client criminalisation

Press release: Garda and court stats are proof that sex work laws are a complete failure

October 18, 2024

Statistics published by the Minister for Justice on the 8th of October demonstrate that sex work laws are failing on their own terms. Meanwhile, sex workers in Ireland have faced increased violence, threats, murder and stigma.

“Who exactly are these laws for?” asked Linda Kavanagh, spokesperson for the Sex Workers Alliance Ireland (SWAI). “The statistics confirm that the law is not reducing the demand for sex work. The number of summons increases year on year. Since its introduction, only a handful of clients have been prosecuted. This shows the law is not fit for purpose.”

“We do not advocate for the prosecution of clients because we know, and evidence has repeatedly shown, that any form of criminalisation of sex work harms sex workers themselves. This focus on punishing clients has done nothing to improve the situation for sex workers and has actively made things worse, as we warned when the law was debated.”

“The 2017 Sexual Offences Act was introduced with a promise to shift the burden of criminality away from those selling sexual services and onto those purchasing them. The reality, however, is that sex workers continue to operate in a climate of fear, where they are vulnerable to violence and exploitation, precisely because of the law. SWAI has long warned that the criminalisation of clients would drive the industry further underground, making it more dangerous for sex workers.”

“The figures released confirm what SWAI has been saying for years: the law is not protecting sex workers. Instead, it has created a hostile environment where clients and sex workers themselves are deterred from reporting violence or exploitation for fear of prosecution, leaving sex workers more isolated and at risk. Brothel-keeping laws are written so broadly that sex workers who are working together for safety are prosecuted and jailed, as we saw in 2019.”

“Despite its original, misguided intent to protect vulnerable individuals, the figures indicate that the law has failed to meet its objectives. Year after year, the US Trafficking in Person’s report highlights Ireland’s failure to prosecute traffickers and identify trafficking victims.”

“You only have to look at advertising sites to see the number of people in sex work has not fallen. Again we ask, who are these laws for?”

“While the delusional Act was supposed to allow sex workers to report violence without fear of prosecution, this so-called protection has not translated into meaningful support.”

“Recent research has shown that sex workers in Ireland feel stigma more profoundly than their counterparts in Scotland and New Zealand. We have also reported on stalking and harassment of sex workers in Kerry, Galway and Carlow in the past week. These are just two of many examples of how the law has made sex workers more vulnerable, more at risk, and less safe”

“The statistics speak for themselves—this law is failing sex workers. The criminalisation of clients has made our community more vulnerable, more at risk, and less safe. We need to listen to sex workers and the realities they face. It’s time for the government to act, decriminalise sex work, and provide real protections for those in sex work.”

Sex workers in Ireland face more stigma than other countries says new research

October 3, 2024

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

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

Press Release: Current sex work law did nothing to stop brutal rapist jailed for 18 years

July 30, 2024

A serial predator is now off the streets thanks to brave sex workers coming forward, against all odds

Yesterday Mr. Justice Tony Hunt sentenced Aaron Barwell (29) to 18 years in prison for the rape and assault of three sex workers.

Nordic Model Murders Sex Workers, handwritten on cloth with black and red markers

Mardi Kennedy, coordinator of the Sex Workers Alliance Ireland (SWAI) commented on the case today. “By noting that ladies who pursue this type of activity might be less tempted to bring it further, we feel the judge is acknowledging that the current sex work laws in Ireland have pushed sex workers away from paths to justice.”

She continues “Less than 1% of sex workers report crimes against them to the Gardaí, compared to 90% of the general population who have trust in Gardaí. We applaud these brave women who came forward to ensure that a predator known to the sex worker community has been jailed. But we must note that many sex working victims do not feel they can report to Gardaí.”

Linda Kavanagh, spokesperson for SWAI also said “The details of these abhorrent crimes show how the law has forced sex workers to deprioritise their own safety. In all of these cases, Aaron Barwell gave a false address which, as the judge notes, shows forward planning for his crimes.

Client criminalisation and laws that prevent sex workers from working together for safety or hiring a security guard, did absolutely nothing to stop this predator. This case highlights the urgent need for better protections and legal reforms to ensure the safety and rights of sex workers in Ireland and underscores the severe consequences of neglecting these needs and not listening to sex workers.

The current Nordic model of client criminalisation has proven detrimental to sex workers’ safety. Research and lived experiences have shown that these laws push the industry underground, increasing the risk of violence and exploitation.

Do we need to remind people that a sex worker was murdered just last year in Limerick? Everywhere the Nordic model has been implemented, violence against sex workers has increased. Client criminalisation forces sex workers to prioritise client safety over their own, leading to riskier behaviours and working conditions.”

Decriminalisation is the only viable solution to protect sex workers. This would reduce stigma, allow sex workers to work together for safety, perform their own risk assessments and facilitate better access to health and support services. The current government policies push people into sex work through economic hardship and then ensure they are not safe by criminalising their clients and working conditions.

Sex workers deserve better than laws that put them in harm’s way. They need to be heard and included in the policy-making process that affects their lives. We cannot trust the law review that is being unethically finalised by the Department of Justice.

We want to reach out to these sex workers and offer a listening ear and support.”

1 year on, Irish state and Gardaí don’t care about the murder of a sex worker

April 4, 2024

Anniversary of Geila Ibram’s Murder Highlights Continued Neglect of Sex Workers’ Safety by Irish Government

As we approach the first anniversary of the tragic murder of Geila Ibram, a sex worker in Limerick, the Sex Workers Alliance Ireland (SWAI) berates the Gardaí for continued lack of contact, while violent offenders prey on this community.

Linda Kavanagh, spokesperson for SWAI said “We recently learned through the media that another predator is preying on sex workers in Ireland. We have had no contact with the Gardaí about this, despite our attempts to open up lines of communication recently. We can confirm that Ugly Mugs, a safety app used by sex workers, was also not warned. Outdoor workers, such as street workers, are sitting ducks while the Gardaí refuse to use what little safety networks sex workers have to keep them safe. Gardaí pose as clients and lie to sex workers to get access to them, under the guise of so-called welfare checks, but refuse to warn them of dangerous attackers operating in the area. No wonder less than 1% of sex workers report crimes against them to the Gardaí, compared to 81% of the general population who have trust in Gardaí. ”

Mardi Kennedy, Coordinator of SWAI condemns the Irish government’s continued neglect of sex workers’ safety and well-being. “Geila’s murder stands as a grim reminder of the dangers faced by sex workers under the Nordic Model of client criminalisation, which prioritises ideology over evidence and endangers the lives of those it claims to protect.

Despite repeated warnings from sex workers and allies during the debates surrounding the introduction of the Nordic Model in 2015-2016, the government has failed to acknowledge the real consequences of this legislation. The Nordic Model, implemented in 2017, has only exacerbated violence against sex workers, as evidenced by Geila Ibram’s tragic death and the ongoing harassment, threats, and violence faced by sex workers across Ireland.”

SWAI demands immediate action from the government to address the urgent concerns facing sex workers in Ireland. Ministerial refusal to engage with SWAI and other stakeholders, coupled with the farcical review process of sex work laws conducted by the Department of Justice, reflects a blatant disregard for the voices and safety of sex workers. The delay, lack of transparency, and failure to include active sex workers in the review process raise serious questions about the government’s commitment to understanding the impact of these laws.

Mardi continues “In areas where reform is needed, the government has a strong track record of bringing in independent experts, and these experts have produced groundbreaking and change-making reports. As a matter of principle and in the pursuit of good governance, we demand that the Department of Justice reverse its decision to finalise the sex work law review in-house. It sets an alarming precedent that will have disturbing effects for many other marginalised groups.”

Linda added “The government’s refusal to listen to sex workers and its prioritisation of ideology over evidence and research is both unfathomable and dangerous. Geila Ibram’s murder should have been a wake-up call, but instead, it seems to have fallen on deaf ears. How many more sex workers must suffer or die before the government takes meaningful action and decriminalises sex work?”

In addition to the ongoing threats and violence faced by sex workers, the criminalisation of sex work exacerbates mental health challenges, housing insecurity, financial precarity, and isolation within the sex worker community. SWAI calls for the decriminalisation of sex work as a crucial step towards ensuring the safety, rights, and dignity of sex workers in Ireland.

As we mark the anniversary of Geila Ibram, SWAI urges the Irish government to prioritise the safety, well-being, and rights of sex workers by ending the harmful criminalisation of sex work and engaging meaningfully with sex workers in policy decisions that impact their lives.

Supporters of the Nordic Model have blood on their hands

December 17, 2023

International Day to End Violence Against Sex Workers closes out a brutal and deadly year for sex workers in Ireland.

Supporters of the Nordic model have Blood on their hands on a banner

Mardi Kennedy, coordinator of the Sex Workers Alliance Ireland (SWAI) says “This year has been devastating for Irish sex workers, marked by a murder in Limerick, raids disguised as welfare checks and an ongoing campaign of harassment targeting sex workers, including phishing scams and threats of violence. The Nordic Model of client criminalisation, supported by the government, contributes to increased violence against sex workers. We call for decriminalisation of sex work as a crucial step towards ensuring the safety of sex workers.”

She continues “The tragic murder of Geila Ibram, a sex worker in Limerick, underscores the consequences of laws disregarding sex workers’ voices and safety. We reiterate that warnings from sex workers and allies during the 2015-2016 Nordic Model debates have been validated by extensive research and lived experiences worldwide. And now the danger the state was warned about has come to pass. How the government chooses to continuously ignore sex workers and research is both unfathomable and confusing”.

Linda Kavanagh, spokesperson for SWAI says “Client criminalisation and so-called brothel-keeping laws have led to adverse effects on negotiation dynamics, prioritisation of the safety and well-being of the client rather than the sex worker themselves, and the industry being pushed underground, forcing risk-taking behaviours. The 2017 law escalated fines and introduced jail sentences for brothel keeping, making legal and safe work incompatible. The criminalisation of consenting adults has failed to curb exploitation and trafficking in Ireland and disregards sex workers’ calls for decriminalisation.”

She continues “In October SWAI reported on an ongoing campaign of harassment targeting sex workers, including phishing scams and threats of violence. This highlights the need to address violence against sex workers, which goes unnoticed and unreported. Less than 1% of sex workers report crimes against them to the Gardaí, compared to 81% of the general population who have trust in Gardaí.

This lack of trust in the police is caused by all-island brothel raids disguised as welfare checks, which conveniently happen around the 16 Days to End Gender-based Violence each year. The Gardaí, disguising themselves as clients, shamelessly deceive sex workers to gain access to them. These intrusive checks, coupled with their mass texts, have inflicted terror upon sex workers. It’s infuriating that this is the chosen method to combat trafficking and exploitation in the sex industry. It does nothing to end exploitation in the sex industry.”

“We also learned of another setback in the overdue review of sex work laws, with the independent reviewer stepping back. We condemn the lack of transparency and engagement with stakeholders and demand a restart of the review due to concerns about outdated data and the loss of direct engagement with sex workers. We have since learned that the reviewer stepped back due to the lack of faith the Department of Justice had in her and her methods.

The extended delay raises questions about the government’s commitment to addressing the issues faced by sex workers. We reiterate the importance of a thorough and transparent review process that genuinely considers the impact on sex workers’ lives. How can we trust this process when it has been a disaster from the beginning?

SWAI demands immediate action to address the urgent concerns facing sex workers in Ireland. We urge the government to prioritise the safety, well-being, and rights of sex workers, acknowledging their invaluable role in shaping policies that impact their lives.”

The tide has decisively turned against sex workers in Ireland, trampling their rights and safety. These are real people, coerced into solitary work for legality, only to be shunned by rape and assault services and denied mental health aid, branding their economic activity as self-harm.

In this hostile landscape of criminalisation, shame and stigma, threats and harassment loom large. The violence isn’t from clients but from men emboldened by the law’s dehumanising rhetoric. As the 16 Days to End Gender-Based Violence comes to an end, will the focus be on exposing the grim reality of harassment, stalking, and threats faced by sex workers, or will misguided support for laws perpetuating this violence persist?

In the face of murder, assault, robbery, and deceit at the hands of Gardaí, what does it take for their voices to be heard?”

Press Release: Threats of murder to sex workers have been normalised

October 27, 2023

This week a phishing scam from someone pretending to be a major advertising site contacted non-national sex workers who are currently advertising. Later in the week, these texts escalated into extreme threats of violence, including threats of murder.

Separately a man with an Irish accent has been calling sex workers, harassing them with threats of violence. All of this is part of an ongoing, sustained campaign of harassment with serious time and resources being put into it.

Mardi Kennedy, coordinator of the Sex Workers Alliance Ireland (SWAI) says “We are highlighting these events to warn sex workers about the phishing calls but also to highlight the type of violence against sex workers, who are mostly women, that goes unnoticed, unreported and not talked about.”

She continued “We also wanted to bring attention to the campaign of harassment that has been levelled against Ugly Mugs, the app sex workers use to keep themselves safe.

Due to online harassment, the person running the Ugly Mugs social media has been forced to take down their social media accounts. Ugly Mugs does not have an advertising budget and relies on word of mouth and social media to direct sex workers to this essential service. The police are powerless to address the violent threats that have been made to the person running the account and social media companies are indifferent.”

Linda Kavanagh, spokesperson for SWAI said “There have been countless complaints to 3rd parties about Ugly Mugs from somebody or some people over the past several months. This app is one of the few safety nets sex workers have. If this app disappears, sex workers will die. It is as simple as that.

Less than 1% of sex workers report crimes against them to the Gardaí, compared to 81% of the general population who have trust in Gardaí. How does this statistic not concern the Minister for Justice? How does it not concern those who campaign against gender-based violence?”

Linda continued “Sex workers are real people, who are forced to work alone to work legally. They are rejected from rape and sexual assault services because of their job. They are refused treatment by mental health professionals because the economic activity they perform is framed as acts of self-harm. Gardaí pose as clients and lied to sex workers to get access to them, under the guise of so-called welfare checks.

Threats and harassment are inevitable in the current environment of criminalisation and stigma. This violence is not from clients but from men who feel empowered by the law and the dehumanising language around sex workers. During the 16 Days to End Gender-Based Violence next month will we see a focus on the reality of harassment, stalking and threats to sex workers, or will we see more misguided support for laws and stigma that creates the environment for this violence?”

Sex workers failed by law AGAIN

March 14, 2023

When will the state own up to the fact that the law has failed and decriminalise sex work in Ireland?

Mardi Kennedy, coordinator of the Sex Workers Alliance Ireland (SWAI) commented on today’s guilty verdict of a man who assaulted two migrant sex workers in 2020 “The case today shows that the current sex work law in Ireland is failing on its own terms. The law did nothing to prevent the violent behaviour of this client.

We commend these brave workers who came forward and ensured the prosecution of a predator. However we note that this is unusual. Less than 1% of sex workers report crimes against them to the Gardaí, compared to 81% of the general population who have trust in Gardaí. How does this statistic not concern the Minister for Justice?”

Linda Kavanagh, communications manager of SWAI continues “In the wake of the change in the law in 2017, SWAI was the first point of contact for workers who were assaulted. As this case today proves, this spate of violence against sex workers has not abated.

Everyone deserves to be safe in their job, and sex work is an economic activity. The sex workers in this case noted that they worked for themselves, they were not being exploited or coerced.

The criminalisation of the purchase of sex does nothing to address the economic needs of sex workers. In fact, what it has done is made sex workers less safe and pushed sex work underground and away from services that can support them.

The strategy of so-called End Demand has created a climate of hostility and scarcity which means that sex workers may feel the need to take on clients who they would normally refuse or engage in riskier behaviour. It empowers clients to demand sex with no condom, for example.”

We MUST decriminalise sex work so that workers can work together for safety. We demand the Gardaí, the Department of Justice and supporters of the law listen to sex workers about what they need. They have the power to right these wrongs.”

* An earlier version of the blog post stated incorrectly that the sex workers were trans.

Press release: Irish government is complicit in violence against sex workers

December 17, 2022

“Today is International Day to End Violence Against Sex Workers, and since we marked this day last year there has been a notable shift in attitudes against sex workers in Ireland,” says Mardi Kennedy, coordinator of the Sex Workers Alliance Ireland (SWAI).

“The tide is turning against sex workers, and it is alarming to see”, Mardi continues. “This year the Department of Justice funded‘ I Must Be Some Person’ research highlighted that 1 in 5 street sex workers in Ireland has been sexually assaulted by Gardaí. This research was unique in giving voice to street sex workers who have been silenced in the dominant narrative around sex work in Ireland.”

Linda Kavanagh, comms manager for SWAI added “We have also recently learned of a sex worker who had their earnings seized at Belfast airport. Selling sex is supposed to be legal on the island of Ireland and yet this worker had her name published online and her earnings stolen by the police. Under what law have her earnings been seized?”

“All-island brothel raids were conducted in November with no mention of the well-being of the sex workers involved. Gardaí have posed as clients and lied to sex workers to get access to them to conduct so-called welfare checks. The Gardaí have then taken the names of the landlords of these premises. These checks, accompanied by mass texts, have terrorised sex workers and we have been contacted by many sex workers who are concerned by these actions. This is not how to go about combatting trafficking and exploitation in the sex industry.”

“Violence against sex workers comes in many forms, not just from clients. Police, the government, healthcare professionals, landlords, and society at large are all vectors of violence against sex workers. We know this because SWAI listens to sex workers themselves. Trust in the Gardaí amongst the rest of the population is at 90% according to the Gardaí’s own research. If we compare that to the Ugly Mugs stats, the only stats of crimes against sex workers that are collected, we see that less than 1% of sex workers report crimes against them to Gardaí.”

“In the past year we have learned that victims of trafficking who were prosecuted for brothel-keeping will not have their convictions wiped. There is a huge problem in Ireland with trafficked people getting recognised as such, while it suits many to conflate all sex work with trafficking. Just look at the number of traffickers prosecuted and how Ireland has been admonished numerous times for our lack of convictions” says Leah Butler.

She continues “On a more positive note, this year the review of the law continued and we eagerly await the outcome of this report. This review MUST centre on the experiences of current sex workers and how the Nordic model of client criminalisation has made sex workers more vulnerable to violence, including violence from the state.”

Here at SWAI we have hired a new coordinator and have a new board, made up of sex workers and allies. We have resumed our monthly coffee meet-ups, and online meet-ups to bolster the diverse community of sex workers in Ireland. We have sent vouchers to sex workers who are struggling with the cost of living crisis because we know that sex workers need more than rhetoric to survive.

This International Day to End Violence Against Sex Workers we demand that sex workers are listened to when we call for the decriminalisation of sex work. The cost of living crisis, on top of the years-long housing crisis, means more people turn to sex work to make ends meet. The Irish government is pushing people into sex work but simultaneously ensures they are less safe once they are.

Ominous texts from Gardaí scare sex workers during Days of activism against gender-based violence

December 1, 2022

Risk of eviction, mass surveillance and threats to our livelihood are just some of the issues that sex workers have faced just days into the 16 days of activism against gender-based violence.

“We have been inundated with calls and messages from sex workers who have received texts from the Gardaí. These texts have terrorised a population that is already fearful of interaction with the Gardaí” says Linda Kavanagh from the Sex Workers Alliance Ireland (SWAI).

“This week there have been reports of so-called welfare checks by Gardaí on sex workers, where Gardaí have posed as clients and lied to sex workers to get access to them. The Gardaí have then taken the names of the landlords of these premises. Brothel raids have been conducted both north and south of the border and there have been trafficking arrests. However, there is no mention of the welfare of the sex workers who worked there. This is not how to go about combatting trafficking and exploitation in the sex industry.”

“Ireland must recognise that, for sex workers, Gardaí can be a vector of violence. The “I Must Be Some Person” research, published in August of this year highlighted that one in five street sex workers interviewed had experienced being sexually exploited by the Gardaí. Trust in the Garda amongst the rest of the population is at 90% according to the Gardaí’s own research. If we compare that to the Ugly Mugs stats, the only stats of crimes against sex workers that are collected, we see that less than 1% of sex workers report crimes against them to Gardaí.”

“The 2017 law is failing on its own terms. It has pushed sex work underground, away from Gardaí and services that can help. The law does nothing to improve the situation of a population who are already on the margins of society. In order to improve relationships with Gardaí, we must decriminalise sex work so that sex workers can feel safe reporting crimes against them. Sex workers deserve to be safe and they deserve laws that uphold their safety.”

Press release: Sex workers lives at risk amid fear of reporting assaults due to bad and misguided legislation

November 14, 2019

Both sex workers and Gardaí have known about these criminals for some time but sex workers refuse to contact the Garda because trust in Gardaí is at an all-time low since the law changed in 2017.

“The increased assaults and robberies on sex workers currently being investigated by gardaí are a direct consequence of the Criminal Law (Sexual Offences) Act 2017, which specifically prohibits sex workers from working or even living together for safety, so-called brothel-keeping, and makes the consensual purchase of sex a criminal offence” says Kate McGrew, current sex worker and Director of Sex Workers’ Alliance Ireland said today.

Commenting on the announcement that gardaí are investigating a systematic series of physical assaults and robbery of sex workers, she said “The 2017 law, which is due for review in early 2020, should be scrapped. It should be replaced by legislation that decriminalises sex work and to provide labour law, health and safety guarantees instead.”

“Under the 2017 legislation, sex workers have faced ever greater physical threats due to increased stigma and isolation. This has directly facilitated the type of attacks now being investigated by Gardaí because criminals can realistically assume that sex workers will be alone and defenceless if attacked. If they are working together for safety the criminals know the worker is unlikely to call the Gardaí because they fear being prosecuted for so-called brothel-keeping. These fears are not unfounded since two migrant workers working together for safety were jailed during the summer this year.

“The fact that these attacks are being carried out by gangs of people means that sex workers lives are now at risk from criminals gangs. The negative impact of the law is vividly shown by the fact that gardaí have had to issue the ludicrous assurance that sex workers who have been violently assaulted and robbed will be treated with the ‘utmost sensitivity and confidentiality.’ Such a statement would never need to be issued for any other worker or person subject to violent attacked and theft,” Kate McGrew said.

“Asking sex workers to only see known clients to them shows the disconnect that the Gardaí have from the lived experiences of sex workers. A worker needs to pay rent, pay bills and feed themselves, just like everyone else and is not in a position to turn away clients. Many sex workers are single mothers and on the run up to Christmas, they cannot afford to follow this advice.”

Through our safety networks, SWAI and sex workers have known about these criminals for some time but workers refuse to contact the Garda because, at best, they fear surveillance of their workplace or clients and their livelihood taken away.

“The law is placing the gardaí in an impossible position. If they encounter a sex worker living alone it is ‘legal’, but if contacted by sex workers living together for safety they must prosecute them as criminals,” she said.

“Declan Daly, Detective Chief Superintendent from the Garda National Protective Services Bureau said on Morning Ireland that this is a vulnerable population but the law is what is making the workers vulnerable.

It doesn’t have to be like this. In New Zealand sex work is decriminalised. Sex workers can take legal action for assault or exploitation, without being ‘shamed’ for their profession. A similar approach should apply in Ireland.

We all deserve to be safe and we all should have laws that work to make us safer. Sex workers deserve this too. The egregious waste of Gardaí resources used to prosecute consensual sex work and workers working together for safety could be better used in prosecuting criminals such as these. We have worked previously with Gardaí to successfully prosecute serial rapists in the past.

We need assurances from the Gardaí that if workers who have been working together for safety are attacked they will not be prosecuted under brothel-keeping laws. We need removal of brothel-keeping laws that mean that workers can work together safety. We need to be included in the review of the Criminal Law (Sexual Offences) Act 2017 and we need sex work fully decriminalised.”

#DecrimforSafety #SupportSafeSexWork