Sex Workers Alliance Ireland (SWAI) and other sex workers’ rights advocates have welcomed the new research published today by Lynzi Armstrong, Senior Lecturer in Criminology, Victoria University of Wellington, New Zealand that finds that criminalisation harms sex workers in Ireland. This research shows that sex workers in Ireland have been ignored about the harms of the law and that, among the countries participating, sex workers in Ireland felt more stigmatised than in other countries.
Linda Kavanagh from SWAI said “The pending review of Part 4 of the Criminal Law (Sexual Offences Act) 2017 must call for the full decriminalisation of sex work and recognise the harms of the current law. Anything less will prove to us, once and for all, that this review process is a farce.”
Prof Armstrong’s new research highlights the mental health impacts that sex workers in Ireland face, compared to other jurisdictions. It echoes previous research that sex workers are not listened to and that client criminalisation exacerbates risks facing vulnerable sex workers.
The review of the law affecting the safety of sex workers in Ireland is expected to be released in the coming weeks. Throughout this review process, and despite multiple requests, there has been a lack of transparency and meaningful consultation with sex workers.
“This review must provide proof that sex workers were listened to about their health and safety under this law. There is a mountain of evidence from sex workers themselves that violence and fear have increased under the law, and trust in Gardaí has fallen. By forcing sex workers to work alone, the state is forcing them into harm’s way. Working safely and working legally are now incompatible, under the law” said Linda Kavanagh.
Molly from Street Workers Collective Ireland says “This report adds to the record of sex workers’ experiences that demonstrate that the 2017 law is harmful, and that the damaging impacts of it are felt more acutely by the sex workers who are struggling the most – precisely those this law maintains to want to protect. Many sex workers continue to face poverty, precarious migration status, housing insecurity and homelessness and are now left to work in even more dangerous and challenging circumstances than before. The law provides no remedy to the real issues sex workers face. It only increases the risks. If the review is an honest evaluation of the safety of sex workers in Ireland, then it should be recommending decriminalisation. The way in which it was conducted however means that we can have no confidence that the needs of sex workers will be taken into account – we weren’t consulted in the first place, and the corollaries of this are clearly visible in the current legislation.”
Lucy Smyth from Ugly Mugs said “The 2017 Act has broken the already damaged relationship between people in sex work and an Garda Síochána. I am deeply concerned at the shocking levels of abuse and violence I am now seeing directed at the sex work community on a daily basis and the lack of any appropriate response to this by the State. This Review must urgently address this issue but I am very worried that it will not.”
Gillian Wylie, Trinity College Dublin, and board member of the Irish Sex Work Research Network (ISWRN) stated “We welcome Prof Armstrong’s new report that reflects the findings of our member’s research. The ISWRN is a sex work research network whose board includes academics from major universities across Ireland. The ISWRN reached out to the Department of Justice to try to engage with this review process and is disappointed that the Department of Justice declined to do so. The ISWRN is disappointed the Department of Justice has so far failed to take on board the significant body of evidence based on our respective research and analysis of sex work and prostitution policy in Ireland over twenty years, spanning the period before and after legislative change in 2017.”
Stephen Bowen, Executive Director of Amnesty Ireland said “Amnesty’s research in Ireland too has found that effectively criminalising sex workers is causing them serious harm. This new piece of work is an important addition to the growing body of independent expert research on Ireland’s 2017 law, and where people engaging in sex work are included. There is no credible evidence or basis to suggest this law is in any way helping sex workers access justice, support, or exit routes should they want.”
“Regrettably, this review report is being drafted by the Department that created this law, so we fear it will recommend retention. Obviously, we hope our concerns will prove unfounded. We make a final appeal to the Minister for Justice to do the right thing, and recommend decriminalisation and provision of actual supports for sex workers. Otherwise, the report must be withdrawn and the review recommenced, not as some legal formality but because sex workers’ safety and lives are at stake.”
Research:
“In an ideal world, it would be fully decriminalised”: Stigma, discrimination, and sex work laws in Scotland, Aotearoa New Zealand, and the Republic of Ireland.
https://openaccess.wgtn.ac.nz/articles/report/Stigma_Discrimination_and_Sex_Work_Laws_Insights_from_Aotearoa_New_Zealand_Scotland_the_Republic_of_Ireland/26778190?file=49574457
Links to Amnesty Ireland’s research and testimonials from sex workers https://www.amnesty.ie/sex-workers-rights/
Sex workers lives under the law HIV Ireland research https://www.hivireland.ie/policy-news-and-media/research/sex-worker-lives-under-the-law/
Report published on impact of sex purchase offence in Northern Ireland https://www.justice-ni.gov.uk/news/report-published-impact-sex-purchase-offence#:~:text=The%20review%2C%20carried%20out%20by,its%20operation%20after%20three%20years.
HSE National Office for Suicide Prevention Community Engagement for Suicide Prevention: Exploring Sex Worker Experiences in Ireland https://www.hse.ie/eng/services/list/4/mental-health-services/connecting-for-life/publications/grant-scheme-paper-6.pdf