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172 J.P.N. 1 (2008)

handle is hein.journals/cljw172 and id is 1 raw text is: EDITORIAL PROSTITUTION - HOW TO STOP TRAFFICKING It is one of the grimmest and most disgusting trades of modern times. It is not confined to the UK, but the problem is apparently particularly severe here. I refer to the trafficking of women, mainly young and from former communist countries, to work as prostitutes. They are lured with promises of a glamorous life into sex slavery. In the unlikely event that they manage to escape their captors, they face the near certainty of being forced to return to their homes covered in undeserved shame and disgrace. It is imperative that we tackle this evil business in any way that we can. But this is a complex problem with many dimensions. Unless solutions are very carefully thought through, matters could be made even worse for these unfortunate people. This brings me to the proposal by Dennis MacShane, former Europe Minister, with the support of two other former ministers, to tackle the demand side. Under proposed legislation which he and some colleagues have introduced, police chiefs and councils will be given powers to bring men who pay for sex before the courts. This appears to have the support of the Minister for Women, Harriet Harman. In a radio interview on December 21, she stated: Do we think it's right in the 21st century that women should be in a sex trade or do we think it's exploitation and should be banned? ... Just because something has always gone on, it doesn't mean you just wring your hands and say there's nothing we can do about it. Ms Harman believes there should be a debate. I agree, provided that all who take part keep their feet on the ground. There is no analogy here with prosecuting those who view child pornography. The production of this stuff is illegal, and its customers share that illegality. Prostitution, on the other hand, is legal (albeit everything associated with it is prohibited). It may be unattractive to many that people (of both sexes) take this up as a career, and tragically, these days, the reason is often to pay for drugs. It is also ripe for criminal exploitation, as with the traffickers. I doubt whether there are many prostitutes who are happy with their lot, even where they entered this profession willingly. The fact remains, however, that if a man or woman wants to go down this road, should they, let alone their customers, face prosecution in the absence of some aggravating factor such as public nuisance? And how can proper limits be set? Payment for sex can take all sorts of forms. Will keeping a lover in fine clothes and jewellery be prohibited? It seems likely that the preference will be for some sort of zonal enforcement; ie, local authorities and police forces will identify particular problem areas for action. But if that is the chosen solution - and it seems to be the only practicable one for the reasons mentioned above - how will this assist the plight of sex slaves? We will have strayed far from the criminality that prompted the debate in the first place. Moreover, there must be a risk that prostitutes will be exposed to even greater dangers. If they are forced to abandon their preferred territory and are not given sufficient chance to assess prospective customers their safety could be at greater, rather than less, peril. The answer, I suggest, is to go further than the Council of Europe Anti-Trafficking Convention (which we are yet to ratify), which gives support to those who escape from their pimps and identify offenders. There should be official rewards and generous immunity for all who give helpful information, even if they were deeply implicated. Prosecuting customers, who may be quite unaware of the prostitute's background, serves only to strike a soft target in the speculative hope that it will quell demand which will in turn reduce trafficking. It could, in fact, drive the trade even further underground with consequential greater dangers for those who ply it. AJT Volume 172 JUSTICE °fte PEACE 1 °fthe

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