Current Scottish law occupies a complex gray area: while soliciting and brothel-keeping are illegal, the actual purchase of sex and online arrangements remain legal. A proposed legislative shift, championed by MSP Ash Regan, seeks to change this by criminalizing the purchase of sex—a move intended to challenge demand but one that carries significant implications for the safety and livelihoods of sex workers.
The Legislative Proposal Ms. Regan’s "Unbuyable Bill" aims to criminalize clients ("off-street" purchasing) while ostensibly offering support to those in the industry. The bill, supported by the Crown Office and Procurator Fiscal Service (COPFS), is framed as a measure to tackle commercial sexual exploitation and reduce violence against women.
The Reality on the Ground However, the practical application of such laws often raises concerns regarding the alienation of sex workers from support systems. Scotland’s Lord Advocate, Dorothy Bain KC, while supporting the bill's objectives, has highlighted critical flaws in its enforceability that directly impact worker safety:
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Reluctance to Engage: Ms. Bain acknowledged that individuals in the sex industry are often reluctant to engage with law enforcement or provide evidence.
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Barriers to Justice: Without robust, tangible support, securing evidence is "extremely challenging," meaning prosecutions may be rare.
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Resource Intensity: Implementing the offense will be resource-heavy, potentially prioritizing policing over the welfare services workers actually need.
Moving Forward While proponents like Ms. Regan cite "decades of evidence" regarding violence from buyers, the Lord Advocate’s assessment reveals a crucial truth: legislation that relies on workers engaging with a justice system they do not trust may struggle to succeed. True support for sex workers requires not just legal changes, but the creation of an environment where they can access safety, healthcare, and justice without fear of stigma or loss of income.
The bill is expected to face a vote in the parliamentary chamber next month.