Update: The Home Office did not even acknowledge receipt of this Response, but admitted to receiving it when telephoned. Our response took Ted Goodman and myself a total of over a thousand hours work and, as the years drifted by, we felt more and more defeated.
Original draft sent to the Home Office In January 2004, updated November
2004
The Sexual
Freedom Coalition is delighted to learn that the Home Office will
consider all proposals for the reform of prostitution law, no
matter how radical. Home Office ministers have been reported to
claim that nearly every model for dealing with prostitution has
been tried in Britain over the last 700 years.
The Sexual Freedom Coalition proposes an entirely new model. It
is both radical and visionary, extending beyond the problems of
prostitution to provide much needed improvement to our nations
sexual healthcare.
LEGAL CHANGES:
1. The decriminalization of prostitution, i.e. the removal of
the laws restricting prostitutes from trading (not the kind of
restrictive legalisation that could lead to a black market just
as bad at the current one).
2. The laws that protect all workers from abuse and exploitation
need to be strictly applied to protect sex workers.
3. A change in the drugs laws to provide free drugs on prescription
and rehabilitation for addicts, plus the implementation of Treatment
Testing Orders
SAFER SEX
EDUCATION AND SERVICES IN SAFER SEX CENTRES ATTACHED TO EXISTING
HEALTH CENTRES
1. Providing free no-stigma sexual health care, safer
sex education and support services for the whole community, including
sex workers.
2. Offering respectful services for sex workers, including referral
services, to eliminate crime, raise opportunities and standards,
and reduce street prostitution.
We believe
this project should be implemented as soon as possible, for two
reasons. Firstly, much of the sex trade is run by gangsters and
protection racketeers. Pressure also comes from increasing economic
hardship, coupled with higher lifestyle expectations in many countries
across the globe.
The second reason is that Britain has the worst sexual health
care in Europe. Special clinics are under-funded and have long
waiting lists. The public is reluctant to go for regular sexual
health checks, despite the fact that many people have serial and/or
multiple partners without using safer sex. This has resulted in
a steep rise in sexually transmitted infections, including HIV.
There is an urgent need for safer sex education and properly funded,
easily accessible, no-stigma check-up and treatment
centres.
OUR BACKGROUND
The Sexual Freedom Coalition takes a responsible role to gain
sexual freedom for all consenting adults. We contribute to political
reform and debate on issues in the media.
The SFC, with Prostitution Pride and International Union of Sex
Workers, advised the Green Party on their Political Policy Document
on Prostitution and the Sex Industry (November 2000) to which
the Home Office is referred [1] and [2]. Our expertise has been
gathered from two decades of research, attending international
conferences, looking at systems in place around the world, and
listening to prostitutes, clients and lawyers.
The International Union of Sex Workers is now affiliated to the
GMB trade union, to improve the legal status of sex workers.
POLITICAL,
LEGAL and OTHER SUPPORT
The Green Party supports the decriminalization of prostitution,
and much of what is contained in this proposal [4]. MPs
from other political parties have supported our position, for
example Edwina Currie (Con), Teresa Gorman (Con) and Evans Harris
(Lib).
We gratefully thank solicitor John Blandford, Britains leading
lawyer to the sex work trade, for his expertise.
Our proposals have also received support and expertise from the
Outsiders Trust [3], advising on the sexual needs of people with
disabilities.
DECRIMINALISATION
It has been proven throughout history that men and women who enter
this industry of their own volition, are free spirits, choosing
the profession because of its potential, not just for money making
but also for human interaction, flexible hours, and opportunity
to be autonomous. That is why it is so hard on sex workers, whether
they call themselves prostitutes, call girls, rent boys, masseurs
or masseuses, escorts, surrogates, working girls or boys, to have
their profession discriminated against, and more tightly controlled
by the state than any other profession.
The answer to many of the problems surrounding prostitution is
setting these workers free, i.e. decriminalisation, as has been
proved in Sydney, Australia and New Zealand.
The proposals offered in this document are forward-thinking and
require a turn-around in attitude. They provide a framework within
which the sex trade can operate safely, alongside other sexual
services. In other words, prostitution should be respected
just like any other profession.
RESPECT
It is our view that sex workers need to be treated with care and
sensitivity, because their work is highly personal. They are,
after all, offering access to their bodies and intimacy to strangers.
The SFC established in its Prostitution Pride Campaign that good
sex workers provide much more than sexual relief and pleasure
to clients there is just as much informal counseling, mothering,
skin contact and reassurance. We learned too, that clients invariably
act in a supportive way when they find themselves in the company
of a frightened and vulnerable young novice who is finding the
work difficult. It is common for a prostitute to marry a client.
Sex work is not only about sex, and its activities should not
have to be conducted in an environment of furtiveness, discrimination
and illegality.
Britain, however, denies its sex workers acceptable working conditions,
lawful tenancies, advertising and recognition.
THE CURRENT
SITUATION
Recent initiatives have failed, including
licensing massage parlours and saunas
setting up unofficial tolerance zones in some cities but
not others, depending on the whim of the local police chief and/or
local authority
prosecuting kerb crawlers
Current laws are confusing and conflicting. The Provisions of
the London Local Authority Act 1991 allows the licensing of establishments
for massage and special treatment, but Lambeth Council were unaware
of this when it prosecuted the Streatham Sauna.
British laws are also unfair. The National Exhibition Centre in
Birmingham is served by local licensed massage parlours
essential for attracting international exhibitions. Why should
foreign businessmen be allowed access to sex workers, when a British
male in his car, searching for a sex worker in the only place
he knows he might find one, risks losing his wife and his job
by being prosecuted and having his details published in the local
newspaper? The South London Press regularly names and shames convicted
kerb crawlers.
We do not agree with the idea that selling sex is unacceptable
- many people hire out their bodies in different kinds of ways
to earn a living. However, we agree that people should not feel
forced to sell sex in order to support a drug habit, fund their
pimp or feed their children. While we cannot alleviate the latter,
helping sex workers out of drug habits and away from pimps is
an important function of our scheme.
Drug addiction and crime are social problems, which sometimes
use prostitution as a remedy, rather than the other way round.
The three topics need to be dealt with separately. All drug addicts
are not prostitutes and most prostitutes are not drug addicts.
The SFC does not want to see Britain repeat the mistake made in
Holland, where, since legalisation, clients now choose the illegal
establishments because licensing regulations make the legal brothels
more expensive to run, and charges are higher. Brothels must be
safe, but sex workers should be allowed to work from residential
premises without paying a licence fee and instaling fire exits
and the like.
CARE IN THE
INDUSTRY
Chad Varah, Companion of Honour, CBE, MA, DSc, founder of The
Samaritans, set up a Brenda service for men who make
dirty phone calls. This service was part of The Samaritans
and offered free sympathetic phone-line support from women to
help these men, and wean them off their habit. The problem with
some commercial sex services is that they feed off guilt, selling
unsatisfying thrills which soon lead to a craving for another
fix.
With less criminality involved, less stigma, and hopefully fewer
sex workers working in financial desperation and fear, the profession
can take a more responsible role.
REDUCING
THE NEED
Our scheme reaches out to other members of society, to eventually
reduce the enormous need for sex work that currently exists (resulting
from guilt and shame and lack of communication between couples)
to a level where the trade will need to employ only those who
passionately want to do this very special work.
Prostitution is an answer to problems, not a problem itself. Many
disabled and older people are sexually shunned. 40% of British
marriages end in divorce. Asian men undergo arranged marriages.
These problems cause men to resort to prostitution.
PROPOSED
SERVICE
Our proposal involves the setting up of local Safer Sex Centres,
within existing holistic Health Centres, providing support, education
and contacts. It supports sex workers however they work, be it
alone, together, for agencies, in night clubs, or in brothels.
We propose that the service employs trained sex professionals.
Britain has a large pool of experts who have been trained in sex
therapy (most are members of the British Association for Sexual
and Relationship Therapy).
What this service is to be called is very important, using care
to avoid attracting overwhelming criticism of public spending
on sex.
The service could be funded by the Department of Health. The Department
of Health are stepping up the funding of sexual health,
as a response to current sexually transmitted epidemics, and this
scheme fits in perfectly. Other aspects of sex work coming could
come under the control of the Department of Trade and Industry
and the Department of Culture.
The scheme will not work if it suffers from the same social stigma
as GU clinics and todays sex industry. Dr Sarah Gill of
the GU clinic at St Marys, Paddington, complains that people
are afraid to be seen there, and will only take the step of getting
tested if they have a serious problem. Stigma of visiting the
centre can be reduced by good public relations and providing a
sex positive, up-beat welcoming environment.
Once our proposal has proved to work well, and gained the confidence
of the public and the sex trade, there might be an option to get
sponsorship and introduce charges to make the Centres self-financing.
THE SERVICE
PROVIDES:-
wheelchair accessible, disability friendly, pansexual services
for sex workers, clients and the public
a comfortable, un-threatening, homely atmosphere
free or subsidised condoms with attractive safer sex education
leaflets
services specifically for sex workers:-
friendly support groups, training, drop-in provisions with
free condoms, up-to-date warnings on dangerous/difficult clients,
and social get-togethers
a register for sex workers and establishments in the area,
and free referrals. This is to promote professionalism and, in
turn, offer alternatives to sex workers working in the street
and places where they are unhappy
help, and advice on re-training, for sex workers who wish
to leave the industry
respectful support for victims of coercive and abusive
trafficking
support in coming off drug habits and leaving pimps
advice on negotiating working conditions and pay with employers
and clients
advice on paying tax, pension provision, and investment
legal support so that people who coerce and abuse sex workers
get prosecuted
support on health and safety issues if working from home,
in a flat or brothel
good practice guidelines for employers, including a Child
Protection Policy
support for underage people who have been caught working
in the sex trade
other outreach services as required, including a mediation
service for problems which occur in the street
contact with the police to clamp down on coercive and abusive
trafficking and underage brothels
Support for Clients:
specialist support for clients who use sex workers because
they cannot find a partner, with social skills training, and assertiveness
training and help in negotiating their needs with people who are
inhibit them e.g. parents or care workers
Services for the General Public:
well-woman and well-man clinics, contraception and safe
sex advice, with GU testing and counselling. This environment
must be more conducive for the public to come for health checks,
than clinics attached to hospitals
an intense safer sex education programme
sex therapy, drug and alcohol counselling
support groups etc for people with HIV and other STIs
structured surrogate services for people with disabilities
and singles with sexual problems
support for people who are continually rejected and cannot
find a partner but pay for sexual services
telephone helpline, including a Brenda service
for people who are addicted to telephone sex
confidential support for individuals worried about their
sexual desires
safer sex workshops offered to companies and other organisations,
which will become incorporated into standard health and safety
proceedures
trained sex educators visiting schools, including schools
for children with special needs
free workshops and education for vulnerable people, such
as children, inexperienced disabled people, people with learning
difficulties, and older people, to protect them from sexual exploitation
and abuse
special sex education for young visually impaired, blind
and deaf-blind people
networking to unearth local child abusers and rapists (who
often pick on prostitutes as easy targets), offering a legal structure
to deal with them
easily affordable workshops and classes on sexuality, techniques,
topics such as sex and religion, marital difficulties, etc, some
of which could be run by sex workers
help in finding partners, with contacts for local emotionally
isolated people and relevant training for people who feel helpless
and depressed
supervision for educators, counsellors and therapists
above services online
Good websites offering reassurance, the opportunity to access
information and advice from home, and encouraging people to come
to the centre.
ECONOMIC INCENTIVES FOR THE GOVERNMENT
less crime and police time
less drug addiction, therefore a better economic contribution
from an otherwise capable section of society
increased revenue from taxation
less medical costs of treating sexually transmitted diseases
and people with AIDS
more healthy people available for work
a sexually enlightened society is a healthy society and
more productive
PILOT SCHEMES
We dont expect that the Home Office will leap into such
a liberal programme without a period of trial and research. We
have the following suggestion.
South London has historic traditions of providing brothels outside
the city walls since medieval times. Southwark was famous
for its 'stews' (brothels owned by the Bishop of Winchester).
It would be an ideal place for a pilot scheme. This pilot scheme
comes with the support of Shane Collins, Green Party Prospective
Parliamentary Candidate for Lambeth and Tim Summers, Green Party
Prospective Parliamentary Candidate for Vauxhall.
Croydon might be a good second location for a pilot scheme, where
the local paper is seeking readers views on "liberalising"
laws relating to sex workers. The third and fourth pilots could
be in Birmingham and in a city in the North of England.
We thank the Home Office for inviting contributions, and would
be happy to participate in further consultation, if invited.
Dr Tuppy Owens
20th January 2004 (amended 24th November 2004)
1 - 2)http://www.sfc.org.uk/policy
3) http://www.outsiders.org.uk
4)http://policy.greenparty.org.uk/mfss/responsi.html
Appendices added 31st January 2008:
The Legal Framework
Nigel's Story
The Sex "Slave" Trade