Francis Elliott and Richard Ford
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Men who buy sex from women who have been coerced into prostitution or trafficked for sexual exploitation would be prosecuted under proposals to be announced by the Home Secretary tomorrow.
It would be an offence in England and Wales to pay for sex if the woman was being controlled by a pimp, had been coerced into the sex trade or was trafficked into Britain for sexual exploitation. Last year Jacqui Smith said: “We recognise that there is considerable support for us to do more to tackle the demand for prostitution and to prevent the trafficking of people for sexual exploitation.”
Gordon Brown recently indicated his determination to legislate in this area, when his spokesman said that he believed it was wrong for men to pay for sex.
The Home Secretary will make clear that the measure will not affect sole traders or women selling sex of their own free will. The move represents a compromise solution to demands from some senior members of the Government to criminalise the purchase of all sex. Police were concerned about the practicalities of a law banning any payment for sex.
Exact details of the new offence and the penalties to be imposed are yet to be worked out. Ministers believe that the measure will act as a deterrent to international human trafficking.
During a visit to Amsterdam as part of a government review of prostitution laws, Vernon Coaker, a Home Office minister, was told that the city was being used as a transit post for girls waiting to come to Britain to work as prostitutes.
The Government has toughened its stance on prostitution in recent years, after initially considering “tolerance zones”. Plans to permit small brothels, with two prostitutes and a maid, to operate legally remain under review.
Several years ago, Sweden criminalised buying sex but decriminalised selling it. Supporters of the scheme say it has sharply reduced the number of brothels and clients and the level of sex trafficking. Men who flout the law face a fine of 40 days’ salary, or a six-month jail term. Street prostitution has greatly fallen, officials say. But some critics have suggested that women who remain in the sex industry have become more vulnerable.
In Britain, Harriet Harman, the Minister for Women and Equality, was among those in the Government pressing for tough measures to tackle the demand for paid sex and to give greater protection for women. She wanted to make it illegal to pay for all sex. Under existing laws in Britain, prostitution is not illegal but keeping a brothel is a criminal offence. Kerb crawling and soliciting for sex are also illegal.
The Sexual Offences Act 2003 introduced penalties against those who sexually exploit children, and trafficking adults or children for the purposes of committing sexual offences was also outlawed. Latest police estimates suggest that as many as 18,000 trafficked victims are forced to work as prostitutes. Police projections vary from between 6,000 and 18,000.
Operation Pentameter 2, a six-month police campaign, has shown the extent of the sex trade industry. Figures released in July showed that 167 victims were rescued across Britain and Ireland and 528 suspected traffickers were arrested. The victims included 13 children aged between 14 and 17 who were rescued from sexual exploitation and two children who were under forced labour.
Paedophiles and other sex offenders will be compelled to take lie-detector tests under plans announced by the Government to bolster monitoring of their behaviour by the Probation Service. A total of 450 sex offenders who have been released from prison on licence will be tested over a three-year pilot scheme to begin in the Midlands next year. They will be asked a series of questions while their heart rate, perspiration, brain activity and blood pressure are monitored.
The questions are intended to discover if they have broken the terms of the licence under which they have been released from prison.
Ministers have legislated to allow polygraph testing to be included in a sex offender’s release licence and for such tests to be compulsory. Parliament could be asked for the scheme to be applied across England and Wales.
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Finnish sociologist Anna Kontula:most of the images that people have about commercial sex are nonsense,a Finnish sex worker is not a victim of human trafficking, chained to a room in a cellar. In most cases sex workers have chosen their work themselves and are courageous, independent women.
Elias, Finland,
Lets start right away and agree that trafficing should be dealt with every single time.
But, there are many women working as independants or via an escort agency that are doing this escorting work as a matter of freewill. That is to say that they chose to start a career in escorting themselves
john, newcastle upon tyne, england
The reason foreign criminals move over here is because of our soft justice system.If people trafficking attracted a life sentence as it rightly should,these people destroy lives even if they do not take them,they might just think twiceBritain is a soft touch for the criminal and dishonest.
Dave, Plymouth,
Council of Europe P. Assembly resolution 1579 recommend a human rights approach instead moralistic; people's decisions and choices should respect. Member states should avoid policies which force sex workers underground and making them more vulnerable; instead they should seek to empower them.
Elias, Finland,
On the backround of Swedish law are thinkings of such radical feminists theorists as Valerie Solanas, Andrea Dworkin, Sheila Jeffreys.According them man is always bad and woman god, man is always guilty and women victim. It's unfortunate if main stream feminism also becomes tainted by Dworkin etc
Elias, Finland,
It's erroneous directly conflate prostitution and trafficking. Voluntary adult sexwork is not automatically slave trade. Trafficking must be dealt separately from trade of sexual services in legislation.
Elias, Finland,
For the protection and safeguarding the human rights voluntary adult sexwork must under no circumstances be confused with trafficking. Swedish law undermine every people's right to self-determination and sexual autonomy and increase vulnerability especially for women working in sex area.
Elias, Finland,
Within trafficking 75 % is slavery work in other areas than the sex industry; agriculture, construction, household services, restaurant services. How does customer know the difference between coerced/not-coerced in these areas? It´s not logical to argue for Swedish law as relevant for trafficking.
Elias, Finland,
If you believe that Swedens law is effective against trafficking - should we then criminalize everybody who hires maids or eat in restaurant or employ help to agriculture on the grounds
that there exists people who are forced to do slavery work in these areas?
Elias, Finland,
If there are really 18,000 trafficked women prostitutes in the UK, or even 6,000, how is it that Operation Pentameter 2 which raided 882 establishments over a six month period, could find only 167?
Either the police are very inept at finding these women, or their estimates are highly exaggerated.
Dave, Southampton, UK
Great idea - in theory.
Now, just how do they propose to enforce this, in practice?
Gill, Southampton, UK
This is a joke. There's no strict liability here, so they have to show the man knew the girl's circumstances. They can't charge a man with rape without showing that he knew she was being forced, so what's their plan here?
Coerced? Trafficked? how does the man know?
Badly thought out rubbish.
Kevin, London, UK
So Smith, Harperson et al want to 'tackle the demand for prostitution'? If they're making an offer, I think I'll pass.
Or are they setting up a new government department to provide wives for us single men?
Incidentally, I abhor the idea of people trafficking, for sexual purposes or otherwise.
colin, london, england
This proposal demonstrates the lack of leadership Brown has provided. How is a 'customer' going to know the difference between someone who is coerced into prostitution and a person who 'chooses' to be a prostitute? I can see a lot of challenges to such a regulation under the Human Rights Act 1998
chuckles johnson, london, uk
i agree with james in some ways,men such as brown has a responsibility to ensure that women who choose prostitution have a safe and secure environment in which to work free from stigma, a stigma that brown and his feminazis perpetuate
peter, bury, uk
Why do we just have a Minister For Women? Why not one for men as well? After all, sex discrimination is a two way street!
Chrissy, Newmarket, England
I think that to pay for sex is for me a non starter, but you can bet a few MP's get caught in the trap.
they won't like that.
Yachydda, Wrexham, Wales
Law that criminalize all purchase of sexual services including all transactions and all payment is the very best example of law, in which everything possible what is possible to go wrong, is gone wrong.
Swedish law's "success" have been severely criticised in EU and in Sweden too.
Elias, Finland,
i live next door to a brothel in a nice area of London. It is a bit gruesome but i think it is a necessary evil for i can see what kind of guys come in and out of it. it is the only way they can get sex...Brothels should be legalised but sex slaves have to be protected.
maud, london, uk
The problem with the forced sex trade could be solved by the police eliminating it as they are paid to do, and the punter could then have some confidence that he wasn't supporting it, instead of getting the buck passed to him!
Graham Rounce, London, UK
Law that criminalize all purchase of sexual services including all transactions and all payment is the very best example of law, in which everything possible what is possible to go wrong, is gone wrong.
Swedish law's "success" have been severely criticised in EU and in Sweden too.
Elias, Finland,
If you were a punter (Im not myself!), how would you tell if a woman was being co-oerced if there was no pimp evident?
How will this affect any former labour MP's visiting Clapham Common? Will they still be allowed to go with no charges whilst the rest of us would face the beak in the morning?
LEE, Essex, UK
I strongly suspect that the devil will be in the detail, and that the government's proposals will be vigorously debated in both the Commons and the Lords.
However, this appears to be a substantial improvement on the absurdity of trying to impose Sweden's abolitionist legislation in this country.
Dave, Southampton, UK
Given that most pimps are really drug dealers, they will say that they do not 'employ' these women, merely sell drugs to them. difficult to make this law stick when junkies have a strong psychological bond to their 'dealers/pimps'
frank, swindon, uk
Gordon Brown stating that it is 'wrong for men to pay for sex' is the best thing he's said this year. Brown is clearly a man of courage. It's high time we heard less about men's rights and more about men's responsibilities to women.
I can't wait to read the ensuing whine from the infantile johns...
James, London,
Why don't those feminists in the labour party ( Harman, Jaqui Smith,)get real. Sex is expensive and men have to pay one way or another, sometimes it's cheaper to pay. Dating, buying dinner etc is paying for sex as the end result is hopefully the same, will this be outlawed by the Labour Party too?
Rory Wiltshire, Maidenhead, UK