Why prostitutes are living in a "climate of fear"

Police crackdowns on brothel-keeping mean that sex workers are unwilling to report intimidation and

The trial of Sheila Farmer, an escort with a malignant brain tumor and diabetes charged with brothel-keeping, collapsed on 4 January after the prosecution failed to bring a witness to testify against her.

Farmer, who worked with friends for safety after she was violently raped working alone, is one of hundreds of sex workers who have been arrested since April 2010, when the revised Policing and Crime Act 2009 legislation increased police powers to raid suspected brothels and tightened the law on soliciting clients for the purposes of prostitution.

Statistics surrounding sex work prosecutions are slippery but it seems that since April 2010, the CPS has brought 967 prosecutions for soliciting and 261 prosecutions for brothel-keeping. While the Home Office statistics cannot provide a breakdown of the number of sex workers charged with the brothel-keeping offence, the anecdotal evidence from campaign groups, workers themselves, and a trawl-through local newspaper reports since April 2010 suggests that sex worker arrests in general, and prosecutions specifically for brothel-keeping, have significantly risen.

In July 2011, the Guardian reported that the number of prosecutions for sex trafficking stood at around 100 a year, resulting in a paltry 40 convictions since the PCA 2009 came into force. A law designed to prosecute those guilty of sexual exploitation and to decriminalise those who sell sex is achieving the opposite.

Being arrested for soliciting is obviously detrimental to sex workers. Once charged, not complying with rehabilitation requirements (attending meetings in which workers agree to stop soliciting) can mean prison. But the brothel-keeping offence is just as, if not more, nefarious, because it forces sex workers to operate alone or face arrest. It therefore increases their vulnerability if they do choose to work indoors, and makes street work a seemingly viable alternative, which directly contradicts the CPS's public interest statement on sex work which is "to keep prostitutes off the street".

As in Sheila Farmer's case, the individual whose name is on the tenancy agreement becomes liable for the exploitation of anyone else who sells services on those premises. Put simply, there is no such thing as legal co-working.

What's more, arresting for brothel-keeping has never been easier nor more lucrative. In recent years, police have had a vested interest in raiding brothels because of the potential assets they can seize under the Proceeds of Crime Act 2002. Since Clause 21 of the PCA 2009 was introduced, police only need suspect, rather than prove, that a brothel employs trafficked or 'coerced' workers in order to issue a brothel closure order, before seizing whatever money or goods they find, keeping 50 per cent for the force itself. Data for the number of closure orders is not centrally collected and remains conveniently unavailable.

This is the reason that many are asking whether the police's pursuit of profit is compromising sex worker safety. In London in particular, a crackdown on prostitution prior to the Olympics is creating what the International Union of Sex Workers' Catherine Stephens describes as "a climate of fear".

She told me of how women running a brothel in a private rented property were accosted by 10-man gang: "They broke into the premises one night when two of [the women] were working. One of the girls thought some of them were armed. When they went to report the incident at the police station, the desk sergeant said, 'You do realise you're at risk of eviction if you carry on telling me what you are telling me?' He was more interested in nicking a couple of discreet sex workers for brothel-keeping than arresting a violent, armed gang."

For every story like this, there are a dozen more. Up and down the country, incidences of violence and intimidation against sex workers now go unreported to the police. Better to risk a punch in the face than a prison sentence.

The CPS guidelines on brothel-keeping stress that it is the amount of money made which should influence whether a prosecution is pursued. Neither co-working for safety, nor any notion of choice, non-coercion or freedom of employment matters when it comes to criminalising those who sell sex.

Isn't it time for the policing and criminal justice system to recognise, rather than penalise, the potential vulnerability of those in the industry, whatever the circumstances of their organisation? Let's hope that Shelia Farmer's acquittal marks the start of that duty of care.

Nichi Hodgson is a 28-year-old freelance journalist specialising in sexual politics, law and culture.

Nichi Hodgson is a writer and broadcaster specialising in sexual politics, censorship, and  human rights. Her first book, Bound To You, published by Hodder & Stoughton, is out now. She tweets @NichiHodgson.

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Commons Confidential: Dave's picnic with Dacre

Revenge is a dish best served cold from a wicker hamper.

Sulking David Cameron can’t forgive the Daily Mail editor, Paul Dacre, for his role in his downfall. The unrelenting hostility of the self-appointed voice of Middle England to the Remain cause felt pivotal to the defeat. So, what a glorious coincidence it was that they found themselves picnicking a couple of motors apart before England beat Scotland at Twickenham. My snout recalled Cameron studiously peering in the opposite direction. On Dacre’s face was the smile of an assassin. Revenge is a dish best served cold from a wicker hamper.

The good news is that since Jeremy Corbyn let Theresa May off the Budget hook at Prime Minister’s Questions, most of his MPs no longer hate him. The bad news is that many now openly express their pity. It is whispered that Corbyn’s office made it clear that he didn’t wish to sit next to Tony Blair at the unveiling of the Iraq and Afghanistan war memorial in London. His desire for distance was probably reciprocated, as Comrade Corbyn wanted Brigadier Blair to be charged with war crimes. Fighting old battles is easier than beating the Tories.

Brexit is a ticket to travel. The Independent Parliamentary Standards Authority is lifting its three-trip cap on funded journeys to Europe for MPs. The idea of paying for as many cross-Channel visits as a politician can enjoy reminds me of Denis MacShane. Under the old limits, he ended up in the clink for fiddling accounts to fund his Continental missionary work. If the new rule was applied retrospectively, perhaps the former Labour minister should be entitled to get his seat back and compensation?

The word in Ukip is that Paul Nuttall, OBE VC KG – the ridiculed former Premier League professional footballer and England 1966 World Cup winner – has cold feet after his Stoke mauling about standing in a by-election in Leigh (assuming that Andy Burnham is elected mayor of Greater Manchester in May). The electorate already knows his Walter Mitty act too well.

A senior Labour MP, who demanded anonymity, revealed that she had received a letter after Leicester’s Keith Vaz paid men to entertain him. Vaz had posed as Jim the washing machine man. Why, asked the complainant, wasn’t this second job listed in the register of members’ interests? She’s avoiding writing a reply.

Years ago, this column unearthed and ridiculed the early journalism of George Osborne, who must be the least qualified newspaper editor in history. The cabinet lackey Ben “Selwyn” Gummer’s feeble intervention in the Osborne debate has put him on our radar. We are now watching him and will be reporting back. My snouts are already unearthing interesting information.

Kevin Maguire is the associate editor (politics) of the Daily Mirror

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution