clause 13: protecting the unheard

When Anna* agreed to travel to the UK, she never imagined that her promised job waitressing in a hotel would lead to the nightmare that awaited her. Initially sold to a gang by a police officer from her home town in Lithuania, she was then moved to Cardiff where she was gang raped and forced into prostitution. Beaten every day, she was told that if she went to the police for help, her family would be harmed.

There are many people, like Anna, who are being exploited through prostitution in the UK today. Some have been coerced and controlled by pimps, others trafficked into and around the county. Many trafficked women are forced to see up to 15 clients a day.

At present the law states that it is OK to walk into a brothel and pay for sex with a person who has been trafficked or is under force by other means. Theoretically the rape law applies in cases where the buyer has full knowledge of the situation, although only 7% of any reported rapes result in a conviction in the UK. Achieving a conviction in cases where money has changed hands is virtually unheard of.

The Policing and Crime Bill has been introduced to Parliament in order to address this problem. Clause 13 of the Bill proposes to make it an offence to pay for sex with anyone who is ‘subjected to force, deception, threats or coercion’. The aim of this clause is to tackle the demand for exploitative prostitution, which fuels the supply of people who are trafficked or abused in other ways within the industry. Until UK demand for commercial sexual exploitation is properly addressed, attempts to diminish the suffering associated with prostitution in this country will be limited.

The proposed offence is one of strict liability, meaning that the police would not have to provide evidence that the purchaser had knowledge of the exploitation. This is a controversial, yet necessary element in order for the clause to be effective – the experience in Finland has clearly demonstrated the need for this component in the law. In 2006 Finland passed a law criminalising the buying of sexual services from ‘a victim of trafficking or procurement’. The offence did not include a strict liability provision, meaning that proof of knowledge had to be provided by the police in order to gain a conviction. Three years on, only two cases have resulted in convictions – one involving a girl with severe learning difficulties and the other involving a young girl who was locked in a basement. As Finland is estimated to have 10,000 -15,000 victims of international trafficking alone – not to mention the plight of Finnish nationals who are trapped – the law clearly does not go far enough.

As Christians, the Bible calls us to speak up for those whose voices go unheard. Through including Clause 13 in the Policing and Crime Bill, the Government has taken a significant step toward protecting the rights of people, like Anna, who are often unable to speak up for themselves.

Although the clause passed through the Commons, it has received much criticism in the Lords. There is a need for people to write to peers ahead of Report Stage – expected in October – when the clause will be debated and voted on.

For more information please visit www.care.org.uk/demand

*Not her real name

Rachel Davies

Human trafficking policy officer, CARE

August 2009

Rachel Davies, 07/09/2009