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Is Smith right on prostitution?

Moves to tackle trafficking and prostitution may be well intentioned but is there a whiff of a moral

When - on Wednesday, 19 November, Jacqui Smith, Home Secretary, announced plans to tackle prostitution they included a raft of measures focusing on the men that pay for sex.

  • The introduction of a specific strict liability offence of paying for sex with someone who is controlled for another person’s gain, with a fine of £1000
  • Running a marketing campaign aimed specifically at sex buyers to raise awareness about trafficking for sexual exploitation
  • Making it possible to prosecute kerb crawlers without needing to prove that they are 'persistent'
  • Making it easier to close brothels where there is evidence of trafficking, child sexual exploitation, or causing, inciting or controlling prostitution for gain.

The rationale for these measures is to be found in a document issued by the Home Office called: Tackling the Demand for Prostitution: A Review.

There is no doubt that some of the aim of these measures is justified. Trafficking can involve tricking girls and women into believing that they are coming to Britain to be, for example, waitresses, but when they arrive they find they are detained against their will and forced to work long hours as prostitutes.

This constitutes serial rape. Moreover the victims are liable to face serious problems on returning home. They may be disowned by their own families and communities, and they or their families may face reprisals from the traffickers.

However, there is a strong suggestion of a moral crusade which links radical feminism and a conservative disapproval of prostitution at work. In a Commons answer on October 9, 2008, Vera Baird, the Solicitor General, was asked why, if there was such a problem with trafficking, there were relatively few arrests.

She answered in part: "We are concentrating on demand because it is clear that 58 per cent of the population would ban prostitution entirely and make it an offence, if they were satisfied — as I am — that it encourages trafficking. We will look closely at bringing into force deterrent legislation to try to cut demand."

The background to this is two police operations against trafficking. Pentameter 1 took place in 2006. It involved all 55 police forces, raided 515 premises, and produced 88 confirmed victims of trafficking.

Pentameter 2 - as described in the Home Office Review - took place between October 2007 and March 2008, again involved all 55 police forces, raided 822 premises and rescued 172 victims.

According to the Home Office there are about 80,000 people involved in prostitution in the UK. The police raids will presumably have targeted massage parlours offering exotic lovelies rather than English girls. The results are thus pretty disappointing.

Much of the academic work on prostitution is critical of the direction the Home Office is taking. Similar criticisms are made by the English Collective of Prostitutes. Some of the main criticisms of the assault on trafficking are: Surveys suggest that some 10 per cent of British men have paid for sex at some time.

Criminalising 10 per cent of the male population should be approached with caution.

Although there are undoubtedly violent and unpleasant clients, a major theme of reports of visits to prostitutes on websites such as Punternet is affectionate appreciation, a desire for GFE (Girl Friend Experience).

The majority of women working as independent escorts or in massage parlours appear to be British, not trafficked or coerced, and not addicted to drugs. Their motivation is essentially financial. One of the entries on the SAAFE website, which offers advice to independent escorts, counsels them to pace themselves because it is easy to get tired out because of the temptation to overwork thanks to the large amounts of money to be made.

Although trafficking people into sexual and other forms of slavery undoubtedly occurs, it should be remembered that there is also people smuggling, meaning getting illegal immigrants into Britain for a fee.

Undocumented economic migrants are terribly vulnerable to exploitation. Those working in prostitution may well simply regard it as more lucrative than agricultural work, food preparation, working in restaurants or cockle picking. Earnings from prostitution in Britain are higher than in Third World countries, so that the UK is attractive to women already working as prostitutes elsewhere for the same sorts of reasons that the UK is attractive to other people from the Third World.

A common situation seems to be something in between slavery and free labour, in which the migrant is helping to pay off the smuggling fee.

A major source of anxiety for undocumented migrants working as prostitutes is that their 'rescue' will lead to deportation. They may be reluctant to give evidence against 'traffickers' because they are trying to keep their side of a bargain with the people who got them here, rather than because of intimidation.

Clients are a potential resource against trafficking into sexual slavery, as they can be encouraged to report possible trafficking by organisations such as BlueBlindfold. If they are criminalised by a strict liability offence and the possibility of being accused of rape they are unlikely to do so.

Working in a brothel or massage parlour is generally seen as the safest way of engaging in prostitution. The major danger appears to be robbery rather than sexual violence.

Academics also tend to be critical of the Home Office encouragement of a zero tolerance approach to street prostitution as piloted in Middlesbrough.

Street prostitution has been a perennial feature of British life since at least the middle ages, when many towns had a street called Gropecunt Lane.

There is therefore a worry that such a policy will merely push street prostitution underground and make it more dangerous for the women involved.

Such an approach tends to disrupt outreach schemes which offer counselling, health advice and encouragement to quit.

Because potential clients are afraid of arrest in red light areas, prostitutes tend to work in other areas, at greater danger to themselves. This can involve a shift from light industrial areas, which are relatively empty in the evening, to residential areas.

There seems at least a possibility that anyone living with a prostitute, and hence at least partially living off her earnings, may be identified as a pimp, thus rendering any client of a street prostitute liable to a criminal record and a £1000 fine.

As with trafficking, the more clients are criminalised the less they are likely to cooperate in any attempts to apprehend men who rob, rape and murder street prostitutes.

The Home Office encouragement of women to desist from street prostitution is laudable if it involves providing services for voluntary use. However, the policy document A Co-ordinated Prostitution Strategy carries suggestions that women who fail to desist with encouragement will face more Draconian measures, notably ASBOs which can result in up to 5 years imprisonment rather than the fines which street prostitutes have faced in recent years.

Overall the concern of critics is that the increased criminalisation of an activity that is largely voluntary will cause more misery than the evils it is intended to cure.

Dr Mark Cowling is Reader in Criminology at the University of Teesside

Dr Mark Cowling is Reader in Criminology at the University of Teesside. He is the author of Date Rape and Consent and Marxism and Criminological Theory: A Critique and a Toolkit.
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The French millennials marching behind Marine Le Pen

A Front National rally attracts former socialists with manicured beards, and a lesbian couple. 

“In 85 days, Marine will be President of the French Republic!” The 150-strong crowd cheered at the sound of the words. On stage, the speaker, the vice-president of the far-right Front National (FN), Florian Philippot, continued: “We will be told that it’s the apocalypse, by the same banks, media, politicians, who were telling the British that Brexit would be an immediate catastrophe.

"Well, they voted, and it’s not! The British are much better off than we are!” The applause grew louder and louder. 

I was in the medieval city of Metz, in a municipal hall near the banks of the Moselle River, a tributary of the Rhine from which the region takes its name. The German border lies 49km east; Luxembourg City is less than an hour’s drive away. This is the "Country of the Three Borders", equidistant from Strasbourg and Frankfurt, and French, German and French again after various wars. Yet for all that local history is deeply rooted in the wider European history, votes for the Front National rank among the highest nationally, and continue to rise at every poll. 

In rural Moselle, “Marine”, as the Front National leader Marine Le Pen is known, has an envoy. In 2014, the well-spoken, elite-educated Philippot, 35, ran for mayor in Forbach, a former miner’s town near the border. He lost to the Socialist candidate but has visited regularly since. Enough for the locals to call him “Florian".

I grew up in a small town, Saint-Avold, halfway between Metz and Forbach. When my grandfather was working in the then-prosperous coal mines, the Moselle region attracted many foreign workers. Many of my fellow schoolmates bore Italian and Polish surnames. But the last mine closed in 2004, and now, some of the immigrants’ grandchildren are voting for the National Front.

Returning, I can't help but wonder: How did my generation, born with the Maastricht treaty, end up turning to the Eurosceptic, hard right FN?

“We’ve seen what the other political parties do – it’s always the same. We must try something else," said Candice Bertrand, 23, She might not be part of the group asking Philippot for selfies, but she had voted FN at every election, and her family agreed. “My mum was a Communist, then voted for [Nicolas] Sarkozy, and now she votes FN. She’s come a long way.”  The way, it seemed, was political distrust.

Minutes earlier, Philippot had pleaded with the audience to talk to their relatives and neighbours. Bertrand had brought her girlfriend, Lola, whom she was trying to convince to vote FN.  Lola wouldn’t give her surname – her strongly left-wing family would “certainly not” like to know she was there. She herself had never voted.

This infuriated Bertrand. “Women have fought for the right to vote!” she declared. Daily chats with Bertrand and her family had warmed up Lola to voting Le Pen in the first round, although not yet in the second. “I’m scared of a major change,” she confided, looking lost. “It’s a bit too extreme.” Both were too young to remember 2002, when a presidential victory for the then-Front National leader Jean-Marie Le Pen, was only a few percentage points away.

Since then, under the leadership of his daughter, Marine, the FN has broken every record. But in this region, the FN’s success isn’t new. In 2002, when liberal France was shocked to see Le Pen reach the second round of the presidential election, the FN was already sailing in Moselle. Le Pen grabbed 23.7 per cent of the Moselle vote in the first round and 21.9 per cent in the second, compared to 16.9 per cent and 17.8 per cent nationally. 

The far-right vote in Moselle remained higher than the national average before skyrocketing in 2012. By then, the younger, softer-looking Marine had taken over the party. In that year, the FN won an astonishing 24.7 per cent of the Moselle vote, and 17.8 per cent nationwide.

For some people of my generation, the FN has already provided opportunities. With his manicured beard and chic suit, Emilien Noé still looks like the Young Socialist he was between 16 and 18 years old. But looks can be deceiving. “I have been disgusted by the internal politics at the Socialist Party, the lack of respect for the low-ranked campaigners," he told me. So instead, he stood as the FN’s youngest national candidate to become mayor in his village, Gosselming, in 2014. “I entered directly into action," he said. (He lost). Now, at just 21, Noé is the FN’s youth coordinator for Eastern France.

Metz, Creative Commons licence credit Morgaine

Next to him stood Kevin Pfeiffer, 27. He told me he used to believe in the Socialist ideal, too - in 2007, as a 17-year-old, he backed Ségolène Royal against Sarkozy. But he is now a FN local councillor and acts as the party's general co-ordinator in the region. Both Noé and Pfeiffer radiated a quiet self-confidence, the sort that such swift rises induces. They shared a deep respect for the young-achiever-in-chief: Philippot. “We’re young and we know we can have perspectives in this party without being a graduate of l’ENA,” said another activist, Olivier Musci, 24. (The elite school Ecole Nationale d’Administration, or ENA, is considered something of a mandatory finishing school for politicians. It counts Francois Hollande and Jacques Chirac among its alumni. Ironically, Philippot is one, too.)

“Florian” likes to say that the FN scores the highest among the young. “Today’s youth have not grown up in a left-right divide”, he told me when I asked why. “The big topics, for them, were Maastricht, 9/11, the Chinese competition, and now Brexit. They have grown up in a political world structured around two poles: globalism versus patriotism.” Notably, half his speech was dedicated to ridiculing the FN's most probably rival, the maverick centrist Emmanuel Macron. “It is a time of the nations. Macron is the opposite of that," Philippot declared. 

At the rally, the blue, red and white flame, the FN’s historic logo, was nowhere to be seen. Even the words “Front National” had deserted the posters, which were instead plastered with “in the name of the people” slogans beneath Marine’s name and large smile. But everyone wears a blue rose at the buttonhole. “It’s the synthesis between the left’s rose and the right’s blue colour”, Pfeiffer said. “The symbol of the impossible becoming possible.” So, neither left nor right? I ask, echoing Macron’s campaign appeal. “Or both left and right”, Pfeiffer answered with a grin.

This nationwide rebranding follows years of efforts to polish the party’s jackass image, forged by decades of xenophobic, racist and anti-Semitic declarations by Le Pen Sr. His daughter evicted him from the party in 2015.

Still, Le Pen’s main pledges revolve around the same issue her father obsessed over - immigration. The resources spent on "dealing with migrants" will, Le Pen promises, be redirected to address the concerns of "the French people". Unemployment, which has been hovering at 10 per cent for years, is very much one of them. Moselle's damaged job market is a booster for the FN - between 10 and 12 per cent of young people are unemployed.

Yet the two phenomena cannot always rationally be linked. The female FN supporters I met candidly admitted they drove from France to Luxembourg every day for work and, like many locals, often went shopping in Germany. Yet they hoped to see the candidate of “Frexit” enter the Elysee palace in May. “We've never had problems to work in Luxembourg. Why would that change?” asked Bertrand. (Le Pen's “144 campaign pledges” promise frontier workers “special measures” to cross the border once out of the Schengen area, which sounds very much like the concept of the Schengen area itself.)

Grégoire Laloux, 21, studied history at the University of Metz. He didn't believe in the European Union. “Countries have their own interests. There are people, but no European people,” he said. “Marine is different because she defends patriotism, sovereignty, French greatness and French history.” He compared Le Pen to Richelieu, the cardinal who made Louis XIV's absolute monarchy possible:  “She, too, wants to build a modern state.”

French populists are quick to link the country's current problems to immigration, and these FN supporters were no exception. “With 7m poor and unemployed, we can't accept all the world's misery,” Olivier Musci, 24, a grandchild of Polish and Italian immigrants, told me. “Those we welcome must serve the country and be proud to be here.”

Lola echoed this call for more assimilation. “At our shopping centre, everyone speaks Arabic now," she said. "People have spat on us, thrown pebbles at us because we're lesbians. But I'm in my country and I have the right to do what I want.” When I asked if the people who attacked them were migrants, she was not so sure. “Let's say, they weren't white.”

Trump promised to “Make America Great Again”. To where would Le Pen's France return? Would it be sovereign again? White again? French again? Ruled by absolutism again? She has blurred enough lines to seduce voters her father never could – the young, the gay, the left-wingers. At the end of his speech, under the rebranded banners, Philippot invited the audience to sing La Marseillaise with him. And in one voice they did: “To arms citizens! Form your battalions! March, march, let impure blood, water our furrows...” The song is the same as the one I knew growing up. But it seemed to me, this time, a more sinister tune.