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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Let's seize our chance of a progressive alliance in Richmond - or we'll all be losers

Labour MPs have been brave to talk about standing aside. 

Earlier this week something quite remarkable happened. Three Labour MPs, from across the party’s political spectrum, came together to urge their party to consider not fielding a candidate in the Richmond Park by-election. In the face of a powerful central party machine, it was extremely brave of them to do what was, until very recently, almost unthinkable: suggest that people vote for a party that wasn’t their own.
Just after the piece from Lisa Nandy, Clive Lewis and Jonathan Reynolds was published, I headed down to the Richmond Park constituency to meet local Green members. It felt like a big moment – an opportunity to be part of something truly ground-breaking – and we had a healthy discussion about the options on the table. Rightly, the decision about whether to stand in elections is always down to local parties, and ultimately the sense from the local members present was that it would be difficult  not to field a candidate unless Labour did the same. Sadly, even as we spoke, the Labour party hierarchy was busily pouring cold water on the idea of working together to beat the Conservatives. The old politics dies hard - and it will not die unless and until all parties are prepared to balance local priorities with the bigger picture.
A pact of any kind would not simply be about some parties standing down or aside. It would be about us all, collectively, standing together and stepping forward in a united bid to be better than what is currently on offer. And it would be a chance to show that building trust now, not just banking it for the future, can cement a better deal for local residents. There could be reciprocal commitments for local elections, for example, creating further opportunities for progressive voices to come to the fore.
While we’ve been debating the merits of this progressive pact in public, the Conservatives and Ukip have, quietly, formed an alliance of their own around Zac Goldsmith. In this regressive alliance, the right is rallying around a candidate who voted to pull Britain out of Europe against the wishes of his constituency, a man who shocked many by running a divisive and nasty campaign to be mayor of London. There’s a sad irony in the fact it’s the voices of division that are proving so effective at advancing their shared goals, while proponents of co-operation cannot get off the starting line.
Leadership is as much about listening as anything else. What I heard on Wednesday was a local party that is passionate about talking to people and sharing what the Greens have to offer. They are proud members of our party for a reason – because they know we stand for something unique, and they have high hopes of winning local elections in the area.  No doubt the leaders of the other progressive parties are hearing the same.
Forming a progressive alliance would be the start of something big. At the core of any such agreement must be a commitment to electoral reform - and breaking open politics for good. No longer could parties choose to listen only to a handful of swing voters in key constituencies, to the exclusion of everyone else. Not many people enjoy talking about the voting system – for most, it’s boring – but as people increasingly clamour for more power in their hands, this could really have been a moment to seize.
Time is running out to select a genuine "unity" candidate through an open primary process. I admit that the most likely alternative - uniting behind a Liberal Democrat candidate in Richmond Park - doesn’t sit easily with me, especially after their role in the vindictive Coalition government.  But politics is about making difficult choices at the right moment, and this is one I wanted to actively explore, because the situation we’re in is just so dire. There is a difference between the Conservatives and the Lib Dems. Failing to realise that plays into the hands of Theresa May more than anyone else.
And, to be frank, I'm deeply worried. Just look at one very specific, very local issue and you’ll perhaps understand where I'm coming from. It’s the state of the NHS in Brighton and Hove – it’s a system that’s been so cut up by marketisation and so woefully underfunded that it’s at breaking point. Our hospital is in special measures, six GP surgeries have shut down and private firms have been operating ambulances without a license. Just imagine what that health service will look like in ten years, with a Conservative party still in charge after beating a divided left at another general election.
And then there is Brexit. We’re hurtling down a very dangerous road – which could see us out of the EU, with closed borders and an economy in tatters. It’s my belief that a vote for a non-Brexiteer in Richmond Park would be a hammer blow to Conservatives at a time when they’re trying to remould the country in their own image after a narrow win for the Leave side in the referendum.
The Green party will fight a passionate and organised campaign in Richmond Park – I was blown away by the commitment of members, and I know they’ll be hitting the ground running this weekend. On the ballot on 1 December there will only be one party saying no to new runways, rejecting nuclear weapons and nuclear power and proposing a radical overhaul of our politics and democracy. I’ll go to the constituency to campaign because we are a fundamentally unique party – saying things that others refuse to say – but I won’t pretend that I don’t wish we could have done things differently.

I believe that moments like this don’t come along very often – but they require the will of all parties involved to realise their potential. Ultimately, until other leaders of progressive parties face the electoral facts, we are all losers, no matter who wins in Richmond Park.


Caroline Lucas is the MP for Brighton Pavilion.