Presented by; Rosie Campbell, Postgraduate Researcher, School of Applied Social Sciences, Durham University At: Rethinking Hate Crime? Bringing Theory & Practice Together, University of Bradford, 25th July Parallel Presentation 11.45-1 Document the current approach adopted in Merseyside to crimes against sex workers Build on research on sex work policy in Merseyside examining the politics of multi agency responses to sex work & how multi-agency responses to sex work Identify factors leading to the Merseyside Hate Crime approach to addressing crimes against sex workers & how this is related to the wider historical and contemporary development of multi agency /partnership work on sex work and historical, socioeconomic and political dynamics of localities Explore how this approach relates to wider national policies /frameworks and governance of sex work Explore how women involved in sex work in Liverpool have experienced this model Explore whether crimes against sex workers “fit” definitions of hate crime victimisation INTERVIEWS & FOCUS GROUPS WITH o Current & former police officers o Current & former sex workers o Support service staff o Commissioners, policy makers & other agency stakeholders WORKING CLOSELY WITH ARMISTEAD SEX WORK SUPPORT PROJECT ANALYSIS UGLY MUGS DATA & LOCAL POLICY DOCUMENTS DOCUMENTED HISTORICALLY ENDURING STIGMATISATION , OTHERING & OBJECTIFICATION OF SEX WORKERS (Pheterson, 1988 ,Roberts, 1994, O’Neill, 1997, 2001, 2007) e.g.s HIV panic stigmatisation (Scambler et al, 1990) additional rape myths (Miller and Schwarz, 1995), discourse of disposability (Lowman, 2000, Kinnell, 2006, 2008), urban blight (Hubbard, 2009, Scoular et al 2009: shapes hostility, social outcast status/social exclusion, contributes to denial of citzenship rights & lack of protection from victimisation (O’Neill and Barberet, 2000) CRIMINALISATION & POLICING: EXACERBATING SEX WORKER RISK OF VIOLENCE & ACTING AS BARRIER TO REPORTING, ACCESS TO JUSTICE & PUBLIC PROTECTION (McKeganey and Barnard, 1996, Sanders, 2004, Brookes-Gordon 2006, Sanders and Campbell, 2006, Hubbard, 1999, 2006, Kinnell, 2008, Cusick & Boynton, 2006) CREATE VULNERABILITIES INCLUDING EXPOSURE TO VIOLENCE & HARASSMENT: Research body on violence & harassment experienced by people involved in sex work : range of violence (everyday violence to murder) & perpetrators, Varying patterns across sectors & working conditions (Church et al. 2001, Kinnell, 2008, O’Doherty,2011) - concerning highest levels in street sex work (Shannon et al,2009) – marker of social exclusion (O’Neill & Campbell, 2000) LIMITED TRUST/CONFIDENCE IN POLICE & UNDER-REPORTING OF CRIMES COMMITTED AGAINST PEOPLE INVOLVED IN PROSTITUTION: EASY TARGETS/GETTING AWAY WITH IT HATE CRIME LITERATURE: DISCUSSIONS RE THE WIDENING OF HATE CRIME VICTIM GROUPS BEYOND ESTABLISHED HATE CRIME GROUPS (Chakraborti & Garland, 2009, Garland, 2010) SEX WORKERS APPEAR TO FIT VARIOUS DEFINITIONS FOR HATE CRIME VICTIMISATION: History of marginalisation/discrimination, Experience acts of violence and intimidation which “put them in their place” and reinforce the real or imagined social order (Perry, 2001) “Deliberately singled out because of their actual or perceived difference” (Garland, 2010) Perceived Vulnerability (Chakraborti , 2011) Hardship, Hatton, Heroin, HIV & the rise of harm reduction: 1980-1995 Community action, community safety, regeneration & action research: 1995-2002 Murders Paying & managed areas: 2003-2005 the Price, Public protection, proportionality & hate crime: working around and beyond the national strategy: 2006-2011 NON JUDGEMENTAL HOLISTIC HEALTH & SOCIAL CARE SUPPORT ESTABLISHED PARTNERSHP WORK WITH POLICE: VEV, VIDEO INTERVIEWING, LIAISON OFFICERS SAFETY & VIOLENCE INTIATIVES UGLY MUGS RE-ESTABLISHED & LINKED FORMALLY TO POLICE 1ST SPECIALIST INDEPENDENT SEXUAL VIOLENCE ADVISOR (ISVA) POST FOR SEX WORKERS IN UK ESTBALISHED (Oct 2006) Ipswich december 2006: 5 women murdered “From a policing perspective dealing with prostitution is a difficult balancing act…Sex workers are members of the community who are vulnerable to attack….we will not tolerate violence against sex workers in turn they should have the confidence to report crimes with the knowledge that they will be taken seriously by us…. Merseyside Police are determined to bring all perpetrators of Hate Crime to justice. .we were the first force in the country to recognize and respond to attacks against sex workers as a form of hate crime” Chief Constable Bernard Hogan Howe UGLY MUGS (3RD PARTY REPORITNG SCHEME) FORMALLY LINKED TO POLICE INTELLIGENCE & INTEL SPOC HATE CRIME POLICY CLOSE PARTNERSHIP BETWEEN SEX WORK PROJECT (ARMISTEAD) & SEX WORKER FRIENDLY SEXUAL POLICE SPECIALIST INDEPENDENT SEXUAL VIOLENCE ADVISOR ASSAULT REFERRAL CENTRE & SPECIALIST RAPE TEAM PROACTIVELY REACHING OUT TO SEX WORKERS PROACTIVELY BUILDING TRUST & CROWN PROSECUTION SERVICE ENGAGEMENT: unprecedented number CONFIDENCE TO ENCOURAGE of case bought to court REPORTING: INLCUDING MEDIA MESSAGES IDENTIFYING SEX WORKERS AS PART OF THE COMMUNITY & STRESSING CRIMES STRATEGIC ENFORCEMENT & INTELLIGENCE LEAD POLICING AGAINST THEM WILL BE TAKEN SERIOUSLY HIGH LEVEL SUPPORT & FORMAL POLICY MAYJOR INCIDENT TEAM UNITY TEAMS (SPECIALIST RAPE & SEXUAL ASSAULT UNIT) CO-LOCATED WITH CPS SIGMA HATE CRIME UNITS NEIGHBOURHOOD POLICE CID CHIEF SUPERINTENDENT: STRATEGIC FORCE LEAD POLICE LIAISON OFFICER PUBLIC PROTECTION ETHOS: PREVENTING & BRINGING TO JUSTICE SERIOUS CRIME PRIORITISED 400% increase in the proportion of people reporting to project “Ugly Mugs” giving consent to share full details with the police (from 2005 to 2009) Indicates increased trust & confidence in Merseyside Police amongst women involved in street sex work SARC & Unity Team established 2007: 98% of sex workers reporting sexual offences accessed SARC for full forensic medical examination Conviction rate for crimes against sex workers in Merseyside, reported to police making it to court from 2007 to June 2011 - 83% Conviction rate for cases involving rape and sexual offences for same period - 75% Peter Lau (2008): pleaded not guilty Assault - 18 month community order under the Insanity Act Michael Wilcox (2008): pleaded guilty wounding -4 yrs Mr O (2006): rape – not guilty verdict (in court again 2011 to face other rape charges) Mr AS (2008): pleaded not guilty found guilty - historical child abuse-17 years (not named to protect victim) Paul Kelly (2009): pleaded not guilty found guilty - assault (DV) -16 months Kinsella (2007): guilty plead - robbery and assault, 18 month community order Mr C ( 2009 ): theft by finding-Police Caution – pleaded not guilty found guilty Neil Chubb (2007): pleaded not guilty – found guilty -2 x rape - 12 yrs & IPP Michael Molyneux (2009): pleaded not guilty 2 counts rape-(2 trials)- 4 years IPP Ernest Tyler (2006): pleaded not guilty found guilty - Robbery, 5 yrs & life long Anti social behaviour order Joseph Kiara (2006): pleaded not guilty – found guilty) rape & false imprisonment - 8 yrs then deported (woman jumped from third floor window) Matthew Byrne (2010): initially charged 35 offences 6 women, pleaded guilty to offences on 4 women, indecent images, OPD IPP, 3.5 years, life on sex offender register Mr N (2010): pleaded not guilty case collapsed after 2nd trial client too ill to proceed with 3rd trial Carl Davis (2010): pleaded not guilty found guilty - several counts of rape on 3 women (1 woman of women a sex worker) IPP 10.5 years David Roach (2010): pleaded not guilty found guilty on two counts rape on 2 women -7.5 years Kieran Thomas (2010): pleaded not guilty found guilty - assault and robbery – 2 years Lyndon Jermaine Lewis (2011): pleaded not guilty found guilty of; intent to commit a sexual offence), kidnapping, held against will against sw + hreats to kill, abduction, held against will on 2 other non sex working women same night Lee Kelly (2011): guilty on 15 charges (5 rapes, 3 assault by penetration, robbery, false imprisonment, threats to kill, section 18 wounding, section 47 assault) 15 yrs & IPP. Against two woman (one was sex working at the time & one recently exited). Extreme violence used. Kenneth Dixon (2011): pleaded guilty to attempted rape, sexual assault by penetration, possession offensive weapon & false imprisonment of a sex worker -4 years YOI, 2 yr extended monitoring, Sex Offender registration for life. Brian O’Rourke (2006,2011): pleaded guilty to rape & false imprisonment & committing an offence with intent to commit a sexual offence – two women 1 a cold case - 10 years Amrullah Hafizi (2011): pleaded not guilty to Rape – found guilty – 6 years & recommended for deportation – Crimewatch most wanted14th July Mr K (2010): pleaded guilty to possession of an offensive weapon-£85 fine (found in car with sex worker with a hunting knife) Mr C (2010): pleaded not rape to two counts of rape found not guilty Mr T (2010): pleaded not guilty to two counts of rape found not guilty A DEPRAVED man subjected a woman to sickening sexual torture while holding her captive for nine hours. LEE KELLEY, 23, tied up, brutally attacked and repeatedly raped his 46-year-old victim over many hours at his home. Liverpool crown court heard when the woman eventually managed to escape, she was found by police in city centre Hope Street soaking wet, badly beaten, covered in blood and halfnaked. She led police to Kelley’s Rice Street flat. In the wake of his arrest, DNA evidence proved he had also raped, attacked and robbed a sex worker before leaving her for dead just a week earlier, on September 6 last year. Judge David Harris QC yesterday said he had “no doubt” Kelley was a dangerous offender and jailed him indefinitely. He said: “It can only be described as a ferocious and sustained campaign of sexual depravity and appalling physical violence towards her, involving much humiliation and degradation of her. You put her in genuine terror for her life. “She perceived your vicious and depraved conduct while you kept her prisoner over about nine hours as tantamount to a prolonged course of torture.” David McLachlan, prosecuting, said when the woman was taken to the Royal Liverpool Hospital she had so many injuries it took the doctor more than four hours and eight body charts to record them. She was eventually sectioned for her own protection. IMPACT OF MURDERS POLICE CHAMPIONS IN SENIOR POSITIONS CHANGES IN POLICING RAPE & SEXUAL ASSAULT: UNITY TEAM & SAFE PLACE (SARC) ESTABLISHED 2007 WIDER POST MCPHERSON CHANGES IN POLICING DIVERSITY: FOCUS ON HATE CRIME & ESTABLISHMENT OF SIGMA HATE CRIME UNITS ADVOCACY OF SEX WORK PROJECT: PARTNERSHIP & INDEPENDENT SEXUAL VIOLENCE ADVISOR ROLE Hate crime: “any hate incident that constitutes a criminal offence, perceived by the victim or any other person, as being motivated by prejudice or hate”…the prejudice or hate perceived can be based on any identifying factor, including, but not exclusively, the following 5 strands of equality; disability, race, religion/belief, sexual orientation or transgender” (pg 2) “For sex workers particularly it’s the element of trust…, it’s part of society , sex work is not going away, the more trust you can have the better. They are vulnerable to attack, the better position we are in to give the support needed the better. Out of all the vulnerable groups subject to hate crime they are properly the most likely to be victims …so treating as hate crime and linking it into a focused team who can build up relationships with Armistead is the way forward…pushing it through as hate crime you have to have the support and realisation of all, or there is no point having a policy in place. ... It had built up over time and there were a lot of people involved….I have to be honest and say if we put something in place we have usually learned from mistakes or a realisation we could have done an awful lot better..we think of cases in the past where sex worker rapes have collapsed… What shows crystal clear is we are achieving the convictions after long court cases, which to be honest would not have happened 10 years ago….. .....if a sex worker is attacked by a group of vigilantes because they don’t like prostitution in their area that is a hate crime, if she get’s things put through her door that is hate incident maybe a hate crime” (Detective Chief Superintendent, Force Crime Operations, 30 years service, set up Public Protection) “WE HAD A CASE WHERE WE COULDN’T HAVE GOT IT TO COURT WITHOUT UGLY MUGS AND THE PROJECT. THEN THERE WAS A FURTHER MURDER OF A SEX WORKER & IT WAS A CASE OF WHAT ARE WE ACTUALLY PHYSICALLY DOING ABOUT THIS? IT’S ALL WELL AND GOOD THAT WHEN IT HAPPENS THEY ARE DEALT WITH BY MIT BUT WHAT ARE WE DOING TO PREVENT IT? THE TIMING OF IT KICKED IN WITH IPSWICH 2006 AND THIS DOCUMENT IN WHICH CHIEF CONSTABLE SAID WE SHOULD TREAT CRIMES AGAINST SEX WORKERS AS HATE CRIME AND THE NEW HATE CRIME UNITS WERE BEING SET UP…I came into setting up the unit in North Liverpool I was aware it was to be treated as hate crime, that there was this relationship with Armistead, I thought ok we had 5 strands of diversity..that would come under hate crime and sex work I was aware of the bigger picture and I took that on ….sex workers became the 6th strand in North Liverpool we had that issue, OUR APPROACH WAS DON’T BE NARROW MINDED LOOK AT OTHER ISSUES IN OTHER PARTS OF COUNTRY FOR EXAMPLE THERE HAD BEEN ISSUES AROUND GOTHS AS AN IDENTIFIABLE GROUP…IT IS PREJUDICE AGAINST AN IDENTIFIABLE GROUP THAT IS THE BASIS OF HATE CRIME SOMEONE HAS BEEN TARGETED BECAUSE OF WHO THEY ARE, AND YOU ARE BEING TARGETED BECAUSE OF THAT BECAUSE YOU ARE VULNERABLE. ...BUT I BELIEVE IT FITS THE CRITERIA FOR THE REASONS THAT SEX WORKERS ARE EXTREMELY VULNERABLE AND AN IDENTIFIABLE GROUP AND SOME PEOPLE WILL TARGET SEX WORKERS, ESPECIALLY STREET SEX WORKERS BECAUSE OF THEIR VULNERABILITY BECAUSE OF WHO THEY ARE AND WHAT THEY ARE DOING, SO FOR ME THEY FIT THE CRITERIA AND THAT WAS SUPPORTED BY THE CHIEF CONSTABLE SO IT WAS A CASE OF THAT IS WHAT WE DO. IT WAS THE ROLE I AM MOST PROUD OF... TIMING IS EVERYTHING AND THERE WAS ALSO A HUGE DRIVE AROUND SEXUAL OFFENCES” (SERGEANT, CID FORMERLY RESPONSIBLE FOR HATE CRIME UNIT, NORTH LIVERPOOL, 14 YEARS SERVICE) Int: Do you think crimes against sex worker should be treated as hate crime? “I think they should because they are a minority group, with individual needs as with the gay community and ethnic minorities, so yes I do think they should be.....” (Police Neighbourhood Inspector, responsible for policing main street sex work area, 20 years service) YES DEFINITELY HATE CRIME IS APPROPRIATE FOR THIS GROUP. THE IPSWICH MURDERS REALLY HIT HOME AND THE PEOPLE WE LOST HERE” (DETECTIVE CONSTABLE, MAJOR INCIDENT TEAM) HATE CRIME FOR US DEALS WITH 5 STRANDS, IT’S FOR SOMEONE IDENTIFIED AS BELONGING TO A PARTICULAR GROUP, THE SAME APPLIES TO SEX WORKERS. GIVEN THEIR VULNERABILITIES THEY NEED AN ENHANCED SERVICE, THEY NEEDED IT ESPECIALLY THE WAY THEY WERE TREATED UP TO 2006. AFTER STEPHEN LAWRENCE THERE WAS A SEA CHANGE IN POLICING MINORITY GROUPS AS VICTIMS, THERE WAS A FAILURE IN THE MET AND LESSONS HAVE BEEN LEARNT FROM THAT AND THE MURDER OF ANTONY WALKER IN LIVERPOOL. THIS IS PART OF THAT WE HAVE TO GAIN THE CONFIDENCE OF VICTIMS AND THEIR FAMILIES..UNDER ARTICLE 2 OF THE EUROPEAN CONVENTION WE HAVE TO PROTECT THE LIVES OF ALL. IN MERSEYSIDE WE APPROACH INVESTIGATION OF CRIMES AGAINST SEX WORKERS AS HATE CRIME AND FROM THE VIEW POINT THAT SAFETY OF SEX WORKERS MUST BE PRIORITISED ABOVE ALL ELSE “ (DETECTIVE SUPERINTENDENT, PUBLIC PROTECTION) Int: Have you heard of hate crimes? crime? SU 5: You mean like homophobic crime and race? Int: Yeah. Merseyside police have said they want to take crimes against sex workers seriously, they want officers to treat them as if they were hate crime. What do you think of that? SU 5: IT’S AMAZING! Int: Right so does it makes sense to you? SU 5: YEAH IT’S POWERFUL. IT’S POWERFUL. IT SHOWS THE POLICE ARE NOW TAKING A MORE HANDS ON OPPORTUNITY. THEY CAN’T PRETEND ANYMORE THAT THESE CRIMES DON’T EXIST, END OF STORY, THEY DO EXIST! Int: So recognition? SU 5: YEAH. WHY CAN’T YOU BE COMFORTABLE WITH WHOEVER YOU ARE WITHOUT BEING HURT, YOU KNOW WHAT I MEAN? IT’S ABOUT TIME, IT’S ABOUT TIME THAT’S ALL I’VE GOT TO SAY. Int: So would you say it’s a good thing they treat them as hate crime? Is it something you support? SU 5: Yes I do, all the way, all the way. Int: Why do you think sex workers get targeted? SU 5 The street girls because of their alcoholism and addiction they are classed as the what’s the word? The dregs of society. There’s myths about us on diseases, because of our addictions and stuff like that. You know we’re thought of as half a human being, that’s why they treat us like that. And they think they can get away with treating the sex workers like that. (SU5, AGE 30, FEMALE, BISEXUAL, DUAL HERITAGE BRITISH/NIGERIAN. 6 YEARS STREET SEX WORK 2004-2010, PRIMARY CRACK ADDICTION, IN REHAB) “As a sex worker yeah you get abuse off the public, young kids in cars throwing coke at us, you know, eggs and stuff at us. Calling us names, you must have seen it on the block, some of the kids in cars?..Yeah I’ve had it a lot… Int: Do you think they were targeting you because you’re black or a sex worker? “Sex worker and they call me nigga, black whore, everything and being a sex worker, both” Why do you think men like him target sex workers? SU 4: Because we’re easy targets working girls, he’s properly thinking of the stigma from the early eighties nineties. You know it might have been up to 2000 the way the police tret the girls and they didn’t report half the rapes that went on. He is properly thinking it’s still like that. Not thinking there’s been a big turn around since the early days to now where the girls can go to the police, report it and get something done about it. He properly hasn’t heard about ugly mugs, well he has now (laughter), but he might not have done then. If he had he wouldn’t have dreamt of doing it would he” The police have got this policy where they’ll treat crimes against sex workers, initially as hate crime, like they do for the black and gay communities. Had you heard about that? SU 4 No I haven’t. But you know I know some people hate prostitutes, you know a lot of people think we carry diseases like, syphilis, AIDS, hepatitis and all that and there are a lot of young lads that go round beating up the girls for fun…”.. (48, straight, single, White British, street sex worked Liverpool over a 27 period to support her heroin addiction. Started 1984-1994, exited for 12 years, started working again 2006-Jan 2011) Have you been a victim of hate crime do you think? …..”Yeah I’ve been nearly run down ..over the years I’ve been called prostitute, junkie, whilst I was working you get gangs of fellas and girls in the cars shouting “Agh dirty prostitute”. There was one time, and I never reported it to the police, back in the 80’s., there was this fella and he had a white van I went in for business, he was a dealer and he forced my head down on him, punched me in the face, and then threw me out of the van saying like “dirty whore” and tried to run me over. I crawled up an embankment and it was two steep for him.. …So no I’ve not heard about it being a hate crime but I can identify with that, You know stigma you get all that, it’s not with the outreach teams and the police no more but the public in general. We’re vulnerable women ...people need to recognise that we are human beings and we are nice underneath” So this hate crime thing does it make sense to you? SU 4 “ Well if it’s working yeah. Yeah it does fit for me..they’ve gone about it the right way. Well it’s working because certainly for me with this rape case and the period I was waiting for it to come to trial you know speaking to them they were brilliant. They have done a good thing there. They are treating people with respect”. They were bastards, bastards…They didn’t like us, they hated dealing with us, like they could catch something off us…it was obvious... they’d cover with your coat between the finger and their thumbs and guide you to the van. It was during the time when AIDS was first publicised and they must have thought because we were junkies and prostitutes that we all had AIDS and you could catch it. .. you could see the hatred on them, you know scowling, a look of distaste. The police were very intolerant to you at that time, you know they’d see you they nick ya, because it was a residential area they, just wouldn’t tolerate it. So we’d be pushed from pillar to post you know go and stand there but where ever we stood we got nicked...they did them purges...” …… when I went back out again I just done Crown Street area, never got nicked once. Every time I saw the police I was hiding in the bushes and one of the girls was just standing there and I said “What are you doing you’ll get nicked” . She said no they don’t nick you now, they warn you first and if your still here in half an hour, they even given us a half hour window so we could get a client and go home. .. The police weren’t on our case all the time, were standing on Crown street it is not a residential area, the police were happy, the girls were happy and the clients were happy. They stop and have a chat and see how you were and you could have a laugh with them then. You could talk to them…with the rape case it was so different than before, they were so nice to me no matter what was going on, even if I had the littlest questions I could phone them two (specialist rape officers)......I’ve got both their mobile numbers and since I was threatened they’ve put the landline to here on fast track so if we phone they head straight here. ..the police have been brilliant!” SEX WORKERS EXPERIENCES OF VIOLENCE & HARRASSMENT SHOW THAT THEY ARE VICTIMS OF HATE CRIME & FIT A RANGE OF DEFINITIONAL CRITERIAL FOR HATE CRIME APPEARS TO HAVE BEEN A SHIFT IN POLICE ATTITUDES & POLICY TOWARDS CRIMES AGAINST SEX WORKERS IN LIVERPOOL APPETITE TO MOVE AWAY FROM ONGOING PROHIBITION & BLANKET CRIMINALISATION TO ACTIVE “MANAGEMENT” OF SEX WORK BALANCING THE NEEDS OF ALL STAKEHOLDERS AND WITHIN THAT TAKING SEX WORKER SAFETY SERIOUSLY PRIORITIZING SEX WORKER SAFETY & EMPHASIS ON PUBLIC PROTECTION HAS PRESENTED AN ALTERNATIVE TO DOMINANT APPROACHES FOCUSED ON ERADICATION OF STREET SEX WORK ,“TACKLING DEMAND”, & DISRUPTING OFF STREET SEX MARKETS Hate Crime Approach to Crimes Against Sex Workers: locates and prioritises sex worker safety in the public protection arena & recognises the rights of sex workers as citizens to safety and access to justice. This cancompliment a rights based approach to inclusion, citizenship & holistic social justice (O’Neill, 2007) Hate crime approach: is an important symbolic banner for a number of policing initiatives & multi agency approaches which have distinguished Merseyside’s approach to policing sex work & specifically crimes against sex workers. Pragmatic approach focused on actual violence and harassment can contribute to more effectively addressing violence against sex workers Still a way to go: in further building trust & relationship between police and sex workers in all sectors, embedding the approach across the force & in hate crime practices Hate crime approach in Merseyside is being recognized as having positive outcomes & influencing national policy (ACPO Lead on Prostitution advocated this Feb 2011, forthcoming Home Office (2011) “Effective Practice in Responding to Prostitution) Key ongoing challenge is navigating the tensions created by a framework of criminalisation particularly regarding the role of police as enforcers of sex work laws & agency offering public protection to all citizens