Sex Work in Scotland

The Scottish government writes:

Prostitution is a form of commercial sexual exploitation. Commercial sexual exploitation persists as a result of how women are viewed by society.

The Scottish Government's definition of gender based violence is clearly set out in Equally Safe, Scotland's strategy for preventing and eradicating violence against women and girls:

Gender based violence is a function of gender inequality, and an abuse of male power and privilege. It takes the form of actions that result in physical, sexual and psychological harm or suffering to women and children, or affront to their human dignity, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. It is men who predominantly carry out such violence, and women who are predominantly the victims of such violence. By referring to violence as 'gender based' this definition highlights the need to understand violence within the context of women's and girl's subordinate status in society. Such violence cannot be understood, therefore, in isolation from the norms, social structure and gender roles within the community, which greatly influence women's vulnerability to violence

Equally Safe Priority 4 states the Scottish Government's priority to ensure men desist from all forms of violence against women and girls and perpetrators of such violence receive a robust and effective response. This violence includes the violence perpetrated by men in relation to acts of commercial sexual exploitation, of which prostitution is one aspect.

The consultation is being taken forward under Equally Safe and fulfils the 2019-20 Programme for Government commitment to consult on approaches to challenge men's demand for prostitution, continue to support work to reduce the harms associated with commercial sexual exploitation and help women to exit prostitution.

The aim of the consultation is to gather views on how best to challenge men's demand for prostitution in Scotland, reducing the harms associated with prostitution and supporting women involved to exit. The consultation paper invites views from a wide range of readers including key stakeholders, statutory partners, those who work in the sector to challenge men's demand for prostitution, support women and those who may have lived experience to help inform the development of future approaches to prostitution in Scotland.

The consultation closes 10th December 2020

Scottish Labour is set to announce a manifesto pledge to prosecute men who buy sex.

Bizarrely the party claims that selling sex can be somehow legal whilst buying it is illegal. Surely the sex workers would be clearly inciting their customers to commit an offence.

Its manifesto, to be unveiled on Wednesday, will state:

Scottish Labour aims to tackle commercial sexual exploitation by challenging demand and by supporting those involved. It has a three-pronged framework: criminalising the buying of sex, decriminalising people involved in prostitution, and providing long-term support and exiting services for those exploited through prostitution.

ScotPep, the sex workers' rights charity, said during the last Holyrood session that it did not agree with the policy, fearing that it could put women in more danger and challenging the assertion that all sex workers are victims .

Scottish sex workers are supporting proposed changes in the law to make them safer as they host a gathering in Glasgow to raise awareness of the issue.

Organisations and charities have backed independent MSP Jean Urquhart's proposals to decriminalise prostitution in Scotland.

Her proposed Prostitution Law Reform (Scotland) Bill would permit more than one sex worker to work from the same premises. A lone sex worker based at home is currently operating within the law but at much greater risk of violence and theft, while two or more sex workers sharing a space for safety are breaking the law.

Urquhart wants up to four sex workers to be permitted to work collectively from the same premises and a licensing system to be brought in for premises in which more than four sex workers operate.

Sex worker charity ScotPep, grassroots collective the Sex Worker Open University (SWOU) and community health Project Umbrella Lane support the changes. Speaking ahead of the gathering to mark the international Day to End Violence Against Sex Workers, Urquhart said:

When I started speaking with sex workers in Scotland I was struck by what they told me about how the law makes them less safe. It should be unconscionable that the law makes sex workers so vulnerable to violence and I'm proud to have brought forward proposals that are based on what people who sell sex say will keep them safe.

Proposals to decriminalise prostitution and pave the way for legal brothels have been put forward at Holyrood.

The plans include allowing more than one prostitute to work from the same premises and giving sex workers more employment rights in the workplace. It is based on New Zealand's arrangement for legal prostitution.

Independent Highlands and Islands MSP Jean Urquhart said:

Sex workers have been systematically ignored while laws which expose them to violence and stigma have been preserved or extended.

These proposals take on board not only the experience and concerns of sex workers, but also reflect a growing international consensus that what sex workers most need is safety and labour rights, not the risks which come from criminalisation. Human rights

Nadine Stott, co-chairwoman of sex worker rights charity Scot-Pep, said:

The purchase and sale of sex is currently legal, but in general, the law prevents sex workers from being able to work safely, and that must end.

There is no reason why sex work should only be permissible if a single person works alone in their flat, for example. That law leaves sex workers vulnerable to violence and exploitation, as do the current laws on street-based sex work, which also seriously hamper sex workers' ability to move on to other work.

Dr Marsha Scott, Scottish Women's Aid chief executive, said:

Fundamentally, we would welcome any proposals that make women - and anyone involved in prostitution - safer, healthier, and more likely to enjoy a full range of human rights.

We believe that giving them access to safety, protection, healthcare and support, as well as economic independence are of paramount importance.

IUrquhart is now consulting on her member's bill.

Glasgow City Council has long been a hotbed of PC extremists who advocate that jailing men and destroying their families is a price worth paying so that councillors can feel good about their 'equality'.

Councillor James Coleman has called upon Justice Minister Michael Matheson to make a public commitment to target and challenge men's demand for paid-for sexual services. He said:

We support the current Human Trafficking and Exploitation (Scotland) Bill but believe it is limited by the fact it does not adequately address the cause of commercial sexual exploitation.

We are also fully supportive of the Scottish Government's 'Equally Safe' strategy, which recognises prostitution and trafficking as forms of commercial sexual exploitation that ultimately harm women.

The city council agreed to call upon the Justice Minister to address the issue of demand, and to introduce comprehensive legislation in Scotland to criminalise the purchase of sex and to decriminalise and support those exploited through prostitution. The motion, which was seconded by SNP group leader Susan Aitken, was agreed at a meeting of the full council.

Legislation to tackle human trafficking and better protect its victims will be debated by MSPs. The Human Trafficking and Exploitation Bill was brought forward by the Scottish Government to strengthen existing criminal law against the practice and enhance the status of and support for victims.

Moralist campaigners inevitably called for the buying of sex to be criminalised as part of the legislation. Churches and Christian organisations proclaimed that the Bill offers a golden opportunity to make the purchase of sex illegal.

But others such as Amnesty argue that conflating human trafficking and prostitution within one piece of legislation will not do justice to either issue.

Justice secretary Michael Matheson said earlier this year that he would meet campaigners on both sides before the Scottish Government comes to a final position on the matter. But after taking evidence from a range of groups and organisations, the committee concluded the legislation was not the right vehicle for addressing the issue of criminalising the buying of sex.