LONDON SOUTHBANK UNIVERSITY

Essay onprostitution

“Reflect upon the development of law in this area in the UK, togetherwith current UK government thinking on prostitution/humantrafficking. Critically compare the approaches taken elsewhere and theability of the Swedish model to tackle the increasing problem ofhuman trafficking for the purposes of prostitution into the UK”.

3021646: Seminar Group 11/8/2014

There are more to tackling the problems of prostitution thanbanning or legalising of prostitutes, its activities or itsclients. Therefore, establishing ‘the reasons’ a woman will choosethe trade over normal jobs are necessary in resolving theincreasing problem of human trafficking for the purpose ofprostitution. It is argued in this essay that the key forcesunderpinning the increasing problem of human trafficking in the UKand around the world are economic, gender and social inequalities.

January 8, 2014 [ESSAY ON PROSTITUTION]

Table of Contents

Introduction:......................................................2

Feminist Legal Theories and Prostitution:..........................3

Reflection on the UK’s Approach:...................................5

The UK Approach and Other Approaches:..............................8

Swedish Model and Its Ability to Tackle Human Trafficking into the

UK:...............................................................10

Conclusion:.......................................................13

Bibliography......................................................15

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Introduction: Although “prostitution is not a recent

phenomenon”,1 the debate about how best to tackle the recent

increase in human trafficking for the purpose of prostitution in the

UK and around the world have generated diverse and interesting

schools of thought. Above all, what is inescapable is the alleged

risk of extreme violence faced daily by prostitutes in the UK and

around the world.2 More troubling are the disgrace, the sense of

danger which confronts families of prostitutes, the gender

inequalities that it encourages, the moral damages and its cost to

the society. Poor women and children are, perhaps, the most

vulnerable in the trade.3 Consequently, Ramage has argued that “The

United Nations Anti-Trafficking Conventions, the English statutes

and case law, all show sympathy for the trafficked person,

especially by not criminalizing the victims but the perpetrators”.4

This essay will reflect upon the development of the English

prostitution and human trafficking laws. It will do so by assessing

feminism and mainstream legal theories as they relate to human

1 Carol Pateman, ‘The Sexual Contract’ (Polity Press, Cambridge and Stanford University Press 1988) p16. 2 See: Peter Sutcliffe: The Yorkshire Ripper, Ipswich serial murders (The Suffolk Strangler).3 Risks of Prostitution (Ranker, 2013) < http://www.ranker.com/list/prostitution-diseases-with-this-risk-factor/reference > assessed 09 December 2013. 4 Sally Ramage, ‘Human trafficking in 2008 - blowing away some myths’ (Criminal Lawyer 2008) p45.

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trafficking for the purpose of prostitution. Secondly, it will

critically compare the UK model of combatting prostitution to

methods practised by other countries. Finally, it will examine the

ability of the Swedish model to tackle human trafficking for the

purpose of prostitution in the UK. This essay will argue that the

key forces underpinning the increasing problem of human trafficking

in the UK and around the world are economic, gender and social

inequalities. Therefore, it is suggested that more focus should be

on promoting local and international projects generally aimed at

increasing women literacy level, reducing unemployment among women,

as well by “integrating women into mainstream development polices”5.

Feminist Legal Theories and Prostitution: Prostitution is

defined by the Oxford Dictionary as “the practice or occupation of

engaging in sexual activity with someone for payment”.6 The Court of

Appeal in the case of Regina v McFarlane7 has further defined

prostitution as “making an offer for sexual services for reward”,8

and the “services may not involve sexual intercourse”.9 Accordingly,

offering sexual services to another even without a real intention to

5 Hillarie Barnett, Sourcebook on Feminist Jurisprudence (London: Cavendish, 1997) p4.6 http://www.oxforddictionaries.com/definition/english/prostitution.7 (1994) 2 All ER 283.8 Rob Jerrard < http://www.rjerrard.co.uk/law/articles/pros.htm > assessed 14th December 14, 2013. 9 R v Munck (1918) 1 KB 635.

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provide sexual activity will suffice.10 The reason for such a wide

definition by the court allegedly lies in the reason for public

policy. Historically, Feminist groups have played important roles in

balancing gender and social inequalities in the modern society.

Therefore, the feminist legal theory widely practised in a given

country may significantly influence the state policies towards

women.

Feminist legal theory is a collective and sometimes radical view of

groups, mainly of women, who challenge the classic legal theory and

the state. Hunter has argued that “there is not necessarily any

single ‘feminist perspective’ available on a particular issue and as

a corollary”.11 This is because both classic and modern feminist

legal theories were shaped by different political ideologies. Hence,

while Liberal feminism “fundamentally believes in equality of all”;12

Marxist feminism “focuses on how the class structure configures the

social situation of men and women”.13 Thus, as a result of these

different prepositions within feminist legal theories they adopted

different approaches towards achieving their goals. A good example

is the on-going debate regarding the brave attempt by Hollande’s

10 Regina v McFarlane (1994) 2 All ER 283.11 Rosemary Hunter, ‘The Power of Feminist Judgments’ (Feminist Legal Studies Vol 20, No 2, 2012) p6.12 Hilaire Barnett, Sourcebook on Feminist Jurisprudence (London: Cavendish,1997) p59. 13 Hilaire Barnett, Sourcebook on Feminist Jurisprudence (London: Cavendish,1997) p60.

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socialist government to charge the way prostitutes do business in

France. Whereas, Sylviane Agacinski, “who is one of France’s most

respected Feminist philosophers is for the law reform which imposes

fines on prostitution clients, Elisabeth Badinter, another feminist

philosopher, vehemently objects the proposed law”.14 Subsequently,

supporters of the bill have argued that “prostitution is an

“archaic” form of female “servitude” which is intrinsically

dangerous for the physical and mental health of women”.15 A similar

view was echoed by renowned 1960s’ German feminist activist Alice

Schwarzer, who argued that “prostitution has become a form of modern

slavery”.16 However, STRASS (France's Sex Workers' Union), has

labelled the bill “discriminative, incoherent and unjust”.17 These

polarised feminist’s debates serves to reinforce Drakopoulou’s

empirical question “what are feminism’s grounds for claiming to know

the ‘truth’ about women”?18 He then went further and argued that “If

14 John Lichfield, ‘French face fines for buying sex in new clampdown on prostitution’ (Indipendent.ie, 24 November 2013) < http://www.independent.ie/world-news/europe/french-face-fines-for-buying-sex-in-new-clampdown-on-prostitution-29779815.html > assessed 09 December 2013.15 France's lower house passes law imposing fines on prostitution clients (theguardian.com, 4 December 2013) < http://www.theguardian.com/society/2013/dec/04/france-law-fines-prostitution-clients > assessed 09 December 2013.16 Tony Peterson, ‘Europe’s biggest brothel: it will cost €4.5m and will boast 90 prostitutes’ (The Independent, 05 December 2013) < http://www.independent.co.uk/news/world/europe/europes-biggest-brothel-it-will-cost-45m-and-will-boast-90-prostitutes-8986921.html > assessed 07 December 2013.17See footnote number 14, and 2012 WHO report, Global Commission on HIV and the Law Project (UN).18 See footnote 19.

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law’s truth-claims are merely the effects of power, the same must

also apply to feminist truth-claims about women”.19 These

differences, however, do not change the fact that in decades

feminist movements have achieved various significant social and

economic reforms beneficial to women. The Representation of the

People Act 1918, the Equal Pay Act of 1963 in the US, and the Equal

Pay Act 1970, all came about as a result of feminist struggle. These

hard earned achievements were made possible through innovative and

sometimes courageous feminist of demonstrations, strikes, and riots.

However, these feminist methods are not static, they have evolved.

The Feminist Judgement Writing Project is a new kind of feminist movement

advanced by the Women’s Court of Canada (WCC) in Canada and was

subsequently followed by the Feminist Judgments Project (FJP) in the UK. Hunter

has argued that…

“the Feminist Judgment-Writing Project undoubtedly

challenges the law’s power to define women and to

disqualify feminist knowledge, but they do so from

inside the law and with the objective of changing

law, of revising law’s knowledge about and

representations of women, and of extending legal

subjectivity to women – as both the authors of

19 Drakopoulou Maria, Postmodernism and Smart’s feminist critical project inLaw, Crime and Sexuality: Feminist Legal Studies 5: 107-11 (1997).

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decisions and the subjects upon whose experiences,

activities and concerns law is founded”.20

This is a shift from Smart’s feminist perspective which “urged

feminists to disengage with the law”.21 Above all, more emphasis is

on their commonalities, and not on the methods they employs toward

combatting human trafficking and prostitution. The UK government’s

policies on human trafficking as it relates to prostitution has for

decades been at the centre of feminist debates. Although recently

there have been few reforms in this area of law,22 these changes has

been criticised for not being fit for purpose, and “are themselves

ripe for critical analysis”.23

Reflection on the UK’s Approach: In the UK, the laws on

human trafficking for the purpose of prostitution are to some extent

a blanket criminalisation. It is, however, so vaguely structured

and interpreted that a mere by-passer or an innocent husband can be

convicted under the current law.24 Generally, the exchange of sexual

services for money is not a crime in the UK. However, as a result

of the Wolfenden Report25 the UK government’s policies toward20 Rosemary Hunter, ‘The Power of Feminist Judgments’ (Feminist Legal Studies Vol 20, No 2 (2012) p21, 22.21 Carol Smart, ‘Feminism and the Power of Law’ (London: Routledge 1989)34.22 See Theresa May Modern slave bill.23 Rosemary Hunter, ‘The Power of Feminist Judgments’ (Feminist Legal Studies Vol 20, No 2 (2012) p1.24 R v McFarlane [1994] 2 All ER 283.25 Committee on Homosexual Offences and Prostitution, Report of the Committee on Homosexual Offences and Prostitution. London: Her Majesty's Stationery Office (1957).

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prostitution shifted to the detriment of prostitutes. The Street

Offences Act 1959 was enacted following the report. The Report26 was

adopted irrespective of Lord Devlin profound criticism of it “as being

wrong in principle”.27 Section 1 (1)28 provides that “it shall be an

offence for a common prostitute to loiter or solicit in a street or

a public place for the purpose of prostitution”.29 This was, perhaps,

the beginning of what Harvey called “Reeks of Cowardice and Inertia”.30

Wolfenden’s argument was that street prostitution was partly to blame

for community instability, and it follows that it was responsible

for weakening of the family institution in the UK. This view has

been argued to be a somewhat misleading assertion which has led to

humiliation and conviction of prostitutes. In the strongest terms,

historian Patrick Higgins argued that “a report that decriminalises male

homosexuality and criminalises female prostitution fails to

appreciate the importance of the homosexual subculture”.31 In any

case, Higgins was echoing the view shared by many about the UK

government’s perilous misrepresentation of a complex reality.

26 See footnote 25. 27 Devlin Patrick, The enforcement of morals, London: Oxford University Press (1965).28 Street Offences Act 1959.29 Street Offences Act 1959, s 1 (1).30 Heather Harvey, ‘Unlike France, the UK's Approach to Prostitution Reeks of Cowardice and Inertia ‘(International Business Times, 9th December 2013) < http://www.ibtimes.co.uk/articles/528648/20131209/french-prostitute-law-sex-workers-uk-red.htm > assessed 12 December 2013. 31 Higgins Patrick, Heterosexual Dictatorship: Male Homosexuality in Post-war Britain, (Fourth Estate, London 1996).

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Furthermore, words such as common prostitute, loiter,32 and ‘Living

on the earnings of prostitute’ under s 1 (1)33 and s 3034 have been

the subject of wider and sometimes confusing interpretation by the

court. In R v De Munck35 where a mother permitted her 14 year old

daughter to take men into her room, and even though there were no

evidence that the girl had sexual intercourse with the men, the

Court of Appeal held that “common prostitution does not comprise

only of normal sexual intercourse but that any act of lewdness will

suffice".36 In practice, this will mean that any prostitute alleged

under the above Sections37 need not have sexual intercourse to be

guilty of the offence. The question to ask is how would such a wide

statutory interpretation victimise or alternatively help a

prostitute? Mary Honeyball, MEP for London and Labour’s spokesperson

for women in Europe, has questioned the aim of such interpretation

and approach. Suggesting that “such approach by the UK government

only serves to perpetuate, and does not address the fundamental

problem”.38 Subsequently, in the case of R v Howard,39 the court of

appeal held “that a card marker who produces adhesive stickers used

32 Street Offences Act 1959, s 1(1).33 Street Offences Act 1959.34 Sexual Offences Act 1956.35 [1918] 1 KB 635.36 R v De Munck [1918] 1 KB 635.37 Street Offences Act 1959, Sexual Offences Act 1956.38 Mary Honeyball, ‘The Debate About Prostitution Isn't a 'Legal vs. Illegal' Binary - We Can Find a Middle Way’ (Huff Post, 5th October 2013) < http://www.huffingtonpost.co.uk/mary-honeyball/prostitution-law-labour_b_4043414.html > assessed 12 December 2013. 39 (1992) 94 Cr.App.R. 89.

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by prostitutes for advertisement was by so doing living on the

earnings of prostitute under s 30”.40 In a commercial sense, Mr

Howard is just like any other entrepreneur who pays rent, taxes and

strives on a daily base for businesses opportunities. Thus, the fact

that he was found guilty under s 3041 was another good example of the

extent a court can go in deterring, not only prostitutes but anyone

that sells, rents or buys anything from prostitutes. What then is

the UK’s government current thinking?

It seems that the general views of the UK government are to have

tougher laws against respective human trafficking and prostitution.

Section 53 (1) A of Sexual Offences Act 2003 made it an offence to

pay for sexual activity of a prostitute who is subject to force, and

under section 14 Policing and Crime Act 2009, it is irrelevant

whether or not a client is aware that the prostitute is being

exploited by another or that the events took place outside the UK.

Harriet Harman has argued that “the problem of prostitution is better

solved by criminalising men that pay for sex”,42echoing James

Brokenshire, the security minister’s position that “the government

was committed to eradicate “modern slavery” in all forms; and this

includes sexual exploitation, which is one of the most common types

40 Sexual Offences Act 1956.41 Sexual Offences Act 1956.42 UK 'should outlaw paying for sex' (BBC News, 20 December 2007) < http://news.bbc.co.uk/1/hi/uk_politics/7153358.stm> assessed 12 December 2013.

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of abuse identified with trafficking victims in the UK. Accordingly,

this new approach seems to focus more on criminalising the client

rather than the prostitute. This is the case, even though loitering

and soliciting on the street remains a crime.43 The next chapter

will analyse these new changes, and as well compare the UK’s current

approach with other countries.

The UK Approach and Other Approaches: In discussing the UK’s

approach and that practised in other countries, the German and the

Swedish approach will be used as case studies. Since 1999, the

Swedish government officially recognises prostitution as an aspect

of male violence against women, and children, and as well a form of

exploitation of both. Under Chapter 23 of the Swedish Penal Code

( Svenska lagstiftningen ) “obtaining casual sexual relations in exchange

for payment constitutes a criminal offence punishable by fines of up

to six months imprisonment”.44 If as practised in the UK a man who

obtains sexual services from an independent self-motivated

prostitute commits no crime. Such a transaction is completely

illegal under the Swedish system. This is because in the UK, unlike

in Sweden, it is partially accepted that prostitution can be

conducted professionally: referencing women who voluntarily

43 Policing and Crime Act 2009, s 16.44 FACT SHEET: Ministry of Industry, Employment and Communications ‘Prostitution and trafficking in women’ (Stockholm. January 2004).

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participate in the trade. Hence, any man who pays to obtain sexual

services from any prostitute that falls under this category provided

she is operating as a single trader and the act takes place in

private, they would be operating within the law. The principle

underpinning the Swedish approach is that “women are seen as the

exploited and the abused and not as the criminal”.45 Perhaps, the

view that there are women (albeit a minority) that have willingly

chosen to engage in the trade is according to the Swedish policy

irrelevant. The main argument for the Swedish approach is that the

law discourages men from buying sex, and as a result of lack of

sexual services demand by man, women will be discouraged from

offering their body for sale. Thus, clients may find the risk of

going to jail as a result of purchasing sex from a prostitute too

costly when compared with its benefits. In other words, this will

mean less human trafficking, less violence against women, balanced

gender equality, and as argued by the Swedish government “less

social problems”.46 Against the Swedish approach, is the argument

that criminalisation of prostitution activities will only force the

trade and its perpetrators to find alternative ways of doing

business. Consequently, prostitutes will be at more risk. They

45 Melissa Gira Grant, ‘What the New York Times (and France) Got Wrong AboutProstitution’ (slate.com, 11 December 2013) < http://www.slate.com/articles/double_x/doublex/2013/12/sex_work_laws_the_new_york_times_praises_france_s_new_legislation_and_gets.html > assessed 14 December 2013.46 See footnote 43.

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would, perhaps, not have workers’ right as do their counterparts in

Austria, Germany and New Zealand. Furthermore, it has been argued

that by criminalising paying for sexual activities the Swedish

government has lost out on tax revenue which has benefitted the

governments’ of countries such as Germany, Netherlands and the New

Zealand.

The German liberalist approach is ostensibly the most controversial.

Moreover, while forced prostitution remains illegal before and after

2002, voluntary prostitution and running of brothels are now

completely legal in Germany. ‘HYDRA’ estimates the number of active

prostitutes in Germany to 400,00047 and it follows that the largest

brothels in Europe are located in Germany.48 Accordingly,

prostitution activities i.e. Eros centers (Bordell, Laufhaus),

Apartment prostitution (Wohnungspuffs), Massage parlors, Partytreffs

and Pauschalclubs, FKK clubs or Sauna clubs, and Escort services

(Begleitagenturen) are in full function in almost every German city,

with the exception of small towns with less than 35,000

inhabitants.49 As far back as in 2006, the city of Cologne alone

reported explicit prostitution tax income of over 800,000 euros.50 47 Final Report TAMPEP 8, Germany (2009) < http://tampep.eu/tampep8.asp?section=tampep8> assessed 11 December 2013.48 See: Pascha in Cologne, Germany.49 Auswirkungen des Prostitutionsgesetzes, IV Internationale Perspective. Sozialwissenschaftliches Frauenforschungsinstitut, Freiburg, July 2005. (German).50 Sex Tax Filling Cologne's Coffers (Spiegel Online, 15 December 2006) < http://www.spiegel.de/international/germany-s-smut-tariff-sex-tax-filling-cologne-s-coffers-a-454749.html> assessed 11 December 2013.

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The core similarity between the German, Swedish and the UK’s methods

are the prohibition of pimping and recruitment of underage girls for

the purpose of prostitution, and this is arguably due to the global

recognition of the link between human trafficking and prostitution.

Countries such as New Zealand, Austria and Netherlands that have

similar liberal prostitution laws recognise this link, and as well

prohibit the same or related acts. Thus, besides the above mentioned

similarities methods operating in these countries are distinct both

in nature and in application. Firstly, while running of Brothels is

legal in German, they are Illegal in the UK. Secondly, while

prostitutes workers’ rights are recognised under German labour law,

the same cannot be said of the English law. Decriminalising

prostitutes’ activities and the tax benefit that comes with it may

not have come without a price. According to a survey carried out by

TAMPEP in 2009, German sex workers are said to be vulnerable to

violence and abuse by clients, police and pimps. They are exposed to

debts and poverty, stigma and discrimination. However, a study

carried by the family court in Germany has also shown that some

married and foreign women who are not involved in the trade also

suffer similar problems. So, it is not conclusive whether or not the

above mentioned disadvantages can be directly attributed to

prostitution. What seems clear, perhaps, is that while blanket

criminalisation of prostitutes’ activities may not be the best

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solution, a complete decriminalisation of it as are the case in

Germany, New Zealand may as Alice Schwarzer suggests “turn a country

into sex paradise.”51 However, the main problem of prostitution may

lie in its link with human trafficking which is the focus of the

next paragraph.

Swedish Model and Its Ability to Tackle Human

Trafficking into the UK: The link between human trafficking

and prostitution is not only generally considered a force behind the

increase of prostitution activity in the recent time; it is widely

recognised as the main causes of exploitation and violence against

women. The United Nation defines ‘Human trafficking’ as

“the recruitment, transportation, transfer,

harbouring or receipt of persons, by means of the

threat or use of force or other forms of coercion, of

abduction, of fraud, of deception, of the abuse of

power or of a position of vulnerability or of the

giving or receiving of payments or benefits to

achieve the consent of a person having control over

another person, for the purpose of exploitation”.52

51 Jason Overdorf, ‘Germany's legalized sex industry is booming’ (Globalpost, November 26, 2013) < http://www.globalpost.com/dispatch/news/regions/europe/germany/131125/berlin-sex-workers-prostitution-law> assessed 11 December 2013.52 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Article 3, s 1 (a).

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The EU adopted the above definition under Article 2 of DIRECTIVE

2011/36/EU, and consequently the UK and the Swedish government have

ratified both the ‘Palermo Protocol’53, EU Directive 2011/36, thereby

transposing both the human trafficking definition and other

provisions of the convention into their respective national laws as

required under the EU law.54

Under the current Swedish law, it is recognised that by deterring

men who pay for sexual activities prostitution will decline, and as

a result Sweden will become less attractive to human traffickers.55

It is widely claimed that since the introduction of the 1999 law

“there has been about 50% decrease of street prostitution and about

75% decrease in demand of street sex. As a result, trafficking for

the purpose of sexual exploitation has decreased drastically-with

some putting the figure at 60%”.56 Yet, a recent figure published by

the Swedish police has to some extent contradicted these

assertions.57 The table below shows an overall number of reported

cases of human trafficking for the purpose of prostitution in Sweden

53 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.54 Treaty on the Functioning of the European Union, Article 288.55 FACT SHEET: Ministry of Industry, Employment and Communications ‘Prostitution and trafficking in women’ (Stockholm. January 2004).56 The Link between Prostitution and Sex trafficking (US department of Global Affairs, 24th November 2004).57 Posted on by Wendy Lyon, ‘Swedish police stats show more, not less, prostitution and trafficking’ (Feminist Ire, 11th October, 2011) < http://feministire.wordpress.com/2011/10/04/swedish-police-stats-show-more-not-less-prostitution-and-trafficking/ >assessed 12 December 2013.

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from 1999 to 2010. The table shows that reported cases of human

trafficking have increase from about 19 in 2008 to about 36 in 2010.

58

Furthermore, the table below shows that there has been an increasein reported cases of human trafficking for the purpose ofprostitution from 9 in 2008 to 26 in 2010.

59

The only official explanation to these figures which disturbingly

contradicts the global understanding of the effectiveness of the

Swedish approach came from the Swedish Chief Inspector (Now

Detective Supt), Kajsa Wahlberg. She argued that “what we see is a

direct result of the effect of the 40 million Swedish crowns (About

£400,000.), which the Swedish government injected into the special

58Polisanmälningar rörande människohandel för sexuella ändamål åren 2008 2010 (BRA, 2011) < http://www.bra.se/download/18.607587db133acdc54dc80002119/1323267289408/2011_19_Polisanmald_manniskohandel.pdf > assessed 13th December 2013.59 See footnote 55.

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task force responsible for enforcing human trafficking and

prostitution law in Sweden. Thus, in reality the trade has

decreased”.60 Ironically, the Swedish method has made successful

entrance into the policies of some European countries. With the

Norway adopting similar regime in 2009, while France and Northern

Ireland on the verge. The Swedish approach has without factual

results on its favour proven to be the new solution.

A study by Home Office provided “that between 140 to 1,400 women are

trafficked into the United Kingdom for the purpose of sexual

exploitation annually”.61 According to Browne, “there are about

80,000 active prostitutes in the UK”,62 of which “5,000 are

children”.63 These figures when compared with the former seem to

suggest a constant increase of human trafficking into the UK.

Alternatively, how then will criminalisation of ‘sex buyers’ reduce

or eradicate the problem of human trafficking? This argument is,

perhaps, tentatively economic. Thus, the lesser the demand, the

lesser the supply. Assuming, there are quantitative evidences to

this effect, the Swedish approach would effectively represent a60Laura Agustín, ‘The Other Swedish Model’ (thelocal.se, 29th July 2011) < http://www.thelocal.se/blogs/theotherswedishmodel/tag/police/ >assessed 13th

December 2013.61 Liz Kelly and Linda Regan, ‘Stopping Traffic: Exploring the extent of, and responses to, trafficking in women for sexual exploitation in the UK’ (Home Office, 2000) < http://andreanetwork.pbworks.com/f/trafficking.pdf > assessed 13th December.62 Taylor-Browne J, More than One Chance! Young people involved in prostitution speak out, ECPAT UK, (London, 2002).63 Swann S and Balding V, ‘Safeguarding Children Involved in Prostitution Guidance Review’ (London, Department of Health 2001).

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great force in tackling the increasing problem of human trafficking.

However, the “clandestine nature of both human trafficking and

prostitution has made it impossible to find accurate estimates of

evidence establishing such assertions”.64 Above all, the fact that a

method worked for Sweden, a country of 9,603,296 with inhabitants,65

does not necessary suggests it will work for the UK, another country

of 63,320,000 inhabitants.66 Particularly, as the Swedish experience

has shown, the putative success of the 1999 law depends largely on

enforceability.

Conclusion: Trafficking of a human that is being for the purpose

of exploitation is legally prohibited by the United Nation: be it a

male or a female, a child or an adult, and whether it is for the

purpose of labour or prostitution. The economic forces behind this

surreptitious trade are avoidably rooted in the overall economic

imbalances that exist between the export countries (origin countries

of victims) and the import countries (countries were victims are

sold). As studies have shown, majority of prostitutes in Germany and

in many other European nations are of Chinese, Nigerian, Romanian,

and Bulgarian origins. Therefore, it is hard to overstate the

64 Seo-Young Cho and Axel Dreher, ‘Does Legalised prostitution Increase Human Trafficking?’ ( Elservier, 2013) < http://www.sciencedirect.com/science/article/pii/S0305750X12001453 >assessed 13th December 2013.65 geohive.com <http://www.geohive.com/earth/population_now.aspx > Accessed 06 Jan. 14.66 See footnote 65.

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significant negative effect of economic inequalities between these

nations and developed countries. In relation to indigenous

prostitutes, other studies have as well shown that poverty, sexual

and physical abuses are among the primary causes.67 As a result,

Melrose has argued that “about 74% of women cite poverty as the

primary motivator for entering prostitution”.68 Thus, it is no

surprise that “9 in every 10 prostitutes would like to exit if they

had the choice”.69

This essay has investigated the development of the UK law as it

relates to prostitution. In addition, it has assessed different

feminist legal theories, as well as the roles of feminism in

balancing gender and social inequalities. Furthermore, by way of

comparison this paper has shown that even though prostitution laws

may differ between countries, there is little or no evidence

suggesting that a particular approach better reduces risks of

violence against prostitutes than the other. It follows that

although there seems to be a general appeal towards the Swedish

model; the argument that the Swedish model works does not fully

comply with statistics published by the Swedish authority.

Supposedly, Wahlberg’s arguments are accepted, then, the Swedish model

67 Home Office: Paying The Price, 2004.68 Melrose M, ‘Ties that bind - Young People and the Prostitution Labour Market in Britain’ (2002). 69 Farley M, ‘Bad for the body, bad for the heart": Prostitution harms women even if legalized or decriminalized’(2004).3021646 Page 20

January 8, 2014 [ESSAY ON PROSTITUTION]

may assist in reducing street prostitution in the UK. It is,

however, submitted that there is no tested law since the origin of

our modern society that is capable of a full scale cleansing of

prostitutes or prostitution activities.

This essay has not discussed or analysed issues relating to human

trafficking for the purpose of force labour as such discussion falls

outside its scope. It is submitted, however, that the economic

forces that underpinned human trafficking for the purpose of

prostitution also applies as well to forced labour. Thus, what seems

most important is as argued by Grant, “The idea that we should treat

sex workers as “victims” and not “criminals” sounds right, but it

falls short”.70

(Word Count: 3590)

70 Melissa Gira Grant, ‘What the New York Times (and France) Got Wrong AboutProstitution’ (slate.com, 11 December 2013) < http://www.slate.com/articles/double_x/doublex/2013/12/sex_work_laws_the_new_york_times_praises_france_s_new_legislation_and_gets.html > assessed 14 December 2013.

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January 8, 2014 [ESSAY ON PROSTITUTION]

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Legislations:

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Policing and Crime Act 2009

Representation of the People Act 1918

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Smart C, Feminism and the Power of Law (Routledge 1989)

Journal Articles:

Auswirkungen des Prostitutionsgesetzes, IV Internationale

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Frauenforschungsinstitut, Freiburg, German (2005)

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2011) <

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>assessed 13th December 2013

Grant M, ‘What the New York Times (and France) Got Wrong About

Prostitution’ (slate.com, 11 December 2013) <

http://www.slate.com/articles/double_x/doublex/2013/12/sex_wor

k_laws_the_new_york_times_praises_france_s_new_legislation_and

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Harvey H, ‘Unlike France, the UK's Approach to Prostitution

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2013

Honeyball M, ‘The Debate About Prostitution Isn't a 'Legal vs.

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of, and responses to, trafficking in women for sexual

exploitation in the UK’ (Home Office, 2000) <

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13th December

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December 2013

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January 8, 2014 [ESSAY ON PROSTITUTION]

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12 December 2013

Young Cho Sand Dreher A, ‘Does Legalised prostitution Increase

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1453> assessed 13th December 2013

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Sex Tax Filling Cologne's Coffers (Spiegel Online, 15 December

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tariff-sex-tax-filling-cologne-s-coffers-a-454749.html>

assessed 11 December 2013

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January 8, 2014 [ESSAY ON PROSTITUTION]

Websites:

http://www.oxforddictionaries.com/definition/english/

prostitution

Rob Jerrard < http://www.rjerrard.co.uk/law/articles/pros.htm

> assessed 14th December 14, 2013

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2012 WHO Report

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Report of the Committee on Homosexual Offences and

Prostitution. London: Her Majesty's Stationery Office

Crime and Sexuality. Feminist Legal Studies 5: 107-11

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11 December 2013.

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Others:

Pascha in Cologne, Germany

Peter Sutcliffe: The Yorkshire Ripper, Ipswich serial murders

(The Suffolk Strangler)

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