Hillhead Review

The world’s oldest profession is one of the most debated issues of our time. From religion, health and public decency the general population is divided on both the ethics and practicalities of sex work. The 21st century is already one of the most revolutionary in modern history. So, is it finally time to put the sex work debate to bed? Or are we still sleeping in the past?

One grassroots Scottish organisation believes it has the modern solution to this age-old question. ‘Scotland for Decrim’ is calling for the full decriminalisation of sex work, stating that the current legal structure puts sex workers in danger. A modern and progressive movement to be sure, but difficult to drive with debate still stubbornly stuck in the past. This movement is not without precedent; other nations across the globe are making moves in modernising the industry, but approaches vary, and a general consensus on the right path to follow is still absent.

As someone who has focused on lived realities of sex work in Belgium for my master’s, these issues are not unique to Scotland. Belgium is largely considered to be one of, if not the most progressive, nations in this area and has recently introduced a full decriminalisation model at the federal level. However, this has not trickled down into regional levels in the same way, and although Antwerp as a city has moved forward, there is still a long way to go there – and across the country.

The core of Belgium’s model is recognising sex work as labour. With this, sex workers can benefit from employment contracts, social security, and workplace protections. They have also removed criminal sanctions relating to third-party involvement – aiming to promote safer working arrangements. However, as positive as this may sound, the new system is not foolproof. By tying rights to formal employment, many protections exclude some of the largest groups of sex workers, e.g. self-employed workers and undocumented migrants. Moreover, street-based sex work remains criminalised in Belgium and thus can only be practised in ‘concentration zones’ . In Antwerp this is the red-light district of Schipperskwartier. The reform has marked a significant step away from punitive intolerance of the industry, but if a perfect model does exist, they haven’t found it yet either.

The current state of Scottish regulation favours what is known as the Nordic model. The most significant development in Scotland is the member’s bill introduced to the Scottish parliament by MSP Ash Regan in May last year. This bill proposes criminalising the purchasing of sexual acts by creating a new offence targeting customers. However, it also includes a duty to provide support for people who are, or have been, engaging in sex work as well as repealing the existing offence of soliciting. This model would mean those who buy sex could face penalisation, but those who sell sex would not.

This bill has prompted significant debate around feasibility, evidence, and moral principles. One primary concern is whether the enforcement of the buying offence is practical. This issue was also present in Belgium prior to legalisation. The law enforcement services exercised a policy of ‘tolerance’, meaning it was a criminal activity, but not practically enforced.

So what was the point? It wasn’t practically illegal then, nor is it now. Would enforcing it be practical in Scotland either, or, as Scotland for Decrim argues, would it not push more sex workers underground, and further from safety frameworks?

Recent figures demonstrate a downward trend in prostitution-related offences, so is this an enforcement issue or is the industry shrinking? Further figures support the former assertion. In Scotland, despite prostitution-related crimes only accounting for 4% of all recorded sexual crimes, police intelligence found around 1800 adverts for sexual services in a single day, with some figures from 2014 showing even more at 3000. This demonstrates how invisible and underground the Scottish sex work market already is. Scotland for Decrim has acquired sex worker testimony which supports their proposed approach to combat statistics like these. Moreover, public polling in Scotland also demonstrates an opposition to the Nordic model.

The answer seems clear enough; the public doesn’t want the Nordic model and sex workers don’t want the Nordic model – so, what’s the problem? In theory, Scotland mirrors a Belgian attitude: modern, enlightened, and ambitious. But are people ready for the practicalities of decriminalisation? Is a place like Scotland open to what an unveiled sex work market will look like on the streets of Glasgow or Edinburgh, and would Scotland also adopt concentration zones? Are citizens of Scotland’s cities ready to give the go-ahead to red light districts?

In Belgium, the new model hasn’t quite been as successful as they’d hoped. Many sex workers, especially street-based workers, have not felt the practical benefits and even remain unaware of the reforms. Stigma in Belgium persists, and in Antwerp, the Schipperskwartier is blamed for more than just prostitution. Nuisance, rising house prices, and overtourism are all on the shoulders of the district. So, even in the wake of revolutionary reforms that have undoubtedly made the lives of many sex workers safer, healthier, and more secure, some sex workers remain lost under the waves.

Scotland for Decrim at their core share the same values as the Scottish people: safe working practices, social security, and the end of stigmatisation. It is fair to hope that these values are maintained through the realities which may come about from decriminalisation, but I daresay it might be naïve. Compared to Scotland, the status of the sex work industry in Belgium has thus far been entirely different. However, even so it provides a comprehensive case study of what decriminalisation can look like in reality.

The movement clearly knows what they want, but are they sure they know how they want to get there?