THE SEX BUYER BAN IS "STARVING
OUT SEX WORKERS"
According to transgender sex worker Lilith Staalesen, the current prostitution policies in Norway neglect sex worker rights and facilitate unsafe working environments. Nearly 10 years since the criminalisation of purchasing sexual services, sex workers are still fighting for standardised labour working regulations to ensure their safety.
BY BELLA FILACURIDI
NORWAY, Nov 28: “The buyers are technically the ones committing a crime, but we are the ones getting all the punishment” says Lilith Staalesen.
By decriminalising selling sex and criminalising buying sex, independent sex workers are faced with the overwhelming underground nature of the commercial sex industry.
Within the commercial sex industry, there are both prostitutes who are exploited and forced into ‘survival sex’ and others who enter the industry freely and proudly. Sex sellers are nuanced and complex, so why is the law a generic model that is only protecting one form of prostitute; sex workers who are endangered to being trafficked? Why are the current prostitution policies not adapting to the needs of the various sex workers?
The Sex Buyer Ban was implemented by the Ministry of Public Security and Justice in 2009, with the objective of shifting the stigma and long-standing prosecution of sex sellers to those who create demand; pimps and clients. This is the central feature of the Nordic Model, which is also implemented in Sweden (1999) and Iceland (2009).
Although, according to Amnesty International and the sex worker rights organisation, PION-Norge, the law has failed to do so. Instead it further propagates taboo and forces independent sex workers into compromising positions,
“Now, we have to protect the client, instead of focusing on protecting ourselves.” - Lilith Staalesen
NORWAY, Nov 28: “The buyers are technically the ones committing a crime, but we are the ones getting all the punishment” says Lilith Staalesen.
By decriminalising selling sex and criminalising buying sex, independent sex workers are faced with the overwhelming underground nature of the commercial sex industry.
Within the industry, there are both prostitutes who are exploited and forced into ‘survival sex’ and others who enter the industry freely and proudly. Sex sellers are nuanced and complex, so why is the law a generic model that is only protecting one form of prostitute; sex workers who are endangered to being trafficked? Why are the current prostitution policies not adapting to the needs of the various sex workers?
The Sex Buyer Ban was enforced by the Ministry of Public Security and Justice in 2009, with the objective of shifting the stigma and long-standing prosecution of sex sellers to those who create demand; pimps and clients. This is the central feature of the Nordic Model, which is also implemented in Sweden (1999) and Iceland (2009).
Although, according to Amnesty International and the sex worker rights organisation, PION-Norge, the law has failed to do so. Instead it further propagates taboo and forces independent sex workers into compromising positions,
Lilith has been in the industry for 2 years and works independently throughout Norway, taking clients who range from their 20’s to 80’s. Some of her clients have been booking her since the start of her career, becoming her regulars.
Under the current law, Lilith, just as other independent Norwegian sex workers, have been forced into a higher degree of uncertainty when accepting appointment requests. When contacting potential clients, they do not have the luxury of gaining much of their personal information, which can lead to ill judgments when accepting offers.
In this case, the law has limited sex workers to decipher whether potential clients will cooperate and adhere to their rules or disrespect and in some cases exploit them. Following the prohibition on sex purchases, sex workers are taking greater risks in their interactions with clients and are forced to conclude negotiations quickly and covertly, with reduced bargaining power in secluded areas to avoid buyers being confronted by law enforcement. Buying sexual services in Norway is punishable by fines and prison for up to 1 year.
Specialist Director in the Department of Crime Prevention at the Ministry of Public Security and Justice, Jan Austard, was a part of the team who implemented the Sex Buyer Ban and admits that the policy,
“Is not useful for independent Norwegian prostitutes.”
In response to these restrictions, Lilith explains the unfortunate, increased norm of ‘out calls’, meaning “When you’re on an ‘out call’ you are on someone else’s turf.” There are more uncontrolled variables, for example hidden cameras or more people at the appointment than originally anticipated by the sex worker.
Lilith Staalesen. Photo: Bella Filacuridi
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So, what does all this mean for Lilith?
PIERCING
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Austard states, “Some political parties in power agree that it is not beneficial for women in prostitution and it would drive prostitution underground and was all in all not the sensible step. There was quite a strong divide in parliament.”
Additionally, HIV and STD prevention is proving to be harder for sex workers now more than ever. In a report by Amnesty International, a representative of Oslo Police District 198 confirmed to researchers that “The existence of condoms in premises would be considered contributory evidence that the sale of sex was occurring there.” Lilith has experienced clients refusing to wear condoms for this very reason. Access to condoms and related HIV prevention services is an essential aspect of the right to the highest attainable standard of health.
However, according to Austard, the police are not directly implementing the current regulations to “target independent Norwegian women and their clients…the police are interested in foreigners and Norwegians trafficking and exploiting women.” Although, sex workers are still enduring the indirect effects these bans have on their sexual health and general safety.
Austard goes on to acknowledge the diversity of the industry,
“There is no typical prostitute.”
The law was not designed for the nuance of case-by-case individuals who are a part of the sex worker industry. According to the Ministry it is a “pragmatic approach” put in place with the intention of preventing trafficking both Norwegians and foreigners, not to be compatible with standard labour working regulations which endorse human rights. It was not designed for Norwegian independent sex workers, and this has in turn made it risker and more compromising to be a part of the commercial sex industry.
Sex Work: An even bigger risk for transgenders.
On November 20, it was the ‘International Memorial Day’ to commemorate the transphobic motivated murders of 369 transgender people in 2018. And 62% of these people sold sex.
So, what needs to change?
In order to combat patriarchal and economical oppression in the sex worker industry, sex workers need laws that empower them, according to sex workers activist groups.
Lilith says,
“We just want sex work to be recognized as work and to be protected under the current existing labor laws. That's all we need."
This could be achieved according to Jan Austard, through “the standardised labour working regulations” that ensure safe working environments.
However, due to the Sex Buyer Ban prioritising the prevention of trafficking and having a focus on foreign sex workers entering the Norwegian market, “these citizens would still be vulnerable, regardless” says Austard.
Although, Austard stated that trafficking has not significantly decreased, a 2014 evaluation conducted by the Ministry made the point of focusing on what could have been the case; increased trafficking without a law that imposes restrictions on the buyer.
The Nordic Model continues to be a conversation had between insiders and outsiders of the industry, campaigners are still actively striving for inclusivity across the board and protection for all types of sex workers.
Pride flag on the streets of Oslo. Photo: Bella Filacuridi
Lilith explains “As a transgender, we are an easier target, because we are generally, already so exposed in society.”
PION-Norge has various projects advocating for the rights of transgender sex workers to include their voices in the worldwide #metoo movement and promote justice for victims of sexual assault and hate crimes,
“From our point of view #metoo is about power relation and not necessarily heteronormative gender roles and relations.”
For Lilith, this conversation is important. The #metoo movement denies the possibility of her clients seeking validation to dehumanise, exploit or refuse her boundaries.
Lilith speaks of the social stigma systematically assigned to people of a transgender identity, yet denies to feed into this vulnerability.
Lilith is on a waiting list for her gender reassignment surgery for early next year,
“I am the most sexually experienced person among most of my friends, and now in a way, I’m going to be a virgin again.”
She speaks of it in a positive light, expressing that she is curious to see what it feels like to have sex with female reproductive organs. Until this occurs however, she did reflect on the struggle to navigate her gender identity when it does not coincide with the type of sexual service she currently provides.
Photo: Bella Filacuridi