A new bill provides for the criminalisation of sex purchasers with the aim of removing the “attractiveness of prostitution and trafficking” from organised criminal elements, according to its explanatory memorandum.
A new bill provides for the criminalisation of sex purchasers with the aim of removing the “attractiveness of prostitution and trafficking” from organised criminal elements, according to its explanatory memorandum.
The Criminal Law Sexual Offences Bill, which was introduced by independent TD Thomas Pringle for debate in the Dáil on 3 May, sets out a number of offences for the purchase of sexual services that are initially intended to act as a deterrent and lead to serious consequences for repeat offenders only.
The bill provides that first time offenders will be liable to an on-the-spot fine; second-time offenders will be liable to a Class C fine (currently a maximum of €2,500); and third time and other repeat offenders will be liable to a Class B fine (currently a maximum of €4,000) and a possible jail term of up to four weeks.
The sale or purchase of sexual services in Ireland is currently not criminalised, provided it is conducted out of public eye. But activities associated with prostitution such as pimping, soliciting in public or brothel keeping is a crime.
It is also an offence to organise prostitution, coerce or compel a person to be a prostitute, or knowingly live on the earnings of a prostitute.
The rationale behind these offences is the protection of prostitutes and an attempt to protect society from the nuisance and public-order problems associated with prostitution.
However, the buying and selling of sex indoors remains protected by omission under the presumption that this is a private contract between consenting adults.
Since 2008, there is also specific legislation in relation to human trafficking, which makes it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.
The bill’s explanatory memorandum underlines that the nature of prostitution in Ireland has changed dramatically over the past decade.
“Street prostitutes, the most visible face of prostitution, have been outnumbered by off-street prostitutes who can be contacted over the internet or by phone,” it states. “Many more foreign prostitutes operate in Ireland than a decade ago and the extent of the trafficking of women into and within Ireland for sexual exploitation is unknown.”
The Immigrant Council of Ireland (ICI) has welcomed the move as an important contribution to the ongoing review of prostitution laws and says it offers an opportunity to TDs from all sides to take a stand against organised crime.
Speaking ahead of the debate, ICI chief executive Denise Charlton said: “Thousands of people right across Ireland have now declared their support for the Turn Off the Red Light Campaign, which seeks to end exploitation, abuse and trafficking by targeting the buyers of sex.”
In a speech to the Dáil on 3 May on behalf of Justice Minister Alan Shatter, Paul Kehoe TD said the minister is “acutely conscious that persons who sell sexual services do so for a variety of reasons” and that “any women involved in prostitution have very limited life choices, whether owing to poverty or other circumstances in their lives.”
He added: “However, there are other women involved in sex work who object to being labelled victims and claim the right to sell sexual services is a legitimate life style choice. [And] while I am focussing here on women, I am conscious that men too can be involved in the sale of sexual services.”
