clients

The women in this kind of drawing are often described as prostitutes (or loose women, with the same moral value), which would make all the men potential clients. Is that a useful way to think about this sort of socialising? At the time, patriarchy was an overwhelming determining reality in the Europe pictured. But even so, I think it’s wrong to reduce such a social scene to a one-dimensional story: Men Exploit Women. In the following story, an obviously impressive person (described as ‘one of the world’s most respected legal brains’) talks about trafficking in a similarly unuseful way. My comments in italics interlaced with excerpts from the story, with the emphasis on her implausible assumptions.

Inquiry into sex trafficking in Scotland wants to hear from men who use prostitutes

Annie Brown, 30 June 2010, DailyRecord

An inquiry into sex trafficking in Scotland is asking punters who use prostitutes to talk to them - in secret. Baroness Helena Kennedy, who is heading the probe, said men who buy sex can help build a realistic picture of the extent of the trade.

How, exactly? Does Kennedy imagine they will have more than what is called anecdotal evidence? Or is this about guys who surf escort sites, so she thinks clients will be able to provide numbers of how many sites or escorts or what?

Kennedy said: “I want to hear from these men. I need to hear directly from people who have experiences of trafficking. I think if you want to have a proper sense of the problem, it is better to hear from witnesses themselves directly. It might be they are men who have used prostitutes and they have had an experience where they have been with a woman who was clearly coerced into prostitution. We need help to understand the scope of the problem but those who can do that are often the very people who, through shame or fear, don’t want to step forward. We will guarantee them absolute anonymity.”

The inquiry is into ’sex trafficking’, so why does Kennedy want to talk with clients? As someone who understands legal language she must know that sloppy talk like this is confusing. Or does she think that clients meet people who’ve facilitated migrants travel? And why will talking to a few clients give her an idea of ‘the scope’ of the overall problem? On the contrary it will give her some anecdotes, a few new ideas about how it all works, a couple of leads.

She said: “Senior police officers do think that there has been a shift. Perhaps because men are travelling much more, certainly on stag weekends and buying sex abroad. They are experiencing sex in a more exotic way, activities that they don’t participate in with their wives and partners. It becomes something that they want here.”

This is irresponsible claptrap, castles in the air. Everyone is travelling more, yes. What does experiencing sex in a ‘more exotic way’ mean? Having it with foreigners in a foreign country? What ‘activities’ is she imagining they engage in that they never do in Scotland? And she’s totally guessing that then they ‘want it’ at home - there’s no evidence for that. I’m sure she thinks it’s common sense but it’s just imagination.

The demand for so many different nationalities is perpetuating the horrific trade in human beings. Kennedy said: “This is the underbelly of globalisation. The same things that make global markets work, make black markets work too. You get international crime now in a way that we didn’t have before. Everything is marketable and sadly that includes human beings.”

If Kennedy is doing research, why is she telling us the results beforehand? There is no huge body of evidence proving that men are ‘demanding different nationalities’. Liking the idea of having sex with different sorts of people, maybe?

The size of Scotland is one of the reasons for holding the inquiry here. It will be easier to get a country-wide picture because there are fewer police forces, social work departments and agencies which deal with trafficking. Kennedy said that, contrary to speculation, the inquiry wasn’t rooted in Scotland because we have a disproportionate scale of trafficking. . .

She realises a truly accurate picture is virtually impossible because trafficking is a covert criminal business. She said: “This kind of human rights abuse is like a poison. Trafficking leeches into our society as a whole. We want to identify ways in which it is happening and ensure that weaker members of society aren’t abused in this way.” . .

What does it mean for ‘trafficking’ to leach (not leech!) into society? Again, the results seem preordained.

Sweden’s The Local invited me to write on the government’s evaluation of the sex-buying law (sexköpslagen). I’m reproducing the article here minus stereotyped photo of woman’s high-booted legs in street at night with red overtones. It is very hard to illustrate these stories, I know, but I do feel the media could resist the worst cliches. These jolly masked men might be sex workers’ clients, as might this ashamed man be.

Big claims, little evidence: Sweden’s law against buying sex

Laura Agustín, 23 Jul 10, The Local

A new review of Sweden’s ban on buying sex has provided little hard evidence that the policy of prohibition has worked, writes Laura Agustín, but few politicians have dared to point out its obvious failings.

Every Swede knows that the famed law against buying sex – sexköpslagen – is a hot potato. Few politicians have commented one way or another on the evaluation of the law announced on 2 July, and only one government official claimed it proves the law is a success. Given that the report has been strongly criticised as empty of evidence and methodology but full of ideology in its very remit, debate has been curiously muted, even for the time of year.

At another period in history the sex-purchase law might have been considered a minor piece of legislation on a lesser social problem. Few people die, are maimed for life or lose their homes and jobs because of prostitution here; other threats to national security and happiness might seem more pressing.

But one feminist faction promotes the ideology that prostitutes are always, by definition, victims of violence against women. As victims, they can’t be criminals, so their side of the money-sex exchange is not penalised, whereas those who buy are perpetrators of a serious crime. This ideology, a minority view in other countries, predominates among Swedish State Feminists who claim that the existence of commercial sex is a key impediment to achieving gender equality. Such a dogma is odd, given the very small number of people engaged in selling sex in a welfare state that does not exclude them from its services and benefits. It is not illegal to sell sex in Sweden, just to buy it.

The evaluation leaned heavily on small-scale data about street prostitution, because that was the easiest to find. No one doubts that most street sex workers went somewhere else after the law came into effect, and no one knows where they went. But evaluators bolstered their case by claiming that street prostitution had increased in Denmark, where there is no such law, using information from a Copenhagen NGO whose inflated data was exposed in parliament last year. Street prostitution is known, in any case, to constitute a tiny, diminishing part of the whole of commercial sex.

The report confesses that ‘prostitution on the Internet’ was difficult to research but exhibits a poor understanding of the multiplicity of businesses, jobs and networks that characterise the sex industry. Asking police officials and social workers what they think is going on is no substitute for true research, and no academic studies pretend to know the extent of prostitution here. A government report from 2007 admitted it was difficult to find out much of anything about prostitution in Sweden.

The evaluation gives no account of how the research was actually carried out – its methodology - but is full of background material on Swedish history and why prostitution is bad. Only 14 sex workers were actually canvassed for their opinion of the law, seven of whom had already stopped selling sex. It is a rather pathetic display.

Several media commentators took the occasion to attack the law itself, since, despite regular government affirmations that the majority of Swedes support the law, opposition is fierce. In the blogosphere and other online forums, liberals, libertarians and non-conforming members of the main parties relentlessly resist a reductionist view of sexuality in which vulnerable women are forever threatened by predatory men.

But most politicians undoubtedly feel little good will come from complaining about legislation now symbolic of Mother Sweden. The Swedish Institute has turned the abolition of prostitution into part of the nation’s brand, what they call a ‘multi-faceted package to make Sweden attractive to the outside world.’ The SI, claiming to represent the most ‘socially liberal’ country on the planet, celebrates gender equality and gay love along with Ingmar Bergman, high technology and pine forests.

Sweden indisputably ranks high on several measures of gender equality, such as numbers of women who work outside the home, their salaries and length of parental leave. But other policies considered as part of gender equality are much harder to measure: cultural change, how people feel about sexual difference and, not least, the effect of a ban on buying sex. So it is hardly surprising that the government’s evaluation presents no evidence that relations between men and women have improved in Sweden because of the law. The evaluation’s main recommendation is to stiffen the punishment meted out to men who buy sex.

There was something new in Justice Minister Ask’s positioning of the law to the international media, however - a claim that it has been proved to combat organized crime, particularly the kind called sex trafficking. Citing no evidence, the report maintains there is less trafficking in Sweden because it is now ‘less attractive’ to traffickers.

Such naïve statements argue that without a demand for commercial sex there will be no supply, ignoring the complicated ways sex-money markets work in cultures with different concepts of family and love, reducing a wide range of sexual activities to an abstract notion of violence and brushing aside the many people who confirm that they prefer selling sex to their other livelihood options.

As for combating trafficking, there is no proof. Statistics continue to be a source of conflict in international debates, because different countries, institutions and researchers do not agree on what actually constitutes trafficking. It does not help that fundamentalist feminism refuses to accept the distinction between human trafficking and human smuggling linked to informal labour migration, as enshrined in the UN Convention on Organised Crime.

The Swedish government has proved nothing with this evaluation, and most Swedish politicians are keeping quiet, because they obviously know it.

No figure is feared and misrepresented more than a man who facilitates the sale of sex for other people. Massive anti-prostitution generalisations about exploitation too often shut down attempts to understand how sexual cultures work by accusing all facilitators of being exploitative pimps and traffickers and ignoring different contexts and different meanings of the acts for those involved. Whether you want to regulate the sex industry or get rid of it, you have to understand how its many manifestations work. I advocate a cultural study of commercial sex, which you can read about here and here (with links to academic articles, too). Note also that talking about the variety of experience and subtlety of meaning within sex-money exchanges does not imply that everyone involved is happy, satisfied, unexploited or anything else. That middlemen are sometimes fair does not mean all of them always are.

Here are excerpts from an academic study* of one small place, a truck-stop in southwest Uganda. The authors situate what some might see as a conventional prostitution economy within general sexual culture that involves third parties.

Mediation customarily plays a central role in regulating sexual relations in local Kiganda culture. In selecting a suitable spouse, introductions, the process of betrothal through to the hand-over ceremony, the senga, or paternal aunt, played (and still plays) a pivotal role as mediator .  .  .

They then show how the middleman is seen as useful by both buyers and sellers in the commercial sex market of the truck stop.

Passing truck drivers usually do not have the time to Žfind themselves a suitable woman for the night because most must leave early the next morning, so they turn to a middleman to get them a woman quickly.

The driver pays the middleman according to a variety of factors, depending, for example, on who took the initiative, and how satisfied the driver is with the woman.

When the driver and the middleman know each other, or get along well, no payment is expected, but a gift may be offered, or they might share beer together. The middleman accompanies the driver and personally introduces him to the woman.

The most important reason women gave for using an intermediary is discretion. Although everybody knows that serving beer and food and cleaning are not the only work the women in bars and restaurants do, it is still necessary to keep up a certain degree of formal decency in such small communities. . .  Decency is maintained by outward appearance: it does not matter how many partners a woman may have, as long as people cannot see her actually recruiting them.

The driver spends the night with her and gives her an amount of money which usually exceeds the amount which she would get from men she contacted herself. Afterwards she gives a small part of what she earned to the middleman to show her gratitude and in the hope that he will send more men to her in the future.

The women also mentioned that when middlemen are involved, they can expect to receive more money than from the men who approach them directly. In this way, they meet men who are better off, who can afford to spend something on mediation.

The women saw mediation as providing insurance when establishing contact with a customer, as the clients are seen as being socially indebted to the middlemen. The transaction is also clearer from the start: frequently the clients tell the middlemen to inform the women that ‘money is not a problem’.

*Gysels, M. , Pool, R. and Bwanika, K.(2001) ‘Truck drivers, middlemen and commercial sex workers: AIDS and the mediation of sex in south west Uganda’, AIDS Care, 13, 3, 373-385.

Before anyone claims these statistics on arrests of traffickers and clients actually mean something, read this, published at The Other Swedish Model the other day.

Swedish sex-buying statistics: What do they mean?

We live in times where crime statistics are often used to try to prove some social theory or another. Swedish police have just announced that lots more people were caught buying sex in Sweden this year. Those who dislike Sweden’s law against buying sexual services might be tempted to say that these statistics somehow prove that the law is dysfunctional (which might suggest it should be scrapped, for instance). Alternatively, those who like the Swedish law might say that these statistics prove that the problem of men buying sex is much huger and scarier than anyone knew before (which might lead to the conclusion that the law should be strengthened, for example). Both guesses would like to correlate two facts but do not prove any cause-effect relationship.

Does the increase mean more people are buying or selling sex? No. It means the government has injected a large amount of money into trying to find customers, pimps, networks, websites and traffickers involved in sex markets. The same happens with any social phenomenon when there’s an influx of money to investigate: investigators find more, which is often interpreted as uncovering a new, more sinister reality.

Swedish police themselves reject any such interpretation. Note, too, that the Skånian statistics are ascribed to surveillance of the Internet that police hadn’t carried out before. Note these numbers describe cases reported, nothing else. We don’t know how many cases had to be thrown out, were completely unfounded, etc etc.

Big increase in prostitution reports

27 Jul 10, The Local

During the first half of 2009 a total of 148 people were reported for paying prostitutes for sex. The number for the same period this year was 770. A large part of the rise – 430 cases – was due to the discovery of a major prostitution ring in Jämtland county, north-western Sweden. But even when these cases are discounted, the figures had more than doubled.

But police said the dramatic increase was probably not due to a sudden rise in the number of men visiting prostitutes. Rather, they credit increased measures to tackle prostitution and human trafficking. An extra 40 million kronor has been allocated this year to pay for training and strengthening of the police’s operations against the sex trade. “The figures are absolutely a result of the fact that the police have been given the means to dive deep into this,” said Chief Inspector Kajsa Wahlberg, who advises the government on human trafficking issues.

The national pattern was reflected in Sweden’s major cities. In Skåne, which includes Malmö, some 20 cases of paying for sex were reported during the whole of 2009. So far this year, 50 cases have been reported. There, the extra money has been used to increase internet monitoring of the sex trade, which has resulted both in more reports of people paying for sex and in a fall in street prostitution.

Västra Götaland, which includes Gothenburg, also saw a big increase in reports: “I wouldn’t say that everything is hunky-dory. But it’s a big increase and it’s clear that we can be pleased with the good results,” said Mats Palmgren, deputy head of the police in greater Gothenburg.

Louise Persson and I have published a piece in Svenska Dagbladet, one of Sweden’s major national newspapers. The topic was the government’s report evaluating the law against buying sex, sexköpslagen, issued recently and unsettlingly uncommented and uncritiqued in the mainstream media. There were ‘news’ stories, of course, reproducing the government’s line - publicity claiming the law has been proved successful. Given the very lively culture of debate in these same media on every other topic, the silence is noticeable. And given the unquestionable existence of a liberal/libertarian movement that hates the law and its ideas about sexuality and gender equality, one wonders what’s at work here: A genuine taboo? Gender equality such a sacred cow that everyone chooses to keep quiet about the report’s mediocrity? Sweden isn’t a police state and surveillance is low compared with the UK, for example. Critical blogging has been brisk, so what makes mainstream media commentators avoid criticising this evaluation, not on ideological grounds but because it is so badly done that it proves nothing at all?

That’s what we wrote about, the embarrassing lack of evidence to prove the law has had any impact at all on the buying and selling of sex. This is not an ideological argument; it doesn’t prove that the law is no good; it proves that the evaluation is no good. Significant because the world’s peabrained media have picked up the claim - Swedish Law Giant Success - without reading even the English summary of points that make it crystal-clear that evaluators couldn’t find any evidence of anything. That’s the story, and it’s one any researcher will appreciate!

The original is Tvivelaktig rapport om sexköp, Laura Agustín och Louise Persson, Svenska Dagbladet, 15 July 2010. Our own title was better, but it’ll be a cold day in hell when editors don’t think they can improve titles. Here’s the English translation Given a very small word limit, we could only mention key issues in a barebones fashion.

Doubtful report on sex-purchase law

Laura Agustín and Louise Persson, 15 July 2010, Svenska Dagbladet

Sex crimes go down in Sweden: The new evaluation of the law against buying sex is spreading the message round the world, but the report suffers from too many scientific errors to justify any such claim.

The report was delayed. It is hard to find evidence to explain why one can’t see sex workers where one saw them before: Have they stopped selling sex, or are they doing it somewhere else? Stigmatised and criminalised people avoid contact with police, social workers and researchers.

Street prostitution receives exaggerated attention in the inquiry, despite the fact that it represents a small, diminishing type of commercial sex that cannot be extrapolated to all. The inquiry mentions the difficulty of researching ‘prostitution on the internet’ but appears not to know that the sex industry comes in many different shapes being researched in depth elsewhere (escorts without websites, sex parties, strip clubs, massage parlours, students who sell sex, among others).

The report’s conclusion that the law has decreased prostitution is based on police reports, government-funded groups working on prostitution in three cities, a few small academic studies and comparisons with other Nordic countries. But police only encounter sex workers in the context of criminal inquiries, the funded groups mostly meet sex workers seeking help, small studies can only indicate possible trends and the Danish statistics on the number of ‘active’ street workers – used to show that Sweden’s prostitution is less - were publicly shown to be very wrong eight months ago.

The law is claimed to have a dampening effect on sex trafficking, but no proof is offered. Trafficking statistics have long been disputed outside Sweden, because of definitional confusion and refusals to accept the UN Convention on Organised Crime’s distinction between human trafficking and human smuggling linked to informal labour migration. The report claims the law diminishes ‘organised crime’ without analysing how crimes were identified and resolved or how they are related to the sex-purchase law.

All social research must explain its methodology. An evaluation like this one needs to provide details on the sample of people consulted, since even in a field as small as Sweden’s no study can pretend to speak to everyone. Methodological research norms require explaining how informants were consulted, under what conditions, what questions they were asked and how, what ethical apparatus was in place to help guarantee they gave their true opinions, how a balance of different stakeholders was achieved, how many people refused to participate, and so on. In this report, however, the methodology section is practically non-existent. We know nothing about how it the evaluation was actually carried out.

On the other hand, the report brims with irrelevant material: background on how the law came about, Sweden’s history with gender equality, why prostitution is bad, why international audiences are interested in the evaluation and how many Swedes are said to currently support the law. One single sex worker’s sad personal story takes up three pages, while the account of sex workers’ opinions is limited to the results of a survey of only 14 people of which only seven were current sex workers.

Research must try for some kind of objectivity, but the government’s remit to the evaluation team said that ‘the buying of sexual services shall continue to be criminalised’ no matter what the evaluators found. The bias was inherent.

The Swedish government understands that the law is of interest internationally as a form of crime prevention. What they don’t realise is how, when the report is translated and reviewed, the methodological errors and crude bias will cause researchers in the field to dismiss this evaluation.

The international trafficking debate has moved beyond the simplistic position presented in this report. More humility is needed from a small country with little experience of, and research about, undocumented migration and the sex industry. If one wants to present oneself as occupying a higher moral ground than other countries, one needs to do better work to understand complex questions. This evalution tells us nothing about the effects of the sex-purchase law.

We offered sources on the topic of flawed research not supporting extravagant claims in this field, but editors omitted them.

Socialstyrelsen. 2007. Kännedom om Prostitution. Another Swedish government report from just a few years ago that concludes little can be known about prostitution in Sweden:

Folketingets Socialudvalg, 20 november 2009. Socialministerens endelige svar påspørgsmål nr. 37 (SOU Alm. del). Question in Danish parliament about incorrect figures claimed for street prostitution.

IOM-SIDA. 2006. Trafficking in Human Beings and the 2006 World Cup in Germany. Swedish-funded research finding trafficking claims unsubstantiated.

BBC News Magazine. Is the number of trafficked call girls a myth? 9 January 2009.

United States Government Accountability Office. July 2006. Human Trafficking: Better Data, Strategy, and Reporting Needed to Enhance U.S. Antitrafficking Efforts Abroad.

Les Carpenter. 2010. Debunking World Cup’s biggest myth. Yahoo News, 10 June.

Svenska utdrag från Tvivelaktig rapport om sexköp

Laura Agustín och Louise Persson, Svenska Dagbladet, 15 July 2010

Den nysläppta utvärderingen av sexköpslagen sprider budskapet att sexbrotten minskar, men utredningen är behäftad med alltför allvarliga vetenskapliga fel för att man ska kunna hävda att lagen är framgångsrik.

Rapporten om sexköpslagen försenades. Det var svårt att hitta bevis som demonstrerar anledningarna bakom varför man inte ser sexarbetare där man sett dem förut: har de slutat sälja, eller har de flyttat någon annanstans? Stigmatiserade och kriminaliserade aktörer undviker kontakt med polis, socialarbetare och forskare.

. . . En grundprincip för forskning är att sträva efter objektivitet, men regeringens direktiv var: ”En utgångspunkt för vårt arbete har varit att köp av sexuell tjänst fortfarande ska vara kriminaliserat.” Det skapar läge för en partisk inlaga. . .

Vill man presentera sig med en högre moralisk nivå på den internationella arenan, krävs bättre underlag och förståelse för komplexa frågor. Den här utvärderingen säger oss ingenting om lagens effekter.

Wherever I go, wherever I live, I always meet people with critical, original and non-conforming views, and Sweden is no exception. Today’s special post comes from Louise Persson, whose book on ‘classical’ feminism came out last year and who has been blogging at Frihetspropaganda since March 2004. Her allegiance is to libertarianism, and she likes to call herself an activist. A longtime critic of the Swedish law criminalising the purchase of sex, Louise wrote the article below about the report on the government’s evaluation of the law, which was published on Friday. Links to numerous other Swedish critiques of the inquiry and report are at the end: many Swedes don’t like the law, but, since the government treats it as a symbol of Swedishness, these voices are rarely heard in public forums. Remind anyone of other governments we know?

Behind the happy face of the Swedish anti-prostitution law
Or, the success that is the Swedish sex-purchase law, or maybe not . . .

Louise Persson, 3 July 2010

‘We don’t work with harm reduction in Sweden. Because that’s not the way Sweden looks upon this. We see it as a ban on prostitution: there should be no prostitution‘, said governmental inquirer Anna Skarhed smilingly to the journalist attending the press conference on the release of the report on an inquiry meant to evaluate  the effects of the sex purchase law but not to question the law itself. And later: ‘Harm reduction is not the Swedish model.’ (long English summary pp 29-44, or key excerpts in English ).

Skarhed went on to say that prostitutes - women - are not marginalized. There are some who claim that, but ‘We don’t see that’.

The statement about harm reduction is highly interesting. A harm-reduction framework stands in opposition to moralistic laws, but Skarhed refused to acknowledge the law’s moral character, presenting it as merely a ‘ban’ on unacceptable behaviour. It isn’t really true either, that there is no harm reduction here. Sweden may be restrictive and repressive against users of illicit drugs and buyers of sex, but there are some pragmatic - harm reduction - programmes in Sweden. One might imagine that an expert on law appointed by government as an independent researcher would have some insight into the difference between pragmatism and ideology. You cannot assess the effects of the law without any understanding of harm reduction, it’s like assessing everything but the effects on the people involved.

The report’s claim that sexworkers are not marginalized is bafflingly arrogant, ignoring what many sexworkers say about how the law increases stigma and therefore their marginalization in society. See this video with Pye Jakobsson of Rose Alliance, as an example.

As a longtime critic of the law, I had low expectations, but this I didn’t expect: An astounding absence of objective and unbiased guiding principles, a lack of solid evidence and a confusing methodical picture that could mean outright guesswork. All the report’s conclusions are therefore questionable. I was prepared to focus on the fact that Skarhed wasn’t allowed to freely criticise the law, but the report itself is a worse problem. Now-familiar self-congratulatory references to Sweden’s higher moral ground compared with other countries are not missing: here the law is ascribed an almost magical power to eradicate patriarchy and sex trafficking, both.

‘Sources’ are mentioned, but absolutely nothing is explained about methodology. Sources mentions persons and organisations talked to, including ECPAT (although the child aspect of the law evades me) but there is nothing about how interviewees were chosen, why they were relevant, what questionnaire was used or how interviews were analysed.

Sexworkers themselves are listed as sources, but they seem to have been forgotten until quite late. They are called, in a discriminatory manner, ‘exploited persons’ (p. 126-127). A total of 14 persons from two organisations  filled out a  questionnaire: about half were active sexworkers from Rose Alliance, the other half former sexworkers from PRIS. The findings from this research were a foregone conclusion anyway: active sexworkers are said to be  unaware of their own exploitation and former sexworkers to be happy with criminalisation. The similarity is striking to the feminist idea that all women in prostitution need to be rescued and liberated. What Skarhed doesn’t mention is that PRIS’s very few members had already declared themselves in favour of the law. Rose Alliance, also a small organisation, have been critical of the law, but at least they made the questionnaire available online to any sexworker who wanted to participate. Few found it worthwhile, unfortunately.* The issue here is that it is inappropiate to take two small, local organisations and claim they represent all active and former sexworkers.

Maybe suspecting the report will be taken as the ridiculous rubbish it is, Skarhed chose to publish a long, personal, heart-rending ’story‘ of one unhappy former prostitute. The implicit (ridiculous) rhetoric aimed at anyone criticising the law is ‘Hey, are you in favour of this suffering?’ But this strategy won’t hold up, because Swedes know that all sex workers are not miserable. Where the text says ‘people with experience of prostitution have complex needs’ (p. 93), Skarhed actually refers to this single story, as if all sex workers can be lumped together as miserable victims?. The text itself was written by PRIS, another indication of the report’s political agenda.

Moreover Skarhed claims (in chapter 4.3) that, on the one hand, they haven’t a clue about how many sexworkers there are in Sweden, and, on the other, that the law has successfully reduced street prostitution by 50%. But she also said the increase of services offered on Internet sites is no different from nearby countries’, from which she concludes fuzzily that this shows that the law has not contributed to any increase in ‘hidden’ prostitution. This is clearly an attempt to head off arguments from the law’s critics. The only actual conclusion is that the decrease of street prostitution in Sweden is a real decrease resulting from the law. Causation by confusion? It is indeed remarkable what conclusions can be drawn based on not having a clue, i.e any figures, a point already noted in another government assessment of prostitution in Sweden in 2007 (Socialstyrelsen-National Board of Health and Welfare).

Maybe there is a state of mind that can explain this. Skarhed stated at the press conference that the conclusions were obvious and the material gathered justified drawing them.

I think that these are quite obvious conclusions. But the important thing for the inquiry has been to try to, so to speak, get the basis for being able to draw them. And this is how we have worked.

That is a statement which in itself should raise serious questions about the methodology and empiric usefulness of the inquiry. The report also says (and this is the closest we get to a discussion of methodology):

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.

Another explanation lies probably, and most importantly, in the government’s original directive to Skarhed: the objective was to evaluate whether the law has had any deterrent function, which was the original ambition behind the law, and to recommend how it could be strengthened to meet that ambition. The directive stated that the law is important and that the inquiry could not suggest, or point in any direction other than, that buying of sex should be criminalised. Therefore, whether the law has been up till now a failure or a success, the only possible conclusions were either strengthening enforcement or leaving the status quo.

Academic work criticising the law from Susanne Dodillet in 2009 is merely mentioned in the reference section; nothing is noted about her findings in the report itself. The same applies to Petra Östergren, who pioneered a critical study and book in 2006 about the sexual moralism surrounding the kind of feminism that lies behind the Swedish law. Both are indirectly brushed off in a comment saying it is irrelevant to distinguish between forced or voluntary prostitution (p. 15). By including these books in the reference list but not actually addressing their criticism the report can, of course, feign impartiality without actually bothering to be impartial.

The evaluation’s task was to suggest possible changes to the law, and that is accomplished by proposing to raise the maximum penalty for clients of sex workers from 6 months to one year of imprisonment. Another suggested change was to grant sexworkers compensation as victims, which is currently not the case.

These changes in penalties would bring the law into line with those applied for violent crimes such as beatings, fitting exactly the radical feminist ideology that prostitution is a form of violence against women. The idea to compensate sexworkers as victims of violence was originally Catharine MacKinnon’s, thus far only supported in Sweden by the Swedish Feminist party (they published on newsmill together with MacKinnon in 2008; my Swedish response here).

Skarhed’s recommendations raise serious questions about her status as an objective observer. The fact that the quality of the inquiry was so poor makes it even more important to raise them.

With all that said, the inquiry does have one more point of interest that should be addressed.

It is claimed that trafficking for sexual purposes has been affected by the law. Yet again, this is based on the ‘notion’ (what people think and claim) that Sweden is not attractive to traffickers. This may very well be true, but the report does not ask how the law might have had this impact, with some historical comparison, since we don’t know whether Sweden ever was attractive before. The same kind of question applies to prostitution, but that would raise the need of hard figures, not easily obtainable in a country where prostitution is, in practice, criminal.

The inquiry now goes into a referral process, to get different opinions before making any decisions for a change of law. I hope the organisations, experts and authorities who are to assess the report see it for what it is, an ideological work in compliance with a preordained political stance (to ban a phenomenon), not a sound and helpful instrument for assessing the real effects of the law.

* I asked Pye Jakobsson, president of the Swedish sexworker organisation Rose Alliance, about her contact with the inquiry. She says they were sent a questionnaire last January and put in online, but very few sex workers took an interest in filling it out, because the questions were ‘idiotic’.

Other critiques in Sweden so far

An academic project on prostitution, NPPR, published a careful assessment of the report (in English), calling it endless fodder for proponents and critics of the ban alike to continue trading claims and counter-claims as to what the ban has (and has not) achieved since its implementation. A perhaps needlessly neutral way to say that it isn’t that hard to see the flaws. Other independent views from Hanna Wagenius, Niklas Dougherty, Sanna Rayman, Per Pettersson, Greta, Magnus Brahn, Hans Egnell, Emil Isberg and undoubtedly others as the days go on. Best title is Helena von Schantz’s: Practically Evidence-Free Inquiry. <-->

On 2 July 2010 I published excerpts from the English summary of the Swedish government’s evaluation of its law banning the buying of sex, just to make the material available. I’ve now removed those excerpts to avoid any impression that I accept the evaluation report at face value. On the contrary, I have published extensive criticism of the evaluation:

Big claims, little evidence: Sweden’s law against buying sex

Irresponsible use of trafficking data, or: Garbage in, garbage out

Doubtful report on sex-purchase law, Laura’s article from Svenska Dagbladet

Smoke gets in your eyes: Evaluation of Swedish anti-prostitution law offers ideology, not methodology

Swedish report based on wrong Danish numbers for street prostitution

Behind the happy face of the Swedish anti-prostitution law

The other day, in a story about typical ‘police crackdowns’ on prostitution, this time in Montreal, a local policeman said ‘It’s businessmen and people going or coming from work and sometimes they have baby seats or car seats in the car.’ This led to a discussion amongst people I know about what baby seats might represent.

The first comment was

I would really like to say that I am hearing this ‘baby seats in the back of the car’ all the time as another way of making sex work and customers more scary and deviant sounding. Seems to be the logic is ‘baby seats’ stand in for ‘children seeing sex/being exposed to sex’ but would love to yell, ‘Hey you conservatives/police even if the customer has an empty baby seat in the car… it’s an empty baby seat! There is no baby in it!’

I answered that I have always heard this babyseat detail to stand for He is married, has a family, is betraying his wife.

To which the reply was

It makes sense to me that it would also be about ‘betraying the relationship’, but they harp on about the baby seats so much that it makes me wonder if it’s about children somehow.

So then I said one might say the client is Betraying the Family: his own and the whole institution. The babyseat means he’s not just a couple now but an institution himself.

Another commenter added

I also heard an economical argument to it. It is ‘wrong’ to use the ‘family money’ to buy yourself sex services, if you are are part of a middle class or poor family.

And yet another said

I take it to mean He’s just a schlub. He’s just another ordinary guy, could be anyone.

I wonder if it seems better or worse to people if the car - and thus the baby seat - are more costly and prestigious, as with this Mercedes Benz.

Is it way scarier because the seat is located right next to the driver??

Then came a new angle

My experience is cops use babyseats as a prop when soliciting/ communicating for purpose of prostitution to put girls/women at ease so she will think this guy is married so he will be safe, quick, and has a lot to lose so he will behave.

Baby seats as part of a sting - now that is abuse of family. Then the original commenter remembered a book where baby seats and sex workers figure in a story about

a Saudi prince in New York City, who enjoys driving around at night and picking up prostitutes while his 2-year-old son is sitting in a car seat in the back, so that the kid can learn from his father what women are really like in his eyes and how they should be treated by those in power. Basically, what it comes down to is that the prince hates women and wants his son to grow up hating them, too, so that he treats them all as objects and with no respect. - Wayne C. Rogers, The Book Nook

Here is the original story, complete with Rescue Industry tracts on the evils of buying sex.

Montreal police target prostitution

14 June 2010

Montreal police say they will hand out pamphlets explaining the dangers of hiring prostitutes. Montreal police have announced an action plan to crack down on prostitution in the city’s east end. The plan involves targeting potential clients, officials said on Monday. Six additional police cadets have been hired to patrol Ste-Catherine Street East, said police.

Officers will also set up roadblocks to hand out pamphlets, warning about the consequences of hiring prostitutes. Most of the prostitutes’ clients are not people who live in the neighbourhood, said Montreal police Cmdr. François Cayer. “In general, it’s common people,” said Cayer. “It’s businessmen and people going or coming from work and sometimes they have baby seats or car seats in the car.”

The problem in the Mercier-Hochelaga-Maisonneuve borough has worsened recently due to construction projects in the city’s new entertainment district, said local officials. “You will find a lot of prostitutes, probably those prostitutes worked usually in the Quartier des spectacles and they are now in Hochelaga and we cannot accept that,” said Mercier-Hochelaga-Maisonneuve borough Mayor Réal Ménard. So far this year, police said they have arrested 74 clients.

Dopamine, a local group that works with prostitutes, said it is not fully on board with the project. The organization would prefer sex workers be given access to additional services, a spokesperson said. The borough said it wants to open a drop-in centre for prostitutes in the coming years.

I wrote the following piece after some welcomed a parliamentarian’s suggestion that Sweden change to a regulatory regime that looks more like the 19th century than any progressive proposal for better Gender Equality. It was published at The Other Swedish Model. Note: sexköpslagen is the name for the Swedish law, meaning sex-purchase law or law on buying sex. Also note that the evaluation of the law, originally expected at the end of April, has been delayed.

Women are not children – remember? Flawed ideas about improving the sex-purchase law

Photo of Arhus brothel by Claus Petersen

Laura Agustín, 17 June 2010, The Other Swedish Model

Does sexköpslagen, the law against buying sex, work or not? Everyone wants to know. Camilla Lindberg is right that talking about the possibility that the law does not work is taboo in Sweden. The government’s official evaluation of the law has been delayed, probably because it has not been easy to find evidence to demonstrate the reasons behind an absence. That is, you may look around and not see sex workers and their customers where you did before. But you cannot know whether they have stopped buying and selling sex or, if they have not stopped, where they have gone.

Evaluators will question police and social workers, and maybe get to speak to a few sex workers, but none of these can give an overview of sex markets that operate via private telephones and the Internet, in the privacy of homes and hotel rooms. And evaluators certainly cannot say how many people are doing what. Street prostitutes are estimated in some countries to constitute less than ten per cent of all sex workers, so, even if there are few left to see, 90% are unaccounted for. When businesses that sell sex are outlawed, they hide, so government accountants are unlikely to find them – and, after all, many are just individuals working alone.

But if we want to discuss the whole sex industry more openly, we should not focus on the concept of brothels, as Lindberg suggests – particularly not on the idea of health checks for workers. This 19^th-century French idea could not be more patriarchal and thus the very opposite of jämställdhet, sexköpslagens guiding principle. Basic common sense tells us that, if disease-transmission is a concern, all parties exchanging fluids have to practice safer sex – not ‘be checked’. And although laws in the Netherlands, Germany, New Zealand, Nevada and parts of Australia allow and regulate brothels as one form of commercial sex, many people who sell sex in those countries prefer to work on their own, in small groups in flats or – yes – on the street. In France, organised sex workers vociferously oppose a proposed return to the old system of maisons closes with health controls that stigmatise prostitutes as (female) carriers of sexually-transmitted diseases.

Draconian legislation does not make sense because no single law can do justice to everyone who sells and buys sex, whether they are Swedish, other European citizens or migrants, and whether they are women, men or transgendered. The enormous variety of jobs and personal histories involved cannot ethically be reduced to ideological categories: neither free nor forced describes the complicated life histories of most people who sell sex. Neither exploiter nor violent describes those of all people who buy it.

After 15 years of studying the variety and multiplicity of the sex industry and the social conflicts surrounding it, I do understand the utopic vision behind sexköpslagen: a desire that commercial sex would simply go away, that men and women would have equal opportunities, power, money and everything else – and that everyone would have good sex. Whether such a utopia can be achieved through legislation I personally doubt; sexual markets have shown themselves to be extremely tenacious over history and efforts to prohibit particular sexual behaviours have not prospered.

Debates about legislative models focus on a simplified idea of prostitution and date from times when women were seen as subordinate, when men were allowed to control their destinies and when disease was conceived as someone’s fault. All such ideas are now passé. Women are understood to be autonomous actors, with responsibility for their actions. Sexköpslagen conceives of one group of women as inferior and needing protection. Lindbergs brothels conceive of them as needing to be specially controlled. But neither are adequate ways to think about the diversity of people involved – and when it comes to safety not everyone wants to be protected the same way.

Sexköpslagen was envisioned as a way to legislate jämställdhet – ’send a signal’ about what is right and wrong in sexual relationships. The problem is it requires all women to feel the same way about sex. Nowadays, arguments about sexual behaviour revolve around rights, the idea that people can choose for themselves what activities they want to engage in and with whom. As we come to understand the enormous diversity of sexual desire, so we need to accept that, for some, money has no special ability to ruin the experience. Everyone doesn’t feel the same way about sex: it’s an anthropologist’s truism but nonetheless true.

For those interested in women’s rights, the question is how to promote the autonomy of as many women as possible, not the achievement of laws that embody some correct ideological stance.

‘This decree brings about gender equality in our criminal justice system.’ - Attorney-General and Justice Minister Aiyaz Sayed-Khaiyum, on Fiji’s new prostitution laws.

So it turns out to be easy to bring about Gender Equality! Just pass a law saying that the buying of sex is a criminal offence and voilá, Women’s Rights are ensured.

Although simple hatred of prostitution is still given as enough reason to institute these laws (see comments in Israel’s Knesset last January), Gender Equality is increasingly given as the argument for legislation aimed at men who buy sex or facilitate its buying and selling (the vague categories pimps and traffickers).

As laws, they are difficult to enforce: it’s too hard to get the evidence to prove most cases and no police force is granted the immense funding that would be necessary to pursue every possible instance of sex-buying, and keep at it over and over, until consumption theoretically ceased. Socially, the laws probably just move transactions to less visible venues. And as possible promoters of cultural change, which is what people really want, these laws are impossibly crude (prohibiting people the fulfillment of their desires rarely works). All of which those in favour of these laws know on some level. But as symbolic moves aimed at performing Gender Equality, anti-demand laws capture the imagination across the globe. 

Now, coming back to Fiji, here is the analysis of an economist there:

‘Prostitution is a social redistribution mechanism, and to try and forcefully stop it can lead to some dire consequences. ‘- Sunil Kumar, a senior lecturer in economics at the University of the South Pacific, Suva

‘While prostitution is looked down on by society, there are some positive outcomes from it that cannot be denied.’ He cites the example of single mothers who do not earn enough from regular work, or those who do not receive state social support. Some of them turn to sex work to feed and educate their children, he says.

The new decree now targets people who hire sex workers and all those who benefit financially from the trade. Even those living with sex workers are now liable under the new law, which took effect on February 1. Section 230 of the law’s prostitution offences says that a person living on sex-work earnings or persistently soliciting faces a jail term of up to six months. ‘Selling or buying’ minors for immoral purposes is now punishable by 12 years’ imprisonment. Brothel keepers face five years of imprisonment as well, or a fine of F$10,000 (US$5,000), or both.

Do Fijians feel more equal now, I wonder?

More at Fiji: Law enforcement approach to sex work falls short, Shailendra Singh, 12 April 2010, InterPressService News