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Nearly five years after its initial deadline, the long-awaited review of the Sexual Offences Act 2017 has been published, revealing a significant missed opportunity to fully decriminalize the sex trade and enhance the safety of sex workers.

The review, mandated to assess the impact of the 2017 Act, which criminalized the purchase of sex while decriminalizing its sale, was plagued by delays. Initially due in 2020, it was further postponed by the Covid-19 pandemic and subsequent reassignment of the overseeing solicitor, Maura Butler SC.

The 2017 legislation, intended to shift the legal burden onto buyers and protect vulnerable sellers, has demonstrably failed to achieve its stated goals. As Justice Minister Jim O’Callaghan acknowledged, “Regrettably, the Review highlights that despite the criminalisation of the purchase of sexual services, demand has not decreased.”

Decriminalization Denied: A Focus on Enforcement Over Safety

Despite strong advocacy from the Sex Worker Alliance Ireland (SWAI) and international organizations like Amnesty International, the review stopped short of recommending full decriminalization. SWAI argued that the current legal framework, particularly the criminalization of brothel keeping, severely compromises the safety of sex workers, especially migrants.

The review itself acknowledges the conflicting views on the brothel laws, noting that working collectively would enhance safety. However, law enforcement opposition and concerns about market expansion prevailed, leading to recommendations for enhanced enforcement rather than reform.

This decision represents a profound failure to prioritize the safety and autonomy of sex workers. By maintaining the criminalization of brothel keeping, the review perpetuates a system that forces sex workers into isolated and dangerous working conditions.

Recommendations: Increased Enforcement, Not Protection

Instead of addressing the root causes of exploitation, the review recommends bolstering law enforcement capabilities, including potential on-the-spot fines for buyers and targeted police actions. These measures, critics argue, will only drive the sex trade further underground, increasing risks for sex workers.

Furthermore, the review's suggestion of increased training for health and social care staff to identify victims of trafficking, while well-intentioned, does not address the fundamental safety concerns raised by sex worker advocates.

Amnesty's Condemnation: A Call for Evidence-Based Policy

Amnesty Ireland has strongly condemned the review, labeling it a “missed opportunity.” Executive Director Stephen Bowen criticized the lack of meaningful engagement with sex workers during the review process and the reliance on ideology rather than evidence.

Bowen emphasized that the current legal framework forces sex workers into dangerous situations, increasing their vulnerability to violence and exploitation. He argued that the criminalization of brothel keeping prevents sex workers from working together for safety, leaving them susceptible to abuse and homelessness.

Amnesty's call for full decriminalization and the removal of third-party offenses not involving coercion or exploitation underscores the urgent need for a policy shift. They advocate for directing law enforcement resources towards combating actual violence and exploitation, rather than surveilling and harassing sex workers.

The Missed Opportunity: Legal Brothels for Enhanced Safety

The review's failure to recommend the legalization of brothels represents a particularly egregious oversight. Legal brothels, operated under regulated conditions, would provide sex workers with safer working environments, increased autonomy, and access to essential services.

By allowing sex workers to operate collectively, legal brothels would reduce their vulnerability to exploitation and violence, while also facilitating better monitoring and regulation of the industry. The rejection of this approach demonstrates a continued disregard for the empirical evidence supporting harm reduction strategies.

In conclusion, the review of the Sexual Offences Act 2017 has fallen short of its potential, prioritizing enforcement over the fundamental safety and human rights of sex workers. The missed opportunity to fully decriminalize the sex trade and legalize brothels represents a significant setback in the pursuit of justice and safety for those working in the industry.

Despite their presence, sex workers in Ireland remain largely invisible, facing severe stigma, structural violence, harassment, and assault. They are further marginalized by a government that refuses meaningful engagement and by laws that endanger their safety.

Since 2017, the criminalization of paying for sexual services, coupled with increased fines and jail sentences for "brothel keeping" (defined as two or more sex workers sharing a space), has forced sex workers into isolation. To work legally, they must prioritize client safety over their own, pushing sex work further underground and away from vital support services, thus increasing their vulnerability to exploitation. Consequently, less than 1% of sex workers report crimes to the Gardaí, compared to 90% of the general population.

These laws have demonstrably failed. Despite initial claims, prosecutions for purchasing sex remain minimal. Gardaí routinely conduct intrusive "welfare checks" by posing as clients, and the use of condoms as evidence of sex work actively undermines HIV prevention strategies. These practices have eroded trust in the Gardaí and have not reduced trafficking, exploitation, or violence against sex workers.

The mandated three-year review of these laws, originally due in 2020, has been marred by delays and controversy, including the removal of the initial reviewer and the involvement of three different Ministers for Justice. The Department of Justice, which implemented the laws, will now finalize the review, raising serious ethical concerns about impartiality.

Throughout this process, the Sex Workers Alliance Ireland (SWAI), a key stakeholder, has been consistently excluded. Sex workers were also excluded from the 2019 LGBTI Inclusion Strategy, despite a significant portion of the sex work population being queer.

Sex work is fundamentally an economic activity driven by financial necessity, often engaged in by those already marginalized, including LGBTQ+ individuals, the homeless, those in precarious housing, drug users, single parents, those needing mental health support, undocumented migrants, and those living in poverty. These individuals require structural reform and resources, not the criminalization of their livelihoods.

SWAI's funding is critically low and projected to run out in the first half of this year. There are concerns that the review will be deliberately delayed until SWAI is unable to respond, effectively silencing the voices of sex workers in Ireland. Without SWAI's support, sex workers will lack the vital platform to advocate for their rights and needs.

Globally, sex worker-led organizations face significant funding challenges, and SWAI is no exception. Funding for core work is hindered by perceptions of radicalism due to critiques of the Nordic Model, government policies, and policing practices. SWAI rejects the conflation of sex work with human trafficking and gender-based violence, a stance that challenges certain feminist organizations and their perpetuation of injustices against sex workers.

 

We need your support. We launched a crowdfund called 28 Days for SWAI in February to try and keep our doors open. We are keeping this crowdfund open for a few weeks as we have not hit our target yet, you can donate here: 28-days-for-swai.causevox.com.

The long-awaited review into Ireland's sex work legislation, promised for years, remains elusive, with the Department of Justice dragging its feet yet again. Despite repeated assurances, the report won't see the light of day until later this year, causing frustration and anger among stakeholders.

Staff at the Department of Justice, apparently suffering from chronic procrastination, have been handed the responsibility of completing this overdue report. Justice Minister Helen McEntee's confirmation of its completion by Q3 is nothing but a feeble attempt to pacify mounting criticism.

Summer of 2021 saw solicitor Maura Butler SC appointed to oversee the review, with a promise to deliver within three months. But as usual, excuses piled up, with delays ranging from Butler's diversion to another review on murder-suicides to the apparent disappearance of the report into a bureaucratic abyss.

Recent reports hint at the Department of Justice scrambling to find ways to release the report "without any further undue delay," as if they weren't responsible for the delay in the first place.

McEntee's latest strategy? Delegate the task to the Data and Research Unit, hoping they can weave some semblance of coherence out of the chaos that has become of this review process. This bureaucratic runaround is a slap in the face to transparency and accountability.

Meanwhile, the Sex Workers Alliance of Ireland (SWAI) rightly condemns this perpetual stalling and the Department's blatant disregard for engaging with stakeholders, particularly those most affected by these laws—sex workers themselves.

SWAI demands not just answers but action. Their call for a new review underscores the deep-seated frustration with a system that consistently sidelines the voices of those it purports to protect.

The current legislation, criminalizing the purchase of sexual services, fails to address the real issues faced by sex workers, leaving them vulnerable and marginalized. SWAI's plea for total decriminalization is not just a suggestion; it's a necessity for ensuring the safety and well-being of those involved in sex work.

In her response to a parliamentary question, McEntee echoes the tired rhetoric of prostitution being inherently exploitative, conveniently ignoring the complexities of the issue and the voices of sex workers themselves. It's a disappointing display of ignorance and a failure to acknowledge the urgent need for reform.

The 2017 Sexual Offences Act was touted as a step forward in protecting vulnerable individuals, yet its shortcomings are glaring. It's time for the government to stop paying lip service to the issue and take meaningful action to address the concerns of sex workers and their advocates. Anything less is a betrayal of trust and a perpetuation of injustice.

The Council of Europe (COE), a prominent organization dedicated to human rights, democracy, and the rule of law on the continent since its establishment in 1949, has consistently advocated for the protection of marginalized groups. Among these, sex workers often face stigma and violence, exacerbated by laws criminalizing the purchase of sex, as highlighted by COE's Commissioner for Human Rights, Dunja Mijatović.

In her recent commentary, Mijatović underscores how the criminalization of purchasing sex, despite the legality of selling sex in some regions like the island of Ireland, contributes to the marginalization of sex workers and heightens their vulnerability to violence. She emphasizes that such legislation effectively criminalizes the working environment of sex workers, encompassing not only clients but also third parties involved in various aspects of the industry, such as brothel-keepers and advertisers.

Contrary to arguments advocating for the criminalization of third parties to reduce demand and combat human trafficking, Mijatović points out that evidence suggests otherwise. Reports indicate that in certain states, commercial sexual services have increased following such criminalization, while anti-trafficking organizations highlight its ineffectiveness in preventing and combating human trafficking. Moreover, it may hinder the identification and protection of trafficking victims among sex workers.

Mijatović advocates for a human rights-based approach to sex work, emphasizing that consensual adult activities should not be criminalized. She asserts that criminalizing clients or third parties diminishes sex workers' access to essential services and rights, pushing them into clandestine and isolated work environments out of fear of legal repercussions. In contrast, decriminalization has shown positive impacts on sex workers' safety, access to social services, and health outcomes, as exemplified by Belgium's recent legislation.

However, Mijatović clarifies that decriminalization does not equate to condoning exploitation, human trafficking, or violence against sex workers. She stresses the necessity of maintaining and reinforcing laws addressing these issues while ensuring sex workers' protection from harm and exploitation.

Additionally, Mijatović raises concerns about the lack of meaningful consultation with sex workers in policymaking processes affecting their lives and work. She asserts that their voices and perspectives are indispensable for the development and implementation of effective and empowering human rights-based policies.

In conclusion, Mijatović calls for greater recognition of sex workers' rights and voices, advocating for policies that prioritize their safety, well-being, and agency. By adopting a human rights-based approach and involving sex workers in decision-making processes, societies can better address the challenges faced by this marginalized community while upholding fundamental principles of justice and dignity for all.

In a recent attempt to prey on escorts, scammers masquerading as representatives of a prominent advertising platform have sought personal information from individuals in the escorting community. Despite these challenges, escorts are resilient and proactive in protecting each other.

Linda Kavanagh, spokesperson for Sex Workers Alliance Ireland (SWAI), emphasized that non-national escorts were specifically targeted in this scam. She highlighted the linguistic barriers faced by many in the community, making them susceptible to such schemes.

"Although the language used might raise red flags for some, it's not always apparent to those whose first language isn't English, which is often the case for migrant escorts," Kavanagh explained.

She detailed how escorts were coerced into divulging personal information, with threats of violence and harm looming over those who resisted.

"These threats are not to be taken lightly," Kavanagh stressed, noting the reluctance of many escorts to report such incidents to authorities due to distrust and stigma associated with their profession.

However, amidst these challenges, there's a silver lining. Escorts have been actively supporting each other through platforms like Ugly Mugs Ireland, where they share information to safeguard against potential dangers.

Lucy Smyth, an advocate with Ugly Mugs Ireland, highlighted the importance of solidarity within the escorting community. By sharing screenshots and warning messages, they empower each other to recognize and combat threats collectively.

Smyth, who herself has faced threats and intimidation, emphasized the necessity of legal reforms to ensure the safety and dignity of escorts. Both SWAI and Ugly Mugs advocate for the decriminalization of sex work, aiming to provide escorts with the protections and rights they deserve.

Despite the challenges, law enforcement agencies are urged to take these crimes seriously and provide necessary support to those affected.

As Detective Sergeant Gamble of the PSNI reiterated, every crime reported, regardless of the victim's background, deserves thorough investigation and attention. With dedicated liaison officers and ongoing training, efforts are being made to bridge the gap between law enforcement and the escorting community.

In a similar vein, An Garda Síochána emphasized their commitment to safeguarding individuals involved in sex work, promising to treat reports of crimes against escorts with the utmost seriousness and sensitivity.

With continued advocacy, support, and collaboration, the escorting community strives to create a safer and more inclusive environment for all its members.

No progress has been made on reviewing Ireland’s sex work legislation, more than three years overdue. The Department of Justice is yet to announce a timeline for completion, although Justice Minister Helen McEntee is expected to decide soon. The legislation, which criminalized the purchase of sex in 2017, faced criticism from groups like the Sex Workers Alliance of Ireland (SWAI), advocating for decriminalization. The review, initially assigned to solicitor Maura Butler SC, faced delays, and McEntee announced in July 2023 that a new person would be commissioned to complete it. The current law criminalizes paying for sexual services but not receiving money for them, leading to concerns for sex workers' safety. SWAI argues for full decriminalization, emphasizing that it doesn't mean condoning trafficking or exploitation but recognizing sex work as labor with workers' rights. An Garda Síochána assures that crimes against sex workers are taken seriously, with ongoing engagement and safeguarding checks to protect vulnerable individuals.

The government's approach towards addressing demand for sex through prostitution laws is appropriate and requires legislative action. According to Helen McEntee, the Minister of Justice, a tender will be released this week to hire a leading researcher to conduct a comprehensive review of existing prostitution laws, which are governed by Part 4 of the Criminal Law (Sexual Offences) 2017.

The government is currently waiting for the completion of this review before taking any legislative steps regarding sex for rent demands. This follows the introduction of the Ban on Sex for Rent Bill by Social Democratic and Labour Party (SDLP) TD Cian O'Callaghan, who initiated it after an Irish Examiner investigation revealed instances of landlords charging tenants for sexual favors.

However, the bill was rejected by the Oireachtas justice committee due to concerns about its potential impact on trafficked persons and those engaged in consensual sex work.

Subsequently, the Department of Justice promised that once the review is complete, they would consider introducing legislation. They have also stated their commitment to ensuring that any new law is consistent with Ireland's international human rights obligations.

The mandated review into the 2017 Sexual offenses act was due three years after the legislation was implemented. This act made it a criminal offence to purchase sex, along with other regulations which made it harder for prostitutes to work together in safety.  The individual in charge of the review has left the project. The review is now over three years late. SWAI are concerned the review is out of date and want the process to be started afresh. Linda Kavanagh of SWAI said "Despite numerous requests for information on the process, the report’s mechanisms remained opaque.

Linda states the review must have meaningful engagement with sex workers, and is troubled by the lack of transparency in the process.

Garda Headquarters has defended how officers interacts with sex workers, after a report published on Thursday claims some gardaí have sexually exploited, discriminated, and inflicted trauma on people working in the sex trade through “aggressive tactics”.

Entitled I Must Be Some Person: Accounts from Street Sex Workers in Ireland, the report, which is based on interviews with a sample of 25 street sex workers based in Limerick (10) and Dublin (15) found that “one in five” street sex workers interviewed “had experience of being sexually exploited by the gardaí”.

The Sex Workers Alliance Ireland (SWAI), which promotes the human rights, equality and participation of sex workers, said it was “absolutely devastated to hear this news”. Dr Conway “was an incredible ally to sex workers, hosted several sex workers and allies on her Policed in Ireland podcast and was a massive pro-choice legend with Lawyers for Choice,” SWAI tweeted.

Bob Collins, chairperson of the Policing Authority, said: “Vicky’s contribution to policing was rooted not only in academic curiosity but in a genuine desire to ensure that everyone’s engagement with the Garda Síochána, in particular those most vulnerable in our society, was rooted in a respect for their humanity and a vindication of their human rights.

 

Gheorghe Goidan was jailed for 20 years on the in 2019 for the "ultra-violent" rape of two sex workers on the same day in separate hotels has failed in a bid to have his conviction quashed and his sentence reduced on appeal.

After arranging to meet them in hotel rooms, he pulled a knife and threatened them before repeatedly assaulting and raping both women in two separate attacks.

He had pleaded not guilty to rape and sexual assault at a hotel in Portlaoise on September 7, 2017.

He had also denied rape, oral rape and anal rape of a second woman at the Maldron Hotel in Galway city on the same day.

A Dublin man who was involved in the theft of €35,000 and the assault of two women has been sentenced to five years in prison.

The court heard that two weeks later on 21 June, 2017, a woman who worked as a receptionist for a group of escorts informed one of the women that she had a booking.

The woman performed oral sex and had intercourse with the man. When they had finished and the man had returned from the toilet, he placed a large kitchen knife to the woman's neck. Other people in the house came to the women's aid, and the €100 was returned to the man to get him to leave.

Ugly Mugs Ireland is extremely disappointed that a speaker at the International Association of Women in Policing (IAWP) Conference, currently taking place in Dublin , was yesterday permitted to use the prestigious event as a platform to try to discredit important Ugly Mugs data on violence against sex workers in Ireland.

Ugly Mugs (UM) Ireland, a sex worker safety scheme, has published statistical data and reports that show, comparing the two years pre and the two years post the adoption of the Criminal Law (Sexual Offences) Act 2017 in Ireland, sex workers’ crime reports to UM increased by 91% and violent crime reports specifically increased by 92%.

Lucy Smyth of Ugly Mugs says this increase in violence against sex workers should be being taken seriously by the Gardaí. But, instead, the Garda and IAWP Conference permitted speaker Ruth Breslin of the Sexual Exploitation Research Programme (SERP) at University College Dublin to use their conference as an opportunity to try to completely discredit Ugly Mugs data.

In a report titled We live within a violent system Amnesty International have called for sex work to be decriminilised. A Noridc model law was implemented five years ago in the Republic of Ireland. This law has jeopardised the safty if Irish Escorts, rather than improve their saftey.

The law penalised brothel keeping, supporters of the law arguing that this improves the saftey of sex workers.   Amnesty say the law has a chillin effect, by preventing sex workers from working together for saftey. Sex workers say this can be extremely dangerous. They fear the guards more than the occasional dangerous client.

 

 

A man who attacked a transgender sex worker with a knife and demanded “free” sex has been handed a fully suspended sentence.

Liam Vickers, 23, pleaded guilty to assaulting the transgender sex worker in Dublin on 30 September, 2017, according to the Sunday World.

At an earlier hearing, Garda Sergeant Karl Colgan told the court that the transgender woman, who has not been named, received a call from Vickers on the date of the assault to ask if she was free to meet.

Men paying for sex are seeking women to act as their “real girlfriend” or a “real porn star” – or even both – and write online reviews complaining when they don’t get what they want, according to a new study.

The research says violence is “endemic” in the sex trade, with many women reporting fear of violence and actual physical and sexual violence.

A study conducted by the Sexual Exploitation Research Programme in UCD said that on a typical day there were more than 650 people advertising their services on Escort Ireland, the country’s largest prostitution advertising platform – about a third of them outside urban areas.

The report, funded by the Department of Justice, said traumatic consequences of prostitution, and trafficking, include physical injuries, long-term chronic pain and severe mental health problems.

They said the most effective way of doing this was to cut off demand.

The research-backed laws, introduced in 2017, criminalising the purchase of sex – a law which is currently being reviewed by the Department of Justice.

More than eight in ten people investigated for brothel-keeping since laws were changed to protect sex workers were women, according to new figures.

Helen McEntee, the justice minister, said that there have been 60 reported incidents of brothel-keeping since then. Of the 37 suspects, 31 were female and six were male. Of the 20 suspects charged or summoned, 17 were female and only three were male.

Singer-songwriter FKA Twigs uses her Twitter to spread awareness about world problems. She acts as an activist and advocate for social change. Last week, she allowed SWARM to take over her Twitter to share their work.

Are you a sex worker in Ireland? Currently working sex workers in Ireland are central to the review of the law. We need your input and we have a way in which you can submit to the review of the law anonymously.  Cont us on info@swai.eu to find out how.

Time is critical, the submissions end on the 11th September

“The long-awaited review of the Review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 law governing sex work is underway. This is an opportunity for policymakers in this country to listen to current sex workers about how the decriminalisation of sex work will keep everyone safer, including those who have been trafficked” says Kate McGrew, director of the Sex Workers Alliance Ireland (SWAI) and current sex worker.

She continues “Globally, sex work prohibitionists have been successful in conflating all sex work as trafficking. This, combined with the fact that other forms of labour draw more trafficking victims into Ireland, has meant that resources are being misspent on a strategy of criminalising the purchase of sex that has not been proven to stop trafficking. This conflation has also meant that consenting sex workers working together for safety have been caught up in so-called brothel raids. In fact, the only people who have been arrested for brothel-keeping in Ireland have been young, migrant women. The Sexual Offences law 2017 is being applied in a racist way, which has been noted by IHREC.” 

“US State Dept Trafficking in Person’s Report, released earlier this month, highlights how Ireland struggles to identify victims of trafficking. No one has been arrested for trafficking in Ireland since 2013. In fact, our laws have caused a 92% increase in crime against sex workers. What use are these laws, if not to protect people?

The Gardai in Ireland have been texting sex workers. Around 900 texts have been sent. These were sent on three occasions.  The majority who answered were concerned about money and accommodation. The texts were sent in March, April and May. Those sex workers who had accommodation issues where put in touch with the relevant authorities. A small number (The Gardai don't say how many) were seeking help from criminals.

 

It must also be emphasised, that the organisation SWAII have been helping sex workers financially.

Soaring rents and course fees are forcing Irish students to turn to sex work, a leading activist has claimed. We have young girls coming to us saying: 'I'm so glad you're here. I have been too embarrassed or ashamed to tell anybody that I'm doing this kind of work and it's very isolating and it's great to see you here.

She said: “The illegality and stigma forced on them by the new Swedish model of criminalisation means efforts by SWAI to ensure their health and safety is extremely difficult.