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Church of England comments on prostitution

13 January 2005

ends

PAYING THE PRICE

 

Response to the Home Office Consultation on Prostitution

by the Mission & Public Affairs Council of the Church of England

 

The Mission & Public Affairs Council of the Church of England is the body responsible for overseeing research and comment on social and political issues on behalf of the Church.  The Council comprises a representative group of bishops, clergy and lay people with interest and expertise in the relevant areas, and reports  to the General Synod through the Archbishops’ Council.

 

 

Introduction

 

1.         We welcome the opportunity to respond to this consultation as part of the development of a coherent strategy to deal with prostitution and its consequences.  In preparing this submission we have been assisted by a round table discussion with organisations working in the field hosted by the Department for Christian Responsibility & Citizenship of the Catholic Bishops’ Conference of England and Wales.  

 

2.            Increasingly it has been recognised that existing legislation and policies of enforcement have tended to criminalise individuals engaged in prostitution while failing both to help them disengage from the activity and to deal effectively with the networks which exploit them.  The roots of prostitution in poverty and social exclusion and the links of the sex trade with drug abuse and criminal activity have become ever more apparent. In particular, the need for action to deal with international sex trafficking has been highlighted.  We are encouraged by the breadth of issues raised in the consultation paper. 

 

Major Principles

 

3.            Christians have always been opposed to prostitution as a practice which de-personalises and commercialises sexual activity, and to pimping because it generates relationships of dependence and intimidation which exploit and oppress vulnerable women, young people and children.  At the same time they have tended to be sympathetic to prostitutes as people caught up in isolating and sometimes dangerous situations not always of their own making.  The Gospel traditions of Jesus’ compassion for prostitutes and his restoration of their dignity are clearly an important influence here, as is practical awareness of the personal and financial pressures which drive people into prostitution. 

4.         These considerations have often motivated pastoral work with prostitutes as individuals.  While much good has been done, there has sometimes been an unhelpfully patronising and moralising tone as a result of taking insufficient account of the wider social and economic context of prostitution and the responsibility of others (particularly clients and pimps) for what happens.  We agree with the general thesis of the consultation paper that those involved in prostitution primarily need help and support. Condemnation and criminalisation tend merely to victimise many who are already victims and to reinforce their oppression.  However, we resist the conclusion that the exchange of sexual services for money should be treated as a socially acceptable activity, even when freely undertaken.

5.         We note the evaluative significance of the language used to describe activities and people.  Traditional terms such as ‘prostitute’ and the historical legal designation ‘common prostitute’ carry strong derogatory and stigmatising overtones.  In recognition of the fact that for some women to engage in prostitution is a personal and economic choice, the usage of ‘sex workers’ and the ‘sex industry’ has been adopted.  No-one should be made to accept demeaning self-descriptions. Neverthless the attempted neutrality of these contemporary terms risks normalising a sphere of activity which we cannot regard as normal. It also obscures the reality of abuse and suffering for those who take part in it under varying degrees of constraint.  We agree with para. 1.4 of the consultation paper that to speak of ‘people involved in prostitution’ is perhaps the least problematic course.

6.         There is a fundamental disagreement underlying the whole discussion about the rightness of criminalising the activities associated with prostitution (the activity itself is not illegal, except in respect of children).  Society’s moral objections to the practice, combined with recognition of various kinds of harm caused by it, have tended, understandably, to result in strategies of prohibition and containment.  By contrast, groups such as the English Collective of Prostitutes, supported by many who work with those engaged in prostitution, have argued that criminalisation itself is a major cause of harm. They argue that it ignores the economic factors which drive people into prostitution, makes it more difficult to offer them genuine support and protection, and scapegoats the relatively powerless at the expense of those who profit from the trade and often abuse their workers.

              

7.         The practical implication of this latter understanding is that the provision of sexual services should be treated like any other market activity, by decriminalisation and regulation for the protection of those engaged in it.  We do not accept this conclusion, for reasons both of principle and practice.  Sexual activity is understood by Christians to be a means of expressing love and intimacy in the context of an enduring relationship: it ought not to be treated as a commodity.  In any event, the ideal of a safe, crime-free sex industry operating for the public good, even assuming that it were desirable (which we would contest), is not likely to be achieved.

8.            Nevertheless, we agree that the voices of those involved in prostitution must be heard if policy is to be grounded in reality and genuinely attentive to their needs and interests.  The evidence is clear that poverty, deprivation, abuse and violence play a huge role in driving young people and women (especially single mothers) into the trade.  Public policy must not victimise individuals in order to deal with the symptoms of prostitution while failing to tackle the causes and conditions.  There is also a need to scrutinise the application of the criminal law to discover how far it genuinely serves policy objectives and how far it generates unjust or perverse consequences.

           

9.         A further complication in policy-making lies in lack of knowledge of what is going on.  Because of the covert nature of prostitution, official estimates of numbers and characteristics, of prostitutes, users and organisers alike are uncertain and reflect the ways in which their activities come to public notice.  The estimate of  80,000 engaged in prostitution in the UK is thought by some to be too low, while figures for drug abuse in on-street situations reflect the pattern of those who come to the attention of statutory or voluntary agencies.

10.       We endorse the three priorities highlighted in the consultation paper: prevention, protection and support, and justice.  It is clearly vital to combat the processes which draw vulnerable people into prostitution; to offer help and advice to those who seek an ‘exit strategy’ from it; and to give relief to individuals, families and communities by effective action against users and organisers.  However, consideration should be given also to the safety and welfare of those who choose not to leave; the law must be an instrument of protection and justice for those in need and not merely of control and convenience for society at large.

Prevention

 

11.       The factors which contribute to becoming involved in prostitution are diverse.  Evidence suggests that they include family breakdown, educational failure and truancy, sexual abuse, domestic violence, homelessness, drug and alcohol abuse.  Though patterns of causality are not straightforward, it seems likely that success in tackling these social problems will help to divert people from prostitution.  It is also clear that poverty and debt play a major part, and that the labour market and social security system often work badly in meeting the financial needs which can trigger prostitution as a ‘survival strategy’.  Against this background the use of criminal law as a disincentive may drive problems underground and put vulnerable people at greater risk.

12.       On the other hand some influences are amenable to, and indeed require, the operation of the law.  Many children and young people become involved in prostitution through pressure from family members, friends or pimps with whom they come into contact.  It is right that such pressure should be penalised and discouraged.  It  is also desirable that families seeking to protect their children from exploitation should be supported.

13.       The other major aspect of prevention is action against international trafficking.  Like domestically-generated prostitution, it requires attention to both the demand and the supply sides of the sex trade.  It appears that trafficking relates primarily to off-street activities, and combating it requires urgent investment in staffing and intelligence.     

Protection and Support

 

14.       Men, women and young people involved in prostitution are subject to a number of hazards, foremost among them the threat of violence either from users or pimps (some of whom are boyfriends with a drug habit rather than the classic ‘commercial’ pimp).  The criminal nature of their activities inhibits the reporting of rape and violence, and their need for protection is not always taken seriously by the authorities.  It is vital that the law should be enforced firmly and equitably to hold to account those who commit violence against people involved in prostitution.  Any implication that the lives and welfare of such victims are of lesser importance on account of their activity as prostitutes is to be deplored.  A valuable service, combining care and law enforcement, is provided by Sexual Assault Referral Centres.

           

15.            Another obvious area of need, given the prevalence of HIV/AIDS, other STIs and drug and alcohol abuse, is health care.  Here again the criminal status of prostitution stands in tension with the incentive to make use of services.  However, outreach projects are able to build trust and encourage access to health care, and drop-in facilities can continue the process.

16.       It is to be welcomed that the consultation paper looks in detail at effective exit strategies.  The conditions for success include the provision of safe housing,  drug treatment and counselling, with special facilities for single mothers and their children.  A number of organisations, including church-based groups,  are doing excellent work through trained staff, but face constant funding anxieties.  A measure of our society’s determination to reduce prostitution will be willingness to provide resources in both the statutory and the voluntary sectors for these supportive ventures.         

17.            Protection and support for the victims of trafficking raise particular problems: here the shadow of both immigration and prostitution laws can give priority to deportation or punishment rather than care.  As highlighted by CHASTE (Churches Alert to Sex Trafficking Across Europe), support and exit strategies must include attention to language issues, provision of support networks and investigation of options for long-term safety, in the UK or elsewhere

Justice

 

18.       We have acknowledged the practical problems created by the criminalisation of activities associated with prostitution, but we do not believe that the solution lies either in wholesale decriminalisation or licensing of the sex trade. What is needed is careful attention to the effects of certain ways of using the criminal law against prostitutes.  It is regrettable that the abolition of the offences of loitering and soliciting has been followed by the use of ASBOs which threaten criminal sanctions for the breach of civil orders.  It is also in our view an unwise extension of the original meaning of the term for convicted prostitutes to be classified as ‘sex offenders’ - with detrimental consequences for their future employment and rehabilitation - if they pose no threat to other people.

19.       The targeting of the users of prostitution attracts widespread support because it seems to offer a less morally ambiguous means of bringing pressure to bear upon the trade.  The consultation paper mentions with approval the ‘Swedish model’ which switches criminalisation from the prostitute to the ‘punter’. However it should be noted that prostitution in Sweden is not associated with drug abuse to the same extent as in the UK, and there are indications from prostitutes’ organisation in Sweden that the new law has made them feel less safe and more victimised.  It should not be assumed that this measure is a panacea.

20.            Another possibility, labelled the ‘Dutch model’, is the creation of managed zones in which prostitution (but not drug use) would be allowed, and police would be required to patrol to ensure safety.  There are a number of practical problems with this policy: the selection of areas in the first place given the negative impact on the local environment; problems in enforcing abstention from drugs; and overcrowding.  Experience suggests that it may succeed  in securing some improvement in traditional ‘red light’ areas, but it is not an option which we would  favour .

21.       A number of countries attempt to remedy the problems of criminalisation and the dangers of on-street prostitution by permitting and licensing off-street premises.  This offers the potential advantages of regulating health and safety matters, allowing women to work together for their own protection, and reducing the risk of organised crime taking hold in association with prostitution.  However, experience in Australia and elsewhere suggests that success is likely to be partial.  Those who cannot comply with the requirements of licensing will work outside the law and on the streets, and criminal ownership is not easily eliminated.  Similar problems have been encountered with schemes to register individuals to work in prostitution (British experience of this system in the nineteenth century was particularly unhappy).

Conclusion

 

22.       We are not convinced of the moral or practical viability of any of the above proposals for decriminalisation or regulation of prostitution.  However, we recognise that major problems and incoherences remain in the operation of our present system, with heavy costs borne by individuals, families and communities alike.  We suggest that the search for good and effective practice should continue through local experiments with different patterns of enforcement, in consultation and co-operation with interested parties. The long-term aim should be  to move from the current  piecemeal situation to a more consistent and properly-resourced strategy.  Although the eventual shape of that strategy is still unclear, the present consultation is an important step towards it.

 

 

The Rt Revd Tom Butler

Bishop of Southwark

Vice-Chair: Public Affairs

Mission & Public Affairs Council

Church House

Great Smith Street

LONDON

SW1P 3NZ

 

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