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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UnHerd's rejection of the new isn't as groundbreaking as it seems to think

Tim Montgomerie's new venture has some promise, but it's trying to solve an old problem.

Information overload is oft-cited as one of the main drawbacks of the modern age. There is simply too much to take in, especially when it comes to news. Hourly radio bulletins, rolling news channels and the constant stream of updates available from the internet – there is just more than any one person can consume. 

Luckily Tim Montgomerie, the founder of ConservativeHome and former Times comment editor, is here to help. Montgomerie is launching UnHerd, a new media venture that promises to pull back and focus on "the important things rather than the latest things". 

According to Montgomerie the site has a "package of investment", at least some of which comes from Paul Marshall. He is co-founder of one of Europe's largest hedge funds, Marshall Wace, formerly a longstanding Lib Dem, and also one of the main backers and chair of Ark Schools, an academy chain. The money behind the project is on display in UnHerd's swish (if slightly overwhelming) site, Google ads promoting the homepage, and article commissions worth up to $5,000. The selection of articles at launch includes an entertaining piece by Lionel Shriver on being a "news-aholic", though currently most of the bylines belong to Montgomerie himself. 

Guidelines for contributors, also meant to reflect the site's "values", contain some sensible advice. This includes breaking down ideas into bullet points, thinking about who is likely to read and promote articles, and footnoting facts. 

The guidelines also suggest focusing on what people will "still want to read in six, 12 or 24 months" and that will "be of interest to someone in Cincinnati or Perth as well as Vancouver or St Petersburg and Cape Town and Edinburgh" – though it's not quite clear how one of Montgomerie's early contributions, a defence of George Osborne's editorship of the Evening Standard, quite fits that global criteria. I'm sure it has nothing to do with the full page comment piece Montgomerie got in Osborne's paper to bemoan the deficiencies of modern media on the day UnHerd launched. 

UnHerd's mascot  – a cow – has also created some confusion, compounded by another line in the writing tips describing it as "a cow, who like our target readers, tends to avoid herds and behave in unmissable ways as a result". At least Montgomerie only picked the second-most famous poster animal for herding behaviour. It could have been a sheep. In any case, the line has since disappeared from the post – suggesting the zoological inadequacy of the metaphor may have been recognised. 

There is one way in which UnHerd perfectly embodies its stated aim of avoiding the new – the idea that we need to address the frenetic nature of modern news has been around for years.

"Slow news" – a more considered approach to what's going on in the world that takes in the bigger picture – has been talked about since at least the beginning of this decade.

In fact, it's been around so long that it has become positively mainstream. That pusher of rolling coverage the BBC has been talking about using slow news to counteract fake news, and Montgomerie's old employers, the Times decided last year to move to publishing digital editions at set points during the day, rather than constantly updating as stories break. Even the Guardian – which has most enthusiastically embraced the crack-cocaine of rolling web coverage, the live blog – also publishes regular long reads taking a deep dive into a weighty subject. 

UnHerd may well find an audience particularly attuned to its approach and values. It intends to introduce paid services – an especially good idea given the perverse incentives to chase traffic that come with relying on digital advertising. The ethos it is pitching may well help persuade people to pay, and I don't doubt Montgomerie will be able to find good writers who will deal with big ideas in interesting ways. 

But the idea UnHerd is offering a groundbreaking solution to information overload is faintly ludicrous. There are plenty of ways for people to disengage from the news cycle – and plenty of sources of information and good writing that allow people to do it while staying informed. It's just that given so many opportunities to stay up to date with what has just happened, few people decide they would rather not know.