A response from the Lawyers' Christian Fellowship to the Government Consultation on Prostitution

Rebecca Bensted

On the final day of the Government Consultation on Prostitution, 'Paying the Right Price,' the Lawyers' Christian Fellowship have welcomed the spirit of the Home Secretary's review. Prostitution can seriously damage those involved and the communities in which it takes place. The prevention of prostitution; protection and support of those involved including the provision of an 'exit route'; justice for those affected and for those exploiting, pimping and people trafficking are key issues on which any change in the law must focus.

The Existing Law
Prostitution itself is not illegal at present, but activities associated with it are, such as loitering or soliciting for the purposes of prostitution, kerb crawling or keeping a brothel used for prostitution. The sexual exploitation of children and the trafficking of both children and adults for sexual exploitation are also criminal offences.

The Destructive Nature of Prostitution
In developing a strategy to deal with prostitution the LCF considers the following factors to be crucial:

1) The vulnerability of those involved in prostitution:
80-95% of street-prostitutes feed a drug habit;
Many report difficult childhood histories involving violence and abuse;
Many enter street-prostitution at a young age.

2) The exploitation of those involved in prostitution:
Some 5,000 young people in Britain may be involved;
75% of women involved were originally coerced into prostitution before the age of 18;
Many women involved support a partners' drug habit;
60 female prostitutes have been murdered in the last 10 years;
Two-thirds of female prostitutes had experienced client violence;
70% of female off-street prostitutes are foreign nationals.

3) Prostitution damages communities:
Prostitution is strongly associated with the use of and market for Class A drugs;
Prostitution is linked to other forms of serious crime;
Prostitution contributes to the spread of STD's and HIV/Aids;
Prostitution creates a climate of anti-social behaviour and nuisance;
Prostitution leads to degeneration of an area.

An Appropriate Response
The Government has suggested creating managed areas in which prostitution may take place or a system of licensing brothels to reduce levels of associated criminality. In fact these measures would have the opposite effect, encouraging the sex trade and doing nothing to reduce the number of vulnerable prostitutes on the street. The LCF believes there is a clear case for making payment for sex or attempting to pay for sex an offence. Failing this, a policy of zero tolerance should be implemented under the existing criminal law.

In Sweden, legislation crriminalising men who create the demand for prostitutes whilst decriminalising the prostitutes themselves, coupled with strict law enforcement has reduced the number of women in street-prostitution by two-thirds in five years. Now virtually no foreign women are being trafficked into Sweden for sex. Government funds are also available to help Prostitutes who want to exit the profession.

The research evidence indicates an over-whelming case for discouraging prostitution in all forms. It is accepted that off-street prostitution does not represent as obvious a social problem as street-based prostitution. However factors such as the links with organised crime, involvement of children, and the involvement of women who have been trafficked into the United Kingdom for the purposes of sexual exploitation are too serious for any consideration to be given to any sort of policy that would accept the continuing existence of or normalise this form of prostitution.

It seems that the only appropriate response is to follow the Swedish example of making paying for sex or offering to pay for it on or off the street a criminal offence. This will have the effect of reducing demand for prostitution, and if the law is appropriately enforced, to a reduction in the activity. Clearly a high level of support must be provided to assist those women trapped in prostitution and to encourage and help them to change their way of life. It is imperative that the criminal law gives a strong lead in this area: it must guide behaviour rather than responding to it.