Tag Archives: gender equality

Sexbuyer laws: War on clients, says Israeli MP

Sexbuyer laws now exist in eight countries at the national level: Israel, France, Canada, Ireland, Northern Ireland, Iceland, Norway, Sweden. I use the term sexbuyer laws because in mainstream news ‘Nordic Model’ appears more and more frequently in its fundamental meaning: a kind of social democracy Nordic countries generally espouse. And also because the legislation no longer attaches to any region, rather pointing to a vision of Gender Equality focussed on universal symbolic meanings. Prostitution appears to be the most powerful symbol of women’s oppression this vision knows, and laws to punish men who buy sex are currently its most popular goal. Such a campaign has just succeeded in Israel.

MP Shelly Yachimovich commented the war on the clients of prostitutes is similar to the war on slavery and the freeing of slaves, no less.

It’s not the first time war has been mentioned by campaigners against prostitution. In 2011 I said in The Bad Vibrations of Anatomical Fundamentalism I feel like the veteran of a long, drawn-out war. I first knew it as the War Between the Sexes… Now it feels like a World Gender War, in which a small number of women endeavour to bring all men and all disagreeing women to their knees.

With talk of war we leave conventional liberal justice-discourse deploring prostitution as violence against women. Yachimovich’s comment wants to increase the symbolic weight of anti-prostitutionism by invoking war and slavery. This has been done in the US by Rescue-Industry figures engaged in raising their own status: See The Thrill of Rescue, in which an NGO head says:

… Growing up just after the 1960s I feared that I had missed my chance to take part in the most important movement in our country. I now know that I have found my place — and that all of us can step up and join a movement that matters. This year, I became CEO of The Global Fund for Children… The torch has been passed to us. Putting an end to modern day slavery is our civil rights movement. Now it’s our time to make a difference, and we must continue to work together to ensure that people everywhere are free.

Years later I continue to be struck by this individual’s fear she might ‘lose out’ if there were no transcendent cause to devote herself to; is this what the true ‘social-justice warrior’ needs to exist? You might think the desire to grant meaningfulness to one’s life is harmless, but when one’s driving an NGO, ‘non-profit’ status fails to describe the benefits that accrue to those claiming to help, save, lift up and enlighten.

The desire to help may be sincere, but when observing a longterm mess like prostitution policy it’s essential to take into account how helpers benefit themselves. See The Construction of Benevolent Identities, the archtype of which you see in the picture of a nurse with her lamp. Woe betide anyone who doubts this kind of helping. MPs campaigning for a law reap prestige that aids their careers.


 
I think of sexbuyer laws as ‘European’ in style, and certainly the rhetoric and actions taken by Israeli campaigners align with a vogue in which young women demonstrate against prostitution. In one protest women put themselves on display in a shopping mall complete with descriptive price-tags. Israel’s Law Against Prostitution Heralds a New Era of Gender Equality booms a headline. But another title noted Israel joins small club of nations, evoking a Euro-elitism in which equality is not exactly the goal.

Israeli news items mention government-backed research released in 2016 in relation to the legislation. The report describes workers in various sectors of the sex industry in three cities via a standard sociological survey. There is nothing surprising in it. More than half the sexworkers came to Israel from another country, which is unremarkable in the Mediterranean context. All the research does is demonstrate the existence of a sex sector providing jobs to women, with stories of how they needed money and couldn’t find better jobs. You can read a short description in English of the research results but note the twist when they say ‘economic hardship’ is prostitution’s cause and prostitutes ‘could not stop’. It’s a way to make money many take as preferable to other options; it’s work.

Two points are interesting to me. First, interviewers were recruited through an entity called Awareness Institute for the Fight against the phenomenon of prostitution, which means inevitably they were biased. Even when only reading questions from a form, interviewers transmit attitudes interviewees detect and may respond to – either by refusing to say much or by providing answers they think interviewers will like. There’s no way to know, but it’s a flaw and odd the investigating team didn’t explain it. They did comment on possible bias because only male interviewers were allowed into most brothels to talk to workers. For my money, the anti-prostitution defect is greater.

Second, in a not new but currently unconventional wrinkle, the law criminalises the fact of simply being in ‘a location chiefly used for prostitution’. Perhaps it’s meant to make the whole business easier, since sexbuying charges are notoriously difficult to prove. The state stands to make a lot of money in fines if patrons continue to visit (fines only are the penalty). If they don’t continue to visit, what happens to sex workers trying to make a living? Sure, ‘rehabilitation and reintegration’ are part of this sexbuyer law, but – need I say again how fruitless such efforts always are? Never mind, symbolic helping has once again been done.

—Laura Agustín, the Naked Anthropologist

Sex workers may unionise – but can prostitutes? The case of Sindicato OTRAS

Last week a Madrid tribunal declared that sex workers can unionise but prostitutes can’t – or that’s what it comes down to. Sindicato OTRAS was granted conventional union status in the summer, having filed the necessary paperwork. But when the news got out, scandalised politicians vowed they wouldn’t allow it, because the current government has declared itself abolitionist. Before long, several women’s organisations in different parts of Spain had put together a lawsuit against the union, on the grounds that prostitution can’t be a job (because it’s violence against women, slavery and so on). I’m simplifying, but believe me, you don’t want to read the convoluted legal language involved.

I spent two evenings with members of Aprosex in late May in Barcelona, one of them a conversatorio with me and many enthusiastic participants held at the headquarters of t.i.c.t.a.c. Shortly afterwards, Aprosex filed papers to become a union: Sindicato OTRAS (Organización de Trabajadoras Sexuales). Sex workers who call themselves anything are welcome: cam-girls, phone-sex operators, strippers, porn actors, bar hostesses, escorts, workers in flats. Some of these offer services many consider to be prostitution.

Job-titles don’t say everything. Some who’ve embraced the term sex worker hate the word prostitute, but a lot of others comfortably use it, especially in Romance languages. A recently-formed group call themselves Colectivo de Prostitutas de Sevilla. The whore-word puta is in process of reclamation, appearing on banners as you see above. Some feel okay calling themselves sex workers as long as it’s clear that they aren’t prostitutes. The paperwork for OTRAS referred to sex work in all its forms, which abolitionists immediately interpreted to mean prostitution: the thing they love to hate.

I don’t need to describe the arguments made by the women’s-group plaintiffs; they are well known. I note their horror that prostitutes, who exist because of patriarchy, can argue that a union will combat it. I have written about anti-prostitution ideas many times, last in The New Abolitionist Model.

But the specific Spanish legal context determined how opponents could argue a lawsuit. In the Penal Code prostitution is not defined as illegal, which rights activists complain leads to alegal status that disadvantages sex workers. You may well think that if an activity is not prohibited or defined as wrong in law then it must by default be considered part of ordinary (legal) life. But the ambiguity has been exploited to claim that if prostitution is not defined as legal work by law and listed in a national register of occupations then it can’t be a job. Porn acting and web-camming might be. The term sex worker seems not precise enough to be, and anyway abolitionists read it as a euphemism for prostitute.

However, it’s more complicated than that. Amongst jobs that are listed in the national register is work in clubes de alterne, bar-venues with private spaces in the back or upstairs for workers to take clients for sex. The word alterne, from the verb alternar, refers to socialising and drinking with customers, and chicas de alterne is a common euphemism for women who work in clubes de carretera, hoteles de plaza, casas de citas and puticlubs – all names of public businesses that may get called brothels, but they may also have a lot more going on in them: films, shows, dance-floors, jacuzzis, who knows what else in a place like the one above in Málaga. Businesses you can call brothels also exist in residential buildings. All these are legal. I wrote more about them in The Sex Industry in Spain. In other parts of the world chicas de alterne are known as bar girls or hostesses.

The Audiencia’s decision noted there would be no problem if chicas de alterne wanted to unionise on the basis of their work socialising. They also do prostitution? No problem. If you find this bizarrely contradictory, consult the Mad Hatter – he understands perfectly. Loopholes like these provide endless paid occupation for lawyers and campaigners like Plataforma 8 de marzo, Comisión para la Investigación de Malos Tratos a Mujeres and L’Escola: women’s organisations who took Sindicato OTRAS to court.

In this case they made many familiar claims about prostitution being violence against women and an obstacle to equality, citing Spanish legislation. They leaned heavily on arguments about trafficking and prostitution being inseparable, quoting EU and UN declarations. But they also claimed that prostitution’s not being an occupation inscribed in Spain’s national job register means that those who practise it can’t be workers because their job does not exist.

Further complications relate to the requirement that workers forming unions need to have the status of employees in a setting where employers define and regulate their work. In the case of prostitution, plaintiffs argued, this would mean managers telling prostitutes how to have sex with clients, which they don’t do. To underscore their point claimants expressed outrage at the possibility that bosses and workers might be able to damage the highly personal nature of sex (personalísimo). The way these repressive arguments opportunistically use the principle of sexual freedom frankly makes me sick.

Requiring workers to assume self-employed status is common practice in sex-industry businesses in many countries, allowing bosses to avoid accusations of pimping and also avoid providing decent working conditions. Being self-employed means workers have no right to negotiate terms or problems in what obviously are workplaces. Individuals may complain to bosses, but only trade unions have the ability to negotiate formally with management without being ignored or simply dismissed. Nota bene: Caveats apply. There is no one meaning to the term trade union, and national contexts differ. Freelance/self-employed/autonomous workers are generally excluded, but new unions want to change that.

OTRAS will appeal to the Supreme Court and meanwhile, despite misleading press headlines, have not been declared illegal. The Audiencia’s decision annulled the group’s statutes (by-laws) but hasn’t the power to dissolve the union (the whole long cryptic decision is at the bottom of the previous link). El Diario did better on the decision than most media outlets.

Everyone wants to know why the association of sex-business owners is allowed to exist. ANELA was inscribed in the national register of associations in 2004, defining their activity as dispensar “productos o servicios” a terceras personas ajenas al establecimiento, “que ejerzan el alterne y la prostitución por cuenta propia”: provide products or services to self-employed third persons… who practise alterne and prostitution.

It is interesting that ANELA’s first attempt to register was also frustrated by the mention of prostitution. Told to remove it because it isn’t legal employment, they refused, citing a 2001 EU court decision that prostitution may be an economic activity for self-employed persons, in the absence of force or coercion. In the same Audiencia (Sala de lo Social) where the case against OTRAS was held, ANELA was initially refused inscription. They appealed to the Supreme Court and won, judges saying that providing the conditions for prostitution to take place doesn’t necessarily make an owner a pimp (proxeneta). Go figure.

Meanwhile, if you weren’t already dazed by contradictions, another sex workers’ union opened this past summer, also in Barcelona. Unión Sindical de Trabajo Sexual was founded as a branch of the already-existing Intersindical Alternativa de Catalunya, and moral crusaders have no argument with it. Not because of which job-titles the workers claim but because, as a branch, they are not a separate autonomous legal entity. I know – it just doesn’t add up.

Enough. I’ve understood for many years that the term prostitution can never be pinned down. It isn’t ‘just a word’: its meaning is far from obvious; its connotations reach deep into patriarchal mechanisms for keeping women down and divided against each other. The comfortable middle-class Spanish feminists desiring to bring down a trade union for sex workers perfectly prove the point. In Prostitution Law and the Death of Whores I went into this in detail.

When I was revising this I saw I hadn’t tagged for Rescue Industry. The hostility of government spokesfolk and organisations that agreed to do their dirty work goes beyond any pretense to be helping and saving. This is about upholding the status quo for a small but influential cadre of privileged women who believe that they Know Best about everything under the sun. Patriarchal hierarchies work for women at the top.

Some things I’ve written about Spain, in English (note Spanish at the bottom):

A novel, The Three-Headed Dog, is set on the Costa del Sol and Madrid, amongst migrants doing various kinds of sex work. In the sequel the setting moves from Galicia through Málaga to Calais and London.

The Sex Industry in Spain: Sex clubs, flats, agriculture, tourism

Highways as sexwork places, with chairs

Who are migrant sex workers?

Sexwork and migration fiction, part 2: Jobs in the sex industry

Change the world by getting men to stop buying sex: Spain

In Sex at the Margins: Migration, Labour Markets and the Rescue Industry, the field work was carried out in Spain.

Lista de publicaciones mias en castellano

—Laura Agustín, the Naked Anthropologist

Grid girls and the Presidents Club: Women and sexist jobs

In 1995, my friend’s 17-year-old daughter Ermina was looking for work in Santiago, Chile. The obvious job available to her was posing in a short skirt beside cars or washing machines in public showrooms – standard promotional technique to this day. What made her hesitate? Girls who took those jobs in Santiago were assumed to be loose – no better than they should be. She might ruin her reputation whether she went on to do more than pose or not. There were also jobs in coffee bars, but they carried an even graver stigma. But Ermina didn’t want to follow in the footsteps of her mother and aunt, who had both migrated to Madrid to work as live-in maids. This was the kind of story I ran into everywhere in Latin America amongst poorer people back in the 90s, and is why I ended up writing Sex at the Margins.

Recently jobs like these have been in the news in the context of the #MeToo movement against sexual harassment but they also appear in long-running campaigns against prostitution and trafficking. All objections are increasingly positioned as evidence of Gender Inequality. I thought about writing this post after an event called the Presidents Club got undercoverage – a Financial Times reporter got a job as hostess. Scandal was provoked by revelations of the conditions of work for hostesses – conditions that have been conventional for aeons and most people know about. For those interested in labour rights, reports of low pay and a requirement to sign non-disclosure contracts stood out. For those who felt scandalised, it was having to wear skimpy frocks and accept being groped.

These jobs are widespread, because sexism is everywhere, because women without a lot of education and training have few options for work and because some women like hostess or modeling-type jobs better than whatever others are available. I understand why successful middle-class women denounce the existence of this work. I know this is objectification of women’s bodies and appearance, you don’t have to tell me. But what does it mean to call for their abolition except fewer jobs for women? And although the denouncers are appalled, many other women like or don’t much mind this way of making money.

The Presidents Club got much publicity because it’s an event for elite men. A class issue, as though those men ought to be better than others? Consider what happened ‘lower down’ the culture hierarchy.

Formula 1 ended its tradition of using grid girls because ‘it was at odds with modern societal norms‘.

The men drive the cars, they make the cars, they fix the cars and the women handed out drinks, refreshed the buffet… The grid girls would be led out, a bit like prize cattle, just before the race and stand on the grid where the cars are, with an umbrella or a number of which position the car was in. They would have their bottoms pinched by the mechanics, there would be photographers sat on the floor behind them, taking pictures of their bums, or up their skirts. They had to giggle and pretend that was OK. – broadcaster Beverley Turner

But grid girls protested.

Note the numbers for that tweet – and it wasn’t the only one, and Cooper wasn’t the only tweeter.

In the world of competitive darts, before this trend reports could say ‘stunning walk-on girls provide some much-needed glamour… The lovely ladies have the important job… to provide a key element to the festive entertainment.’

But now the Professional Darts Corporation announced it would end using walk-on girls who accompany players to the stage and hold up score cards. Announcing a protest in Birmingham, the owner of Dream Street Models and Events said, “If they’re banning us at F1 and darts, what’s next? Where’s it going to stop? Will it be boxing, Superbikes, the stands at NEC shows? Most of my models do promotional work, for some it’s a part-time job, but for others it’s their full-time living.”

The Women’s Sport Trust said: “We applaud the Professional Darts Corporation moving with the times and deciding to no longer use walk-on girls. Motor racing, boxing and cycling . . . your move.”

In parts of Asia beer girls (or promotion girls) are paid low wages to jolly male customers into ordering a particular brand of beer. Surviving from tips and working long into the night, they too have been named as improperly exploited by a funder.

The mostly young drink promoters are paid low wages — and work for tips, largely from groups of intoxicated men — to push certain beers in bars. Global Fund announced on Thursday in a statement that it was suspending its partnership with Heineken “based on recent reports of the company’s use of female beer promoters in ways that expose them to sexual exploitation and health risks”.

Exposed by hanging around drinking men and possibly having sex with them possibly for money that lifts them from survival-mode? A lot of women consider this a desirable job. Do you want to add ‘are forced to’ consider it desirable? Ok, but desire counts – don’t tell me you Know Better than they how they should feel and act.

Then there was MIPIM, an annual conference for property people that draws sex workers, an unremarkable fact that contributed to demands for more equality for female delegates at the conference.

Tamsie Thomson, the director of the London festival of architecture, said the Presidents Club scandal had “just scratched the surface of the discrimination and harassment that women and other minorities are routinely subjected to in our industry”. Thomson launched the “the elephant in the room” campaign to encourage women and others to challenge any inappropriate or uncomfortable behaviour and distributed pink elephant badges to raise awareness.

The event and sector are obviously mired in sexist practices, including holding events where only male delegates feel fully welcome. But there’s a disquieting tendency to imply that the fact sex workers might be there somewhere is evidence of Something Being Very Wrong. “What other industry on the face of the earth in 2018 needs to remind businessmen that they can’t bring prostitutes to an industry conference,” asked Jane, a 29-year-old delegate from Manchester. “That alone tells you how backward property is.” Do they imagine that getting rid of sex workers helps fix inequality problems? This leap to pointing at prostitution smacks of scapegoating.

As I lamented in The New Abolitionist Model, banning badly paid jobs because they are objectifying and sexist punishes women in contexts where they haven’t got many options.

Is the proposition still that being a servant for pennies and a scant private life is better because it is more dignified? Or is it superior simply because it is not sex work? Either way, to focus always on the moral aspects of sexual labor means forever sidelining projects to improve working conditions and legal protections.

Surely it’s obvious that more kinds of work for better pay need to exist before jobs women prefer are prohibited, even with the disadvantages they entail. There’s where this kind of feminist needs to put her energy, and that goes for richer and poorer countries alike.

Footnote: Nowadays the Santiago coffee bars are called cafés con piernas, cafes with legs, and (of course) are now named as sites of sex exploitation. The photo at the top shows one example.

And, in case anyone thought this phenomenon is always gender-specific, see this photo by Bill Kobrin of the Art Students League Dream Ball, New York, 1953. Yes – the 1950s.

—Laura Agustín, the Naked Anthropologist

Trafficking: The globalisation of weak thinking and dumb language

hopeforjusticeukWhat isn’t on this list of signs of human trafficking? Has there ever been a vaguer term than abuse of vulnerability? It could describe being a parent or teacher easily. If informants are supposed to make a telephone call based on any of these signs – which is what this says – then heaven help the switchboards. No wonder Rescue-Industry groups have to ask for so much funding.

Lists of the so-called signs of being a victim of trafficking are now common, even placed in airports in hopes that victims may experience revelation and realise they need rescue. Such techniques demonstrate how the Rescue Industry institutionalises, submitting to funding guidelines written by government bureaucrats. The particular group that produced the list you see here have expanded from the US to the UK. It’s a sort of globalisation of weak thinking.

There are young people now who have grown up surrounded by campaigning against trafficking, unaware there is conflict about how to define the term. Some want to dedicate energy to combating what is figured as a modern social evil. Some compare themselves with 19th-century anti-slavery advocates and feel outraged that anyone would question what they are doing.

The field gets critiqued regularly, and I don’t always contribute when asked for comment. I regularly send a link to Dear Students of Sex Work and Trafficking (students can be taken as a general term for those who wish to inform themselves). I don’t want to repeat the same ideas over and over when it’s all easily findable on a website, and I don’t like reducing complexity to bullet points. I also think everything has been said, and claims that insights are new are untrue. Online Editors routinely splash every banal keyword into headlines, sometimes without reference to what the item actually contains. Exaggeration has taken over.

Recent inquiries roused me to sketch out a few basic ideas that take in the history.

mobilityThe Convention on Transnational Organised Crime was published in Palermo in 2000 by the UN Office on Drugs and Crime. Two protocols on human mobility were appended, one on trafficking, the other on smuggling. The process of defining these was long and conflictual and has been documented publicly. It was all supposed to pertain to undocumented migrants, a topic nearly always omitted from current commentary. I’ve written about these protocols more than once, particularly their genderedness and how sex is pointed to when the mobile people are women but not when they are men. The cover to my book Sex at the Margins used the image of mobility and human agency seen here.

After the Convention was published, the idea of trafficking began its ascent, and soon we who were interested in migration, sex work and labour policy realised it was useless for gaining equity or rights. The framework of the Convention is Crime – there is no fixing that. The assumption is this human mobility to work is fomented by criminals who use force and coercion against their victims – notions impossible to pin down because they vary infinitely amongst individuals according to momentary conditions. If you look at the footnotes opposing sides published on the language of the protocols you see how they argued about these keywords. Later some wag used the term sex trafficking, moving towards reductionism that is typical to the campaigning of moral entrepreneurs.

Behind this over-simplification and over-focus on sex lie real social inequalities and oppressions: migration policies that favour middle- and upper-class jobs, out-of-date notions of the formal economy and productive labour, young people who want to get away from home, job-seekers willing to take risks to make more money, laws that make commercial sex illegal, laws that make sweatshops illegal and there is more. To lump all this under a single term simply disappears the array of different situations, encourages reductionism and feeds into a moralistic agenda of Good and Evil. The term trafficking is an invention incapable of describing so many realities, and it does not help to reduce them all to two possibilities – the Free vs the Enslaved, the Autonomous vs the Coerced. In the case of those who sell sex it does not help to reduce them to Sex Workers vs Victims of Trafficking.

I am asked what better language would be, but the issue is not language, as though everything might be fixed by changing the words. The framework setting out the problems is good for nothing but policing. I suggest addressing specific injustices on their own terms. For example

-If the subject is runaway teenagers who don’t want to live with their parents or go to school and don’t have money or job-skills, then talk about that.

-If the subject is people who took a job that didn’t turn out the way they expected but they need the money so don’t leave it, then talk about that.

-If the subject is migrants who crossed borders with false papers so they are not legal to work at any job, then talk about that.

And so on. Get down to specifics, deal with real situations, stop arguing about ridiculous abstractions. Social policies do not have to be so dumb.

alice_cram

–Laura Agustín, the Naked Anthropologist

Sweden and prostitution law: the conditions of possibility

redup2The idea of criminalising the purchase of sex continues to be promoted round the world, usually as part of some politician’s campaign against immoral sex and the exploitation of children, with a subtext aimed at keeping women at home and migrants out. Sweden’s law is thrown out as the model, along with claims that prostitution is practically absent and trafficking nearly non-existent there. Neither of these has been proven. To explore this sort of claim, see tags to the right of this post (sweden, nordic model, laws, gender equality, for example.)

The banning-sex-purchase proposal has been made in countries as far away from Sweden as Brazil and India. Presented abstractly it sounds clear, simple and righteous. But local context and history make a big difference in how a proposed law can come to pass and operate on the ground (as opposed to in starry rhetoric). The Swedish context is unusual in the world, the conditions making this law (sexköpslagen) possible difficult to imagine outside the Nordic region. Nothing slapdash nor sudden was involved but rather deep history in a particular culture. This is not true of other countries that jump on the bandwagon because some politicians see their chance to make names based on simplistic moralising.

The following is an excerpt from a longer article I published a few months ago on the dysfunction of prostitution laws, the idea of whore stigma and the disqualification and actual murder of sex workers. For those who ask Where did the Swedish model come from? How could feminism have led to it? this provides a short version of what might be called an épistème – the epistemological field forming the conditions of possibility for knowledge in a given time and place.

Sweden and prostitution (from Prostitution Law and the Death of Whores, Jacobin, 15 August 2013)

The population of only nine and a half million is scattered over a large area, and even the biggest city is small. In Sweden’s history, social inequality (class differences) was early targeted for obliteration; nowadays most people look and act middle-class. The mainstream is very wide, while social margins are narrow, most everyone being employed and/or supported by various government programmes. Although the Swedish utopia of Folkhemmet – the People’s Home – was never achieved, it survives as a powerful symbol and dream of consensus and peace. Most people believe the Swedish state is neutral if not actually benevolent, even if they recognize its imperfections.

After the demise of most class distinctions, inequality based on gender was targeted (racial/ethnic differences were a minor issue until recent migration increases). Prostitution became a topic of research and government publications from the 1970s onwards. By the 1990s, eradicating prostitution came to be seen as a necessary condition for the achievement of male-female equality and feasible in a small homogeneous society. The solution envisioned was to prohibit the purchase of sex, conceptualized as a male crime, while allowing the sale of sex (because women, as victims, must not be penalized). The main vehicle was not to consist of arrests and incarcerations but a simple message: In Sweden we don’t want prostitution. If you are involved in buying or selling sex, abandon this harmful behavior and come join us in an equitable society.

Since the idea that prostitution is harmful has infused political life for decades, to refuse to accept such an invitation can appear misguided and perverse. To end prostitution is not seen as a fiat of feminist dictators but, like the goal to end rape, an obvious necessity. To many, prostitution also seems incomprehensibly unnecessary in a state where poverty is so little known.

These are the everyday attitudes that social workers coming into contact with Eva-Maree probably shared. We do not know the details of the custody battle she had been locked in for several years with her ex-partner. We do not know how competent either was as a parent. She recounted that social workers told her she did not understand she was harming herself by selling sex. There are no written guidelines decreeing that prostitutes may not have custody of their children, but all parents undergo evaluations, and the whore stigma could not fail to affect their judgements. For the social workers, Eva-Maree’s identity was spoiled; she was discredited as a mother on psycho-social grounds. She had persisted in trying to gain mother’s rights and made headway with the authorities, but her ex-partner was enraged that an escort could gain any rights and did all he could to impede her seeing them. The drawn-out custody process broke down on the day she died, since standard procedures do not allow disputing parents to meet during supervised visits with children.

In a 2010 report evaluating the law criminalizing sex-purchase, stigma is mentioned in reference to feedback they received from some sex workers:

The people who are exploited in prostitution report that criminalization has reinforced the stigma of selling sex. They explain that they have chosen to prostitute themselves and feel they are not being involuntarily exposed to anything. Although it is not illegal to sell sex they perceive themselves to be hunted by the police. They perceive themselves to be disempowered in that their actions are tolerated but their will and choice are not respected.

The report concludes that these negative effects “must be viewed as positive from the perspective that the purpose of the law is indeed to combat prostitution.” To those haunted by the death of Eva-Maree, the words sound cruel, but they were written for a document attempting to evaluate the law’s effects. Evaluators had been unable to produce reliable evidence of any kind of effect; an increase in stigma was at least a consequence.

Has this stigma discouraged some women from selling sex who might have wanted to and some men from buying? Maybe, but it is a result no evaluation could demonstrate. The report, in its original Swedish 295 pages, is instead composed of historical background, repetitious descriptions of the project and administrative detail. Claims made later that trafficking has diminished under the law are also impossible to prove, since there are no pre-law baseline statistics to compare to.

The lesson is not that Sweden’s law caused a murder or that any other law would have prevented it. Whore stigma exists everywhere under all prostitution laws. But Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice. The ex-partner’s fury at her becoming an escort may derive in part from his Ugandan background, but Sweden did not encourage him to view Eva-Maree more respectfully.

Some say her murder is simply another clear act of male violence and entitlement by a man who wanted her to be disqualified from seeing their children. According to that view, the law is deemed progressive because it combats male hegemony and promotes Gender Equality. This is what most infuriates advocates of sex workers’ rights: that the “Swedish model” is held up as virtuous solution to all of the old problems of prostitution, in the absence of any evidence. But for those who embrace anti-prostitution ideology, the presence or absence of evidence is unimportant.

***

Some of the immediate questions you might have, for instance on Gender Equality and State Feminism, are addressed in the full essay Prostitution Law and the Death of Whores. This kind of background is, of course, not interesting to everyone, and most of what I see on the topic talks about the law as Bad or Good. Discussions typical in parliamentary committees like the Irish are silly because they opt to accept banal lists of supposed successes in Sweden without acknowledging the difficulties of knowing effects at all. Activists on both sides tend to over-state their cases – practically the definition of much activism in social movements. For anyone interested in history, though, the background is crucial, and it can be seen as good news that it’s not so easy to simply transfer the logic of a law from one country to another: that kind of homogenised culture is not here yet.

Proof of the law’s effects are mostly unknowable so far. The state’s evaluation of the law in 2010 admitted ignorance of how to investigate commercial sex online and gave numbers only for street prostitution. This was a tiny number to begin with describing an activity that is diminishing. Claims that sex trafficking have decreased are meaningless since no baseline statistics were kept on this before the law was passed. The claims of eradicating either phenomenon are public-relations trivia. That politicians in other countries reproduce these claims in supposedly serious hearings demonstrates mediocrity and lack of interest in the subject. As I said above, the principle effect we can be sure of is

Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice.

Increases in stigma, social death and excuses to disqualify women who sell sex as autonomous beings are dire effects to a piece of legislation that emerged from a goal to achieve Gender Equality. Utopian visions can backfire, and this one has.

For another of my views of Sweden’s present State Feminists see Extremist Feminism in Swedish government: Something Dark

–Laura Agustín, the Naked Anthropologist