So what is the state of this profession in Britain? Briefly we could say prostitution in itself is legal. That is if we stick to the definition of “exchanging participation in sexual activities for money or other goods”. On the other hand, many other activities that are linked to the sex trade are outlawed.
SW5 – an organisation that supports male and transgender sex workers – describes this system as a version of the “good news, bad news joke”. To name a few: pimping, soliciting and kerb crawling are illegal.
For many years the UK government has announced an overhaul of the legislation surrounding the sex trade. These changes are currently under review, so the Sexual Offences Act introduced in 2003 and the Criminal Justice and Immigration Bill are the legal points of reference for this profession.
Prison sentences for soliciting were abolished in 1983. According to the Socialist Worker Online around 3,500 women each year are cautioned or convicted for soliciting (however the source of this data is not identified in this article). Anti-social Behaviour Orders (Asbos) are frequently used against sex workers. A 2002 review by the Home Office found that 5% of all Asbos dealt with prostitution (Source: All Women Count). Many campaigners have protested that these measures have been used as a “quick fix” against undesirable behaviour in the streets, without looking at the core causes.
Harriet Harman, Minister for Women and Equality, is reportedly seeking to outlaw prostitution. Many are concerned that this move would force prostitution underground and make women more vulnerable to violence.
Currently, it is estimated that 80,000 individuals are involved in prostitution in the UK (source: CARE document on Prostitution and Human Trafficking).
The current situation poses some important questions.
- If prostitution is legal, should the government collect taxes from sex workers?
- If prostitution is legal, what health and safety benefits should sex workers enjoy?
- If prostitution is criminalised, what penalties would guarantee a fair functioning of the justice system (avoiding gender and category discrimination), as well as deter and prevent the existence of the oldest known profession?