The case for the Criminalisation of the Purchase of Sex Bill

Rhoda Grant MSP explains why she thinks the arguments made against the Criminalisation of the Purchase of Sex Bill are flawed.

On the 29 May I published the results of the consultation for my proposed Bill on the criminalisation of the purchase of sex. The respondents were overwhelmingly, 80 per cent, in favour of this Bill. Since its publication I have been continually attacked by those against the Bill who have claimed that I have misrepresented the breadth of support. In fact they have presented a number of falsehoods about the Bill via a number of platforms including this one. I find myself constantly defending my position against unfounded allegations and yet no-one has properly questioned the assertions made by the "Sex Workers’ Lobby". I find this baffling and therefore would like to take the opportunity to address their arguments.

I recently received this from an exited prostitute:

The only way to describe my experience was HELL it’s like you are selling your soul over to the devil when you get into prostitution, the devils being…… ,  your freedom gets taken away completely, you automatically become a dolly money making machine for them and while working for…… you were reminded every day that you’re worthless and couldn't do better in life apart from prostitution….people are not aware of what happens  behind closed doors in the brothel ....the minute you walk in you are scared for life ...it’s like being raped 10 times a day and pimps telling you its ok ??? You lose everything dignity, Identity, respect and happiness.

This is by no means a one off case but the daily reality for many prostitutes. With this knowledge I am expected to turn a blind eye in order that those who profit from and cause this misery can continue their activity unrestrained. I cannot.

The current laws surrounding prostitution penalise women and only deal with public nuisance – none of them protect those who are prostituted. The Bill I propose is for the criminalisation of the purchase of sex which aims to redress this imbalance in our current laws. In no other circumstance does our law criminalise the victim but not the perpetrator! The purpose of this legislation would be to decrease demand and thereby begin to tackle an industry that preys on vulnerable people.

My consultation proved that a wide range of society agrees with me, including NHS Scotland, many Violence Against Women partnerships and organisations that provide support to working prostitutes. I do not just have support from feminist groups and religious organisations as my opponents have suggested. This is just one of many false allegations I have had to defend against, such as the suggestion that I have ignored the views of those who work and have worked in prostitution. This is again not true; the pro-lobby have simply ignored the supportive responses I received from women that have exited prostitution. Indeed, I have also met with a wide range of people including working prostitutes and other individuals involved with support organisations.       

There has been little scrutiny of the position put forward by the "Sex Workers’ Lobby". In particular, this lobby has made two adamant petitions, one for decriminalisation or legislation for the industry and the other that said industry should be allowed to regulate itself. Their argument for self-regulation is that they understand the industry best and are therefore best equipped to tackle abuses. There is no evidence to support this argument as all reports indicate that abuse is rampant within the industry. They suggest that "clients" are best placed to report abuse. However these clients have little concern for prostitutes. We would need evidence to demonstrate that they are reporting instances of trafficking in great numbers and where is it?  Legislation needs to be implemented that protects vulnerable people against organisations and individuals that profit from them. No industry can successfully self-regulate because it is in its interest to make profits.  

However, I would also like to challenge the notion that decriminalisation or legislation would protect vulnerable people being abused in this industry. The oft-cited example is New Zealand which has decriminalised all aspects of the sex industry. There are calls to introduce this model here. However, social policy cannot be looked at in isolation and New Zealand exists in a very different context to us. Their immigration polices help to ensure that people who enter the country are protected through a buddy scheme. The "Sex Workers’ Lobby" rarely acknowledges the examples closer to home, such as the Netherlands and Germany, which have tried less successfully to legalise and regulate the industry. It simply has not worked; Amsterdam has acknowledged that there is an huge illegal market and that women are still being abused. Looking at the UNODC report on trafficking it is clear that The Netherlands is seen as a more attractive destination than Sweden. The most conservative estimate is that 8 per cent out of the entire industry is comprised of trafficked individuals - that is more than 1,000 people, but it could be many more. This does not take into account the huge number of people coerced into the industry due to poverty. There is a similar story in Germany, a recent documentary into the industry revealed that decriminalisation has increased demand and actually made sex cheaper. The brothel owners are the people benefiting from this, not the prostitutes.

It has been claimed that Human Rights Groups and the UN have called for the decriminalisation of prostitution and that my Bill is going against them. This again is not the full story. My Bill is not criminalising the women (and men) being prostituted, but rather the clients that are fuelling the industry. The organisations quoted state that they are against the increased criminalisation of victims of this industry - so am I!  

I do not claim that my Bill would be a silver bullet in tackling the abuse of prostitution. It needs to be coupled with greater education, more exit services and initiatives that help to tackle the vast inequalities that still remain in our society that coerce people into prostitution. It is clear to me that dealing with demand will help. The "Sex Workers’ Lobby’s" arguments against my Bill need to be scrutinised and we should ask how their arguments are actually going to help protect those vulnerable people who are being repeatedly abused on a daily basis. Is it in their financial interest that this abuse continues?

Rhoda Grant is the Labour Member of the Scottish Parliament for the Highlands and Islands

The Scottish Parliament. Photograph: Getty Images
OLIVER BURSTON
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How science and statistics are taking over sport

An ongoing challenge for analysts is to disentangle genuine skill from chance events. Some measurements are more useful than others.

In the mid-1990s, statistics undergraduates at Lancaster University were asked to analyse goal-scoring in a hypothetical football match. When Mark Dixon, a researcher in the department, heard about the task, he grew curious. The analysis employed was a bit simplistic, but with a few tweaks it could become a powerful tool. Along with his fellow statistician Stuart Coles, he expanded the methods, and in doing so transformed how researchers – and gamblers – think about football.

The UK has always lagged behind the US when it comes to the mathematical analysis of sport. This is partly because of a lack of publicly available match data, and partly because of the structure of popular sports. A game such as baseball, with its one-on-one contests between pitcher and batter, can be separated into distinct events. Football is far messier, with a jumble of clashes affecting the outcome. It is also relatively low-scoring, in contrast to baseball or basketball – further reducing the number of notable events. Before Dixon and Coles came along, analysts such as Charles Reep had even concluded that “chance dominates the game”, making predictions all but impossible.

Successful prediction is about locating the right degree of abstraction. Strip away too much detail and the analysis becomes unrealistic. Include too many processes and it becomes hard to pin them down without vast amounts of data. The trick is to distil reality into key components: “As simple as possible, but no simpler,” as Einstein put it.

Dixon and Coles did this by focusing on three factors – attacking and defensive ability for each team, plus the fabled “home advantage”. With ever more datasets now available, betting syndicates and sports analytics firms are developing these ideas further, even including individual players in the analysis. This requires access to a great deal of computing power. Betting teams are hiring increasing numbers of science graduates, with statisticians putting together predictive models and computer scientists developing high-speed software.

But it’s not just betters who are turning to statistics. Many of the techniques are also making their way into sports management. Baseball led the way, with quantitative Moneyball tactics taking the Oakland Athletics to the play-offs in 2002 and 2003, but other sports are adopting scientific methods, too. Premier League football teams have gradually built up analytics departments in recent years, and all now employ statisticians. After winning the 2016 Masters, the golfer Danny Willett thanked the new analytics firm 15th Club, an offshoot of the football consultancy 21st Club.

Bringing statistics into sport has many advantages. First, we can test out common folklore. How big, say, is the “home advantage”? According to Ray Stefani, a sports researcher, it depends: rugby union teams, on average, are 25 per cent more likely to win than to lose at home. In NHL ice hockey, this advantage is only 10 per cent. Then there is the notion of “momentum”, often cited by pundits. Can a few good performances give a weaker team the boost it needs to keep winning? From baseball to football, numerous studies suggest it’s unlikely.

Statistical models can also help measure player quality. Teams typically examine past results before buying players, though it is future performances that count. What if a prospective signing had just enjoyed a few lucky games, or been propped up by talented team-mates? An ongoing challenge for analysts is to disentangle genuine skill from chance events. Some measurements are more useful than others. In many sports, scoring goals is subject to a greater degree of randomness than creating shots. When the ice hockey analyst Brian King used this information to identify the players in his local NHL squad who had profited most from sheer luck, he found that these were also the players being awarded new contracts.

Sometimes it’s not clear how a specific skill should be measured. Successful defenders – whether in British or American football – don’t always make a lot of tackles. Instead, they divert attacks by being in the right position. It is difficult to quantify this. When evaluating individual performances, it can be useful to estimate how well a team would have done without a particular player, which can produce surprising results.

The season before Gareth Bale moved from Tottenham Hotspur to Real Madrid for a record £85m in 2013, the sports consultancy Onside Analysis looked at which players were more important to the team: whose absence would cause most disruption? Although Bale was the clear star, it was actually the midfielder Moussa Dembélé who had the greatest impact on results.

As more data is made available, our ability to measure players and their overall performance will improve. Statistical models cannot capture everything. Not only would complete understanding of sport be dull – it would be impossible. Analytics groups know this and often employ experts to keep their models grounded in reality.

There will never be a magic formula that covers all aspects of human behaviour and psychology. However, for the analysts helping teams punch above their weight and the scientific betting syndicates taking on the bookmakers, this is not the aim. Rather, analytics is one more way to get an edge. In sport, as in betting, the best teams don’t get it right every time. But they know how to win more often than their opponents. 

Adam Kucharski is author of The Perfect Bet: How Science and Maths are Taking the Luck Out of Gambling (Profile Books)

This article first appeared in the 28 April 2016 issue of the New Statesman, The new fascism