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.

Drew Angerer/Getty Images
Show Hide image

Donald Trump wants to terminate the Environmental Protection Agency - can he?

"Epa, Epa, Eeeepaaaaa" – Grampa Simpson.

 

There have been countless jokes about US President Donald Trump’s aversion to academic work, with many comparing him to an infant. The Daily Show created a browser extension aptly named “Make Trump Tweets Eight Again” that converts the font of Potus’ tweets to crayon scrawlings. Indeed, it is absurd that – even without the childish font – one particular bill that was introduced within the first month of Trump taking office looked just as puerile. Proposed by Matt Gaetz, a Republican who had been in Congress for barely a month, “H.R. 861” was only one sentence long:

“The Environmental Protection Agency shall terminate on December 31, 2018”.

If this seems like a stunt, that is because Gaetz is unlikely to actually achieve his stated aim. Drafting such a short bill without any co-sponsors – and leaving it to a novice Congressman to present – is hardly the best strategy to ensure a bill will pass. 

Still, Republicans' distrust for environmental protections is well-known - long-running cartoon show The Simpsons even did a send up of the Epa where the agency had its own private army. So what else makes H.R. 861 implausible?

Well, the 10-word-long statement neglects to address the fact that many federal environmental laws assume the existence of or defer to the Epa. In the event that the Epa was abolished, all of these laws – from the 1946 Atomic Energy Act to the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act – would need to be amended. Preferably, a way of doing this would be included in the bill itself.

Additionally, for the bill to be accepted in the Senate there would have to be eight Democratic senators who agreed with its premise. This is an awkward demand when not even all Republicans back Trump. The man Trum appointed to the helm of the Epa, Scott Pruitt, is particularly divisive because of his long opposition to the agency. Republican Senator Susan Collins of Maine said that she was hostile to the appointment of a man who was “so manifestly opposed to the mission of the agency” that he had sued the Epa 14 times. Polls from 2016 and 2017 suggests that most Americans would be also be opposed to the agency’s termination.

But if Trump is incapable of entirely eliminating the Epa, he has other ways of rendering it futile. In January, Potus banned the Epa and National Park Services from “providing updates on social media or to reporters”, and this Friday, Trump plans to “switch off” the government’s largest citizen-linked data site – the Epa’s Open Data Web Service. This is vital not just for storing and displaying information on climate change, but also as an accessible way of civilians viewing details of local environmental changes – such as chemical spills. Given the administration’s recent announcement of his intention to repeal existing safeguards, such as those to stabilise the climate and protect the environment, defunding this public data tool is possibly an attempt to decrease awareness of Trump’s forthcoming actions.

There was also a recent update to the webpage of the Epa's Office of Science and Technology, which saw all references to “science-based” work removed, in favour of an emphasis on “national economically and technologically achievable standards”. 

Trump’s reshuffle of the Epa's priorities puts the onus on economic activity at the expense of public health and environmental safety. Pruitt, who is also eager to #MakeAmericaGreatAgain, spoke in an interview of his desire to “exit” the 2015 Paris Climate Agreement. He was led to this conclusion because of his belief that the agreement means “contracting our economy to serve and really satisfy Europe, and China, and India”.

 

Rather than outright closure of the Epa, its influence and funding are being leached away. H.R. 861 might be a subtle version of one of Potus’ Twitter taunts – empty and outrageous – but it is by no means the only way to drastically alter the Epa’s landscape. With Pruitt as Epa Administrator, the organisation may become a caricature of itself – as in The Simpsons Movie. Let us hope that the #resistance movements started by “Rogue” Epa and National Parks social media accounts are able to stave off the vultures until there is “Hope” once more.

 

Anjuli R. K. Shere is a 2016/17 Wellcome Scholar and science intern at the New Statesman

0800 7318496