Research conducted at the University of Limerick and GOSHH Ireland, and funded by the Department of Justice and Equality and Anti Human Trafficking Department recommends the full decriminalisation of sex work and other changes to the 2017 Criminal Law Act.
The report, titled ‘I Must Be Some Person: Accounts from Street Sex Workers in Ireland’ is authored by 9 academics and activists, and was based on the interviews of 25 sex workers, 15 in Dublin and 10 in Limerick. Under the supervision of Dr Anca Minulescu, the research was ethically approved, as the methodology aimed to empower the participants with risk management and harm-reduction strategies, and to avoid perpetuating perceptions of exploitation.
Dr Anca Minulescu, lecturer in psychology at University of Limerick and author of the report, stated the data suggests “our current law on sex work negatively affects lives, safety, and wellbeing of sex workers. Portraying all sex workers in Ireland as ‘exploited victims’ and the way the gardaí are interacting with the street sex workers, contribute to violence and stigmatisation, this enables very serious incidents of Garda misconduct against sex workers, including sexual assault and verbal abuse, and false legal information surrounding sex work spread by others.”
The nature of sex work is dominated by socio-economic poverty and marginalisation, psychological trauma, and stressors which push street sex-workers into vicious cycles of addiction, homelessness and more trauma. Members of An Garda Síochána pose additional stressors for street and survival sex-workers, and are seen as untrustworthy, instead of being perceived as protectors.
12 of the workers interviews did not know that the 2017 Criminal Law Act moved the risk of prosecution from the seller to the buyer of sexual services. 9 out of 50 interviews mentioned incidents where officers of An Garda Síochána manipulated participants' lack of knowledge of the law and of their legal rights.
Interviewees explained that some police intimidated sex workers to move away from the space where they would normally stand while waiting for clients by threatening charges of solicitation or prostitution, thus making them believe they can be legally prosecuted for selling sexual services. These threats were successful because a charge of prostitution can ruin one's reputation and severely impact one's ability to perform parental duties.
5 of the interviewees said they had been sexually exploited by gardaí, while others were approached by gardaí “who were looking to buy sexual services”. Threats, degrading statements and embarrassing jokes were also reported by workers.
A sex worker who was a member of the steering committee for the research said the report showed that “sex workers in Ireland need protection from the gardaí and the only way to do that is decriminalisation of sex work”.
A garda spokesperson claimed that An Garda Síochána engaged with sex workers through welfare checks, adding that it aimed “to target persons involved in the purchase of sexual services and the protection of individuals engaged in the sex trade” when enforcing the 2017 Act.
The ability to work together to ensure safety was the most frequently mentioned problem that sex-workers wish to see changed in the law. Benefits of working together include finding safety in numbers and a more secure place of work. The current legislation on brothel-keeping has made sharing working space impossible.
The report provided recommendations to inform the review of the 2017 Criminal Law (Sexual Offences) Act. It suggests more supports, recognition and legitimacy must be afforded to sex work. Legal and policy discourse should not portray sex workers as victim of exploitation, and instead, they should be consulted in the drafting process of laws concerning their wellbeing.
The strongest recommendations relate to the full decriminalisation of consensual exchange of sexual services between adults, including the purchase of such services, accompanied by clarifications of the fundamental differences between sex trafficking, sexual exploitation and sex work. The report also recommended the end of policing of sex workers by An Garda Síochána, redirecting of An Garda Síochána funding to supports for vulnerable communities, and the implementation of a human-rights based approach in addressing the issues faced by sex-workers.
More details on the report can be found here.