Prostitution Law Reform

Part of the debate – in the Scottish Parliament at on 18 January 2024.

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Photo of Ruth Maguire Ruth Maguire Scottish National Party

If we are t o truly realise our shared ambition of eradicating male violence against women and girls, Scotland needs to have a progressive legal model to tackle prostitution—a model that shifts the burden of criminality off victims of sexual exploitation and on to the people who perpetrate and profit from such abuse.

To prevent sexual exploitation and deliver justice to victims, the Scottish Government must decriminalise victims of sexual exploitation by repealing section 46 of the Civic Government (Scotland) Act 1982; wipe previous convictions; outlaw online pimping; criminalise paying for sex; and provide comprehensive, resourced support and exiting services for victims of sexual exploitation.

In order to do that effectively, it will be important to learn from international examples. I thank members from across the chamber for signing my motion and helping me to secure the debate. I am particularly grateful to the members who will participate in the debate, including the Minister for Victims and Community Safety, who I know to be fully and passionately committed to women’s equality and ensuring that Scotland is safer for all.

I echo the thoughts of Diane Martin CBE, the chair of A Model for Scotland, who said that she hopes that the organisation’s “International Insights” report

“gives confidence to Scottish law makers that the international evidence base is there, and the time for change in Scotland is now.”

A Model for Scotland is an alliance of survivors, organisations and front-line services that is calling for the progressive model that I outlined. I should declare an interest as a member of the steering group of that organisation.

The prostitution trade is transnational, and different countries face common challenges in tackling commercial sexual exploitation. A Model for Scotland’s “International Insights” report provides helpful international evidence and offers key learning from Sweden, Ireland, France, Iceland and the United States.

In 1999, Sweden became the first country to combat demand for prostitution by criminalising paying for sex while decriminalising victims of sexual exploitation. Evidence shows that the proportion of men paying for sex has dropped, that public attitudes have changed and that the law acts as a deterrent to sex trafficking.

Key learning from Sweden includes how essential it is that training be provided for law enforcement agencies to ensure effective enforcement, and that the development of a nationwide network of support and exiting services is crucial.

In 2017, Ireland criminalised paying for sex and decriminalised selling sex. Early observations reveal a shift in the burden of criminality from the victims to the exploiters. Women involved in prostitution report feeling more able to disclose violence against them to the police, and there is a high level of public understanding that prostitution is a form of sexual exploitation.

In Ireland, partnership working was crucial to the adoption and implementation of the relevant laws, and the provision of support and exiting services for victims has been a vital component of the law reform process.

In 2016, France decriminalised soliciting for prostitution, criminalised paying for sex and established comprehensive support provisions for victims of sexual exploitation. The same legislation established a national policy on prevention, education and training to prevent sexual exploitation. The law resulted in an immediate change in law enforcement activity, with a shift from a focus on penalising victims of sexual exploitation to holding sex buyers to account. Exiting prostitution programmes have proved successful, and there is a high level of public support for France’s new abolitionist laws to combat prostitution. In France, strong political leadership was pivotal to securing legal reform.

Iceland criminalised paying for sex in 2009; selling sex had been decriminalised in 2007. In response to that legislation, the focus of policing shifted towards targeting and holding accountable those who create demand for prostitution. There is strong support among the general public for Iceland’s prostitution laws. A key learning point from Iceland was that the prostitution trade should be tackled as part of broader efforts to combat commercial sexual exploitation in its entirety.

In 2017, the United States made it a criminal offence for pimping websites that advertise individuals for prostitution to operate. That new legislation established criminal and civil liability for websites that promote and facilitate prostitution, and it led to a significant shrinkage of the sexual exploitation marketplace. Within 48 hours of the law being passed, major websites stopped hosting prostitution adverts. A year after the legislation was passed, the sexual exploitation advertising market remained significantly disrupted, with a reduction in demand and the failure of any pimping websites to recapture the market dominance of the biggest pimping websites that had previously operated. The key learning from the US is that actions against such websites are crucial in reducing demand and deterring sex trafficking.

I know how proud my Government is of taking a human rights-based approach to policy making and legislation, and I welcome the fact that a Scottish human rights bill is coming soon. Scotland has multiple international obligations to discourage demand for sexual exploitation, including under the Palermo protocol, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the Council of Europe Convention on Action Against Trafficking in Human Beings.

When I spoke about France, I talked about the political leadership that was required to make the changes. I will give the last words to France’s former minister for women’s rights, Najat Vallaud-Belkacem, who said:

“It is not only a question of fighting against violence, the specific oppression represented by prostitution, but it’s also about teaching the principle that a woman’s body is not for sale, that it is not an object, that a woman is not a commodity.”