Schedule 18: Summary Offences Act 1988
Overall Concerns
The proposed removal of Part 3 - Prostitution from the Summary Offences Act 1988 raises significant concerns about weakening legal protections that currently safeguard vulnerable populations, particularly women and young girls, against exploitation in the prostitution industry. The proposed amendments, along with remarks by Alex Greenwich, create a misconception that regulating prostitution is punitive rather than protective.
Removal of Specific Legal Safeguards (Current Sections 15, 16, 17)
Proposed Changes: The amendment seeks to eliminate sections such as Section 15, which criminalizes living on the earnings of prostitution, and Section 17, which prevents premises from being used for prostitution.
Concerns: These provisions are crucial for combating exploitation and trafficking. Removing them could lead to an unregulated market where exploiters operate with impunity, as seen in countries where deregulation led to the proliferation of large-scale prostitution rings under the guise of legitimate businesses.
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Example from Germany: Legalizing prostitution in 2002 led to the expansion of "mega-brothels" and increased organized crime involvement. In cities like Berlin and Frankfurt, large brothels operate almost like normal businesses but have been criticized for exacerbating trafficking and exploitation.
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Example from the Netherlands: Despite its liberal stance on prostitution, the Netherlands has seen increased human trafficking and organized crime in Amsterdam's Red Light District. The Dutch government struggles to ensure that all sex work is consensual, leading to ongoing debates about their framework's effectiveness.
These examples highlight the complexity of dealing with prostitution through decriminalization or legalization without robust regulatory and enforcement mechanisms to prevent exploitation and abuse. They demonstrate the risk of facilitating exploitation opportunities for organized crime, countering the objectives of protection and safety that decriminalization aims to achieve.
Impact on Women’s Safeguarding (Current Sections 16 and 19)
Concerns: Decriminalizing solicitation, as currently regulated under Section 19, removes critical barriers protecting public and individual welfare. It could increase the visibility of prostitution activities in family-centered communities, exposing young children to prostitution near schools, public places, and hospitals.
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Example from New Zealand: Decriminalization of prostitution has led to public solicitation activities that disrupt community activities and create public safety issues in urban areas.
Pimping and Exploitation Risks (Current Section 15)
Concerns: By criminalizing the financial exploitation of another person’s prostitution, Section 15 acts as a deterrent against pimping. Without such provisions, exploiters can operate without legal repercussions, increasing the risk of systemic abuse and trafficking of women and girls.
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Example from Germany: Relaxed laws have allowed exploitation to flourish under legally ambiguous conditions.
Potential for Increased Human Trafficking
Concerns: Removing structured regulations around prostitution could make the state more attractive to human traffickers, increasing both local and international trafficking activities. This scenario replicates what happened in the Netherlands, where deregulation led to an increase in trafficking as criminal elements exploited reduced legal scrutiny.
The Nordic Model: A Superior Alternative
Proposal: The Nordic Model, implemented in countries like Sweden and Norway, targets the demand for prostitution by criminalizing the purchase of sex. This model protects sex workers from exploitation and reduces prostitution and trafficking, contrary to removing penalties for buyers of sex.
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Example from Norway: Implementing the Nordic Model significantly decreased demand for prostitution, reducing sex trafficking and improving public safety and community standards.
Conclusion
Removing Part 3 from the Summary Offences Act 1988 poses significant risks to the safety, dignity, and rights of vulnerable individuals, particularly women and girls, by fostering an environment conducive to exploitation and trafficking. This amendment erodes current legal protections, exposing individuals and communities to increased risks associated with an unregulated prostitution industry. Adopting the Nordic Model is recommended as a proven, more effective approach to addressing the complexities and dangers associated with the prostitution industry, prioritizing the protection of those most at risk of exploitation.
Recommendations:
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Retain sections that criminalise bad agents who exploit prostitution. Retain sections that protect public and individual welfare against the risks associated with an unregulated prostitution industry.
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Consider models that focus on reducing demand for prostitution rather than decriminalising aspects that could lead to increased exploitation.
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Withdraw the proposed amendments
[1] Reports by German Federal Police and media investigations
[2] Dutch National Rapporteur on Trafficking in Human Beings
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