Sex Workers and the Law Wendy Lyon Solicitor

Sex Workers and the Law Wendy Lyon, Solicitor KOD Lyons

Who is a sex worker? “female, male and transgender adults and young people [age 18 -24] who receive money or goods in exchange for sexual services, either regularly or occasionally” UNAIDS Guidance Note on HIV and Sex Work, 2009 -2012

Sex work in Ireland: Sectors l l l Online advertising: escort websites, apps Massage parlours “Brothels” Streets Bars / nightclubs Word-of-mouth referrals

Sex work in Ireland: demographics* l l 78% female, 18% male, 4% transgender 48% below age 30, 23% between 26 -30 30. 5% first sold sex at 18 -21 (3. 8% <18) Nationality: – – NI-based: 81% Irish or British ROI-based: 27% Irish or British Largest other groups: Romanian, Hungarian – * Queens University Belfast research, 2014

Sex work in Ireland: Reasons for entering industry

Sex work in Ireland: Current legal framework (1/2) l Not illegal: – – l Selling sex Public soliciting/loitering (sex seller) Illegal: – – – Paying or offering to pay for sex Public soliciting (sex buyer) Loitering for purpose of solicitation (kerb crawling) Advertising Brothel keeping

Sex work in Ireland: Current legal framework (2/2) l All third party involvement is illegal – – Organising prostitution (coercively or otherwise) Living on the earnings of another person’s prostitution Advertising prostitution or a brothel Brothel keeping

Sex work in Ireland: Statutory framework (1/2) l Criminal Law (Sexual Offences) Act 1993 – – l No offence per se of selling or paying for sex Public soliciting, loitering to solicit prohibited “Soliciting” defined to include buyer and seller Brothel keeping, organising, living off earnings also prohibited Criminal Justice (Public Order) Act 1994 – Prohibited advertising of brothels or prostitution

Sex work in Ireland: Statutory framework (2/2) l Criminal Law (Sexual Offences) Act 2017 – – – New offence of paying or offering payment for sex Soliciting/loitering decriminalised for sex worker but retained for client No change to advertising, brothel keeping, third party offences

Sex work in Ireland: Penalties (1/4) l Soliciting – – – l 1 st offence: Class E fine (€ 500) 2 nd offence: Class D fine (€ 1, 000) 3 rd + offence: Class D fine and/or 4 weeks jail time Loitering – – 1993 Act: as above 2017 Act: Class D fine and/or 6 months (first or later offences)

Sex work in Ireland: Penalties (2/4) l Brothel keeping – – l 1993: Class C fine (€ 2, 500) and/or 6 months on summary conviction; € 17, 500 fine and/or five years on indictment 2017: Class A fine (€ 5, 000) and/or 12 months on summary conviction; no change on indictment Living on the earnings – – 1993: Class C fine and/or 6 months 2017: Class A fine and/or 12 months

Sex work in Ireland: Penalties (3/4) l Organising prostitution – – 1993: Class C fine (€ 2, 500) and/or 6 months on summary conviction; € 17, 500 fine and/or five years on indictment 2017: Class A fine (€ 5, 000) and/or 12 months on summary conviction; unlimited fine and/or ten years on indictment

Sex work in Ireland: Penalties (4/4) l Advertising – – l Summary conviction: Class C fine (€ 2, 500) Conviction on indictment: € 17, 500 Paying or offering payment for sex – – – 1 st offence: Class E fine (€ 500) 2 nd or subsequent offence: Class D fine (€ 1, 000) No jail time

Sex work in Ireland: Changes in penalties - summary l Since 1993, penalties have increased for all offences except: – – – l l Soliciting Advertising Brothel keeping on indictment Paying for sex carries lightest penalty Brothel keeping increases in 2017 Act appear to target sex workers, not “pimps”

Sex work in Ireland: Brothel keeping (1/3) l Section 11 of 1993 Act: “A person who – – (a) keeps or manages or acts or assists in the management of a brothel; (b) being the tenant, lessee, occupier or person in charge of a premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or …

Sex work in Ireland: Brothel keeping (2/3) – l (c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel” No statutory definition of “brothel”

Sex work in Ireland: Brothel keeping (3/3) l l Common law definition: a place used by more than one woman for purposes of prostitution Thus, under current law as interpreted, “brothel keepers” liable to a year in prison include: – – l Two sex workers who share premises for safety Women employed in massage parlours Possibly also covered: hotels, single-occupier apartments (if re-let to another sex worker)

Sex work in Ireland: Enforcement of brothel keeping law l l l Vast majority of prosecutions are of sex workers, NOT managers, landlords, etc Usually foreign nationals High conviction rate, usually without hearing – – l Sex workers don’t know their rights Threat of exposure No incentive for further investigation

Sex work in Ireland: Case study – Elena (1/5) l l Bulgarian national, young single mother with poor English Came to Ireland to sell sex, referred by friends Rented room in apartment which is “known to Gardaí” as brothel Garda raided on her first day while other sex worker was with a client

Sex work in Ireland: Case study – Elena (2/5) l l l The raid was very frightening, between Garda behaviour and her experiences in Bulgaria Gardaí took phones, condoms, lube, other “evidence of prostitution” She was arrested and brought to Garda station Discouraged from asking for solicitor Told if she pleaded guilty she’ll probably be let go; if not, publicity, maybe jail time/expulsion

Sex work in Ireland: Case study – Elena (3/5) l l Released on bail – required not to commit further offences On first court date, assigned legal aid solicitor After case adjourned, “flatmate” contacted support group who referred them to another solicitor with interest in this area After consultation, both sex workers retained the new solicitor

Sex work in Ireland: Case study – Elena (4/5) l l New solicitor contacted Gardaí for additional evidence Case adjourned several times – judge not happy Clients pleaded not guilty At hearing, cross-examination of Gardaí revealed flaws in investigation

Sex work in Ireland: Case study – Elena (5/5) l l l Judge dismissed charges, criticised Gardaí for making no effort to look beyond Elena and her “flatmate” Elena got back her phone and condoms etc but could not recover for lost income, costs to travel to court, etc She is still selling sex in Ireland but terrified of further arrest – avoids Gardaí at all costs