|
 On January 1, 1999 Sweden adopted legislation, the Law That Prohibits the Purchase of Sexual Services, in an effort to address the country’s growing problem of human trafficking and sexual exploitation. This legislation made it illegal to buy sex and changed the perception of prostitution as an act of male violence against women and children, thus treating prostitutes as victims in need of help and support.
Until 1999, Sweden was one of the many countries in the world where prostitution was legal. However, as studies show, legal and regulated prostitution leads to exponential increase of sex industry outlets, rise in child prostitution, escalation of violence against women and children, and growing involvement of organized crime in the industry. Sex industry presents a lucrative opportunity, as human trafficking for purpose of sexual exploitation is the third most profitable crime after drug and arms dealings. Recently, two brothels were shut down in Netherlands after their connection to organized crime was discovered. While regulated prostitution is supposed to protect the rights of sex workers and provide support in case they want to leave the industry, continued surveys of prostitutes show that majority of them still feel “coerced, forced, and unsafe in the business.” Additionally, 79% would prefer to leave the sex industry, but feel that there is no adequate help and resources to do that. Moreover, legalized sex venues provide shelter and cover for criminal acts of sex trafficking, becoming links in the gruesome chains of supply and demand.
Before Sweden passed the law, the perceptions were that the sex workers chose this profession and are equal partners in the deal of selling sexual services. While it might be true in some cases, majority of sex trade involves trafficked women and children that are being forced, intimidated, violated, and stripped of their humanity. Sweden took a major step in turning the tables and recognizing that all these things are happening because there are men who are driving the demand for such heinous crimes. In preparation stages of the legislation, the Swedish government declared the following:
“By prohibiting the purchase of sexual services, prostitution and its damaging effects can be counteracted more effectively than hitherto ... The government considers, however, that it is not reasonable to punish the person who sells a sexual service. In the majority of cases at least, this person is a weaker partner who is exploited by those who want only to satisfy their sexual drives.”
With passing and enforcing the Law that Prohibits the Purchase of Sexual Services, the government made it their goal to ensure that the law only pursues the buyers of sexual services as criminal offenders. The persons who are selling the sexual services are free of any criminal or legal prosecution and are offered support and resources if they choose to leave the sex industry. The Law states the following:
“A person who obtains casual sexual relations in exchange for payment shall be sentenced—unless the act is punishable under the Swedish Penal Code—for the purchase of sexual services to a fine or imprisonment for at most six months. Attempt to purchase sexual services is punishable under Chapter 23 of the Swedish Penal Code.”
The sexual services include all categories of sexual services purchased in all possible venues, such as “on the street, in brothels, in so-called massage parlors, from escort services, or in other similar circumstances,” according to Gunilla Ekberg in The Swedish Law That Prohibits the Purchase of Sexual Services.
Since the enactment of the law, the number of prostituting women went from 2,500 in 1999 to 1,500 in 2002. The number of street prostitutes also decreased from 650 to 500 respectively. There are some claims that the prostitution moved to the Internet. But a study conducted by the Net Sex Project at the University of Gothenburg concluded that the number of Swedish women selling sexual services online remained relatively the same, 80-100, “with the same women advertised on many different Web sites,” Ekberg reports.
Additional studies reported that men purchasing sexual services are of all ages and all income levels; some of them are married and have children, some are living with a significant other. Thus, when arrested and charged with a purchase of sexual services, most men plead guilty to avoid both embarrassment of a trial and confrontation on the domestic front. Furthermore, Ekberg comments that since the enactment of the law, there is no increase in Swedish men traveling to developing countries for the purpose of sex tourism. She attributes this fact to the “extraterritorial jurisdiction” of Swedish laws, which means that Swedish citizens are subject “to be charged, prosecuted, and convicted under Swedish laws when having committed a crime in another country.”
Another area where the effects of the law are evident is trafficking in women and children for the purpose of sexual exploitation. Before 1999, Sweden was a transitional point for trafficking women from Estonia, Lithuania, and Russia. The National Criminal Investigation Department reported in 2004 that some 400 to 600 women were trafficked in Sweden annually. These numbers are regarded as low when compared with Sweden’s neighbors: 10,000 to 15,000 women in Finland and 5,500 to 7,800 women in Denmark annually. Additionally, Europol and law enforcement agencies in other European countries collected information that Sweden “no longer is an attractive market for traffickers.” Ekberg expands on the subject: “Traffickers and pimps are businessmen who calculate profits, marketing factors, and risks of getting caught.” The law imposed certain limitations on sex industry, such as clients’ “demand <of> absolute discretion,” frequent change in operating venues, all making it too expensive for the trafficking criminals to operate their business. Sadly, many other countries present more profitable and less risky opportunities to traffic in women and children for sexual slavery.
Based on all of the above, the legislation to criminalize the purchase of sexual services has been effective in lowering the numbers of sexually exploited and trafficked women and children. In certain areas, according to Ekberg, 60% of prostituted women left the industry and started new lives with the support from the government. Also, 80% of the general population is still in favor of the legislation. The Swedish government recognizes that the law is a deterrent to the criminal activities of the sex industry, however, there still needs to be more work done to close many loopholes on the issue of sexual exploitation and trafficking in women and children. Many governments have seen the law at work and its effects by now. Several countries are following Sweden’s example already by debating and adopting similar legislations. There is no reason why the United States should not be analyzing the progress made in Sweden and try to apply it here as well. After all, the sex trafficking exists and expands because there is a demand for this activity. The supply chain can only be broken by eliminating the demand. Prostitution is illegal in majority of the United States, but arresting and re-arresting prostituting women is not the answer. Trafficking criminals, pimps, and customers are the true problem and are the ones who should be criminalized and prosecuted. It is easy to follow in someone’s footsteps, especially when there is a confirmation of success and well-being.
To contact your government officials, please visit:
http://www.house.gov/
http://www.congress.org/
http://www.senate.gov/
To learn more, please visit:
http://www.justicewomen.com/cj_sweden.html
http://www.siyanda.org/static/ekberg_sexual_services.htm
Source:
The Swedish Law that Prohibits the Purchase of Sexual Services: Best Practices for Prevention of Prostitution and Trafficking in Human Beings by G. Ekberg
http://www.justicewomen.com/cj_sweden.html
|
