Law on sex work creates 'perfect' atmosphere for abuse
The majority of the sex workers interviewed for the research want sex work fully decriminalised in Ireland, including the purchase of sex.
The law criminalising the purchase of sex and brothel-keeping is facilitating the targeting and abuse of sex workers, a report has found.
The Amnesty International report, published today, found that the 2017 law purportedly designed to protect human trafficking victims and sex workers from exploitation is instead making those involved in the sex industry less safe and the state is failing to protect them from violence.
The law is described in the report as "perfect" for creating an atmosphere for abusing sex workers.
The report reveals that the criminalisation of aspects of sex work is forcing workers to take more risks, putting their lives and safety in jeopardy.
No official data with regard to violent crimes committed against sex workers in Ireland is available. The Garda does not keep disaggregated records that would allow offences committed against sex workers to be identified.
“Laws intended to protect sex workers are putting them at higher risk of abuse and violence, including rape and physical attacks,” said Colm O’Gorman, executive director of Amnesty International Ireland.
“Our research clearly shows that criminalising the purchase of sex is forcing sex workers to take more risks while penalising brothel-keeping is preventing sex workers from working together to ensure their own safety.”
The majority of the sex workers interviewed for the research want sex work fully decriminalised in Ireland, including the purchase of sex.
They also said that sharing premises with other sex workers helps to increase their safety and limits the potential risk of violence.
One sex worker told Amnesty International: “One-to-one, a woman with a man, we don’t stand a chance. We need another girl. She can hear what’s happening… But to be alone, it’s very dangerous.”
The research also shows how the lack of trust in gardaí and social stigma reinforced by the criminal law are key concerns for sex workers.
The overwhelming majority of sex workers interviewed reported experiencing violence while engaging in sex work. However, sex workers also reported being fearful of the police.
Among the reasons given for preferring not to engage with the gardaí when experiencing violence were a lack of trust and a belief that no action would be taken.
In addition, sex workers expressed a fear of harassment or violence at the hands of the gardaí, as well as their landlords being notified or targeted, which could lead to eviction and homelessness.
One sex worker told Amnesty International: “I see the gardaí as a threat rather than as a shield.
“It has to be 100% decriminalised. When it’s not, I’m scared to report to cops or others. In every other business, if there are bad clients, if anything happens to you, you can call the police.”
Migrant sex workers' fear of contacting the police stem from the risks they face because of their immigration status or plans to apply for Irish citizenship.
The research highlights the lack of data on sex workers’ experiences and the Government’s reliance on "outdated and flawed" research that conflates human trafficking for sexual exploitation with sex work.
It also highlights that the state failed to sufficiently consult sex workers when drafting the 2017 law.
The report also heavily criticises the Irish government's use of outdated data as well as reliance on NGO Ruhama for evidence on the proliferation of sex work.
The Government is currently conducting a review of the Criminal Law (Sexual Offences) Act 2017.
“The review of the law represents a vital opportunity to ensure that it actually protects sex workers,” said Mr O’Gorman.
“But if this is to happen, sex workers themselves must be meaningfully consulted so that their lived experiences can inform the laws and policies that are meant to protect them.”
Polling conducted by Amnesty International in December 2021 revealed that 70% of people in Ireland believe sex workers should be consulted on any law that directly affects them while 73% felt that sex workers have a right to make decisions about their bodies and lives.
The report is based on qualitative research carried out by Amnesty International between August 2020 and October 2021, researchers interviewed 30 people who have engaged in sex work currently or in the past.
