Sunday 19 April 2015

Deception, Lies or Forgetful?

We keep getting told that the law is changing to protect the vulnerable.  We're told that it is not about making life harder for the sex worker, who in the eyes of the law is already a victim of rape, even if they do not yet know it themselves, but about reducing demand, therefore criminalising the buyer and decriminalising the sex worker.  Yet... that is not what the actual law change proposes.

Recently discussions were released by the House of the Oireachtas that goes as follows...

(link to page discussed - Discussion)

Minister for Justice and Equality (Deputy Frances Fitzgerald):

 On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The General Scheme includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments. The Bill will also implement the recommendations of a number of Oireachtas committees, reform the law on incest and update the Sex Offenders Act 2001. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.

Please note there is no addition to show that prostitution has been decriminalized.  She continues to say...

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.

The average sentence for rape in Ireland is between 5 to 7 years, which means that someone who sees sex workers for consensual sex could possibly see themselves serving the same time as another person who picked his victim and deliberately set out to violate and rape a woman.  How is this comparable?  How is this right?


In the last few years there have been several cases of pimps being prosecuted and imprisoned and even they have not served more than 2 years.  How come someone who deliberately sets out to coerce, manipulate and abuse women in their multiples for financial gain is likely/able to have a lesser sentence, than a person who purchases sex from a sex worker who is working of her/his own free will?  It is outrageous and totally unfair to those that are genuinely being raped, tortured and humiliated by those that do not care about consent and take what they want regardless.

A few days ago, I was lay after having a lovely time together with a very lovely disabled client of mine.  We started to talk about the proposed law in the South and the up and coming law in the North of Ireland.  His mood swiftly changed from happy and relaxed to dark and teary, as he recalled an event that took place some 20 years ago.

One evening while working out of the country with a few volunteer friends, they had been waiting for the bus to pick them up.  They had all had a few drinks apart from my friend and as the bus did not turn up, he offered to ferry them all to where they needed to go, but had to do it in stages, as there were more than a car full.  He was coming back to pick up the last person and while she was waiting, she had been attacked and raped.  She was in a mess, inconsolable.  They wanted to take her to the hospital, but she would not hear of it.  They wanted to take her to the Police station, but again, she would not hear of it, as she was so shook up, she just wanted to go home and be safe.

The look in her eyes, the way she was messed up and so utterly distressed has stayed with him all those 20 years, to the point that he can still see it clearly in his mind.  He asked me, 'How can anyone compare me to what that man did?  As he said this he looked at me and I couldn't help but feel heartbroken for him.

This man is one of the sweetest men you could ever wish to meet.  He has a great sense of humour (usually aimed at himself), he is gentle, he makes me want to cuddle him, because I know how hard his life is (not due to the disability), but because he dedicates his life to others.  There is something fucking wrong with this world, when a man like that is compared to a rapist, could be sentenced the same as a rapist.  We live in a sick world, that just seems to be getting sicker!

Sorry, I've gone off on a tangent, but I hope if nothing else, it shows you how passionate I feel about this and about my clients, who are NOT rapists!

Back to the issue at hand.  On April Fools day, it was published ~ click here for full information ~ that aspects of the current law are also being looked at for revision, but this does not include full decriminalisation of sex workers.

I have received submissions in relation to decriminalising persons selling sexual services from the solicitation offence under section 7 and these are receiving consideration within my Department.

Section 11 of the 1993 Act provides for offences relating to brothels. The offence applies to persons keeping or managing or assisting in the management of a brothel. It also applies to a tenant or landlord who knowingly permits the use of the leased/rented premises as a brothel. Section 11 is not directed at individual sellers of sexual services. I have no plans to repeal this section.

In essence it will still be illegal for two Independent sex workers to work together in the same premises for reasons of sanity and safety and they will still be prosecuted if caught working together.

This also means that if a landlord or tenant is made aware that a sex worker is working from their property and they do not move them on, they themselves are committing an offence and are obligated to remove that person (the sex worker) from the premises.  I ask you, how does this show sympathy or support for the sex worker, when in this situation they could be made homeless?

In this regard the law has not changed at all and the general public are being totally misled in two ways.  One they are being made to believe that it is currently illegal to work as a Sex Worker and two they are being led to believe that Sex Workers are at the front of this campaign, along with trafficked and it is our well being at heart, where the reality is, we are still being forced to work on our own, we will ultimately be forced to work underground and lose our contact with the guards, as we need to protect our working environment and anonymity in order to work discretely.  We can not afford to jeopardise our client base and lose clients to exposure and fines.

This also increases our vulnerability, so where Independent sex workers were able to work at least with the knowledge that should something happen they could reach out for help through the right channels and trust the law to help them with any crime committed against them, they simply can not do that without putting their work at risk and their clients.

I put it to you that both Lord Morrow and Frances Fitzgerald do not care a fig about trafficked people into the sex industry, as they are simply making them harder to find.  This is about making an example of people they do not morally approve of and moral judgements like these do not belong in political legislation.  These matters should belong between two people and if they give consent or not.  Laws are already in place to cover those that do not give consent, or are under age, but it seems not enough money, or resources were ever given to uphold these laws, so how on earth are they going to manage with this?

Isn't it about time that politician's were straight with the people that vote for them and call a spade a spade and stop twisting things to sound different to what they are?  Decriminalisation means that all sex workers can work without fear of being made a criminal, regardless of working alone, in pairs or for an Agency.  If that is not what you mean, then why say it?

Here are some reasons why de-criminalisation is the right thing to do ~ Article ~

And more reasons why Frances Fitzgerald, just isn't thinking straight ~ Wendy Lyons Blog ~

On a last note.  My clients are NOT rapists!  They have my full and very real consent to spend time with me and I offer my services gladly.  I am not the only sex worker who feels this way, I am not the minority, I am one of many who would like to continue working in a safe and secure environment, that does not just protect my well being, but those of my clients who do not deserve to be labelled as criminals, or have their world torn apart by public humiliation if discovered with me.  The stigma both ways is a killer and morally wrong.  Morally this is despicable and will help no one!

The first lives lost due to this will be on the hands of Lord Morrow and Frances Fitzgerald and no mistake.  I hope they are ready to live with themselves in that knowledge when the time comes and it will, as Ireland is not Sweden and it won't be able to take the shame or the stigma this law demands.

2 comments:

  1. Of course it's all a sham Kate. Once the new law comes into force in the North and here in the Republic I bet the horror stories from Ruhama and Company will dry up pretty quickly. Mission accomplished as far as they're concerned. The icing on the cake for them, following the introduction of the new law, would be a radical reduction in the number of escorts advertising on Escort Ireland. They want to wipe out, or seriously decrease, prostitution but they know it sits better with the public if they make out that they're helping to end sex trafficking and helping "vulnerable women". I get mad just thinking about their lies and propaganda especially when they conflate consensual sex with sex trafficking and their claim that the vast majority of sex workers are controlled by criminal gangs/pimps and that you, Kate, are unrepresentative as you constitute a tiny minority.

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    1. Thank you for your response and I mirror your feelings exactly. It's just so hard to stomach!

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