Alice Thomson
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When Richard Gere picked up Julia Roberts in his Lotus Esprit in Pretty Woman, it was the start of a great Hollywood romance. The classic prostitute with a heart of gold, she was transformed almost instantly into a glamous sex kitten, equally at home shopping on Rodeo Drive, decorating his arm at the opera in San Francisco or stamping the divots at a polo match. And, of course, there was a fairytale ending in which the corporate prince rescued the fair maiden as she promised to “rescue him right back”.
But if an English Gere — perhaps a hedge-fund manager trying to find Notting Hill in the dark — attempted a similar stunt in the brave new world of Jacqui Smith, the Home Secretary, he wouldn't be handing out strawberries in the hotel penthouse but having his mugshot taken at the nearest police station.
Yesterday Smith announced proposals to “name and shame” kerb-crawlers in a crackdown on prostitution. Paying for sex with a woman “controlled for another person's gain” could now result in a hefty fine and a criminal record. This would include any women who have pimps, as well as drug addicts “working” to pay off their dealers — in other words, most of Britain's 80,000 sex workers, according to government figures. Anyone who pays a prostitute knowing that she has been forcibly trafficked could also face rape charges.
Smith is a brave woman attempting to overturn, as she puts it, over 2,000 years of history. Herodotus talks about sacred prostitution in Babylon, where each woman had to have sex with a foreigner as a sign of maturity. In the book of Joshua, a prostitute in Jericho assisted Israelite spies in conquering Canaan. The Ancient Greeks encouraged prostitution as long as they paid taxes. In Britain in the Middle Ages, all forms of sexual activity outside marriage were seen as sinful by the Church but prostitution was tolerated because it was held to prevent the greater evils of rape, sodomy and masturbation.
Now, spurred on by the murders of prostitutes in Ipswich, the Government has decided to make prostitution a high-profile target.
Harriet Harman, the deputy leader of the Labour Party, who has spent years campaigning against payment for sex, says: “This is not a cottage industry any more. What we are talking about is serious organised crime. This is the only way to protect the vulnerable.”
Yesterday she was celebrating. “We will look back on the days when we allowed women's bodies to be bought as truly medieval,” she said. “In this day and age our aspirations should be so much higher than women for sale. You are protected from buying a faulty iron but you are allowed to buy sex — it's just wrong.”
The philosopher Baroness Warnock also welcomed the government plans. “Why does society tolerate prostitution? Why is the nastiness of buying sex so seldom noticed? Brothels are treated as a kind of joke,” she said.
There are already laws against trafficking and pimping, but the Government's proposals will put the blame on the buyers as well as those selling women for sex. The Poppy Project, which helps women who have been brought to Britain as “sex slaves”, has been pressing for action. Helen Atkins, the group's exiting prostitution development officer, says: “There is no point in just going for the pimps when there is a potentially limitless supply of traffickers and victims. We need to frighten off the clients. Prostitution has become part of a lads' night out — we need to scare the hell out of them.”
Julia (not her real name), whose daughter was “groomed” by a pimp from the age of 13, says that the new proposals would have helped her family if they had been in place ten years ago. One of her biggest frustrations as a mother was discovering how little power the police had to act against the pimps. Police, she says, were quick to arrest female prostitutes as “sitting ducks” but unwilling to devote resources to tackling the much more elusive pimps who were the root cause of prostitution. This, coupled with female sex workers' fear of giving evidence against the pimps, ensured that they considered themselves untouchable.
When Julia's daughter Gemma (not her real name) tried to get out of selling sex in massage parlours and hotels, she was beaten by her pimp and, on several occasions, raped. But like many girls who had been groomed from childhood, she saw the man as her “boyfriend” and, says her mother, was under his spell even though he was clearly involved with other women.
The new legislation expects men to question the backgrounds of the women they are paying for sex, and to realise that in doing so they may be exploiting vulnerable women.
So why has it taken so long to tackle the problem? Is it because Britain has a female Home Secretary for the first time, or because former home secretaries such as Michael Howard had always argued that such laws would be impossible to enforce?
Andy Hayman, former assistant commissioner of the Metropolitan Police, thinks that the new proposals are ludicrous. “The police have so many other priorities, such as knife crime,” he says. “They don't want to hound prostitutes who obviously need the money, or their clients, unless they are causing serious problems.
“What these women need is help. Many of them are drug addicts or behind with their rent; they already have criminal convictions so they can't find another job. They don't need to be forced farther underground. Most are already very co-operative, and they are great informers. Coppers will ignore this one.”
Another problem is that many prostitutes have argued vehemently against the measures that are supposed to be protecting them.
“This is an disaster for many working women,” says Virginia (not her real name), who works in a sex parlour in southeast England that is run by a middle-aged couple. “These measures will make our jobs far more dangerous. The couple I work for are not pimps, they check my clients and make sure I'm safe. The sex between my client and myself is a consensual act.”
Virginia, a teacher by training, became a prostitute six years ago when she was made redundant. “I had a large mortgage and I couldn't lose my home because I had two small daughters to care for,” she says. “I go to work and I perform a service. The pay is good and I can pick up my children from school - if I worked at Tesco I'd never see them. If I get a big gas bill I can do a few extra clients.”
She is angry at the idea of her clients being named and shamed. “Most of them are decent men, coming to me can save their marriage,” she says. “They can ask me to do things that they can't ask their wives. Their women may be too tired for sex or have other preoccupations. I can concentrate on them 100 per cent for an hour and boost their confidence. It is much better to pay for sex than to have a fling with your wife's friend.”
But isn't she an exception? “The majority of women in this business who I know are single mums trying to get some cash together,” she says. “We're not all drug addicts or slaves. Most of us are normal working women.”
Niki Adams, a spokeswoman for the English Collective of Prostitutes, is equally horrified by the proposals. “Prostitutes need to stick together in groups,” she says. “They benefit from having maids, who are usually older women who have been in the profession, looking after them, answering the phone, popping out to get them sandwiches and giving them advice. Most won't be able to find other jobs; they will be forced underground.”
She says that prostitutes are now terrified of ending up with the most unscrupulous pimps. “All this will do is hound the decent parlour owners. The Government is trying to take the moral high ground but it's a low blow for women who are struggling to make ends meet, whether they are from Croydon or Croatia.”
Virginia says: “This is the wrong time to bring in this legislation. Doesn't the Government know that we're going into a recession? For some women this is the only job left — no one else will buy their Christmas presents or pay for their parent's funeral or for their drugs.
“The bankers screw people for money and they get bailed out; we screw people for money and ministers throw up their hands in horror. Yet we're not doing any harm to anyone. I think the public have more sympathy for our plight than theirs.”
A survey by Ipsos MORI for the Government Equalities Office found that only 36 per cent of those questioned agreed that it should be illegal to pay for sex, while 47 per cent disagreed.
“Most women go into prostitution through debt, domestic violence and homelessness,” says Niki Adams. “We have one member whose husband beat her up and smashed up her house last Christmas. The only way she can support herself and her disabled daughter is through prostitution. The Government is telling her she is now a victim, but for the first time she is standing on her own two feet and feels safe. Ministers may try to tell her that what she does is as good as being raped, but she certainly knows the difference.”
Yet Jacqui Smith said yesterday that she was “proud to be helping the thousands of women coerced or trafficked into prostitution in our country”. And Harriet Harman has little sympathy for those who want to continue in the profession: “The majority of them are being exploited. The Government's job must be to protect the vulnerable.”
It is unlikely that the two women can stop the oldest profession in the world. But they will, at least, have made men think twice about their Pretty Woman fantasy.
Streets Ahead: what they do abroad
In 1999, when Sweden effectively made prostitution illegal by criminalising anyone who purchased sex, the rest of the world watched intently. One year later, the Netherlands went to the other extreme and legalised the industry. Both countries claim today that prostitution has decreased since its Nineties heyday.
In Sweden, the number of working prostitutes fell from an estimated 2,500 to 1,500 in the first five years of legislation. More than 500 clients, or “johns”, have been convicted and received fines of up to £5,600 or letters to their wives informing them that their husbands paid for sex. No one has yet been sent to jail.
In the Netherlands, supporters of legalisation claim that prostitutes, with their work permits, social security benefits and regulated brothels, are now much safer then if they had been driven underground by criminalisation. Not to mention, sexual transactions in Amsterdam alone draw in a taxable £66.5million a year to the local economy.
So which path is better? Certainly neither offers all the answers. A recent article in The Economist quoted an Amsterdam policeman as saying that more than 50 per cent of the women in the windows of the city's red light district were there under duress.
Criminal gangs from Eastern Europe and Russia have moved in to make the most of lax laws — laws that were intended to reduce trafficking, but instead appear to have encouraged it. And in Sweden, critics say that prostitution has been driven into the back rooms and on to the internet. “The Swedish sex-purchase law has increased violence against sex workers and makes it impossible for sex workers to work safely and securely,” reads the website for SANS, the Swedish sex workers and allies network in Sweden.
The network claims that since the 1999 legislation, violence against prostitutes has increased, as has the risk of contracting a sexually transmitted disease, because clients and prostitutes are afraid to seek treatment. Prostitutes' traditional support networks have broken down, leaving them on their own and open to exploitation.
The UK seems to be staking out the middle ground in this age-old policy dilemma. But it would be wise to take a hard look at Finland first. In June 2006 it became illegal for clients to purchase sex from a prostitute who was trafficked or being exploited.
There have been no official studies into the effectiveness of the new law but many of the country's experts do not support it. They point to the booming internet prostitution industry in Finland and the difficulties that the police face in proving that a client knew the prostitute was trafficked. Since the legislation came into effect, there has not been one single prosecution.
“No law will stop prostitution,” says Agneta Borg, a social worker in Stockholm who has been working with prostitutes for 40 years. “As long as there is a demand, there will be women selling themselves.”
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This country is in such a mess. I bet the vast majority of prostitutes would rather not be in their situation, and are there either through drugs or force. There is plenty of opportunity for men to meet women and get sex. Seeing a prostitute is just wrong, lazy and used to be shameful. Stop it!
eg, london, uk
I targeted the first Lithuanian networks, by the time the Brits did anything, racketeers owned Work Permits (UK) and in some countries *all* the educational visas were for prostitution. Also, foster parents, teachers, SOA 2003, & NASUWT, is that not legal pimping, at its most malignant?
Gregory Carlin, Belfast, Ireland
Pushing prostitution to the margins marginalises the women involved. There will be prostitution for as long as men have a sex drive and women are prepared to provide a service for money - i.e. for ever. The correct route is to legalise prostitution and to regulate it to cut out the crooks and risk.
Richard, Kidderminster, England
News flash! Guys like sex. Girl Needs money for whatever. Girl can "Trade" sex for what she wants/needs. guys will buy because they are...ahem...guys. Regardless of whatever "Faith" republic of britain the country wants to create, you just can't beat biology and good ol' economics.
Jeff, Madison, USA
The problem with legalising prostitution is that it becomes accepted that paying for sex is normal and you get a culture where men are less inclined to form actual relationships with women as some men will see that they can get sex easily and legally whenever they want it.
Chris, Glasgow,
'A prostitute could lie about being controlled and so a John could be unknowingly breaking the law.'
God forbid a 'John' could be prosecuted in the bid to save a young girl's life................I think we should get our priorities right.
Tom, Burton, England
If there is such concern over trafficking why is the Met's trafficking unit being shut down?
ST, London , UK
Unfortunately this new law will only drive prostitution further underground. Trafficking of women, rape and prostitution will be as prevalent as they are now only with less regulation from government and police. Before, regular prostitutes could work the streets with police officers who knew them.
Sarah, Taunton, UK
How can you stop prostitution? If men can't get a good go with the wife then they go elsewhere. They will have to pay cash, but a satisfying bonk with no questions asked is a good deal cheaper and less tiresome than trying to woo some deserted woman you know at the office. The evidence is everywhere
Pragmatic, Tunbridge Wells, Middle England
I sincerely hope that the prostitution and debauching of the criminal justice system by Labour in favour of criminals and PC toy town police more interested in running up score cards on soft targets will come to an end.
Jackie and her apparatchicks are our biggest problem not the oldest profession.
rob, Ipswich,
More empty, knee-jerk promises from a government desperate to be seen to be doing something.
I've never been a prostitute, so I can't argue the pro's and con's, but even I can tell it'll just drive the industry more underground, placing people into even more danger.
Martyn Taylor, Swindon, England
I've never visited a prostitute and never would, as it's exploitative, pimps are the scum of the earth, and sex with strangers doesn't appeal to me. I wonder though if new laws will really cause a reduction in prostitution or, as some fear, the legislation will drive the trade underground.
Steve, Glasgow,
Moral high ground soap-box standing and about what I have come to expect from a government bent on delivering soundbites rather than workable solutions. How about bringing it into the light which will make trafficking that much harder and protect the girls?
David, Athens, Greece
Prostitution is an anachronism-the "oldest profession" because women were subjugated systemically & had limited opportunity for financial advancement (save marriageoft a legal form of prostitution in the past). Prohibitive laws will harmonise cultural norms with modern principles of gender equality
Sharon Thiruchelvam, London,
To answer the question at the top of the page - "No". Prostitution exists in countries where the penalty is death, so tinkering here is not going to change anything other than to move the prostitutes somewhere else.
David Leslie, Perth, Scotland
"You are protected from buying a faulty iron but you are allowed to buy sex it's just wrong."
This complete non sequitur from Harriet Harman just about sums up the government's whole woolly-headed thinking on this issue.
Andrew, London,
That isn't the point Helene. If prostitution were brought into the mainstream it could be licensed, regulated and taxed. Brothels with security guards and health/psychological tests for the women could be instituted. Instead this will drive the trade further underground, endangering the workers more
Sean, Southport,
Prostitution has been around since Biblical times. Anybody who thinks they can stamp it out permanently is either on a ego trip, or just plain un-informed :)
John, Oxford, Oxfordshire
It is hard to say whether this legisation will do any good, but from a moral point of view it seems to be clear that it is wrong for men to exploit controlled women - it is a form of slavery and the punters should be as culpable as the pimps.
Andre Harris, St Albans, Herts
It is legal for me to sell my labour or intellectual effort - so why should sex be different? Sexual slavery is wrong - but so is non-sexual slavery - it's the slavery, not the sex, that is wrong.
We should regulate the sex market to make it fair and safe - just as we regulate other markets.
Norman, Anstruther, United Kingdom
Quentin, the legislation proposed makes the john a criminal whether he knows the woman's situation or not. In other words, it abolishes the doctrine of 'mens rea', which has been a fundamental legal safeguard for centuries. The tyranny of good intentions marches on.
Robert Firth, Singapore,
Looking at the comments I think people are missing the point of this proposal. It is not about protitution and all of its moralistic debates, it is about the prevention of human trafficking. Why anyone would dispute an attempt at addressing this horrific issue is beyond me....'ignorance is bliss'...
Rebecca, Burton-on-Trent, England
The progress of societies should be measured by how they treat women: can we call ours civilized when abuse of womens' sexuality is not just legal but more importantly seen as 'necessary' even by women themselves? The law is a blunt instrument; Mrs Smith seems to want to cut down a forest with it.
Hugh , Cambridge,
What a patronising view of women who chose to work as prostitutes. There is no recognition here that many women see this as a relatively attractive lifestyle choice, and are exercising their right to chose just as much as anyone else.
Peter Wilson, Auckland, New Zealand
Helene---- none of the victims of murder rape etc etc has chosen their fate, concluding that it pays an hourly rate of £100-200 vs £5-odd minimum wage. That's one difference; another is that the accused is innocent till proven guilty--- a piece of old law that seems not to apply to punters here.
David, London, UK
Another "lets ban legal guns" approach which will not stop criminals, who are prepared to break existing laws.
Recreational drugs have been illegal for decades but their use has increased and created more crime.
As always - the answer is to enforce existing laws - not create new ones.
James, London, UK
Prostitution is never ever going to be eliminated by outlawing it only drive it further underground. It would be better to have licensed premises properly controlled, run as a taxed business.. There would still be the be the "bar pick-up" but girls would be off the streets free of pimps and drugs
N Parr, Hinckley, England
Firstly it's obvious that the solution is to legalise and regulate it (how can they not see that!) and secondly, just go to Tiger Tiger on Haymarket on Friday night. You won't need to pay for it there.
Sascha, London,
I think the main problem is that women who aren't prostitutes can not understand how women who are can bring themselves to do the job, when other work (any other work) is available nor can they understand how men can bring themselves to buy sex. Simple as that.
Pauline, Kingston upon Thames,
Helene, none of the acts you describe are consensual. Legalising drugs is a good idea to remove the associated criminality. Same here.
ja, London,
People have been paying for sex for longer than remembered history. I think it's a safe bet they'll still be doing it long after we're all gone.
Matt, Copenhagen,
More feminism and left wing political correctness. This government is obsessed with controlling behaviour and now wants to criminalize consenting pleasure.
Chris, Stoke on Trent, UK
I have never used a prostitute, in my young day I did not need to & am now probably past it.
However this law is palpably wrong @ can only increase the pressure on working girls. The right (Non feminist) way to go would be to legalise the girls & crack down hard on exploiters.
Tony Cook, Colchester, England
The creation of statute to outlaw this activity by criminalising its client base is this Government's wrongheaded response when what it really needs to do is to regulate the prostitution trade for the benefit of all who work in or need the services it provides
John, Leighton Buzzard,
A prostitute could lie about being controlled and so a John could be unknowingly breaking the law. It should be made clearer how a punter is supposed to know whether he is breaking the law or not. There shouldn't be the situation where you do not know whether you've broken the law or not.
quentin, reading, uk
No law will ever entirely get rid of murder, rape, child abuse, elderly parent abuse, bullying at school, stealing, embezzlement, etc. either. Is it a reason to legalise them?
Helene , Bristol,
Today we hear that there are 80000 UK hookers, 70% 'controlled' & forced to service up to 30 men daily (Harman Ch 4). Even at 15 clients per day, this means >1.2 m liaisons or about 5% of the adult male population daily. In short the numbers are poppycock & should be howled down
David, London, UK
More ineffectual legislation from Labour. It is an offence to carry a knife, how many stabbings have we had this year.
steve tea, manchester, cheshire