Statutes Amendment
(Decriminalisation of Sex Work) Bill 2015
A Submission to
The Select Committee of the Legislative
Council of the South Australian Parliament
Mr Peter Abetz B.Agric.Sci.(Hons); B.D.; MLA
Member for Southern River
Parliament of Western Australia
Email: peter.abetz@mp.wa.gov.au
Office: 08 9256 4900
October 2015
1
BIOGRAPHICAL NOTE
My interest in prostitution arose in 1984 while working as a pastor in
Victoria. In that year the Victorian parliament legalised prostitution.
Within months there were two gaudy brothels in my suburb of
Dandenong. Seeing the mushrooming of the sex industry in Victoria
was of concern to me as every prostitute is someone’s daughter, and
no young woman that I know has ever aspired to be a prostitute.
In Western Australia in the 1990s I was involved in counselling women in the
process of leaving the sex industry. This gave me an “insiders” perspective on the
prostitution trade, and what really goes on for women working as prostitutes.
I also ran a drug rehab support group for a number of years in the late 1990s to
2001, and this gave me insights into the reality that many drug addicts are so
desperate for the next hit, that they are willing to prostitute themselves.
In the past 10 years I have travelled to The Netherlands and accompanied police on
their prostitution law enforcement patrols, and met with senior law enforcement
officers and discussed the workings of their laws with working prostitutes and the
police. I have also met with police, government officials and former prostitutes in
Germany, France, New Zealand, Finland, South Korea, Russia and Sweden.
In 2014 I completed a 3 week study tour to France, Sweden and South Korea,
looking at prostitution law reform issues and human trafficking, meeting with
proponents and opponents of the Nordic approach to dealing with prostitution,
meeting with NGOs running successful exit programs, and government officials.
Since September 2008 I have represented the electorate of Southern River in the
West Australian Parliament.
Respectfully presented for your consideration.
Peter Abetz MLA
Member for Southern River
2
1. PROPOSED VIRTUAL LEGALISATION, NOT JUST DECRIMINALISATION
The advertisement inviting public submissions on the Bill states that “the purpose of
the Bill is to amend various pieces of legislation to decriminalise sex work and
extend protections to provide sex workers with the same rights and protections as
other workers.”
Whilst technically, the Bill is seeking decriminalisation by removing a number of
offences in the Criminal Law Consolidation Act 1935, the practical consequences of
this piece of legislation is the legalisation of prostitution in South Australia.
The wide protections offered through the suggested amendments to the Equal
Opportunity Act will, in practice, give legal recognition to the activity of prostitution in
South Australia.
2. THE IMPACT OF DECRIMINALISATION IN OTHER JURISDICTIONS
The likely impact of the decriminalisation of prostitution in South Australia is best
assessed by looking at the experience of jurisdictions that have proceeded along
that path in the past.
Jurisdictions that have not legalised or decriminalised all aspects of prostitution have
not experienced anywhere near the same increase in demand and human sex
trafficking.
Human trafficking for sexual purposes is out of control in Europe; Dutch police in the
city of Utrecht informed me in August 20091 that 85-95% of women in window
prostitution in their police district are trafficked women; Russian police in St
Petersburg told me in 2013 that 35,000 to 50,000 Russian young women are
trafficked out of Russia each year; police and the sex workers body in Germany
estimate that there are currently 400,000 women in prostitution in Germany, with
well over half are said to be trafficking victims.
I lived in Victoria in 1984 when the Victorian government legalised prostitution.
Police at the time said there were 50 brothels operating in Victoria. Today there are
over 100 legal brothels, and over 400 illegal brothels, not to mention the growth in
street prostitution and escort work.
1
3
Prostitution in the Netherlands – A Case Study of the City of Utrecht, attached as Appendix 1.
The state of NSW is currently undertaking major inquiry into prostitution, and the
evidence presented there reveals that the situation is out of control in that State.
Of all the jurisdictions I have visited, only one- New Zealand- has produced a
document claiming that the decriminalising of prostitution in 2003 has not led to
increased demand. 2
However the reality is that prostitutes openly acknowledged to me that demand has
increased. There is significantly more street prostitution in down town Auckland and
in Manukau 3. Furthermore, as the 2003 legislation provides for small owner
operated brothels (SOOBS), which do not require registration and as prostitutes do
not need to be registered in New Zealand, no one keeps any figures of how many
SOOBS are actually operating in the suburbs. Thus to assert that there has been no
evidence of an increase in demand is unsupported by any data.
The UN Special Rapporteur on the human rights aspects of the victims of human
trafficking made a recommendation, nearly ten years ago, to discourage countries
from legalising prostitution on the grounds that legalisation exacerbates demand:
“While criminalization does not guarantee that an activity will cease to exist, there is
no doubt that criminalization serves as a clear and effective means of discouraging
the activity... Since expressive condemnation of harmful conduct is one of the central
functions of the criminal legal system, it stands to reason States parties should be
encouraged to criminalize the use of prostituted persons”4
This observation has been confirmed by academic research, namely that
“…countries where prostitution is legal experience larger reported human trafficking
inflows.” 5
2
The Prostitution Law Review Committee of the Ministry of Justice NZ
http://www.justice.govt.nz/policy/commercial-property-and-regulatory/prostitution/prostitution-law-reviewcommittee/publications/plrc-report/2.-estimation-of-the-numbers-of-sex-workers-in-new-zealand stated in
May 2008: The Committee concludes, based on the research undertaken for this review, that the
number of sex workers in New Zealand has not increased as a result of the passage of the PRA.
Later in the report http://www.justice.govt.nz/policy/commercial-property-andregulatory/prostitution/prostitution-law-review-committee/publications/plrc-report/8-street-based-sexworkers#821 , it notes that all the NGO groups working on the streets say there has been an increase in street
prostitution, but then surprisingly, without any rationale or justification the report concludes there has been
no increase in street prostitution!
3
This is acknowledged in the Ministry of Justice report issued in April 2009
http://www.justice.govt.nz/policy/commercial-property-and-regulatory/prostitution/prostitution-reviewmanukau
4
Integration of the Human Rights of Women and a Gender Perspective: Report of the Special Rapporteur on
the human rights aspects of the victims of trafficking in persons, especially women and children, UN ESC
Commission on Human Rights, 62nd session, Provisional Agenda Item 12,UN Doc E/CN.4/2006/62 (20 February
2006),p.16,par.89
5
Does Legalised Prostitution Increase Human Trafficking? , Seo-Young Cho et. al. World Development Vol. 41, pp.
67–82, 2013.
4
The evidence is clear: Every jurisdiction which has decriminalised or legalised
prostitution has experienced significant growth in demand for sexual services,
which in turn has led to a massive increase in human sex trafficking to meet
that increased demand.
If the STATUTES AMENDMENT (DECRIMINALISATION OF SEX WORK) BILL
2015 becomes law, South Australia will need to brace itself for a major increase in
demand for sexual services and the associated human trafficking.
3. THE RISING EVIDENCE FOR SEXUAL SLAVERY
My personal findings, arising from my private research and extensive travels indicate
that there is growing evidence of sexual slavery in most countries around the world.
These findings are also supported by publicly available research and statistics.
In 2013, the European Commission (“EC”) published a report covering EU Member
States, reporting data for 2008, 2009 and 20106 in which it claimed the following:
“The majority of the identified and presumed victims over the three reference years
are trafficked for sexual exploitation (62%). Trafficking for forced labour (25%) comes
second and trafficking in other forms such as trafficking for the removal of organs, for
criminal activities and for selling of children follow with much smaller percentages
(14% all together)”
The EC points out, however, that there is most probably a significant level of under
reporting and that the true position is likely to be much worse. It acknowledges that it
“lacks reliable and comparable statistical information on trafficking in human beings
due to the differences between the Member States in the criminal codes, in the
reporting and monitoring systems and in the rates of reporting cases to the police,
NGOs and other entities.
The EC cites a report from the International Labor Organisation, issued in June
2012, estimating “…the number of victims of forced labour, including forced sexual
exploitation, to be 20.9 million at a global level, with an estimated 5.5 million
children.”
It claims that “…worldwide, trafficking in persons for sexual exploitation is more
frequent than trafficking for forced labor and that the percentage of victims of
trafficking for sexual exploitation is increasing per year, whereas the percentage
reported of trafficking for labour exploitation is dropping”
In 2014, the United Nations office on Drugs and Crime (UNODC) published a global
report on trafficking in persons which reveals a similar direction worldwide 7. The
6
Trafficking in human beings, Eurostat Methodologies and Working Papers, Eurostat European Commission,
ISNN 1977-0375; 2013.
7
ditto.
5
report gleaned information on all forms of exploitation from 88 countries and refers to
a total of 30,592 victims of trafficking in persons detected and reported between
2010 and 2012.
It claims that 53% of the victims detected in 2011 were subjected to sexual
exploitation8 with the vast majority of the detected victims being females9.
Recently, in Australia, the Australian Federal Police (AFP) reported that sex
trafficking is also on the rise and that the number of investigations doubled in the
past 2 years10. Police are uncovering more cases of trafficking related to forced
marriages but acknowledge that forced marriages continue to be “grossly under
reported due to the fear felt by the victims”11.
4. POSTTRAUMATIC STRESS DISORDER
PTSD is an anxiety disorder that can develop after exposure to a serious ordeal.
While I am not a clinical psychologist, the symptoms I observed in the women that I
counselled in Perth WA, who wanted to leave prostitution, indicated that virtually all
of them suffered from varying degrees from PTSD.
When visiting the rehabilitation centres in Sweden and South Korea in 2014, the staff
informed our delegation that it is exceedingly rare to have a woman who has been in
prostitution for any length of time, not to be suffering PTSD. They also stated that
most also suffer from personality splitting, as that is the only way they can cope with
having sex with so many clients each day.
I have researched the issue of post-traumatic stress disorder (PTSD) among sex
workers. Limited findings are available in Australia but much research has been
conducted overseas.
It is not always clear as to whether PTSD is a direct consequence of sex work or
whether factors that predate entry into prostitution, such as childhood abuse, drug
addiction, are contributory factors. In practice, PTSTD is probably a combination of
both, but it matters little what causes it. The important fact is that most studies clearly
indicate that sex workers are more prone to PTSD than the general population. Sex
workers can consequently be classified as vulnerable persons.
Given the clear evidence that women working in prostitution exhibit a much higher
incidence of various disorders, one would think that any proposed legislation should
ensure that the sex industry does not expand by any measure. Indeed, an industry
8
Ibid, p.33
Ibid, p.36
10
“Sex trafficking, slavery and force marriage on the rise in Australia, say police”, Sydney Morning Herald,
October 31 2014.
11
ditto
9
6
that requires vulnerable people as “fodder” can hardly be deemed a desirable
industry.
The major most recent study that I am aware of that was carried out in the field of
prostitution and PTSD dates back to 2003.”12
This is study is based on interviews of 854 prostitutes in 9 countries comprising
Canada, Colombia, Germany, Mexico, South Africa, Thailand, Turkey, United States
and Zambia.
This study found that 65% to 95% of prostitutes were sexually assaulted as children;
60% to 75% had been raped; 75% had been homeless at some point in their lives;
89% wanted to escape prostitution and 68% of 827 people in several different types
of prostitution in the 9 countries met criteria for PTSD. The severity of the symptoms
of the participants were reported to be in the same range as treatment-seeking
combat veterans, battered women seeking shelter, rape survivors, and refugees
from state-organised torture.
Participants in 6 of those 9 countries (Canada, Columbia, Germany, Mexico, South
Africa and Zambia) were asked whether they thought that legalising prostitution
would make them physically safer. 46% stated that prostitution would be no safer if
it were legalised. In Germany, where prostitution is legal, 59% of respondents
reported that legal prostitution had not made them safer from rape and physical
assault.
It was also reported that brothel workers did not necessarily feel any safer than
street workers:
“Women have told us that they felt safer in street prostitution compared to (legal)
Nevada brothels, where they were not permitted to reject any customer. Others
commented that on the street they could refuse dangerous-appearing or intoxicated
customers.... (and in another study) women in Chicago reported the same frequency
of rape in escort and in street prostitution” 13
The study also found that in Mexico where the researchers compared different types
of prostitution there were no statistically significant differences between
brothel/massage, street, and strip club prostitution with respect to PTSD, length of
time in prostitution, childhood sexual abuse, childhood physical abuse, rape in
prostitution, numbers of types of lifetime violence experienced, and percentages of
respondents who told us that they wanted to escape from prostitution.
12
Farley et al. Prostitution and Trafficking in Nine Countries: An Update on Violence and Posttraumatic Stress,
Journal of Trauma Practice, Vol2. No3/4, 2003, pp.33-74
13
Ditto, p.60
7
In view of its breadth and depth and geographical diversity, this study provides solid
evidence of the vulnerability of most sex workers to post traumatic stress disorder,
and acts of violence.
Other studies also support the fact that sex workers are significantly more
vulnerable:
 A study prepared in 2010 by Prof Donovan for the Australian Government 14
showed that where respondents were asked a series of questions to assess
their emotional well-being using the internationally standardised Kessler 6
scale, of the 154 respondents who answered all questions, 11.7% scored a
reading of 13 or higher, indicative of “extreme distress.”. The report comments
that this a considerably higher percentage than around the 4% found in the
general female population.

Cross sectional data collected from 72 women via face to face structured
interviews in Sydney: All but one of the women interviewed reported
experiencing trauma that typically began in early childhood. Just under half
met criteria for PTSD. Depression and drug dependence were also highly
prevalent.15

130 prostitutes in San Francisco were interviewed regarding the extent of
violence in their lives and symptoms of PTSD; as adults in prostitution 82%
had been physically assaulted, 83% threatened with a weapon; 68% raped
while working as a prostitute. 88% stated they wanted to leave prostitution.
They expressed the need for a home or safe place, job training, treatment for
drug and alcohol abuse, health care, peer support and self defence training.16

475 persons recently prostituted in five countries (South Africa, Thailand,
Turkey, USA, Zambia were interviewed with the following results: 73%
reported physical assault in prostitution, 62% reported having been raped
since entering prostitution, 67% met criteria for a diagnosis of PTSD . The
PTSD severity in the sample was found to be higher than that in treatmentseeking Vietnam veterans in the United States. 17
14
Donovan et.al The Sex Industry in Western Australia: A Report to the Western Australian Government;
Sydney: National Centre in HIV Epidemiology and Clinical Research, UNSW 2010.
15
Roxburgh, Degenhardt and Copeland Posttraumatic stress disorder among female street-based sex workers
in the greater Sydney area, Australia;, BMC Psychiatry, 2206, 6:24.
16
Farley & Barkan Prostitution, Violence Against Women and Posttraumatic Stress Disorder; Haworth Press,
1998
17
Farley et al Prostitution in Five Countries: Violence and Post-Traumatic Stress Disorder;; Feminism &
Psychology , 1998 Volume 8(4)
8

100 prostitutes in Washington D.C. participated in a survey. 61% reported
being physically assaulted since they had entered prostitution; with the
majority of assaults being perpetrated by customers (75%). Nearly 80%
reported being threatened by someone with a weapon. 44% reported being
raped since entering prostitution. With regard to PTSD, 42% met the criteria
for diagnosis of PTSD. This cohort was divided into 3 groups, males, female
and transgender. All three groups evidenced a desire to leave prostitution.18
5. DRUG USE
The prevalence of drug use among sex workers is generally recognised as being
much higher than the general population. One of the difficulties in studies on this
topic, is that studies depend on the self reporting of drug use. My experience in
assisting in rehabilitating women wanting to leave the sex industry, I never
encountered a woman who did not have a drug issue. When I visited the Tipplezone
in Utrecht in The Netherlands (see Appendix 1) in talking with the prostitutes, they all
claimed they were not on drugs, but the minute a particular working girl left the room
or the conversation, the others would immediately inform me of what drugs she was
using. Linda Watson, a woman who worked in prostitution for over 20 years and
eventually ran her own brothel in WA, informed me that while not all working girls are
addicted to drugs, every girl uses pain medication of some sort to be able to cope
with the rigors of the job.
The police in the Netherlands informed me that their estimate is that 85-90% of
street prostitutes are drug addicts, while they estimate that at least 70% of the
window prostitutes are addicted to various illicit drugs. I was told that very few
women who have been in the industry longer than 2 years are drug free.
Given the high rate of drug use among sex workers, it is clear that they are highly
vulnerable persons.
I am of the view that prostitution legislation must not facilitate the expansion of an
industry that is essentially exploitative in nature.
The evidence is very clear:
decriminalising and/or legalising prostitution increases the number of women
involved in prostitution, which in turn results in increased drug issues within a
jurisdiction.
Valera, Sawyer and Schiraldi Violence and Post Traumatic Stress Disorder in a
Sample of Inner City Street Prostitutes;, American Journal of Health Studies; 16(3)
2000)
18
9
6. THE NEW ZEALAND EXPERIMENT: A FAILURE
I believe that the New Zealand model warrants close attention because it would
appear that the model currently considered by the South Australian Parliament
shares many of the features of its New Zealand counterpart.
While on a personally funded family visit to New Zealand in February 2014, I took the
opportunity to meet with various people who are well versed in the details of the
Prostitution Reform Act 2003 (PRA) and its out workings in practice.
I met with a range of NGO’s in New Zealand that operate in the sphere of prostitution
and human trafficking, and several former prostitutes – one who operated in the pre
PRA regime of decriminalised prostitution, and one who had only operated since
PRA came into force.
I meet with two former prostitutes and a person who regularly works on the
DrugARM van in the streets of Auckland which provides services to people on the
streets, including street prostitutes.
The stated objectives of the Prostitution Reform Act 2003 were to provide a
framework that:
a. Safeguards the human rights of sex workers and protects them from
exploitation.
b. Promotes the welfare and occupational health and safety of sex
workers
c. Is conducive to public health
d. Prohibits the use in prostitution of persons less than 18 years of age.
The key practical provisions of the PRA are that neither the sellers of sexual
services (prostitutes) nor the clients (often referred to as Johns) nor facilitators
are subject to prosecution.
This is largely what is being proposed in South Australian legalisation.
While the above mentioned objectives of the PRA would appear laudable – all the
parties consulted had formed the view and presented evidence indicating that not
a single one of these objectives has been achieved after more than 10 years of
the provisions of the PRA being in operation.
This failure to meet the objectives is also confirmed by the review of the PRA
commissioned by the
NZ Government and conducted by the University of
10
Otago19. The report was unable to conclude that the PRA resulted in a reduction
in prostitution.
The New Zealand Prime Minister, John Key is on public record as stating:
"The argument was that it would eliminate all the street workers and underage
people, particularly girls, and the reports that we see in places like South
Auckland is that it hasn't actually worked. I think it's been marginally successful, if
at all." 20
The reality is in fact somewhat worse: provisions of the PRA have resulted in
major growth in street prostitution (and a proliferation of new brothels.) One of the
former prostitutes who had been a street prostitute under the current legislation
provided me with a guided tour of the streets of Auckland – and I was amazed at
the number of brothels in such close proximity to each other, and that a number of
mega brothels were in the planning / construction phase.
7. THE OPTION OF THE NORDIC SOLUTION
The Nordic solution, initially adopted by Sweden in 1999, has at its core the
criminalising of purchasing or attempting to purchase sexual services, while
decriminalising the selling of sexual services. It also provides well funded exit
programs for women wishing to leave prostitution.
It has been highly effective in reducing prostitution in Sweden.
As a consequence, an increasing number of countries are turning to this option to
address the issue of prostitution in their own jurisdictions
The Coalition against Trafficking in Women, a Non-Government Organisation that
has consultative status with the United Nations Economic and Social Council has
conducted some historical research into the Nordic approach to prostitution and
in a recent report lists the countries that have adopted it.21 These include
Sweden, Norway, Iceland, Israel, Northern Ireland with variations also adopted in
South Korea, the United Kingdom and Finland. Canada adopted this approach in
2014.
In February 2014, the European Parliament passed a resolution by 343 votes to
139 calling for the reduction of the demand for prostitution and the adoption of the
Nordic Model.22.
19
The Impact of the Prostitution Reform Act on the Health and Safety Practices of Sex Workers, Report to the
Prostitution Law Reform Committee, University of Otago, Nov. 2007.
20
on Radio Live as reported in Otago Daily Times Nov 14, 2012
21
Demand Change: Understanding the Nordic Approach to Prostitution, Coalition Against Trafficking in
Women Australia (CATWA), Melbourne, 2013.
22
http://www.europarl.europa.eu/news/en/news-room/content/20140221IPR36644/html/Punish-the-clientnot-the-prostitute (accessed 8/10/15)
11
The reason the Nordic model is increasingly being implemented is simple: it is the
only legislative regime that has consistently resulted in a decrease in prostitution,
and as a consequence makes human sex trafficking unattractive.
In its recent report23, CATWA reported that a wide range of evidence, including
government reviews, policy reports and surveys of sex buyers indicate that this
approach has been very effective:
“According to a variety of Swedish NGOs and government agencies, street
prostitution ‘ virtually disappeared’ in major cities after the introduction of the ban on
the purchase of ‘sexual services’. Other forms of prostitution are also thought to have
declined. In the mid-1990s, for example, the Swedish Prostitution Inquiry estimated
that there were around 2500-3000 women in prostitution in Sweden. A study
undertaken by researchers at the Nordic Institute for Women’s Studies and Gender
(NIKK) suggests that this number had fallen to around 650 people by 2008 .”24
Furthermore, the CATWA report stresses that research carried out in other Nordic
countries reveals similar success 25.
The adoption of the Nordic model is nevertheless still subject to controversy in
countries that have not gone along that path. The main criticisms revolve around the
claim that these laws have pushed prostitution underground and exposed women in
prostitution to more dangerous conditions.
However, these criticisms are inaccurate and unfounded.
The notion that prostitution can be “driven underground” is a myth: All businesses
require visibility of some kind in order to survive. The police in Sweden consider the
assertion that the laws have driven prostitution underground laughable, saying, “If
clients can find them, so can we!”
Throughout Europe much of non-brothel
prostitution has moved to advertising on the internet, and clients then phone a
mobile phone number and are directed to an address. Under the Nordic model police
monitor the internet, and make a booking, but at the appointed time, two female
social workers visit the woman and encourage her to seek rehabilitation. If this is
unsuccessful, then undercover police stake out the apartment/premises and
apprehend the men leaving the apartment/premises and the persons leaving are
issued with an infringement notice for purchasing or attempting to purchase sexual
services. Some 300 men are prosecuted each year in Sweden.
Furthermore, some new research carried out in Norway indicates that far from
exposing sex workers to more violence, the Nordic model has contributed to a
reduction in the incidence of serious violence26
23
Op cit. p9 ff.
Ibid. p 9
25
Ibid. p. 19.
24
12
The report compares the situation in 2012 with what it was in Norway in 2008, just
prior to the introduction of the Nordic model.
It shows that rape is down by 48%, being struck with a fist by 38% and that violence
from an unfamiliar man in a car has dropped by 60%.
It is also noteworthy, that since 1999, one prostitute has been murdered in Sweden,
while in the Netherlands at last count, 112 prostitutes had been murdered in the
same time period. It needs to be noted that Sweden’s population is only half that of
the Netherlands, but even so the ratio is 1:50.27
8. CONCLUSION
The evidence from various jurisdictions demonstrates that decriminalising or
legalising prostitution invariably results in a significant increase in demand for sexual
services, which in turn results in an increased problem with human sex trafficking.
This is not a speculative conclusion. The historical evidence and research in many
countries is so overwhelming that no other conclusion can reasonably be reached.
If the South Australian parliament decides to proceed with the Statutes Amendment
(Decriminalisation of Sex Work) Bill 2015, the consequences are entirely predictable:
a major increase in demand for sexual services, which in turn will increase the
problem of human sex trafficking.
I would urge the committee to recommend to the Parliament that the Statutes
Amendment (Decriminalisation of Sex Work) Bill 2015 be abandoned, and that
legislation embodying the Nordic approach be introduced. This approach has a
proven track record of achieving a reduction in the number of women caught up in
prostitution and reducing the incidence of violence in prostitution, as well as
reducing human sex trafficking.
Respectfully submitted
PETER ABETZ MLA
26
Berg Samantha, “New research shows violence decreases under Nordic model: why the radio silence”,
Feminist Current, Jan. 22 20013 http://www.feministcurrent.com/2013/01/22/new-research-shows-violencedecreases-under-nordic-model-why-the-radio-silence/ (extracted 8.10.15)
27
This information was provided to the Parliamentary delegation by Swedish police when visiting Sweden in
July 2014.
13
Appendix 1
Prostitution in the Netherlands – A Case Study of the City of Utrecht
Prepared By
Rev Peter Abetz B.Agric.Sci(Hons); B.D.; MLA
Member for Southern River in the West Australian Parliament
Unit 4, 466 Warton Road
SOUTHERN RIVER WA 6110
Ph: (08) 9256 4900
Email: peter.abetz@mp.wa.gov.au
October 2009
14
Contents
Contents ................................................................................................................................................ 15
Background ........................................................................................................................................... 16
Legal Situation in the Netherlands........................................................................................................ 16
The Prostitution arrangements in the City of Utrecht .......................................................................... 17
Street Prostitution ................................................................................................................................ 17
Social work/assistance for leaving the industry ............................................................................... 19
No Health checks required................................................................................................................ 21
Effect on neighbouring properties .................................................................................................... 21
Costs of policing ................................................................................................................................ 21
Drug Issues and Police corruption .................................................................................................... 21
Safety ................................................................................................................................................ 21
A Personal Story: ............................................................................................................................... 22
Summary of Street Prostitution ........................................................................................................ 22
Window Prostitution ............................................................................................................................. 23
Problems in the Zandpad .................................................................................................................. 23
Policing on the Zandpad: .................................................................................................................. 25
The Amsterdam Experience .............................................................................................................. 25
General Summary ................................................................................................................................. 26
Considerations for Western Australia............................................................................................... 26
Closing Remarks: ................................................................................................................................... 26
Acknowledgements............................................................................................................................... 27
15
Background
Having lived in Victoria in 1984 when the Victorian Labor Government legalised prostitution, and
seeing the mushrooming of the so called “sex industry”, I have taken a keen interest in how various
jurisdictions deal with the problem of prostitution. I have authored several submissions to both
Liberal and Labor governments in WA on behalf of the WA Association of Heads of Churches, and
have addressed various public meetings.
In my role as a pastor in Willetton (a southern suburb of Perth), I have been involved in assisting in
the rehabilitation of drug addicts, and women wanting to leave the sex industry. In Perth, as in all
jurisdictions, the drug and prostitution world are very interconnected.
As my wife has an uncle in the Netherlands who is a very senior police officer, in 2003 I was able to
go out on two successive nights with the Utrecht Police vice squad patrol car (accompanied by
Officer Jan Schoenmaker, who spoke fluent English). At that time I was looking to see what help
and methods were available for women wanting to leave the sex industry in the Netherlands, and to
see how the industry was “managed” there.
Knowing that our WA government is committed to introducing some form of legislation relating to
prostitution in the next year or so, I also took the opportunity in August 2009, while on a self-funded
family visit to Europe, to create an opportunity to become more familiar with how the now legalised
sex industry operated in the Netherlands, and to determine whether there are aspects of their
systems, which might be helpful to consider in framing our WA legislation.
Legal Situation in the Netherlands
Prostitution was defined as a legal profession in the Netherlands in January 1988. However, it was
not until October 1, 2000 that brothels became fully legal and licensed businesses. Prior to this time,
prostitution had operated on a de facto legalised basis. For example, in 1986 the City of Utrecht
initiated its “Tipplezone” policy.
The legalising of prostitution in the Netherlands now means that being a prostitute is a formally
recognised profession/job (although I was told there are no formal training courses available!).
Prostitutes are required by law to be sole operators, each with their own business tax file number.
Under the legislation it is up to each city (local government) to frame its own regulations governing
prostitution. This is usually done in consultation with the local police.
The Netherlands is divided into 13 provinces and each province has its own police force. (In the same
way that our Australian states each have their own police force).
I had the opportunity to study the systems in place in the city of Utrecht, which is the 4th largest city
of the Netherlands, and is located in the centre of the Netherlands. The City of Utrecht is a thriving
city, with a significant Moroccan community, whose male members unfortunately also feature very
prominently in both petty and more organised crime.
16
The Prostitution arrangements in the City of Utrecht
In Utrecht (and elsewhere in the Netherlands) prostitution has been divided into 3 distinct
categories:



street prostitution and
prostitution from premises (usually referred to as “window” prostitution)
escort agencies
Each is governed by its own set of regulations, and is policed by a different set of police officers.
I only investigated the workings of the first two categories.
Street Prostitution
Because street prostitution used to be a very visible and
therefore the most offensive form of prostitution to many
people, the city decided to only allow this form of
prostitution in an area known as the “Tipplezone”. The
Tipplezone is in a light industrial area, which has a park
opposite it. It is a stretch of several hundred metres of road
with only one vehicle entry point and one vehicle exit point.
(Initially it was bigger and had several entry and exit points, but this was found to be more difficult
to police). Soliciting anywhere else in the city is strictly prohibited, and any woman who is soliciting
in other areas of the city is arrested – generally, no warnings are issued.
The Tipplezone operates from
7 pm to 2 am each day, 7 days
a week. To solicit there, a
prostitute must have a licence
issued by the city. The city
issues the licences, but before
doing so checks with the police
as to whether or not they
consider the person an
“appropriate” person. There is
also a 14 day waiting period
from lodging an application
before a licence can be issued.
The city provides the police
17
with a list (with photos) of all women licensed to work in the Tipplezone. There are currently 150
women with permits, but only 130 are currently working. Approximately 50% live in Utrecht. The
other 50% come from other cities. Many of this latter group work only some days of the week in
Utrecht or make irregular use of their permits.
In most cities in the Netherlands, the policing of prostitution is a difficult problem, because most
officers find it a very unpleasant policing role. Utrecht is very fortunate in having an older
policeman, Jan Schoenmaker, who has a real heart for helping these women, and who has been in
charge of this work since the Tipplezone was started in 1986. In keeping with police policy, no police
officer is allowed to patrol this area on their own – they must always be accompanied by another
officer. I had the opportunity to accompany Officer Schoenmaker on two successive night patrols in
2003 (when my interest was more focused on what was being done to rehabilitate women wanting
to leave prostitution) and for one night in Aug 2009, where my interest was more in terms of
looking at the way their legalised system operates.
Officer Schoenmaker is in his late 50s and has become somewhat of a grandfather figure to the
women. They see him as very strict but fair, and he has come to be trusted and respected by the
women. He patrols the zone almost every night along with a female officer, who also has a real
heart for these women. He knows each of the women by name, and as he patrols the street in a
marked or sometimes unmarked car, the women often give him a friendly wave, and sometimes
they come up to his vehicle to have a brief chat – sometimes to express concern about a woman that
has not been working for a time, or to tell him about a drug dealer who is trying to do deals in the
zone. As Officer Schoenmaker knows them all by name, he immediately spots any woman without a
permit. These he approaches and informs them of the requirement to have a permit, and informs
them of the process of acquiring one, and if they leave, that is the end of the matter. If they refuse
to leave, or appear again later in the night, they are arrested if they are seen to be soliciting. (Most
women who turn up without a permit are from Rumania and other former eastern block countries.)
The Tipplezone operates by the women “parading” themselves in the several hundred metres of the
Tipplezone. Cars cruise past, “inspecting the wares”. A vehicle is only allowed to have one man in it.
Once a client picks up the woman of his choice, the vehicle MUST proceed to the horsebox area
which is an area some hundreds of metres further away which has cubicles where the vehicles must
enter, and the client and prostitute conduct their business. When completed, the driver must drop
the woman back on the Tipplezone. Prostitutes are not permitted to leave the Tipplezone with a
client.
From my discussions with the women in the Tipplezone in 2003, it appeared that some 80% were
working as prostitutes to service their illicit drug habits. In 2009, the police reported to me that this
situation had not changed significantly. The prostitutes working the Tipplezone are generally
considered a “lower class” prostitute to what is available in the “window prostitution” areas.
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A
B
“Horsebox” area to provide private cubicles for client vehicles.
(A) View of the parking area; (B) View inside a bay.
Social work/assistance for leaving the industry
The City of Utrecht provides a “bus” seven days a week in the Tipplezone. It is equipped with a
shower and toilet, houses two social workers and has a lounge area which serves as a refuge or a
safe place for the women. Two nights a week, a doctor is present who provides free medical checks
and advice. The social workers in the bus provide general support and also information and
assistance to anyone who expresses the desire to leave prostitution.
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Above, The bus refuge centre provided by the City of Utrecht; and below, a view of the interior
showing the kitchenette.
Because prostitution is a legal occupation, the social workers do not actively seek to encourage
women to leave the industry. It is only when a woman actually indicates that she might like to leave
the industry, that active help is given to assist her in that endeavour.
Officer Schoenmaker has the view that every human being is equally precious and valuable, and
must be treated with respect and dignity. He treats the women with respect, and his underlying goal
is to create a safe environment for the women to work, until they are ready to accept help to leave
the drugs and prostitution lifestyle. He indicated that one of the problems of younger police
officers working with prostitutes, is that they sometimes feel so much pity for them that it develops
into a form of “falling in love” with them, so much so that it is police department policy to rotate the
police officers regularly who work with him.
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No Health checks required
It is interesting that in the Netherlands, no compulsory health checks are required for prostitutes.
The police and the social workers are of the view that to require such checks would be counterproductive. The reason for this is that a woman who might be deemed “unfit” due to infection
would then simply work outside of the legal system. (It is my understanding that this is a serious
problem in Victoria, where regular health checks are mandatory).
Effect on neighbouring properties
The police informed me that businesses in the Tipplezone have accepted the presence of this zone
outside their premises. The presence of the Tipplezone has reduced the incidence of theft and
break-ins on their properties, presumably due to the visible police presence.
Costs of policing
The policing of the Tipplezone involves 2 full time officers 7 days a week whose primary role is to
monitor the zone. It has been found that if the zone is not constantly patrolled drug dealers and
women traffickers move in to the area. Thus in considering this model, it should be born in mind
that 150 permit holders effectively require 3 full time police officers to maintain law and order, plus
funding for bringing the bus to the zone each night, along with funding for the salaries of the two
social workers and the doctor. It is a very costly operation for the police and the city in terms of
human resources invested in this ongoing project.
Drug Issues and Police corruption
His fellow officers consider Officer Schoenmaker as totally incorruptible – an important trait, as drug
dealers target areas where prostitutes operate, as they know that most of the women are addicted.
In the early days of the Tipplezone’s operation, drug dealers were constantly trying gain a foothold.
However by consistent policing, this was prevented. Nevertheless, Officer Schoenmaker told me
that in the earlier years of the Tipplezone operating, he received a number of death threats at his
home over quite a period of time, and had he still had children at home, he would not have
continued in this work.
Safety
According to Officer Schoenmaker, the Tipplezone arrangement has worked well. It is very rare for
a woman to be injured, and there have not been any murders of prostitutes in the Tipplezone.
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A Personal Story:
Straat Waarde by Esther Schenk
This recently published book (unfortunately at this stage
only available in Dutch!) gives the account of a young
woman who through her drug addiction, entered
prostitution in the Netherlands. She describes her
soliciting in the Tipplezone, and how it made her feel much
safer. After becoming drug addicted, her physical
appearance deteriorates, leaving her with less work. She
describes how on several occasions, she allowed a client to
talk her into leaving the Tipplezone. She accompanied a
client to a home where she was gang raped and had the
most horrific experiences, including being kept as a sex
slave for some days. This is a timely reminder that the
Tipplezone, while a much safer environment, cannot
totally prevent these kinds of situations occurring - even
with its heavy police presence.
Summary of Street Prostitution
The City of Utrecht’s approach to street prostitution appears to have been working well for a
number of years. However, it should be borne in mind that it continues to be highly dependent on a
very heavy ongoing investment of police resources, and the availability of a unique police officer in
Jan Schoenmaker, whose personal interest in the women’s well being enables him to be a father
figure to the women, and enables him to immediately spot unlicensed women.
22
Window Prostitution
Background: the City of Utrecht has set aside one primary zone for “window” prostitution, known as
the “Zandpad” , which is the name of the street that runs alongside of the canal on which 34 narrow
boats (known in the Netherland as barges) are moored, which provide some 144 “windows ”, and
operates 7 days per week, 24 hours per day.
In order for a woman to be allowed to operate legally on these barges she must obtain a licence
from the city (much as in the Tipplezone – see above), be registered with the tax office as an
independent business, and have an EU passport. (It is possible to get a licence without an EU
passport, but this involves a more involved process).
The women rent the rooms on the barges from the owners of these barges for 600 Euros
(approximately $1000 AUD, Aug 2009) for a twelve hour period (also called shifts). One owner owns
65% of the barges, and four other parties own the remainder. At such high prices it is in the owners
interest to make sure that their rooms are occupied, which they generally are. The owners of the
barges reap some $A1.5million per week in rent. One of the conditions imposed by the city on the
barge owners, is that they must provide security guards for the protection of the women.
Prospective clients either drive slowly down the Zandpad, inspecting the women who hang over the
railing in somewhat provocative poses and limited dress, or the prospective clients park their cars
and walk down the Zandpad. From driving past the women on display in the Zandpad in the middle
of the day (August 2009), it was evident that the women were all either African or Eastern European
(particularly Rumanian and Russian), with a small number of women of Asian background. On the
day I drove past with a police officer, there was not one Dutch woman on “display.”
I was told that transsexuals are not permitted to operate in the Zandpad.
It is currently under discussion in Utrecht to close the Zandpad from 2 am to 8 am, as this would
reduce the problems associated with drunks and drug addicts coming to the Zandpad. It would also
have the benefit that the women working the Zandpad would work 9 hour shifts instead of their
current 12 hour shifts.
Problems in the Zandpad
Robberies: Because payments to the prostitutes are normally made in cash, the women are
frequently the victims of robbery. This takes place in two ways: A criminal poses as a client, and
once the curtains are drawn and the door locked, he proceeds to rob the woman. Another more
common procedure is for criminals to rob a woman at some point on her way home.
The amount of shattered car window glass in the Zandpad is testimony to the fact that many clients’
cars are broken into while they are with a prostitute. The criminal simply watches a car, and once he
knows the driver is with a prostitute, he knows he has at least 15 mins to rob his car. Despite the
frequency of cars being broken into, the police rarely receive a report, as few men are willing to give
a statement that they were parked in the Zandpad, for fear that their wife/girlfriend may come to
hear about it.
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Drugs: While the prostitutes operating in the Zandpad tend to be more “professional” than those
operating in the Tipplezone, many are drug users.
Condom use: Even though it is illegal in the Netherlands for a prostitute to have sex with a client if
he is not wearing a condom, many men are prepared to pay extra for this ‘service”, and so many
prostitutes are willing to take the risk for the sake of extra money. Police acknowledge that such a
law is impossible to enforce.
Trafficking of women : I was informed that the kind of scenes depicted in the movie “Taken” (which
focuses on an Albanian trafficking ring, protected by corrupt police in Paris) are also occurring in the
Netherlands. Women from poor backgrounds in Africa or Eastern Europe are lured to the
Netherlands, and then drugged and forced into prostitution. Even if police suspect that a woman is
being forced to work against her will, she is so afraid for her own safety and the safety of her
relatives that she will rarely go to the police, or admit t it when asked by police. The way the
traffickers operate is this: Having drugged a woman and then having raped her she feels ashamed
and dirty, wondering what has happened to her. The trafficker shows her a photo of her parents in
front of the family home back in (say) Bulgaria, and tells her that if she leaves, or tells the police, a
hit man will kill her parents (or some other relative). To further intimidate the women, the
traffickers have co-workers who pose as social workers or plain clothes police, and ask them
whether they are working against their will. If the woman says yes, then her “owner” will physically
beat her or threaten to kill her parents or siblings or children. After several such experiences,
women simply learn to say that they are working of their own free will, and are “enjoying” their
work. Trafficked women come to trust no one.
Trafficked women mostly cannot speak Dutch (or English) and so are very isolated socially. To
maintain their sense of social isolation, the prostitutes are often traded among the traffickers for as
much as 15,000 euros (approximately $25,500 AUD, Aug 2009). The traffickers usually house 6 to 8
women in a house, where they are under 24 hour a day guard. From there they are transported to
the prostitution houses.
While trafficking of women is a serious offence, it is very rare for a person to be convicted of
trafficking. Police estimate that some 80% of the women working on the Zandpad and other
prostitution zones are either trafficked women, or “pimped” women.
In order to try and make it more difficult for traffickers to have their victims work in legal brothels,
the city imposes a mandatory 6 - 8 week waiting period on all applications. If a woman applies for a
licence accompanied by a male, and she cannot speak Dutch, the permit is refused, as this kind of
arrangement usually indicates that the woman is the victim of trafficking. All women are required to
have a conversation with police during which the police explain what trafficking is, and that if they
come to the police they will be afforded the full protection of the law.
Pimping: Women are often befriended by a pimp, who at first seems genuine in seeking the
woman’s friendship. Pimps are often drug users and they use various tricks to get their woman
(usually also a drug user) to work as a prostitute. Pimps and traffickers as a rule carry weapons and
often tap the phones of their woman (women), and deal with any attempt to make contact with
police or family with extreme violence and threats of harm to relatives.
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Favoured status of the barge owners: As the City of Utrecht has limited the area of window
prostitution primarily to the Zandpad, there is a limited supply of “windows”, thus enabling the
barge owners to charge such high rents. This is being raised in Utrecht as an ethical issue: The city’s
policy of limiting the number of windows is allowing a very small number of people (barge owners)
to make exorbitant profits from their barges. But on the other hand, people are not keen to see the
sex industry grow any bigger, because it will only lead to more women being trafficked, as very few
Dutch women are willing to work as prostitutes.
Policing on the Zandpad:
A “normal” client on the Zandpad drives there in his own vehicle. Police get to know some “very
regular” clients and give them a business card, and invite these men to send an email or make a
phone call to the police should they ever observe anything that would suggest trafficking, pimping
or drug dealing. Most clients are married men, and some visit a prostitute 3 or 4 times a week.
As the prostitutes work long shifts, they often have a person (“courier”) they rely on to bring them
things such as a coffee, condoms, clothes, cigarettes, pizzas etc. “Couriers”, who are often older
retired men, often do it to supplement their pensions. Some work for pimps, others work for
genuinely self-employed prostitutes.
Police are hoping to install number plate recognising cameras at the entry and exit points of the
Zandpad, so as to build up a better database of who comes and goes, in the hope of being able to
crack down more effectively on pimps and traffickers..
The police, the city and the tax department have an agreement to share information to try and
reduce the impact of organised crime. Each year the police conduct several blitzes on suspicious
businesses with a view to gathering useful information, which can be very useful in other areas of
police work.
Police estimate that only 15 to 20% of the women operating on the Zandpad are actually genuinely
working for themselves. These are generally older women, who have managed to shake
themselves free of a pimp.
Various programs are available for women who wish to leave prostitution, as are programs to help
women learn how to operate more independently within the sex industry.
The Amsterdam Experience
In the City of Amsterdam window prostitution in the red light district has been a feature of that city
for many years. The mayor of the city has recently moved to “clean up” this area, by using some of
his powers to close down many of the brothels. When I visited the area in 2003 (accompanied by
wife!) we were repeatedly accosted by young men asking us if we wanted to buy “quality” dope,
crack and speed. This open drug peddling is only possible because police are failing to enforce the
law. The reason for this can be either indifference or corruption. The view of Utrecht police is that
the policing of prostitution in Amsterdam leaves a lot to be desired. Others suggest that corruption
is endemic. Given the huge rents payable to land lords for the “windows” it would be surprising if
organised crime did not seek to gain a foot hold.
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General Summary
The way the prostitution industry is governed and policed in Utrecht keeps the sex industry out of
sight for the normal citizen going about their daily tasks. It is only if one specifically goes to the
designated areas that one is confronted with it.
The Utrecht model for street prostitution (Tipplezone) has succeeded in keeping street prostitution
out of other parts of the city, and appears to have been fairly successful in preventing trafficked
women working in this part of the sex industry. However, it is dependent on very active, rigorous
and costly policing by very committed police officers who have taken a genuine interest in the sex
workers welfare.
The model adopted by the City of Utrecht for “window” prostitution is also heavily dependent on a
very active and rigorous policing policy, which is very costly in terms of manpower, and police
resources. However, it has failed to eliminate women trafficking, despite the best efforts of a very
committed police presence.
Considerations for Western Australia
For many years the West Australian police operated a “containment” policy for dealing with
prostitution, allowing brothels to operate in certain locations, even though this was contrary to the
law. (Under current laws, prostitution per se is not illegal, but to live off the earnings of prostitution
is , as it is to operate a brothel. A sole operator prostitute can currently work legally in WA).
The Prostitution Bill which passed through parliament in 2008 was not proclaimed before the last
election. The Liberal Government has said that the bill will not be proclaimed and instead it will
bring in different legislation, which, as yet, has not been framed.
After street prostitution got out of control in parts of Perth, police actively enforced the law and the
problem was largely eliminated. The general public finds street prostitution, because of its high
visibility, the most objectionable form of prostitution.
As the Utrecht model has demonstrated, if street prostitution is to be made a legitimate business,
and confined to a very limited area, then it will require a massive investment of police resources to
ensure that the law is obeyed. It is hard to justify the provision of 3 or more full time police officers
to enable some 150 street prostitutes to operate from 7pm to 2 am . It is doubtful that any other
sector of the community would consistently require or receive such an application of police
resources.
Closing Remarks:
In every jurisdiction in the world where prostitution has been legalised, it has resulted in the sex
industry becoming significantly larger. In the Western World this greater demand for female sex
workers is mostly met by the trafficking of women from poorer countries, as insufficient numbers of
local women are willing to work in the sex industry.
The Dutch experience has shown that legalising prostitution makes it more difficult to eliminate the
trafficking in women, as the traffickers now can operate in a legal industry. This has also been the
experience in NSW and Victoria, where prostitution has been legalised.
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Acknowledgements
I wish to thank Huib de Rooij, Jan Schoenmaker and Frank van der Meij, officers in the Utrecht
Police, for giving me so freely of their time and knowledge which made it possible for me to see
firsthand how the prostitution industry is regulated and policed in Utrecht.
27