Independent Domestic Violence Advocates: information briefing December 2010 Prostitution and domestic violence

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1 Independent Domestic Violence Advocates: information briefing December 2010 Prostitution and domestic violence This is the seventh in a series of briefings specifically written for IDVAs to update you on latest developments and to explore particular topics affecting the different client groups you may work with. AVA has been funded by the Government Office for London to produce these briefings. This briefing focuses on prostitution and domestic violence. For further information on any of the issues covered in this briefing please contact sophie.taylor@avaproject.org.uk Overview The aim of this briefing is to discuss the issues faced by women involved in prostitution and the links between prostitution and domestic violence. 85% of women in prostitution report experiencing physical abuse by a family member, 45% report being sexually abused by a family member and at least three-quarters have been physically assaulted by someone other than a family member. (Home Office Paying the price 2004). This demonstrates how, as with all forms of violence against women, prostitution cannot be viewed in isolation and thus this briefing will examine the ways that women in prostitution experience violence and how prostitution may affect your client groups. This briefing will also examine current legislation, the relation between problematic substance use and prostitution and diversity considerations. What is prostitution? Prostitution is the exchange of sexual acts, usually for money, accommodation or drugs. It is vital to remember that women s involvement in prostitution may take different forms and not always appear how we might expect. Women may exchange sex for a variety of reasons: because of force/coercion from their partner, homelessness, lack of income or problematic substance use. For example a woman may be coerced into having sex with her partner s friend(s) in exchange for substances, money, or out of fear of violence; homeless women may exchange sex for somewhere to stay; women with problematic substance use may exchange sexual acts for substances. Women may not consider themselves involved in prostitution as their experiences don t marry up with the images portrayed in the media. There are many barriers to women safely exiting prostitution such as problematic substance use, homelessness, fear of retaliation for pimps/partners, lack of alternative sources of income, criminal convictions causing the need to generate income to pay fines, an abusive partner, lack of opportunity for gainful employment as well as the loss of belonging to a community of women. 80,000 women work in 'on-street' prostitution in the UK. The average age women become involved being just 12 years old. Home Office, Paying the Price 04, Only 19% of women working as prostitutes in flats, parlours and saunas are originally from the UK. The Poppy Project 04 AVA

2 Key statistics Up to 75% of women involved in prostitution began when they were under 18 years of age and most teenage prostitutes are involved in street prostitution, which is estimated to be ten times more dangerous than working from houses or flats. (Benson, C. and Matthews, R, 1995) Almost 10% of the adult male population in London is thought to have paid for sex. (Ward, H. et al.2005) UK data on men arrested for kerb crawling profiled the average customer as 35 years old, in full time employment with no criminal convictions. Nearly half of the sample were married and owned their own home. (Farley and Bindel, 2009) Victims of child sexual abuse are 27.7 times more likely to be arrested for prostitution as adults than non-victims. (Widom, C.S. 1995) 85% of women in prostitution report physical abuse in the family, with 45% reporting familial sexual abuse. (Home Office, Paying the Price, 2004) More than half of UK women in prostitution have been raped and/or seriously sexually assaulted. At least three-quarters have been physically assaulted. (Home Office, Paying the Price, 2004) Women in prostitution in London suffer from a mortality rate that is 12 times the national average. (Home Office Solutions and Strategies, 2004) 87% of women in street-based prostitution use heroin. (Hester & Westmarland, 2004) Up to 95% of women involved in on-street prostitution are problematic drug users, including around 78% heroin users and rising numbers of crack cocaine addicts. (Home Office, Paying the Price, 2004) Women in prostitution are 18 times more likely to be murdered than the general population. (New Philanthropy Capital, 2007) Almost 10% of the adult male population in London is thought to have paid for sex. Ward, 05 Men arrested for kerb crawling show the average customer as 35 years old, in full time employment with no criminal convictions. Nearly half are married and own their own home. Hester and Westmarland, 04 Links between prostitution and domestic violence The primary link between domestic violence and prostitution is that for some women involved in prostitution, their partner is the person who encourages their entry into prostitution, profits from it and/or prevents their exit. Therefore the perpetrator can be both an abuser and pimp, which means that both issues will need to be addressed in order to increase her safety. Safe Exit and Toynbee Hall have created a Power and Control wheel for women involved in street prostitution who are controlled by a partner/pimp. This allows us to see the similarities in methods of AVA

3 power and control experienced by both women involved in prostitution and survivors of domestic violence. Power and control wheel produced by Safe Exit and Toynbee Hall This wheel can be used as a tool when working with a service user to help her understand her experiences, put them into context and understand the links with other types of abuse she may be experiencing from a partner or family member. AVA

4 Legislation Current law Section 14 of the Policing and Crime Act 2009 introduced section 53A of the Sexual Offences Act This creates a new criminal offence in England and Wales of paying for the sexual services of a prostitute who is or has been subject to force. An offence under section 53A (64A) is committed if: A person (A) makes or promises payment for the sexual services of a prostitute (B) and; b) a third person (C) has engaged in exploitative conduct of a kind likely to have induced or encouraged B to provide the sexual services for which A has made or promised payment and; C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B). [From Rights of Women briefing Section 14 of the Policing and Crime Act A Crucial Step Towards Ending Commercial Sexual Exploitation ] This new section to the Policing and Crime Act was passed this year and makes it a criminal offence (punishable with up to 7 years imprisonment) for a person to pay, or promise to pay, for sexual services if the person selling those services is controlled by a third person. This third person can be anyone e.g. boyfriend, parent, brother, husband, pimp, brothel manager. Diversion schemes Women involved in prostitution are most commonly charged for soliciting and/or loitering. This criminalisation of women in prostitution can cause a cycle of arrests, fines and imprisonment for short sentences; neither a criminal record nor owing money for fines is helpful to a woman s ability to exit prostitution. Diversion schemes attempt to divert women from the criminal justice system in order to prevent them from being caught in this cycle. Diversion schemes offer women the opportunity to attend appointments with a particular scheme; if they do so before their court date, they are not required to attend court. Diversion schemes in London are delivered by Safe Exit in Tower Hamlets, Trust in Lambeth and the Open Door Arrest Referral Scheme in Hackney. ASBOs (Anti Social Behaviour Orders) Local authorities, police forces and registered social landlords and housing action trusts can apply to courts to issue women with ASBOs for behaviour relating to their involvement in prostitution. Whilst the ASBO does not create a criminal record, if she breaches the ASBO it is a criminal offence and she may be fined or imprisoned. An ASBO can put restrictions on a woman s movements in a particular area and this can subsequently prevent women from entering an area where she may feel safe working or where she may be having contact with support services. An ASBO is not a useful remedy to tackle prostitution and if they are being used in this way in your borough it would be beneficial to work with the police and local authorities to ensure they understand the issues surrounding prostitution and how ASBOs can work to decrease women s safety. If you have any clients who have received cautions, then you can go to the police and talk to them about their approach, before they resort to applying for an ASBO; for example, Newham Police are working in partnership with women s organisations to use preventative measures to support women involved in prostitution in order to avoid the use of ASBOs. If police are aware that you are providing advocacy support they may be willing to work in partnership with you in order to put measures in place to avoid issuing an ASBO. AVA

5 Women in prostitution are 18 times more likely to be murdered than the general population. New Philanthropy Capital, 07 The conviction rate of 75% for murder drops to 26% when it comes to killings of women in prostitution. Home Office, 04 Diversity considerations There are many issues to consider in regards to the diversity of women that make-up your client groups and the barriers that these may create. In particular it can be our own assumptions about women in prostitution that make it difficult for some women to disclose their experiences. If a woman presents as lesbian it may be an incorrect assumption that she could not participate in heterosexual sex in the form of prostitution; similarly just because a woman is involved in prostitution including heterosexual sex does not mean she is not lesbian. Questions in general regarding sexual activity may also be overlooked when working with women with disabilities; practitioners should be conscious of not seeing such women as asexual beings and hence avoiding these questions. Similarly if clients are young women or older women, whom you might not consider sexually active, this does not prohibit the possibility of involvement in prostitution. Whilst many women are trafficked into the UK from abroad for the purpose of prostitution, a woman may also be an economic migrant, residing in this country legally or illegally, and involved in prostitution. If a women has insecure immigration status this can cause her to face additional isolation such as not being able to speak English, a lack of knowledge of where to seek help, threats of deportation from her abuser etc. Women s immigration status will cause serious barriers to accessing services and we recommend that you contact Rights of Women helpline [ (telephone) or (textphone) on Mondays 11am-1pm and Tuesdays 10am-12 noon]. Prostitution, substance use and psychological distress A number of studies show that there are dramatic links between prostitution and substance use. Not only do sex and drugs markets often overlap, particularly in relation to organised crime, but women involved in prostitution (particularly on-street) tend to have extremely high levels of substance use. One study of women involved in on-street prostitution found that 63% were involved in order to fund a drug habit, with 92% saying they had used drugs in the last three months (Church et al 2001). The Home Office have stated that up to 95% of women involved in on-street prostitution are problematic drug users, including around 78% heroin users and rising numbers of crack cocaine addicts [Home Office Paying the Price (2004)]. However, it should be noted that these studies focus on on-street prostitution, with a lack of available data for women involved in off-street prostitution. Involvement in prostitution can provide an income with which to purchase drugs and alcohol (or exchange directly for) where other sources of income, or sufficient income, is not available. Drugs and alcohol can be used to groom young girls into the sex industry or can be used to pacify young girls once they have been groomed and entered the sex industry. As with any form of violence against women, women involved in prostitution may use substances as a coping mechanism for the violence they experience and/or their involvement in prostitution. Research has found that post traumatic stress disorder (PTSD) is common amongst women involved in prostitution; one study interviewed 130 people and found 68% met DSM III-R criteria for a diagnosis of PTSD (Farley, 1998). Drugs and alcohol are well known coping mechanisms for dealing with the symptoms of PTSD and it is unlikely that a women will be able to address her drinking or drug use until her trauma is addressed. AVA

6 Experiencing the overlapping issues of problematic substance use, psychological distress, prostitution and domestic violence make it a difficult cycle to break in order to safely exit; they also create numerous barriers to help-seeking. It is therefore vital to ensure that substance use and mental health is something that you include in your screening procedures. For more information please see AVA s Stella Project toolkit and Mental Health Toolkit. It is estimated that as many as 95% of women involved in prostitution have a drug or alcohol addiction. In London, found 10% of their sample of women working in a variety of locations, were current or past injecting drug users. Melrose,03 Ward, 03 Sexual Health Research has shown that repeat terminations are a strong indicator of sexual abuse (Aston, 2009) and STIs can be particularly prevalent for women in prostitution due to the pressure faced by women to provide sex without condoms. It is useful to have a basic understanding of STI s and issues around sexual health and it may be worth considering providing condoms in the toilets of premises where you work. For information on sexually transmitted diseases: Prostitution and trafficking It is important to be aware of the difference between prostitution and trafficking. Trafficking is defined by the Council of Europe as involving three things: 1) recruiting and moving a person 2) in particular ways, such as by using force, deception, the abuse of power or the abuse of a position of vulnerability 3) for the purpose of exploitation, like forcing someone to be involved in prostitution. Note that trafficking does not need to involve crossing national borders. For more information on trafficking see Rights of Women Seeking Refuge? Trafficking, sexual exploitation and the law or AVA s trafficking statistics or briefing. Support organisations Door of Hope, London Door of Hope is a Christian Project providing outreach services for women involved in street prostitution in Spitalfields in East London. Eaves in particular the Poppy Project and the LEA Project, London AVA

7 Eaves is a London-based charity that provides housing and support to vulnerable women. The Poppy Project supports women who have been trafficked into prostitution or domestic servitude and the LEA Project (London Exiting Action Project) provides advice and assistance to women in London who are involved in prostitution. For referrals call Poppy Project on For referrals call LEA Project on ECPAT International ECPAT International is a global network of organisations and individuals working together for the elimination of child prostitution, child pornography and the trafficking of children for sexual purposes. NSWP The Global Network of Sex Work Projects NSWP as an informal alliance of sex worker rights activists working within sex work projects around the world. They focus on harm minimisation and safety for those involved in prostitution. Safe Exit Partnership Initiative at Toynbee Hall, London Safe Exit at Toynbee Hall brings together voluntary and statutory agencies in partnership including the Metropolitan Police and the London Borough of Tower Hamlets, to develop better services for people in prostitution and to reduce the impact of prostitution on communities. Call Safe Exit on U-turn, London U-Turn Project works with vulnerable and hard to reach women of all ages who have been trapped in cycles of prostitution, drug addiction, physical abuse and homelessness from a young age. Tel: Trust, London Trust provides outreach services to women involved in prostitution as well as operating the court diversion scheme in Lambeth. Tel: References Aston G, Bewley S. Abortion and domestic violence. The Obstetrician & Gynaecologist 2009;11: Benson, C. and Matthews, R. Street prostitution: Ten facts in search of a policy in International Journal of Sociology of the Law, Vol. 23 (1995) Church, S., Henderson, M., Barnard, M. and Hart, G. Violence by clients towards female prostitutes in different work settings: questionnaire survey, British Medical Journal, 322, (2001) Farley, M & Barkan, H Prostitution, Violence, and Post-Traumatic Stress Disorder Women & Health, 27 (3): Farley and Bindel Men who buy sex who they buy and what they know Eaves (2009) AVA

8 Hester, M. and Westmarland, N., Tackling Street Prostitution: Towards an Holistic Approach, Home Office Research Study 279, London, 2004) Home Office Solutions and Strategies: Drug Problems and Street Sex Markets (2004) Home Office Paying the price (2004) New Philanthropy Capital Hard Knock Life (2007) Melrose, M. (2002), Ties that bind - Young People and the Prostitution Labour Market in Britain presented at Fourth Feminist Research Conference, Bologna: September 2000 The Poppy Project Sex in the City: Mapping Commercial Sex Across London (2004) Ward, H. et al (2005). Who Pays for Sex? An analysis of the increasing prevalence of female commercial sex contacts among men in Britain. Sexually Transmitted Infections 2005;81: ; doi: /sti Widom, C.S. Victims of Childhood Sexual Abuse-Later Criminal Consequences (1995) AVA