sou · GYB349 · 2010-08-03 00:00:00 — In its report Sex Trade (SOU 1995:15) the Inquiry proposed that prostitution should be criminalised by introducing a ban on both purchasing and selling sexual services. The Inquiry considered that criminalisation of prostitution was a necessary step to make it completely clear that prostitution as a phenomenon is not accepted by society. The Inquirys proposal, particularly the idea of also criminalising the person exploited by prostitution, was met by extensive criticism and was not implemented. The proposal that eventually led to the introduction of the Act prohibiting the Purchase of (1998:408) formed part of the Government Women, as described above. The proposal was based on the report of the Prostitution Inquiry from 1993 and on the final report of the Commission on Violence against Women, Violence against Women (SOU 1995:60). A person who obtains a casual sexual relation in return for payment commits the crime of purchase of sexual service, which is currently found in Chapter 6, Section 11 of the Penal Code. Pur- chasing a sexual service on one single occasion is sufficient for cri- minal liability. Compensation can be in the form of money, but payment can also be made through such means as alcohol or drugs. Promising compensation so that payment is a condition for the service is sufficient to establish liability. A crime is committed even if someone other than the person who avails him or herself of the sexual service has provided or promised the compensation. An attempted offence is also punishable. The scale of penalties for the purchase of sexual services is a fine or imprisonment for at most six months. As is the case with the crime of human trafficking, the ban on the purchase of sexual services is an important instrument to prevent and combat trafficking in human beings and to protect those people who are, or who risk becoming, involved in prosti- tution and other forms of sexual exploitation. Since human trafficking is a cross-border crime, combating it requires international cooperation. There are a number of international con- ventions in the area. Several instruments dealing with prostitution and human trafficking have been adopted by the United Nations, . Work to combat prostitution has long been oriented around social initiatives, and both of the previous prostitution inquiries have emphasised the value of such initiatives. Unlike in many other countries where efforts focus on harm reduction, the initiatives targeting prostitution in are mainly aimed at fighting prostitution by helping people out of prostitution or to stop purchasing sex. Extensive work is being carried out in , and aimed directly at people who are exploited in prosti- tution. People with experience of prostitution have complex help needs, and special knowledge and skills are required when imple- menting initiatives targeting these people. Work in the prostitution groups involves a number of different components. It includes outreach activities, motivational interviews, different forms of therapy and psychosocial support. Less is known about the extent to which people in prostitution and victims of human trafficking are detected and helped in other areas. Knowledge about the most effective methods of helping those affected is also limited. In its action plan against prostitution and human trafficking for sexual purposes, the Government emphasises that initiatives to combat demand for sexual services are crucial for dealing with the problem. For ten or so years, social services in , and have been operating what are known as KAST groups (purchasers of sexual services) to motivate potential and sex purchasers to change their behaviour. Different preventive measures are needed to help prevent people from ending up in prostitution. Of particular importance are initiatives aimed at those who are particularly affected, i.e. children and young people. Professional groups that have contact with young people at risk of falling into prostitution must develop the ability to see signals and improve their skills to be able to work with these issues in the best possible . Prostitution in –2008 and a comparison with the situation in some other countries (Chapters 4 and 5) Evaluating the effects of the ban on the purchase of sexual services has proven to be a difficult task. Prostitution and human trafficking for sexual purposes are complex and multifaceted social phenomena which partly occur in secret. Increased internationalisation and the Internet as a new arena for prostitution also make it difficult to assess its prevalence. Even though there are many reports, articles and essays that address these phenomena, knowledge on the scale of prostitution and human trafficking for sexual purposes is consequently limited. This particularly applies to knowledge of people who are as prostitutes in arenas other than street settings and on the Internet, and knowledge of the prevalence of prostitution outside metropolitan areas. On the whole, prostitution has traditionally referred to heterosexual prostitution, with women providing the sexual service and men purchasing it. The measures that are implemented and the knowledge available are also largely based on this customary view. Accordingly, we do not know very much about men who provide sexual services and about young people who are exploited in prostitution. Purchasers of sexual services are still fairly invisible despite the political will expressed to shift the focus. The empirical surveys that have been carried out have, in some cases, had limited scope, and different working procedures, methods and purposes have been used. In light of these and other factors, there can at times be reason to interpret the results with caution. However, despite these reservations, we still consider that it is possible to draw conclusions based on the material to which we had access, and the results we are presenting based on this data give, in our view, as clear a picture as is currently possible to produce. It is considered that the data available on the scale and prevalence of street prostitution describes the actual conditions. Since the introduction of the ban on the purchase of sexual services, street prostitution in has been halved. This reduction may be considered to be a direct result of the criminalisation of sex pur- chases. In a comparison, we have noted that the prevalence of street prostitution was about the same in the three capital cities of , and before the ban on the purchase of sexual services was introduced here, but the number of women in street prostitution in both and subsequently increased dramatically. In 2008, the number of people in street prostitution in both and was estimated to be three times higher than in . In light of the great similarities that in many respects exist between these three countries, economically and socially, it is reasonable to assume that the reduction in street prostitution in is a direct result of criminalisation. This assumption is supported by the fact that, according to a study by Bergen Municipality, an immediate, dramatic reduction of street prostitution occurred there when, on 1 January 2009, became the second country after to introduce a general prohibition of the purchase of sexual services. The number of foreign women in street prostitution has increased in all the Nordic countries, including . However, by comparison it can be noted that the dramatic increase in the number of foreign women in street prostitution reported from both and has no parallel in . Internet – a new arena Prostitution where the initial contact is made over the Internet is an important and growing arena for prostitution that has received increasing attention in recent years. Compared to street pros- titution, the scale of Internet prostitution is more difficult to verify and assess, but knowledge of this form of prostitution is gradually growing. In the last five years, Internet prostitution has increased in , and . However, the scale of this form of prostitution is more extensive in our neighbouring countries, and there is nothing to indicate that a greater increase in prostitution over the Internet has occurred in than in these comparable countries. This indicates that the ban has not led to street prostitution in shifting arenas to the Internet. In light of this it should be possible to conclude that the halving of street prostitution that took place in represents a real reduction in prostitution here, and that this reduction is also mainly a result of the criminalisation of sex purchases. The Internet plays an important role particularly with regard to young people in prostitution. concludes that most young people who are exploited sexually in return for payment came into contact with the pur- chaser via the Internet. The results of other questionnaire surveys that examined young peoples experiences of selling sexual services support this conclusion. The ban on the purchase of sexual services has not had an effect on the exposure of young people on the Internet. However, the risks of sexual exploitation and abuse that this exposure entails increase the need to protect young people from falling into prostitution. No overall increase in prostitution in There is nothing to indicate that the prevalence of pros- titution that is not marketed through advertisements in magazines and on the Internet, e.g. prostitution in massage parlours, sex clubs and hotels, and in restaurant and nightclub settings, has increased in recent years. is there any information that suggests that prostitutes formerly exploited on the streets are now involved in prostitution. People working in the field do not consider that there has been an increase in prostitution since the ban was introduced. Since those involved in prostitution activities typically need to promote themselves in order to come into contact with clients, it is unlikely that prostitution could exist on any great scale and remain entirely unknown. The overall picture we have obtained is that, while there has been an increase in prostitution in our neighbouring Nordic countries in the last decade, as far as we can see, prostitution has at least not increased in . There may be several explanations for this but, given the major similarities in all other respects between the Nordic countries, it is reasonable to assume that pros- titution would also have increased in if we had not had a ban on the purchase of sexual services. Criminalisation has there- fore helped to combat prostitution. on the purchase of sexual services has counteracted the of organised crime Trafficking in human beings for sexual purposes is a growing form of serious economic crime in large parts of the world. Although it is hard to assess the exact scale of human trafficking for sexual purposes, in the of this kind of crime is considered to be substantially smaller in scale than in other com- parable countries. According to the National Criminal , it is clear that the ban on the purchase of sexual services acts as a barrier to human traffickers and procurers considering establishing them- selves in . Increased public support for the ban The ban on the purchase of sexual services was intended as a statement of societys view that prostitution is an undesirable phenomenon. To gauge Swedish public opinion concerning sex purchases, surveys were conducted before and after criminalisation was introduced. Judging by the results of four population-based opinion polls, there has been a change of attitude with regard to the purchase of sexual services that coincides with the criminalisation of the purchase of such services. The marked shift in attitude that has occurred here – without an equivalent shift in and – must be interpreted as meaning that the ban itself has had a significant normative effect which, given that support for criminalisation is greatest among young people, can be expected to last. In all three surveys conducted since the ban was introduced, more than 70 per cent of those asked took a positive view of the ban. How the ban has affected those involved in prostitution When the ban on the purchase of sexual services was introduced, various misgivings were voiced. These included fears that crimi- nalisation would risk driving prostitution underground, making it to reach out to the vulnerable people involved through social measures, and that the ban would bring an increased risk of physical abuse and generally worsen living conditions for prostitutes. As far as we can judge from the written material and the contacts we have had with public officials and people involved in prostitution, these fears have not been realised. officers and social workers report that purchasers of sexual services have become more cautious and that the ban has led to a decrease in demand, at least for street prostitution, as a result of criminalisation. According to the , purchasers are afraid to be caught, but are more concerned about the offence of which they are suspected becoming known to family and acquaintances than about the penalties they risk. The impression that purchasers have become more cautious is shared by some of the current and former prostitutes who responded to the Inquirys questions, while others have reported that criminalisation has not affected purchasers because so few are caught and the penalties are so lenient. According to surveys conducted in in the period following criminalisation, the proportion of men reporting that they have, on some occasion, purchased sexual services has decreased, and it would seem that fewer men purchase sexual servi- ces in than in the other Nordic countries. In a survey conducted in 2008, a number of those asked also reported that the ban had affected their actions to the extent that they no longer purchased sexual services. All in all, the above must be interpreted as meaning that the ban has a deterrent effect on prospective purchasers of sexual services. It is clear, and it seems logical, that those who have extricated themselves from prostitution take a positive view of crimi- nalisation, while those who are still exploited in prostitution are critical of the ban. This pattern is reflected in many different reports and is also confirmed by the contacts that the inquiry has had with women with experience of prostitution. Application of the ban 1999–2008 (Chapter 6) Since the ban was introduced, the have directed special operations against prostitution on many occasions. The majority of the investigations and operations against prostitution-related crime have been, and continue to be, carried out by the various special groups that have been established during this period in , and , and in the National Criminal . Operations have mainly targeted street prostitution and more organised forms of prostitution that are linked to procuring or The have not ordinarily prioritised, or had the resources for, interventions against the purchase of sexual services via other forms of prostitution. Street prostitution is seen by to have great symbolic value in the eyes of the public, and the street setting is also used to market other forms of prostitution. The officers with whom the Inquiry has had contact consider that operations against street prostitution have an immediate effect in terms of deterring prospective purchasers of sexual services, but also believe that such operations have a more long-term effect in terms of deterring and limiting the numbers of other promoters and organisers of prostitution. The majority of prosecutions for infringements of the ban are cases where the purchaser of sexual services made the initial con- tact in a street setting. A new penal provision, trafficking in human beings for sexual purposes, came into force on 1 2002, and from 2003 onwards there has been a dramatic increase in the number of prosecutions for infringements of the ban on the purchase of sexual services that originate from procuring and human trafficking cases. The prevalence of these cases varies widely from year to year, depending on the resources invested and the priorities that the , in particular, have set. It is clear that monitoring compliance with the ban depends largely on the priorities set by the and the resources they have available. According to both officers and prosecutors with whom the Inquiry has spoken, considerably larger numbers of purchasers of sexual services could be prosecuted if priority had been given to this type of crime in day-to-day activities. One reason why priority is not given to sexual purchase offences is the low penal value of this type of offence. Eight out of ten cases in which purchasers of sexual services are prosecuted involve situations in which the offence has been admitted to. This applies to both street prostitution and other forms of prostitution. When suspects admit to an offence, the prosecutor does not generally bring legal proceedings; instead a summary fine is imposed on the suspected purchaser of sexual services. The majority of the offences that have been prosecuted were committed in the three metropolitan areas. All of those prosecuted between 1999 and 2008 were men, with a median age of 43. They most commonly paid for sexual services in cash. Our review of the judgments and summary fines imposed during the period studied shows a great deal of uniformity in terms of assessment of penal value and choice of penalty. Since the Supreme Court examined the question of culpability in a case of the purchase of sexual services in 2001 (NJA 2001, p. 527), more than 85 per cent of all prosecutions for individual instances of such purchases have resulted in a penalty of 50 day fines. The offence is generally reported rather summarily, and judgments seldom refer to any extenuating or aggravating circumstances associated with the offence. When the ban was introduced, some feared that it would be difficult to monitor compliance with the ban and to define and prove the criminal act. However, our investigation of the application of the ban shows that, following an initial period of some uncertainty, officers and prosecutors now consider that in general the provision works well. The prosecutors with whom the Inquiry has spoken have stated that they do not currently see any application problems directly linked to the penal provision. Sexual purchase offences are usually considered to be easy to investigate and relatively uncomplicated to process. There can be evidentiary problems, but almost half of the offences reported have been linked to an individual, meaning that a decision has been taken either to bring charges, impose a summary fine or grant a waiver of prosecution. This is double the number compared to other reported sexual offences. The uncertainties that remain when it comes to applying the provision concern whether those who have been exploited should be considered witnesses or injured parties in court proceedings, and the point in time at which an attempted offence has been committed. It is considered difficult to prove attempted crimes, with the result that, in connection with street prostitution, the deliberately wait until the sexual act has begun before intervening, and the offence has thus been committed in full. Deliberations and proposals (Chapter 7) Our assessment shows that the ban on the purchase of sexual services has had the intended effect and is an important instrument in preventing and combating prostitution. Continued and sustained social work is necessary Criminalisation can never be anything other than a supplement to other efforts to combat prostitution. It is therefore necessary to ensure continued and sustained social work to prevent and combat prostitution and trafficking in human beings for sexual purposes. It is important to increase the measures directed at purchasers of sexual services. Further research is needed here on who purchases sexual services, and suitable treatment methods. It is also important to give support to children and young people at risk of ending up in prostitution and to continue information initiatives to influence public opinion in this area. The professional groups working with these issues must be assured access to greater knowledge in order to be able to offer vulnerable people adequate help and support. The Inquiry does not present any specific proposals in this area, but it does call attention to – and particularly emphasises – the value and necessity of continued and sustained social measures. A national centre against prostitution and human trafficking for sexual purposes should be set up In the course of our work, we have established that there is an almost improbably large quantity of information available in the form of reports, articles and essays produced by both government agencies and researchers and containing facts and discussions linked to prostitution and human trafficking. One important conclusion we have drawn is that, despite the great interest in this issue, there is a lack of both continuous follow-up and systematic knowledge of these phenomena. The knowledge available is difficult to grasp and, in part, difficult to assess, and is shaped by the operational focus and perspective of the agencies and organisations concerned. This makes it impossible to draw entirely reliable assessments and comparisons using the available knowledge. This hampers efforts to establish the training, methods development and support initiatives needed in order to combat prostitution and human trafficking for sexual purposes as effectively as possible. It is necessary to create better conditions for coordination, follow-up and knowledge production for the future, in order to both utilise existing knowledge and also make new knowledge available to everyone who works in some capacity with these issues. We therefore propose the of a national centre against prostitution a human trafficking for sexual purposes. Maximum penalty for the purchase of sexual services should be raised In our view, variations between different sexual purchase offences are far too seldom taken into account when deciding on a penalty. From the review of current practice undertaken by the Inquiry, it is clear that in some cases there is reason to take a more serious view of the offence than has been the case in practice. Examples of such cases include exploitation of a person with a psychiatric disability, contact being made through a third party or an ordering service, exploitation of one person for several hours by several sex purchasers or exploitation of a young person or a person under the influence of drugs. In our view, the current level of penalties for certain sexual purchase offences is not proportionate to the seriousness of the crime. There is a need to be able to make a more nuanced assessment in more serious cases of the purchase of sexual services than is possible within the current penalty scale for the offence. We therefore propose that the maximum penalty for the purchase of sexual services be raised from imprisonment for six months to imprisonment for one year. The person exploited in prostitution may normally be considered the injured party Neither legislation nor legal doctrine offer a clear answer to the question of who is to be considered an injured party. In our assessment, there is nothing to prevent a person who has been exploited in prostitution from having the status of injured party in proceedings concerning the purchase of sexual services. An examination should be undertaken in each case to determine whether the person providing the sexual service is so directly affected by the offence that she or he should be entrusted with exercising the public function implied by a penal claim. The question of where to draw the line in attempted crimes should be resolved through the application of the law