Prostitution Law Reform

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

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Photo of Michelle Thomson Michelle Thomson Scottish National Party

I thank my friend and colleague Ruth Maguire for bringing the debate to the chamber.

“As long as women are seen as a legal commodity to be bought by men, there will be no significant shift in men’s violence against women. The ability fundamentally fosters a sense of male entitlement and ownership that permeates every aspect of our society.”

In addition,

“The United Nations Convention on the Elimination of All Forms of Discrimination against Women is unequivocal. States must address trafficking and prostitution if they are to eliminate discrimination ... against women.”—[Official Report, 29 November 2023; c 53, 52.]

That must be the starting point of our discussion. The words that I have stated are simply a quote from a speech that I made previously in this Parliament.

As we know, the Scottish Parliament opened in 1999. If we look at the record of the Parliament’s first session, we see that the issues of prostitution and the need for legal reforms to protect women and girls and to prevent child prostitution were raised in debates, in committees and in ministerial questioning. It was an area that was pursued with vigour by a number of members from different parties and, not least, the redoubtable Margo MacDonald. Discussions have continued through multiple parliamentary sessions since.

We have heard from Ruth Maguire about those countries that have managed to make a shift to combat demand for prostitution by criminalising paying for sex while decriminalising the victims of sexual exploitation. That means that there is a data bank that we can interrogate, be it data on public attitudes, deterrence or the all-important trafficking, which Rhoda Grant mentioned. However, here we are, 25 years after Sweden acted and 25 years after the re-establishment of the Scottish Parliament, and we are still debating rather than having acted.

I, too, note the excellent report by A Model for Scotland, which recognises that

“the Scottish Government has pledged to adopt a model for Scotland to challenge men’s demand for prostitution and support women to exit sexual exploitation. It has also developed policy principles to underpin Scotland’s framework on prostitution.”

However, I must be frank. Pledges and principles are not enough. We should have acted years before now. Warm words and principles without action quite quickly become virtue signalling.

Violence against women and girls continues. Just recently, data pertaining to 2022-23 was released by the Scottish Government, from which I will give five key points. Nearly 15,000 sexual crimes were recorded by Police Scotland, and at least 37 per cent of those relate to a victim under the age of 18. Nearly 4,000 sexual crimes were cybercrimes, which is a trebling of the figure of around 1,000 that were reported in 2013-14. More than one in six women in Scotland have experienced online violence, and nearly 2,000 online child sex abuse crimes were recorded.

The most recent data from the Scottish crime and justice survey of 2019-20 showed that only 22 per cent of victims and survivors of rape reported it to the police. One in 10 people in Scotland still thinks that women often lie about being raped, and nearly one in three continues to believe that rape results from men being unable to control their need for sex. There is clearly no room for complacency.

I, too, express the view that the Government is currently consulting on niche issues that seem to be given higher priority than the protection of women and girls. Ideologies that are antithetical to the interests of women are given priority.

What I seek from the minister is a clear timeline for taking legislative action. I appreciate the complexity—I think that we all do—but it is being done elsewhere, so why not in Scotland? As Diane Martin, the chair of A Model for Scotland—who has already been mentioned—so eloquently put it in the report’s forward,

“The role of government must be to end male violence against women—not to mitigate or legitimise it.”

Let us make that our north star.