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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Why Angela Merkel's comments about the UK and US shouldn't be given too much weight

The Chancellor's comments are aimed at a domestic and European audience, and she won't be abandoning Anglo-German relationships just yet.

Angela Merkel’s latest remarks do not seem well-judged but should not be given undue significance. Speaking as part of a rally in Munich for her sister party, the CSU, the German Chancellor claimed “we Europeans must really take our own fate into our hands”.

The comments should be read in the context of September's German elections and Merkel’s determination to restrain the fortune of her main political rival, Martin Schulz – obviously a strong Europhile and a committed Trump critic. Sigmar Gabriel - previously seen as a candidate to lead the left-wing SPD - has for some time been pressing for Germany and Europe to have “enough self-confidence” to stand up to Trump. He called for a “self-confident position, not just on behalf of us Germans but all Europeans”. Merkel is in part responding to this pressure.

Her words were well received by her audience. The beer hall crowd erupted into sustained applause. But taking an implicit pop at Donald Trump is hardly likely to be a divisive tactic at such a gathering. Criticising the UK post-Brexit and the US under Trump is the sort of virtue signalling guaranteed to ensure a good clap.

It’s not clear that the comments represent that much of a new departure, as she herself has since claimed. She said something similar earlier this year. In January, after the publication of Donald Trump’s interview with The Times and Bild, she said that “we Europeans have our fate in our own hands”.

At one level what Merkel said is something of a truism: in two year’s time Britain will no longer be directly deciding the fate of the EU. In future no British Prime Minister will attend the European Council, and British MEPs will leave the Parliament at the next round of European elections in 2019. Yet Merkel’s words “we Europeans”, conflate Europe and the EU, something she has previously rejected. Back in July last year, at a joint press conference with Theresa May, she said: “the UK after all remains part of Europe, if not of the Union”.

At the same press conference, Merkel also confirmed that the EU and the UK would need to continue to work together. At that time she even used the first person plural to include Britain, saying “we have certain missions also to fulfil with the rest of the world” – there the ‘we’ meant Britain and the EU, now the 'we' excludes Britain.

Her comments surely also mark a frustration born of difficulties at the G7 summit over climate change, but Britain and Germany agreed at the meeting in Sicily on the Paris Accord. More broadly, the next few months will be crucial for determining the future relationship between Britain and the EU. There will be many difficult negotiations ahead.

Merkel is widely expected to remain the German Chancellor after this autumn’s election. As the single most powerful individual in the EU27, she is the most crucial person in determining future relations between the UK and the EU. Indeed, to some extent, it was her intransigence during Cameron’s ‘renegotiation’ which precipitated Brexit itself. She also needs to watch with care growing irritation across the EU at the (perceived) extent of German influence and control over the institutions and direction of the European project. Recent reports in the Frankfurter Allgemeine Zeitung which suggested a Merkel plan for Jens Weidmann of the Bundesbank to succeed Mario Draghi at the ECB have not gone down well across southern Europe. For those critics, the hands controlling the fate of Europe are Merkel’s.

Brexit remains a crucial challenge for the EU. How the issue is handled will shape the future of the Union. Many across Europe’s capitals are worried that Brussels risks driving Britain further away than Brexit will require; they are worried lest the Channel becomes metaphorically wider and Britain turns its back on the continent. On the UK side, Theresa May has accepted the EU, and particularly Merkel’s, insistence, that there can be no cherry picking, and therefore she has committed to leaving the single market as well as the EU. May has offered a “deep and special” partnership and a comprehensive free trading arrangement. Merkel should welcome Britain’s clarity. She must work with new French President Emmanuel Macron and others to lead the EU towards a new relationship with Britain – a close partnership which protects free trade, security and the other forms of cooperation which benefit all Europeans.

Henry Newman is the director of Open Europe. He tweets @henrynewman.

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