client criminalisation

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

Press Release: Today’s actions will decrease trust in Gardaí for already marginalised sex workers

September 27, 2019

Kate McGrew, current sex worker and spokesperson for the Sex Workers Alliance Ireland(SWAI) said “The criminalisation of client law was brought in with great fanfare over 2 years ago but, as yet, has only seen two men prosecuted for the purchase of sex in Ireland. It is unclear at this time that any of the 38 people questioned will be prosecuted.”

She continues “In early 2020 there will be a review of the impact of the law so we are not surprised that there has been an increase in the questioning of those who seek the service of sex workers. But we know from figures gleaned from Ugly Mugs, an app sex workers use to keep ourselves safe, that over the past 2 years the laws have seen sex workers being deported, arrested or forced to leave the country to avoid prosecution for working together for safety. We also know that there has been a marked increase in violent crimes against sex workers here in Ireland, an increase of 92%. As far as we know everyone who has been prosecuted of so-call brothel-keeping in Ireland has been a migrant. All of this begs the question, who is truly being affected by the law, who are the vulnerable persons the Garda say they are protecting and who are we trying to keep safe?

With closures of Gardaí stations around the country we know that the Gardaí’s resources would be better served investigating other crimes. We’ve seen from the report released last week, commissioned by the Department of Justice Northern Ireland that the law does not reduce demand or, indeed, trafficking.

We don’t know anything about the workers who were caught up in these actions. We don’t know if they were consenting workers or part of the minority of those who have been trafficked into Ireland for sex work. These actions have not addressed the root causes of sex work, such as austerity, poverty, lack of childcare. These actions have not provided the supports on exiting sex work, should people want to exit, which were promised with the introduction of the law.

This year we have seen the results of sex workers working with Gardaí which led to the conviction of a serial rapist of sex workers. But we are afraid that actions such as those reported on today will result in a decrease in trust in the Gardaí. We know that less than 1% of crimes committed against sex workers are reported to the Gardaí. We would like to see Garda efforts focus on actually helping sex workers when they are the victims of a crime, instead of meddling with their means of survival.”

SWAI is the only front-line, sex worker-led organisation in Ireland and we want to see sex work fully decriminalised. These laws make clients more fearful, which impacts the safety of sex workers. One of the many reasons we want sex work decriminalised is so that sex workers can work with the Gardaí to combat trafficking and exploitation in the industry. We only have to look at New Zealand and New South Wales in Australia to see how full decriminalisation has led to cooperation between workers and the police. If we truly want to combat trafficking the Gardaí should work with their best allies, sex workers, instead of targetting them and their livelihood. We ask that misinformed politicians listen to us, the very people who are materially affected by these laws. Who are these laws helping? Sex workers want to be safe, like everyone else.

#DecrimforSafety #SupportSafeSexWork.

Press release: Gardaí questions 36 men but many more sex workers have been arrested

April 29, 2019

Gardaí should protect the most vulnerable. Instead our laws put marginalised people in danger and waste precious Garda resources.

Kate McGrew, director of SWAI and currently working sex worker said “36 men have been questioned over purchase of sex in the past few days and, while this is a huge number this is still far less than the 55 workers who have been prosecuted for working together in safety*, so called brothel-keeping. Of these 36 men we don’t know how many, if any, will be prosecuted. All the while there has been a 92% increase in violent crime against sex workers since the 2017 laws came in. This is where Garda resources should be directed”

She continued “While we don’t know the details of the cases, the press release from the Gardaí reads like there was mass surveillance on workers. The outcome of this will mean that clients will not use their real names or phone numbers to evade detection. This puts workers at a very real risk as they will be less able to screen predators. They may also insist that workers come to them, taking the worker out of their security zone and into somewhere unknown. Sex workers are now forced to work in isolation, which puts them at further risk of violence and exploitation. Ultimately sex worker will be driven further underground, which does nothing to help the minority of trafficked people working in sex work in Ireland.

“There is nothing in the Garda statement about the workers. We don’t know if they are safe, or whether they were coerced or consenting adults. Sex work is a particular type of work that people do when they have few other options. The law does not help them. Workers will be forced to take risks to make ends meet. Questioning and arresting clients is, in fact, not support for sex workers and is a terrible use of stretched Garda resources. Mass surveilance of sex workers leads to distrust in the Gardaí, making workers less likely to report when they have been assulated.”

“The bottom line is these actions reported today are not support. The actions by the Gardaí over the past few days and the resources spent on them do nothing to help sex workers, should they want to leave sex work. In the past we have worked with the Gardaí and workers who were violently attacked to bring those perpetrators to justice. During the period of escalated violence that has followed the 2017 change in law, SWAI has been increasingly involved on the ground with helping workers on the ground in emergency situations. In our interactions with the Gardaí, even when they are dealing with workers who have been attacked, it is clear that they are overstretched. We fear that actions such as those reported today will mean a loss of trust in the Gardaí. We would like to see Garda efforts focus on actually helping sex workers when they are the victims of a crime, instead of meddling with their means of survival.”

The Sex Workers Alliance Ireland, the only sex worker led front-line organisation in Ireland, want to see sex work decriminalised. Studies have shown that where any aspect of sex work is criminalised it means increased violence and adverse health conditions for the worker**. The 2017 law does nothing to address the precarity and lack of security that can lead to human trafficking. One of the big reasons we need full decriminalisation in Ireland is to improve relations with Gardai, so that those on the ground – sex workers and clients alike – can easily report exploitation, abuse, and trafficking without repercussion. We ask that misinformed politicians listen to us, the very people who are materially affected by these laws. Who are these laws helping? Sex workers want to be safe, like everyone else.

#DecrimforSafety #SupportSafeSexWork.