Academics call for repeal of sex buyer ban
A coalition of 80 academics has called on the government to repeal a law criminalising the purchase of sex in Ireland as soon as possible in order to protect sex workers from violence.
In a joint submission to the Department of Justice’s ongoing review of Part 4 of the Criminal Law (Sexual Offences) Act 2017, the academics said the ban is “actively creating a climate of risk and danger that harms sex workers’ safety”.
The Act includes a provision requiring a review of the operation of the law to be prepared and submitted to the Oireachtas within three years of it coming into effect. Solicitor Maura Butler was appointed in July to lead the review.
In the joint submission, co-ordinated by legal academics Dr Vicky Conway and Dr Sinéad Ring, the 80 academics – who include lawyers, sociologists, criminologists, historians, economists, medics, nurses, psychologists and media studies scholars – urge the government to take a “harm reduction” approach.
The submission notes: “Not only did the 2017 Act strengthen the penal provisions applicable to sex workers, it also created additional risks of harm to their health and safety. Because a purchaser risks conviction under the 2017 Act, the purchaser may push the seller to engage in more risky behaviour.
“There is more at stake for the purchaser in engaging in this conduct. One study by Krüsi et al found that criminalisation of the purchaser forced women to work longer hours and it severely impact on their safety strategies.
“They found women spent less time screening and negotiating with clients, were willing to engage in less safe sex (e.g. without condoms) and engaged in activities in less well lit, more isolated areas where there is a less accessible help.”
It adds: “The State’s obligations to protect its subjects require an approach that prioritises the safety of sex workers, while supporting and facilitating their withdrawal from this industry.
“The current legal framework places sex workers at odds with the police and the criminal process and risks their health and their safety. Research clearly shows that the most effective way to enhance their safety is to improve their relationship with police and the criminal justice system.”
In particular, the report highlights the positive impact of decriminalisation in New Zealand as well as the decision of police in Liverpool to treat attacks against sex workers as hate crimes.