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The Scottish Parliament is actively seeking the perspectives of both current and former sex workers as it considers the Prostitution (Offences and Support) (Scotland) Bill. This critical legislation, introduced by Alba MSP Ash Regan, proposes significant changes to how sex work is regulated in Scotland, and it is imperative that those with lived experience make their voices heard directly to Holyrood's Criminal Justice Committee.

This Member's Bill aims to implement a "Nordic Model" approach, which would criminalise those who purchase sexual services while theoretically decriminalising those who sell them. Under these proposals, individuals convicted of buying sex could face hefty fines of up to £10,000 and even jail sentences of up to six months.

Audrey Nicoll MSP, convener of the Criminal Justice Committee, explicitly launched a call for views, stating: "This Bill raises important questions on prostitution in Scotland and how it is considered by our laws. It proposes changes on criminalisation, the quashing of previous convictions and the support given to those who work in this environment and we want to hear from a range of voices on whether they welcome these provisions."

Crucially, Ms. Nicoll added: "We are particularly keen to hear the views of people with lived experience, on whether they support the proposals or not, and whether the changes this Bill proposes will help achieve its ambitions."

This is a direct invitation for you to influence the future of sex work in Scotland.

The proposed Bill would also repeal the existing offence of loitering, soliciting, or importuning for the purposes of prostitution, as outlined in the Civic Government (Scotland) Act 1982. Furthermore, it suggests that past convictions for this offence could be quashed, and aims to provide support, including accommodation, financial assistance, healthcare, and legal advice, to those who are or have been in prostitution.

However, many sex worker advocates argue that despite its stated intentions of "ending prostitution" and "achieving true equality," the Nordic Model (adopted in countries like Sweden, Norway, and Ireland) often pushes sex work further underground, increasing danger and vulnerability for sellers, rather than protecting them. Your direct input is essential to highlight these potential consequences and advocate for policies that truly safeguard the rights and well-being of sex workers.

If you are a current or former sex worker, or have a relevant perspective on this crucial issue, now is the time to engage with the Scottish Parliament. Your experiences and insights are vital for the Criminal Justice Committee to make an informed decision that genuinely reflects the realities of sex work in Scotland. Do not let this opportunity pass to ensure your views are heard and considered in this critical legislative process.

For many, sex work is not just a job, it's a lifeline. This deeply personal truth stands in stark contrast to the dangerous and ill-informed proposals put forward by Ash Regan in Holyrood, which threaten to criminalize the purchase of sex under the so-called "Nordic model." As sex workers across Scotland, united under the banner of Scotland For Decrim, forcefully argue, total decriminalization for both buyers and sellers is the only model that prioritizes safety, autonomy, and human rights.

"Sex Work Saved My Life"

Emma, a member of Scotland For Decrim, shared a harrowing account of how sex work provided her the means to escape a violent and abusive home in her 20s. With vital women's services struggling and stretched thin, sex work was her only viable option. "If sex work hadn't been an option, I wouldn't have been able to leave and I'm not sure I'd be alive today," she revealed, visibly emotional. Her story, echoed by countless others, underscores that for some, sex work is not a choice made lightly, but a necessary act of survival.

This perspective is crucial but consistently ignored by those pushing the Nordic model. The proponents of this legislation often operate from a place of "middle-class feminism," as described by Laura Baillie, a political officer for Scotland For Decrim and a university academic who studies decriminalization. "Nobody asks sex workers what they want," Laura asserts, "yet it's only sex workers who know what they need."

The Peril of the Nordic Model: Driving Sex Work Underground

The core danger of the Nordic model, which makes it an offense to pay for sex, is its predictable consequence: it drives sex work further underground. This isn't a theoretical concern; it's a grim reality observed in countries where it's been implemented.

• Increased Risk for Street Workers: Criminalizing clients forces transactions into secluded, unsafe areas, leaving sex workers with less time to assess clients and increasing their vulnerability to violence. As Nina, an escort with a Master's degree, explained, "If there’s a safe zone [under decriminalisation], sex workers can take time chatting to clients and figuring out if it feels safe."

• Undermining Safety Measures for Indoor Workers: Many independent sex workers, including those working from their homes or in saunas, employ vital safety measures like screening clients, requesting deposits, and checking IDs. The Nordic model discourages these practices, as clients become fearful of providing identifying information due to the risk of arrest. This means the clients who are deterred are often the "good and decent" ones, leaving sex workers more exposed to dangerous individuals who are undeterred by the law.

• Police Surveillance and Mistrust: Under the Nordic model, sex workers' homes can become targets for police surveillance, aimed at arresting clients. This creates a terrifying dilemma: if a sex worker is assaulted, reporting it to the police could lead to their property being monitored and their clients being arrested, effectively destroying their livelihood and outing them. "How can you go to police?" asked Amelia, a dominatrix.

Ash Regan's apparent lack of understanding about the realities of sex work, demonstrated by her literal interpretation of "driving underground," further highlights the danger of her proposals. "It shows her complete lack of understanding," Laura commented. "She shouldn’t be speaking about something she has so little understanding of, let alone trying to pass legislation that affects people’s lives.”

The Case for Total Decriminalization

 

Total decriminalization is the only model supported by sex workers themselves and a growing number of human rights organizations, including Amnesty International. It means that no consensual sex work is criminalized, for either the seller or the buyer.

This approach brings several critical benefits:

• Enhanced Safety: By operating within the bounds of the law, sex workers can work together for safety without fear of "brothel-keeping" charges. They can take their time screening clients and are more likely to report violence without fear of prosecution.

• Empowerment and Autonomy: Decriminalization acknowledges sex work as legitimate labor, allowing individuals to manage their businesses and make choices about their work without state interference. As Nina, who bought her own home through escorting, declared, "I want to be here. Nobody else is profiting off this. I’m truly independent."

• Access to Services: When sex work is decriminalized, individuals are less afraid to access healthcare, mental health support, and legal assistance, leading to better public health outcomes and increased overall well-being.

• Addressing Root Causes: Instead of criminalizing individuals, a decriminalized framework allows society to focus on the underlying issues that may lead people into sex work, such as poverty, lack of affordable housing, low wages, and inadequate social services. As Amelia passionately stated, "If you want less sex workers, then start with universal basic income, affordable childcare, higher minimum wage, rent caps, affordable housing, decent benefits, and better mental health services."

Rejecting Stigma and Misinformation

Sex workers consistently reject the derogatory term "prostitute" and the dehumanizing language often found in legislation like Ash Regan's bill. They argue that calling sex work "rape" while proposing lenient penalties for buyers is contradictory and insulting. "Is rape only worth £10,000?" Laura challenged. The claim that the Nordic model tackles trafficking is also dismissed as "disinformation," as trafficking is already illegal and better addressed through targeted law enforcement efforts and social support.

The "middle-class feminist" argument that sex workers are too weak or unintelligent to know what's best for themselves is deeply patronizing. "People are deciding what’s best for me, without asking me. They aren’t my parent. I’m not going on the naughty step. My view is there should be nothing about us, without us," Amelia asserted.

Sex workers are not looking for their profession to be promoted in schools or to become part of career guidance. They are simply demanding the fundamental rights afforded to any other worker: safety, dignity, and freedom from criminalization. Ash Regan's proposed bill is not a progressive step; it's a regressive, dangerous policy that will push vulnerable individuals further into the shadows and exacerbate harm. Scotland must listen to the voices of those directly affected and choose the path of total decriminalization.

Former candidate for leadership within the Scottish National Party (SNP), Ash Regan, has embarked on an initiative known as the "Unbuyable" campaign, with the primary objective of establishing a legal prohibition on the transactional aspect of sexual services. Regan, a Member of the Scottish Parliament (MSP) and previously a minister responsible for community safety, seeks to curtail the practice of purchasing sexual services throughout Scotland.

At present, Scotland's legal framework criminalizes certain activities linked to prostitution, including "kerb crawling," public solicitation, and the operation of brothels. Nevertheless, the act of selling and buying sexual services remains permissible, including the operation of online platforms facilitating such transactions. Regan's "Unbuyable" campaign, hosted on Unbuyable.org, endeavors to instate fresh legislation that would criminalize the act of purchasing sexual services.

In her statement to The National, Regan elucidated the campaign's broader mission, characterizing it as a "clarion call" aimed at eradicating the systemic exploitation of women and girls in Scotland. The campaign seeks to foster a society where the sanctity of human dignity is inviolable and where women and girls are not subjected to commodification. Regan aspires to transform this vision into a tangible reality with the support of the public.

The Unbuyable website further underscores the campaign's purpose, emphasizing the imperative for society to confront an unsettling verity: that the purchase of sexual services is far from victimless, entailing enduring scars of exploitation. Regan's mission is unequivocal: to bring an end to this practice in Scotland, affirming that human dignity is not a tradable commodity. This mission envisions a Scotland where every individual becomes truly "Unbuyable."

While the Scottish Government's 2021-2022 Programme for Government (PfG) included a commitment to formulate an effective strategy addressing the demand for prostitution among men, this commitment appears to have been omitted from the subsequent two annual programs for 2022-2023 and 2023-2024. In 2022, Dr. Jacci Stoyle, the secretary of the Scottish Parliament's Cross-Party Group on Commercial Sexual Exploitation, pointed out that Sweden had, since 1999, enacted legislation criminalizing the purchase of sexual services. This Swedish approach, commonly referred to as the "Nordic Model," has witnessed a noteworthy shift in societal attitudes, with a mere 0.29 percent of men in Sweden reportedly engaging in the purchase of sexual services, in stark contrast to approximately 10 percent of men in the United Kingdom who admit to such behavior.

Several advocacy organizations in Scotland, including Tara (Trafficking Awareness Raising Alliance), the Encompass Network, Routes Out, and Survivors of Human Trafficking, have previously advocated for the Scottish Government to follow Sweden's example. The organization Zero Tolerance, dedicated to ending male violence against women, also articulated concerns about the existing legal framework in Scotland. In a 2011 blog post written by lawyer Phillipa Greer, the organization criticized Scotland's laws as "unhelpful and contradictory," asserting that they stigmatize prostitutes by prioritizing public nuisance concerns.

Greer additionally raised the critical point that by criminalizing public acts linked to the sale of sexual services while not addressing the act of purchasing itself, Scottish law may inadvertently drive women into more perilous circumstances. She argued that the visibility of such activities in public spaces is what constitutes the offense, and these restrictions overlook the inherent harm endured by sex workers, while also increasing the risks they face. Such restrictions may prompt sex workers to hastily enter vehicles to avoid drawing attention, and they can lead to displacement, forcing individuals into more concealed and less supervised areas.

For those interested in further information about Ash Regan's "Unbuyable" campaign, additional details are available on the campaign's website.

The Scottish Parliament has published the responses on the consultation on sex work, framed with the negative question of 'A consultation on challenging men's demand for prostitution, working to reduce the harms associated with prostitution and helping women to exit'.  I understand from previous press releases, the majority of resondants were in favour of some decriminilisation and not criminilising the buyer. The usual Nordic Model Now culptits were there.  Personally I was pleased to see the 'Sally Army' taking a pragmatic view of condeming the purchase of sex, but realising the criminilisation of the client would put the sex worker in danger.

Unforunatley all the usual suspects, such as Nordic Model Now, Scottish Women’s Aid and Encompass Network made their usual play from the discredited and dangerous Nordic Model, whcih research from Cambridge University and other institutions has shown to be dangerous to the sex worker.

We must also take issue with the phrasing of the questions, which a few sex workers who answered the questions, commented on.

If you want to reference the questions and answers , I would advise making a personal copy. Previous Scottish consulations have removed the responses on sex work without warning.

A sex worker charity has criticised a Government consultation which could lead to men being banned from buying sex. A sex worker involved with SCOTPEP warned that a law criminalising clients would be a “rapist’s charter” by forcing women to take greater risks.

Labour MSP Rhoda Grant previously lodged a bill to criminalise the purchase of sex, but it did not pass.

She has welcomed the consultation and said it must lead to legislation making the purchase of sex illegal. 

She said: “The purchase of sex is a violent act against women and it should be criminalised."

However, SCOTPEP, which represents sex workers, has slammed the consultation.

Nadine Stott, a charity board member, said: “We’re very concerned about the timing and content of this consultation, with many sex workers still struggling with the effects of COVID-19.

Many street workers have to choose between being penniless or risking their lives having sex with reckless strangers. The Scottish Governments response has been totally inadequate, providing £60,000 to go between an estimated 1,000 sex workers. Giving money to an organisation which likely will only fund staff and not money to the sex workers. Four sex workers speak out, putting the record straight and ask why the money did not go to the charity Umbrella Lane who already has raised money for sex workers.