were some in favour of the introduction or trial of managed areas but a clear majority were firmly opposed. Those who argued in favour considered that the safety of women could be better safeguarded, and communities better protected from prostitution-related nuisance, through the designation of managed areas. It was considered that they would contain the market, enabling support projects to engage with those involved in street prostitution, while keeping prostitution away from residential areas, thereby reducing the nuisance to communities. The exclusion of pimps and drug dealers would reduce serious crime and enable a safer environment to be created for all involved.
Many respondents were doubtful that suitable areas for such zones could be identified – particularly areas where local residents or businesses would be happy to live within, or in close proximity to, a zone. Those who were opposed to managed areas also considered it doubtful that those involved in prostitution, and those who want to pay for street sex, would be prepared to use such an area. Women often commented that they feel safer working in residential areas. The exclusion of pimps and drug dealers could also exclude pimped women and women with problematic drug use – and almost all those currently working on the streets fall into one or other (or both) of these groups. Equally, those wanting to purchase street sex generally prefer to remain anonymous and may be reluctant to visit an area where they are more visible. There are also resource implications for the police and local authorities, both in respect of managing the areas and policing the streets outside the zones.
Finally, and perhaps most importantly, the creation of a managed area – even as a short-term arrangement – could give the impression that communities condone, or at least are forced to accept, street prostitution and the exploitation of women. While managed areas may offer some opportunity to improve the physical safety of those involved, there is no amount of protection that can keep women from harm in this inherently dangerous business. The majority of respondents shared this view.
Respondents also commented on the role of dedicated support projects in supporting women when they become victims of crime. Safety advice is already a key element of outreach work but it was widely acknowledged that, while women remain on the streets, they run a high risk of sexual or violent crime, including domestic violence. Many respondents mentioned the reluctance of women to report such crimes to the police, and the difficulties of securing prosecutions against violent pimp/partners and punters. Respondents reported on the value of local Ugly Mugs schemes and recommended that these should be extended to enable the build-up of intelligence on ‘dodgy punters’ on a national basis. Respondents also praised the working practices of Sexual Assault Referral Centres as a model response to victims of rape and serious sexual assault.
Enforcing the law against those who exploit and abuse individuals through prostitution was recognised by respondents as the best way to address commercial sexual exploitation and to send a clear message that it will not be tolerated. Many respondents welcomed the robust legal framework created in the Sexual Offences Act 2003 although there was a perception that investigative expertise is patchy and that more could be done to support victims and witnesses.
The 2003 Act also strengthened the law in respect of the use and abuse of children through prostitution. It is now an offence to pay for sex with a young person up to the age of 18. The robust legal framework, combined with strengthened safeguarding measures, ensures that local partnerships are equipped to address this form of child abuse although it was recognised by a number of respondents that some areas have yet to adopt the proactive approach required to tackle this largely ‘hidden’ problem.
There was less information in Paying the Price in relation to off street prostitution as the scoping study uncovered less research. However, examples of initiatives from around the world – including registration, decriminalisation and legalisation – were set out as a basis for discussion about the issues associated with this sector of the market, and ways to tackle them.
This is the aspect of prostitution where views were most divided. Some respondents, including those directly involved in this sector of the sex industry, argued that off street prostitution can be virtually problem-free and that, as such, should be allowed to operate without government interference other than those controls that would normally apply to business. Many respondents argued that the current legal framework can work against the safety of those involved in off street prostitution. One example is that the current (case law) definition of a brothel involves two or more women working together. This definition also includes a woman working alone with a maid. This can encourage women to work in isolation and inhibit their ability to protect themselves. There was significant support from respondents – including from many who would not wish to see the wider decriminalisation of prostitution – for a change to the law to allow two or three women to work together without classing the premises as a brothel.
Government Response: The Government recognises the importance of ensuring the safety of those involved in prostitution and will work with partners to extend the current arrangements for Ugly Mug reporting. We will also promote the use of existing legislation to deal effectively with those exploiting others through prostitution. The aim will be to ensure that good practice, in terms of both proactive policing and holistic support services, is replicated in all areas. (Section 4)
However, it was also clear from the range of responses that there is immense variation in off street settings and the way they are organised. Some of the worst examples of exploitation – child abuse and trafficking for sexual exploitation – take place behind closed doors. Evidence from respondents also suggested that violence, drug misuse and neighbourhood nuisance can also be associated with off street prostitution. Between the premises where women and children are kept against their will and small independent enterprises, there are many variations in the way in which such ‘businesses’ are operated. While the problems associated with off street prostitution may not be so obvious to communities or to enforcement agencies we must not underestimate the impact of exploitative and harmful practices in this sector of the sex trade. The numbers involved in off street prostitution are far greater than those on the street, and it involves some of the most vulnerable members of our communities.
During the course of the consultation period, a survey of commercial sex premises in London^2 provided evidence of a clear growth in the number of migrant workers involved in the off street trade. Projects offering outreach and drop-in services in London find that brothel workers are now almost entirely migrants. Numbers are so significant that the London market has been described as ‘saturated’. This has had a significant impact on the way in which business is done. It has increased competition and brought down prices so that the market has become increasingly competitive, with a higher incidence of unsafe practices. Those involved are often highly vulnerable to exploitation.
A number of respondents favoured a more liberal approach to off street prostitution, with some suggesting that brothels should be treated as any other business and others favouring a dedicated licensing regime in order to introduce specific health and safety regulations. However, a far greater number were strongly opposed to such a move, many fearing that such a regime would not succeed in delivering improvements to the current levels of violence and exploitation. There was scepticism shown with respect to the option of registering individuals and requiring regular health checks. While some felt that this might deliver some improvements to public health, a greater number believed that such a system would be counter-productive in that few would be prepared to register and may be deterred from undergoing voluntary health checks.
Most respondents agreed that there needs to be some clarity in the way off street prostitution is policed. There are new offences in the Sexual Offences Act 2003 to control commercial sexual exploitation which, although it is early days, have led to some major investigations and significant convictions. However, many brothels hide behind the façade of saunas or massage parlours. A Sauna Owners Forum has been set up in Manchester to promote good practice and works in cooperation with the local Prostitution Forum. Around the country, many outreach staff work cooperatively with those selling sex, managers and owners to promote healthy practices, individual safety and anti-discriminatory practice. But not all brothel managers and owners aspire to good standards of health and safety, and fair practice. While there were sharply differing views as to whether the off street market should be managed or policed, the overwhelming view was that there must be clarity in the way the law is applied, and more proactive policing to address cases of exploitation.
To properly inform policy, we need to ensure as clear an understanding of the current extent and nature of off street prostitution as we have developed in respect of street markets. This will enable effective targeting of the exploitative element of the trade and, in particular, identification of those premises where child abuse and the exploitation of trafficked women takes place.
(^2) Dickson, Sex in the City: mapping commercial sex across London , The Poppy Project, 2004
A COORDINATED PROSTITUTION STRATEGY FOR
ENGLAND AND WALES
- developing routes out^ – proactively engaging with those involved in prostitution to provide a range of support and advocacy services to help individuals leave prostitution ( Section 3 ) - ensuring justice^ – bringing to justice those who exploit individuals through prostitution, and those who commit violent and sexual offences against those involved in prostitution ( Section 4 ) - tackling off street prostitution^ – targeting commercial sexual exploitation, in particular where victims are young or have been trafficked ( Section 5 )
(^3) A single, non-statutory, multi-agency partnership, which brings together at a local authority district level the different parts of the public, private, voluntary and community sectors (^4) www.together.gov.uk/. This information will also be available through the Crime Reduction website – www.crimereduction.gov.uk
(^5) Online Guide to Community Engagement in Policing , available at www.communityengagement.police.uk (^6) Neighbourhood Policing: your police; your community; our commitment , 2005, available at http://police.homeoffice.gov.uk/community-policing/neighbourhood-police (^7) Further information, including useful case studies, can be found by visiting www.neighbourhoodmanagement.net
Community conferencing approaches aim to bring together key stakeholders – including local residents – to address issues of local concern. A range of these types of projects exist in a number of localities and the Home Office has recently commissioned Crime Concern to produce a report to review their effectiveness and promote good practice.^8
Community conferencing involves the use of skilled mediators who aim to work with key stakeholders to develop action plans that respond to community concerns and commit partners to their delivery. This type of process may well offer a way forward for those communities anxious to express their concerns and take action to tackle specific problems. A community conference has the potential to act as a catalyst to bring together all stakeholders who can make a difference to problems identified by communities, including communities themselves.
(^8) Available at www.active-citizen.org.uk
