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Author Archives: Wendy Lyon

Don’t ask, don’t tell, don’t listen – Joan Smith on the Swedish sex trade law

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Yesterday, the Independent ran this article by Joan Smith about Sweden’s sex trade law. Joan Smith is, in her own words, a “feminist author and columnist” and the essence of her article was that the law criminalising clients is an unqualified success.

This is despite the fact that she seemingly didn’t speak to a single member of the group most affected by the law, by which I mean Swedish sex workers. Her investigative method was to “jump in a squad car with local police” as they tailed working women around the streets of Stockholm, and then to uncritically report what those police told her.

Jem over at It’s Just A Hobby has already passionately conveyed her feelings about sex workers being ignored in this way. Please go and read her post and come back here when you’re done. If you only have time to read hers or mine, read hers. It’s more important.

For those of you who made it back here, I just want to add a couple things. The refusal to listen to sex workers’ voices isn’t only offensive, insulting and pretty much without parallel (would Smith “investigate” the results of a law on domestic violence without speaking to women who’d experienced it? Would she take police at face value that they had improved their handling of rape cases without asking rape victims if they agreed?), it’s also bad policy. It means she isn’t – can’t be – getting the full picture. She isn’t even asking all the relevant questions.

Just to give a few examples from that piece:

“The woman, who hasn’t broken any law, is offered help from social services if she wants to leave prostitution. Otherwise, she’s allowed to go.”

Did she accept the help? If not, why not? Has she accepted the help before? If so, why is she still on the streets? Now that she’s lost the income from that client, how will she compensate for it?

“[The national rapporteur on trafficking in human beings] talks about why women end up in prostitution, citing research that shows a history of childhood sexual abuse, compounded by problems with drugs and alcohol.”

Does that narrative accurately describe you?  Were there different or other factors that brought you where you are [and that Sweden will need to address if it wants to get you out of the sex industry and prevent others like you from entering]?

“Where 70 or 80 women used to sell sex outdoors, these days it’s between five and 10 in winter, 25 in summer.”

What happened to the missing women? Did they just go indoors? Did they leave Sweden (perhaps to work in a country where the clients aren’t as well-behaved as the cop claims the Swedish clients are)? Did they find “straight” jobs, or did they have to turn to other less desirable ways of earning income? Are they all even still alive?

“Before 1999, most women in street prostitution in Stockholm were Swedish. Now they’re from the Baltic states or Africa, and have sold sex in other countries as well.”

Why did they come to Sweden? Was the sex trade law itself the draw, or did they come for different reasons but find themselves unable to get any other work? Why aren’t they availing of that “help from social services”?

“They tell Haggstrom’s officers they’re much more likely to be subjected to violence in countries where prostitution has been legalised.”

Do they really?

“one of the criticisms of the law was that it would make prostitution more dangerous. All the Swedish police officers I spoke to insisted this was a myth”

Is it really a myth? Or are sex workers just less likely to report violence to police officers, now that they depend on income from a criminalised source?

“”If a sex buyer can find a prostituted woman in a hotel or apartment, the police can do it,” Haggstrom observes sardonically.”

Is this really true? Or do the police simply not know when they haven’t found a sex worker whom a buyer has found?

“40 women, mostly from Romania, had sufficient confidence in the Swedish criminal justice system to testify against the men exploiting them”

How many women in the sex trade didn’t have sufficient confidence in the criminal justice system to testify?

“In a brightly lit street, Haggstrom points out a couple of Romanian women who work as prostitutes.”

Once again, why are they selling sex in Sweden? Why haven’t they availed of the social services? Why isn’t the Swedish law “working” for them?

My last question there is a key one. Reading this article, I was struck by the number of references in it to women still in the sex trade. The Baltic and African women. The Romanians on the street. The 40 Romanians who testified in last year’s trafficking trials. The woman of undisclosed nationality whose income source was arrested at the start of the article. Even if you buy the Swedish claims that their numbers have dropped precipitously – and remember, those claims relate only to street prostitution, which was only a tiny part of the industry to begin with – there’s obviously still a Swedish sex trade. And the women (and men) working in it are actual human beings who presumably have views on the law and what its consequences have been for them. One would think that those consequences would be at least as important, to a feminist like Joan Smith, as the crude number count. Which in any case clearly excludes these women from the “success” narrative, a fact I’d expect her to also deem worthy of exploration.

But Smith didn’t just consider it irrelevant to ask these women what the law has meant (and hasn’t meant) to them. She also refused to engage with the many sex workers who tweeted her to point out this omission, the sole exception being her dismissive response to Jem. She allowed police officers – people who see it as their mission to drive sex workers out of business, people who have a long history of using sex workers for their own ends in all sorts of nefarious ways (yes, even in post-criminalisation Sweden) to define their experiences for them.

I have a few words for that type of reporting. “Feminist” isn’t one of them.

No, new research does NOT show that violence decreases under the Nordic model

[Update: in response to communication from Feminist Current’s Meghan Murphy, I am happy to clarify that the article critiqued below is not a “Feminist Current piece” but a Sam Berg piece which Feminist Current merely hosted.]

There’s been a bit of a social media buzz over this article on a radical feminist website, which claims that a recent Pro Sentret report from Norway – which you can read in English here – shows that “violence decreases under the Nordic model”. The author backs up her claims with an impressive array of graphs (and a fair smattering of ad hominems), and unsurprisingly receives glowing praise in her comments from people who were clearly predisposed to believe anything she said on the subject anyway.

I hate to burst their bubble. Well, actually I don’t.

The author kindly linked to one of my own posts on the report, though she seems not to have read it. If she had, she would have noticed that very near the start I referred to “methodological limitations” that made it unsafe to draw cause-and-effect conclusions from the study. At the time I didn’t feel it important to get into those limitations, but I will now. Apart from the health warning that always applies in studying a hidden population, there are two really massively important issues here:

1. Lifetime vs recent experience. The 2007-2008 study asked sex workers if they had ever experienced violence, throughout their “entire career in prostitution (which could be anything from one day to 50 years)”. The newer study asked about violence in the past three years alone. These are two very different questions, which can’t possibly give rise to comparable answers – at least without a detailed examination of the raw data, which we don’t have. We don’t know how long the respondents had been selling sex, in either survey; we don’t know how many in the first study had sold for more than three years nor how many in the second study had sold for less (though 16% of the latter group said they were not selling at the time the survey was carried out). You would expect, of course, that the more actual sex work-years covered by the survey, the more violence would be reported; and if we assume that the first study covered more actual sex work-years then we would expect to see higher rates of violence in it. I’m not even comfortable making that assumption on such flimsy data (which is why I didn’t make it in my initial post). But we certainly cannot make the implicit assumption that the Feminist Current post depends on, ie, that the two studies cover the same number of actual sex work-years.

2. Norwegian vs. foreign experience. Both surveys recorded sex workers’ experience of violence in prostitution wherever it occurred. For the 2012 study, we have a breakdown: 70% of respondents said it only happened in Norway; 12% said Norway and elsewhere; 10% said only elsewhere; 8% didn’t answer. There is also a breakdown of the venues within each country, but that is all. We don’t know, for example, which types of violence occurred in which country, or how many of the specific incidents occurred in which country. This makes it impossible to know how much of the reported violence even took place under the Nordic model. And we don’t have any of this data from the 2007-2008 study, so there’s really nothing for us to compare here at all.

Now, really, that ought to be enough to make it clear that Feminist Current’s claim is totally unsubstantiated. But just for the sake of argument, let’s say we really were comparing like with like. Would that justify their conclusions?

I’ll just address their headline statistic, namely, the claim that rape is down by half in the new study. That comes from here:

NorwayRape

And indeed, the drop from 29% to 15% looks impressive. But wait a minute – look over in the left-hand column, halfway down. See that category of “threatened/forced into sex that was not agreed to”? Last I checked, that’s rape. And the number who said it had happened to them in the past three years was not 15%, but 27%.

The Feminist Current author didn’t miss that category of violence – in fact, she commented on it, but totally missed its significance. She also missed what the report’s authors had to say about it, which is as follows:

We have looked at how many checked both answers which could mean that they define both these categories the same way. Only 6 people have done this, which confirms our suspicion that many of the women would not characterize actual rape as rape. This also means that the actual frequency of rape is considerably higher than what is shown in table 10. If we combine the amount that checked these options and then subtract those that checked both we see that as many as 34%(25 people) of those that have experienced violence in the last three years have been raped/threatened into sex that was not agreed to.

So how does the 34% de facto rape rate compare with its 2007-2008 counterpart? To find that out, we’d need the same accounting exercise to be carried out on the earlier data. It could be that in 2007-2008 there was zero overlap between the persons who said they’d experienced rape, and the persons who said they’d been threatened or forced into having sex; this would give us a de facto rape rate of 64%, from which 2012’s 34% would still be an impressive drop. On the other hand, it could be that every person who said in the first study that they’d experienced “rape” also ticked the box for “threatened/forced etc”, which would mean the de facto rate in 2007/2008 was only 35%. In that case, the subsequent drop to 34% would be considerably less impressive, and probably statistically insignificant. The fact is, we simply don’t know.

Finally, since the Feminist Current argument rests entirely on the claim that “serious” violence is down in the 2012 study, I think there’s one other stat in that image worth highlighting:

Norwayweapon

This of course is subject to the same flaws as everything else in this study, and I’m not pointing it out to suggest that the number of sex workers threatened with a weapon actually has increased under the Nordic model, by 50%, from less than a quarter to approximately a third. I just think it’s kind of…curious that someone who takes the stats at face value, and accuses others of ignoring inconvenient data, doesn’t see any room for this in her analysis of how “serious” violence has changed under the law. But maybe she doesn’t consider “threatened with a weapon” to be serious enough.

There’s a lot more to criticise in that piece if I had more time, not least its contradictions with the radical feminist conception of sex work as inherently violent, inherently rape – and the way it almost mockingly dismisses certain forms of reported violence as not serious enough to be counted as violence for the purpose of this study, while then going on to insist that “any violence inflicted on them matters”. But I’ll let someone else unpack that one. As I said in my first post, we can’t safely draw any conclusion from the stats. The study’s significance lies in its qualitative findings – which are totally inconsistent with the idea of the law as a “success” and which are, unsurprisingly, totally ignored by Feminist Current.

I didn’t have to dig particularly deep into the study to find why the Feminist Current piece is wrong. Pro Sentret are careful to emphasise the lifetime/three years difference. They also highlight the fact that the number of sex workers who report being raped is much higher than the number who call it rape. There’s no reason why anyone who actually read the study wouldn’t be aware of these issues. If they choose not to share them with their audience, that’s a matter for them to explain.

(ETA: More on this subject here.)

This piece comes from Britain, but Irish feminists must not see it as irrelevant to feminism in Ireland. One example that jumped out at me immediately was this one: “To involve women of colour as entertainment or free catering service at feminist events whilst failing to involve women of colour in visible lead speaker or panel roles is racist.” I can think of a couple recent examples where events were organised to discuss migrant women’s experiences, and migrant women did not feature on the panel at all (at least initially, presumably until the exclusion was pointed out to the organisers). I also attended an event not too long ago where a migrant woman spoke powerfully about her negative experiences in Ireland, and when it came to Q&A time a white Irish woman in the audience stood up to express her sympathies…and then addressed a question about this woman’s experience to the white Irish NGO worker sitting beside her on the panel.

I’d note also the negative reaction among some Irish feminists to a woman of colour’s post on this blog, in which she objected to Islam being used as a bogeyman in the Irish abortion debate (as if Catholicism hasn’t been oppressive enough). Among other things, she was told that she should go to a Muslim country and see what things were like there. The assumption by the people who made those comments that they know more about life in her native country than she does – that’s also racist.

Any women of colour in Ireland who are reading this – what other examples of racism have you seen within Irish feminism? And what do white Irish feminists need to do better/differently/at all to address this?

Black Feminists Manchester's avatarBlack Feminists Manchester

By Mia

When we talk about ‘white feminist spaces’ what we mean is the default mainstream feminism of the UK, (Europe and USA). A feminism that considers itself superior to women’s movement’s throughout the world, using it’s white privilege to cherry pick which women (of colour) and oppressions are worthy of attention or rescue, viewed through a myopic authoritative white lens.

White feminism must evolve and integrate with multi cultural societies if it is genuinely concerned with the liberation of all women. Barr a few switched on individuals, many white feminists (WFs) I have encountered in the UK, view ‘woman hate’ as the only form of oppression requiring eradication, for women to be free. I wish that was true.

What many WFs still forget or fail to notice is that, women of colour making up the global majority of the women’s population, they face and challenge multiple oppressions i.e. racism, classism…

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stavvers's avatarAnother angry woman

In the wake of the NiceGuysOfOKC tumblr (currently down), the discussion about Nice Guys has flared up again. The Nice Guy is a category of human which can be–and often is–entirely mutually exclusive from “guy who is nice”: Nice Guys are men who consider their lack of dating success to be down to the fact that they’re “too nice”, often bemoaning the fact that they end up in the dreaded “friendzone”, wherein women want to be their friend but nothing more.

Every so often, the world will get together and argue about Nice Guys, with one side seeing Nice Guys as figures of pity, victims of shyness, while the other finds Nice Guys creepy as hell. The lovely @RopesToInfinity–an actual guy who is nice–wrote an excellent piece on the matter, addressing Nice Guys, and there’s a few points of his I’d like to expand upon some more…

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The Snapper and Ireland’s attitudes to “unmarried mothers” and unplanned pregnancy..

UN Special Rapporteur on the Right to Health visits Ireland

The UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health – yes, that’s his full title – visited Ireland today to address a conference held by the National Women’s Council of Ireland. I couldn’t attend, which I was quite disappointed by as my Master’s research was in this area. However, I gather from Twitter that he spent a lot of time criticising Ireland’s abortion laws. And rightly so.

What conference attendees may not have been aware of (and I suspect the NWCI certainly weren’t) is that the Rapporteur, Mr Anand Grover, has also come down firmly on the side of decriminalising the sex industry. In fact, a 2010 report of his is one of the strongest statements I’ve ever seen in this regard by a UN official, and I’ve seen quite a few. I’ll just copy a few especially pertinent bits (omitting internal citations) and let them speak for themselves. Regular readers of this blog will notice a few familiar themes!

27. Sex workers remain subject to stigma and marginalization, and are at significant risk of experiencing violence in the course of their work, often as a result of criminalization. As with other criminalized practices, the sex-work sector invariably restructures itself so that those involved may evade punishment. In doing so, access to health services is impeded and occupational risk increases. Basic rights afforded to other workers are also denied to sex workers because of criminalization, as illegal work does not afford the protections that legal work requires, such as occupational health and safety standards.

30. Alongside the right to health, the International Covenant on Economic, Social and Cultural Rights protects the right to freely chosen, gainful work (art. 6), which the State must take steps to safeguard. Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women does not require States to suppress consensual, adult sex work. Rather, it calls for the suppression of “all forms of traffic in women and exploitation of prostitution of women”. The term “exploitation of prostitution” has not been defined within the Convention, but is interpreted to refer to exploitation in the context of prostitution. Additionally, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families applies to a significant number of sex workers who travel between States to engage in sex work.

33. The trafficking and enforced sexual slavery of any person is abhorrent, and undoubtedly merits criminal prohibition. However, the conflation of consensual sex work and sex trafficking in such legislation leads to, at best, the implementation of inappropriate
responses that fail to assist either of these groups in realizing their rights, and, at worst, to violence and oppression.

35. For example, New Zealand decriminalized sex work in 2003, with the express aim of safeguarding the human rights of sex workers. Prior to decriminalization, sex workers were less willing to disclose their occupation to health workers or to carry condoms. Since decriminalization, sex workers have reported feeling that they have enforceable rights, including the rights to health and security of person, and are increasingly able to refuse particular clients and practices, and negotiate safer sex.

43. The criminalization of sex work infringes on the enjoyment of the right to health, by creating barriers to access by sex workers to health services and legal remedies. When sex workers are not recognized as engaging in legitimate work, they are not recognized by standard labour laws in many countries. Sex workers often cannot gain access to State benefits, and are not protected by occupational health and safety regulations that routinely protect employees in other industries. The criminalization of selling sex also renders any
agreement concluded for sex work illegal or unenforceable by law on the grounds of being contrary to public policy, resulting in no legal recourse for sex workers.

44. Moreover, the criminalization of practices related to sex work can create barriers to the realization of safe working conditions. For instance, where laws exist prohibiting the running of a brothel, those who invariably subvert the law and run such a business can
impose unsafe working conditions without difficulty, as sex workers themselves have no recourse to legal mechanisms through which they can demand safer working conditions. Where criminalization in any form exists, the protection offered by a brothel or a manager may become increasingly desirable or necessary, but this also comes at a price: fiscally, through the opportunities created for extortion, and in terms of health.

46. The decriminalization or legalization of sex work with appropriate regulation forms a necessary part of a right-to-health approach to sex work, and can lead to improved health outcomes for sex workers. Any regulation of the sex sector should be implemented in accordance with a right-to-health framework, and should satisfy the requirement of safe working conditions as incorporated into the right to health. Decriminalization, along with the institution of appropriate occupational health and safety regulations, safeguards the rights of sex workers. Where sex work is legally recognized, the incidence of violence may also be reduced, through the enforcement of laws against abuse and exploitation.

48. It is vital that those designing interventions to assist victims of trafficking differentiate between those persons working in the sex sector against their will and those who consensually participate in sex work. Brothel raids that are designed to assist victims of trafficking but fail to discriminate between these individuals can impede the realization of the right to health of both groups in some circumstances. Conversely, evidence from one study indicates that individuals consensually engaging in sex work are well placed to assist trafficked and underage persons engaging involuntarily in this industry. This demonstrates the benefits of participation as part of a right-to-health approach.

50. Decriminalization also assists in appropriately targeting these health promotion projects, as sex workers are more likely to self-identify and voluntarily take part in interventions if the risk of legal repercussion is eliminated. Effective interventions around
the health of sex workers and clients should also consider shared responsibility and client behaviour; this is increasingly possible in an environment where clients are not criminalized for using the services of sex workers.

Recommendations
76. The Special Rapporteur calls upon States:

(b) To repeal all laws criminalizing sex work and practices around it, and to establish appropriate regulatory frameworks within which sex workers can enjoy the safe working conditions to which they are entitled.

On International Day to End Violence Against Sex Workers

I thought this would be a good opportunity to revisit this post, in which I looked at a recent report commissioned by the City of Oslo, with support from the Norwegian Ministry of Justice, into violence against sex workers under the sex purchase ban. At the time I had to rely on Google Translate but since then a native Norwegian speaker, Thomas Larson, has given us an English version. You can read it in full here. And you should.

Many thanks to Thomas for the translation.

Costa Rica – Call to action to help Aurora

There have been many Savitas in Latin America, where some of the world’s most restrictive abortion laws are found. It is rare that their individual names or circumstances are heard. Costa Rican campaigners are spreading the word about Aurora in the hope that international pressure can force their government to relent and recognise her right to terminate her pregnancy. Please, please help them accomplish this.

Wendy Lyon's avatarEuropean Pro-Choice Network

via http://www.colectiva-cr.com/node/180

Aurora is a 32-year old Costa Rican woman. She has a university degree, a job that she likes, a good relationship, and after months of trying, she is finally pregnant.    However, at 8 weeks of pregnancy, the doctors informed her that the fetus has multiple severe malformations that would not allow it to survive outside the uterus, including severe scoliosis, decreased level of amniotic fluid, and a complete absence of abdominal wall which leaves the internal organs such as the liver and intestines outside of the body. She has had many more exams since, which have all confirmed the original diagnosis of a nonviable pregnancy. 

A little after her first appointment, Aurora started experiencing strong abdominal and back pain that prevent her from working. The circumstances of the pregnancy are seriously affecting her physical and emotional health. Aurora has indicated that “in addition to the physical pain…

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“How many women have been told that their clothes, sexual partners, fantasies or use of contraception were responsible for their rape? So you think a rape crises center might FECKING NOT DO THE SAME!”

RIP.

Never again.