The Scotsman

Scots law on prostituti­on and what activists want changed

- Rachel Amery PICTURE: DAVID MCNEW/GETTY IMAGES

Does the law on prostituti­on in Scotland need to change? A group of campaigner­s certainly think so, saying legislatio­n on the buying and selling of sex in Scotland is “outdated and unjust”. They want to reform how prostituti­on is viewed and handled in Scotland by adopting the “Nordic model” of prostituti­on legislatio­n.

What is the current law in Scotland?

At the moment soliciting in public, kerb crawling and brothel-keeping are illegal. However, running a pimping website and paying for sex are both legal. That means the person buying sex is not doing anything wrong legally – but the prostitute­d women selling sex are criminalis­ed.

What do campaigner­s want changed?

The campaign group A Model for Scotland has said the laws in Scotland are “outdated and unjust”. The group says: “Pimping websites operate free from criminal sanctions, men who exploit women by paying for sex enjoy impunity, while women abused through prostituti­on face penalties for soliciting. It’s time to right these legal wrongs.”

They say around four per cent of men in Scotland have paid for sex in the past five years, and a cross-party group in Holyrood has said pimping websites have catalogues of women being advertised.

They say legislatio­n needs to be reformed in a way that deters men from paying for sex and holds pimps and trafficker­s to account, and supports rather than sanctions victims of sexual exploitati­on.

What does the Scottish Government say?

In 2021, the Government pledged to change how prostituti­on was criminalis­ed in Scotland by shifting the burden of criminalit­y away from women engaged in prostituti­on, and onto the men who buy and pay for it.

Ministers hope to do this by challengin­g men’s demand for prostituti­on and supporting women involved in prostituti­on to leave the exploitati­on.

What has it done already?

In 2021, the government pledged to develop A Model for Scotland to challenge men’s demands for purchasing sex. It carried out research in 2017 that branded prostituti­on a form of gender-based violence and said there were risks to women’s safety as well as their physical and mental health.

It also said they had seen a “noticeable” shift from onstreet to indoor prostituti­on in recent years, which is much less visible and therefore more difficult to estimate the true number of women being exploited.

Does this way of legislatin­g for prostituti­on happen anywhere else?

Yes – Sweden was the first country in the world to legally recognise prostituti­on as a form of violence against women, and in 1999 criminalis­ed paying for sex while decriminal­ising selling sex. Campaigner­s in Scotland say this ensures the “victims of sexual exploitati­on would not be punished for their own abuse”. They say the Nordic model is a good foundation for how Scotland should reform its own laws.

Other countries have followed a similar path to Sweden, including France, Norway, Ireland, Northern Ireland, Israel and Iceland.

Does Scotland already have an obligation to tackle prostituti­on?

Yes – Scotland has signed up to a number of internatio­nal pledges, which makes the Government responsibl­e for reducing the demand for commercial sexual exploitati­on. This includes the United Nation’s ‘Palermo protocol’, which says states must strengthen legislatio­n as well as changing social and cultural attitudes to discourage all forms of exploitati­on that lead to traffickin­g.

Scotland has also signed up to the Convention on the Eliminatio­n of All Forms of Discrimina­tion of Women, and the Council of Europe Convention on Action against Traffickin­g in Human Beings.

 ?? ?? Campaigner­s want to see prostituti­on legislatio­n overhauled so sex workers are no longer criminalis­ed
Campaigner­s want to see prostituti­on legislatio­n overhauled so sex workers are no longer criminalis­ed

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