[Stop-traffic] Report/Sweden: Sexworkers Critique of Swedish Prostitution Policy

[Melanie Orhant]

Sexworkers Critique of Swedish Prostitution Policy

By Petra 
stergren
Available at www.petraostergren.com
This article can be circulated freely but not published without 
authors permission.
Posted 2004-02-06

In this article I will not deal with the complex issue of whether 
prostitution is socially or otherwise desirable. Rather this article 
seeks to document some of the experiences and opinions of female 
sexworkers in Sweden. I have been concerned by the fact that the very 
women who are at the center of prostitution policy are so rarely 
heard and so often feel discriminated against. If equal rights for 
women is important, then the experience of sexworkers themselves must 
surely be central to our discussion, regardless of what position one 
takes on prostitution.

The law against procurement of sexual services (promotion or deriving 
profit from prostitution) and a recent law prohibiting the purchase 
of sexual services introduced in 1999 are the two main ways the 
Swedish state sees itself as "combating" prostitution. Swedish 
politicians and feminists are proud of the state's prostitution 
policy. They insist that it has positive effects. Sexworkers are of a 
different view. Most of the female Swedish sexworkers I have 
interviewed voice a strong critique of their legal and social 
situation. They feel discriminated against, endangered by the very 
laws that seek to protect them, and they feel under severe emotional 
stress as a result of the laws.

The material in this article stems from my interviews, informal talks 
and correspondence with approximately 20 sexworkers since 1996, as 
well as published and broadcasted interviews with sexworkers in 
Swedish media. It is also based on interviews with people working 
with women selling sex to support a drug habit (most whom also are 
homeless).

This article also contains a summary of reports conducted by Swedish 
authorities after the introduction of new legislation (the 
criminalization of clients).

Selling sexual services is not work

Sexwork is officially not considered work in Sweden. Rather, 
prostitution is seen as a social ill and a form of men's violence 
against women. Women who sell sex are considered victims who need 
protection by the state. Male or transgendered sexworkers are rarely 
spoken of. In the task of creating a better and more equal society, 
the Swedish state has determined that prostitution has to be 
abolished. This is an opinion rarely called into question.

The law against procurement

The law against procurement renders it illegal to work indoors, work 
with others, to profit from the sexual labour of others, and 
advertise. Some women interviewed express satisfaction with the 
effect this law has had on exploitative pimps, since there have been 
relatively few of them in Sweden the last two decades. Other 
sexworkers find this law discriminatory. They believe that they, like 
any other worker or businessperson, should have the right to a 
reasonable work environment, work collectively, advertise or open a 
business etc.

Due to the law against procurement, sexworkers are forced to lie in 
order to rent premises, or alternatively they have to pay exorbitant 
rent. Either way, they constantly worry about being discovered. They 
also report often having to move (when discovered) and being treated 
badly by landlords and "rent pimps". Some women prefer to make 
contact with their customers on the street. Other sexworkers find 
this too humiliating.

Most of the women I have spoken to wish to be able to work together 
with others. This is to ensure safety and to support each other. They 
find it unfair that they cannot do this and feel scared when they 
have to work alone.

This law also makes it difficult for sexworkers to cohabit with a 
partner since it is illegal to receive any of a sexworker's income. 
It is hard for a sexworker to have a family at all since sexworkers 
are considered to be unfit parents and therefore can lose custody of 
their children if it emerges that they sell sex.

The law against purchasing sexual services

The new law which prohibits the act of buying sexual services is 
severely criticized by sexworkers. They find the law paradoxical, 
illogical and discriminatory. It further obstructs their work and 
exposes them to stress and danger.

The women I have spoken to say that the reasoning behind the law does 
not makes sense to them. How can the politicians claim that only the 
clients are being punished and that they are being protected? The 
effect of the is law mostly negative for the sexworker. Some point 
out that even if a few men might get fined, the majority will 
continue buying sexual services as usual - and as usual it is women 
and sexworkers who will be the most adversely affected.

As a result of the new legislation, the sexworkers say it is now 
harder for them to assess the clients. The clients are more stressed 
and scared and negotiation outdoors must be done in a more rapid 
manner. The likelihood of ending up with a dangerous client is 
thereby greater.

Due to the law, sexworkers feel hunted by the police, social workers, 
media and sometimes even anti-prostitution activists on the streets. 
They find this unacceptable. One sexworker commented that no other 
vocational group would accept that the police "patrolled their 
workplace".

Another consequence is that the sexworkers are now more apprehensive 
about seeking help from the police when they have had problems with 
an abusive customer. They do not want to be forced to report the 
client.

Since the number of sexworkers on the streets has decreased and they 
are more scared, previous informal networks amongst the sexworkers 
have weakened. The result is that they are no longer able to warn 
each other about dangerous clients or give each other the same 
support.

Women also report that another consequence of the law is lower prices 
on the streets since there are less customers and more competition. 
This means that women in more desperate need of money will engage in 
unsafe sex and sexual activity they usually would not perform. This 
in turn leads to poorer self-esteem and exposure to infection. Other 
women who have turned to the Internet to advertise claim a positive 
effect insofar as they have been able to raise their prices. But note 
that this only benefits some sexworkers. The more vulnerable 
sexworkers seem to be the ones most negatively affected by the law.

Women working on the streets in some bigger cities claim that there 
is now a greater percentage of "perverted" customers and that the 
"nice and kind" customers have disappeared. A "perverted" customer is 
someone who demands more violent forms of sex, sex with faeces and 
urine and who is more prone to humiliate, degrade and violate the 
sexworker. He also more often refuses to use condoms. Since there are 
fewer customers on the streets many women who sell sex in order to 
finance a drug habit can no longer refuse these customers, as they 
were previously able to. These women say the "kind" customers have 
either turned to the Internet to find sexual services or have been 
arrested by the police. On the contrary, the "perverted" customers 
know what to do to not be arrested and fined - they just have to deny 
it since there is rarely hard evidence.

Societal treatment

Another often mentioned grievance is how sexworkers feel treated by 
the authorities and by society at large. All sexworkers I have spoken 
to mention the stigma attached to prostitution where the sexworker is 
seen as weak, dirty, mentally ill, addicted to drugs and alcohol and 
viewed as a victim. Along with the difficult legal situation, this 
makes the sexworkers afraid that it will be brought to public 
attention that they sell sex, so they do all they can to ensure their 
anonymity. This includes for some women lying to friends, family and 
neighbours.

The sexworkers say that they feel incapacitated by the state and not 
respected. They maintain that their rights as citizens are violated. 
Several of them state that they are an important part of society, 
that they contribute to it, but that they are actively excluded from 
it. They also think sexworkers are denied the benefits of the welfare 
state - something that is granted all other Swedish citizens.

Several sexworkers say that they feel used by politicians, feminists 
and the media. They think that sexworkers are only listened to and 
being paid attention to if they say the correct things, i.e. that 
they find prostitution appalling, that they are victims, that they 
have stopped selling sex and will never go back, and that they are 
grateful to the current prostitution policy and to the policy makers.

Sexworkers feel overlooked in decision-making processes regarding 
juridical changes etc., something they find undemocratic. They 
question whether any other social group would have been so 
consistently excluded from any relevant policy making process

The sexworkers report having had very little or no help from the 
social authorities and in any case, they would rather be left alone 
by them. Some believe women wishing to leave sexwork can in some 
instances get adequate help from the social authorities.

Most of the sexworkers I have interviewed reject the idea that there 
is something intrinsically wrong with their profession, or that they 
should be subjected to therapy or retrained in order to work as 
something else. They also consider this to be a treatment that would 
not be foisted upon other professional groups. Sexworkers say that 
contrary to the official belief, they are not the victims of their 
customers, but victims of the state. This is not only because they 
are not listened to, or that the state puts them into dangerous 
situations and forces some of them to become affiliated with the 
criminal world, but also because the overall situation makes it 
impossible for them to be open about their work, speak out against 
injustice and to organize themselves.

Health issues

All the women I have spoken to report feelings of emotional stress 
due to the legal situation and how they are treated socially. They 
have to hide, lie and keep double identities. They fear harassment 
and ostracism for themselves, their children and their partners.

The emotional stress also stems from a vulnerable and unclear 
financial situation. Since most women do not pay taxes they are 
scared of what will happen to them once they retire. Their pensions 
will be low and barely adequate to live on. When they fall ill, they 
still have to work or rely on what savings they may have, instead of 
relying on a right to workers compensation. The legal situation 
regarding taxation is unclear and varies from city to city. Some tax 
authorities will leave sexworkers alone, others will seek them out 
and tax them according to an arbitrary estimate. This worries 
sexworkers. Some of them have been subjected to this procedure with 
disastrous financial consequences. Others have only heard about it 
and worry it will happen to them.

Sexworkers report an increase in their emotional stress subsequent to 
the introduction of the new law. The sexworkers say that they now 
feel more worried about being found out as well as more worried about 
future income. Several report that they now have more anxiety, 
sleeping problems, concentration problems as well as problems related 
to eating disorders, alcohol and drugs.

The sexworkers I have interviewed report greater feelings of 
powerlessness and resignation than before the introduction of the new 
legislation. They feel as if there is "no point" in trying to change 
the system (or its direct effects on their lives) and that no one 
supports them or speaks for them.

What they want

Sexworkers express anger about Swedish politicians who, in their 
opinion, brag and tell lies about the effect of the new law vis-ˆ-vis 
other countries. They wish that other countries might find out "the 
truth" about the effects of the law. They also strongly discourage 
other countries from adopting similar legislation.

Even if few of the sexworkers I have spoken to claim to know the 
details of the new legislation regarding prostitution in the 
Netherlands and Germany, they all speak positively of it. They wish 
that prostitution in Sweden would be legalized (or at least 
decriminalized), that there would be unions and organizations for 
sexworkers, that the stigma around them would be lifted and that they 
would be granted the same rights and obligations as other women and 
citizens.

Women selling sex to support a drug habit seem to be less likely to 
regard sexwork as a positive experience or as a work. But they are 
just as critical of the Swedish legislation and policy. They would 
like to have better access to a methadone or subutex program, 
currently something only a fixed number of people have.

Official reports

Criticisms similar to those made by my respondents were voiced in the 
three official reports made since the law against purchasing of 
sexual services was introduced. One year after the law was passed, 
the National Council for Crime Prevention (Brottsfšrebyggande r'det), 
conducted a survey of the practice of the new law and what problems 
had been encountered. The National Board of Health and Welfare 
(Socialstyrelsen), also published a report one year after the law was 
introduced. Their task was to document existing knowledge of the 
spread of prostitution. The National Police Board 
(Rikspolisstyrelsen) published a report based on information from the 
first two years of practice of the new law. Their task was to 
evaluate the practice of the law and make suggestions about new 
methods in police work against prostitution.

All of these reports find that street prostitution dropped 
immediately after the introduction of the law. They also suggest that 
recruitment was lower, although the National Council for Crime 
Prevention means that the exact number of prostitutes in for example 
Stockholm was hard to estimate because street prostitution had moved 
to other streets and took place in a larger area than before. All of 
the authorities say that there is no evidence that prostitution was 
lower overall. Instead hidden prostitution had probably increased.

All of the reports address the problems emerging after the new law 
was introduced. The National Police Board writes that the sexworkers 
that are still in street prostitution have a tough time. This, they 
explain, is because customers are fewer, prices are lower and 
competition harder for the women. This leads to the sex workers 
selling sex without protection of condoms for a higher rate, and it 
leads to them having to accept more customers than before (since the 
prices are lower). The respondents in the National Board of Health 
and Welfare's study (of which none are sexworkers themselves) believe 
female sexworkers now experience more difficulties and are more 
exposed then before. The buyers are "worse" and more dangerous, and 
the women who cannot stop or move their business are dependent on 
these more dangerous men, since they cannot afford to turn them down 
as before. Even the buyers that were interviewed believe that the law 
mostly affected the already socially marginalised women. According to 
the National Police Board, the healthcare system has worries about 
declining health among sex workers and spreading sexually transmitted 
disease.

The National Police Board has also found the law an obstacle to 
prosecuting profiteers who exploit the sexual labour of others. 
Earlier legal cases against such men could sometimes be supported by 
the testimonies of sex-buyers. But these men are no longer willing to 
assist, since they themselves are now guilty of committing a crime. 
The Police Board report also points out that sexworkers have fallen 
into a difficult, constructed, in-between position with regard to the 
new law. The female sex worker sells sex, but this is not a criminal 
act. However, because purchasing sexual services is now a crime, the 
sexworker can be made to appear as a witness in the trial process. 
She therefore has neither the rights of the accused or the victim. 
The Police Board report also discusses the fact that sexworkers are 
subject to an invasive searches and questioning, so that evidence 
against the clients might be obtained in flagranti.

Official reports
RPS (Rikspolisstyrelsen) 2001. Rapport. "Lag (1998:408) om fšrbund 
mot kšp av sexuella tjŠnster. Metodutveckling avseende 'tgŠrder mot 
prostitution." Av Nord, Anders och Rosenberg, Tomas. Polismyndigheten 
i Sk'ne. ALM 429-14044/99. 2001. POB -429-4616/99
SoS (Socialstyrelsen) 2000. "KŠnnedom om prostitution 1998-1999." SoS 
rapport 2000:5.
BR (Brottsfšrebyggande R'det) 2000. Br' rapport 2000:4. "Fšrbud mot 
kšp av sexuella tjŠnster. TillŠmpningen av lagen under fšrsta 'ret." 
Brottsfšrebyggande r'det. Stockholm.

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