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Dublin: 6 °C Friday 24 May, 2013

Former ‘Belle de Jour’ concerned about Irish sex workers legislation

Brooke Magnanti told TheJournal.ie that sex workers themselves need to get to speak to the government on the issue – not just groups representing them.

FILE-Prostitutes stand behind red-lit windows, waiting for customers in Amsterdam's Red Light district
FILE-Prostitutes stand behind red-lit windows, waiting for customers in Amsterdam's Red Light district
Image: PETER DEJONG/AP/Press Association Images

THE FORMER ESCORT, writer Brooke Magnanti – once known as Belle de Jour – has joined the calls for sex workers in Ireland to get to have their say on a review of prostitution legislation.

Magnanti, who blogged anonymously for six years about her experiences in sex work under the name Belle de Jour – which in turn inspired a TV series – told TheJournal.ie about her concerns around the current hearings on such legislation by the Joint Committee on Justice, Defence and Equality.

The criminal law in this area is being reviewed because of the changed nature of prostitution in Ireland. Currently, Irish law does not criminalise the exchange of sex for money but it does criminalise most prostitution-related activities such as pimping.

Hearings

The type of legislation considered may be based on the Swedish model, which criminalises the purchase of sex, and members of Sweden’s police force have met with Irish gardaí on the issue.

Magnanti, who has watched the committee hearings online and tweeted about them under the hashtag #sexworkhearing, told TheJournal.ie that she has become concerned that to date no sex workers have spoken to the committee, although groups representing them have.

Magnanti said that she and others have mailed the committee about this, while she has also spoken to its chair, Pat Neary.  She said she was told by Neary that sex workers will be included in future hearings which will not be open to observers or webcast, but was not told when these hearings would take place.

Magnanti said:

There was a lot of concern because I was hearing from sex workers based in Ireland who had actually first been trying to go to hearings, but also trying to get on the list of people presenting evidence. So far it has been other groups and other organisations claiming to speak for sex workers.

She hopes allowances will be made for people who want to take part anonymously due to the stigma around sex work.

People on both sides of the issue are watching very closely what is happening in Ireland. This could set the tone for what is happening with legalisation in the UK [and other countries].
These are voices that need to be heard, people like me whose experience is relatively positive, and people who have negative experiences.

“We are so used to sex workers not speaking out,” she said. “People are so used to this idea that researchers and social workers and outreach programmes are going to be the people who have our voice for us.”

While blogging and social media provide a way for sex workers to have their voices heard, Magnanti said governments could allow people to anonymously submit their thoughts on legislation using technology.

There is no reason why we can’t protect somebody’s privacy, their anonymity and still get [to hear from them]. It’s such a huge thing that’s missing. We wouldn’t make legislation for anything else without including [the people concerned].

Having made a submission to the commission, Magnanti said she would consider speaking, but explained: “I really think to get the best possible input you need to get people who are currently or former sex workers in Ireland.”

Swedish model

Magnanti’s main concern about adopting the Swedish model “is around whether or not this actually improves the life of a sex worker”. The Swedish model comes from the end-demand model, which “seems to say if we stop men buying sex then everything will be OK”.

But Magnanti questions if criminalising men does actually stop them buying sex. She said that the voices coming out of Sweden suggest that the new laws have “made it more dangerous” and are forcing some sex workers underground.

“How can you criminalise one side of the transaction and not the other?” asked Magnanti.

You then have to be tracking the sex workers. People say that it has brought down trafficking but all their biggest arrests in Sweden for trafficking have been since the law came in. It is seeing more trafficked women and there is a higher proportion of Swedish men who have had paid sex. Obviously demand hasn’t gone.
My concern is: does it make life safer? That has to guide policy through and through.

Are governments ignoring other models of legislation? Magnanti believes they may be. She said that the Swedish model, for example, is supported by the religious side of the spectrum and radical feminist groups, but it isn’t supported by others.

To ensure that all legal avenues and viewpoints are discussed during the hearings, she is appealing to the Irish committee to ensure that sex workers’ voices are heard – especially as other countries are taking note.

The main thing that surprised me when I spoke to Mr Neary was [the government] don’t seem to realise how closely people are watching. It really could set a precedent.

Read: Dáil committee to discuss Irish prostitution legislation>

Read: Change in prostitution laws sought>

Read: Shatter publishes major document on whether Ireland’s prostitution laws should change>

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Comments (38 Comments)

  • Cylon 02/02/13 #

    I would look towards Austria or New Zealand for legislative inspiration rather than to the Swedish model. People will always buy and sell sex. It should be regulated rather than criminalised.

    Reply
    • Dave 02/02/13 #

      Just because something is done and has been done for a long time does not mean that it should continue. If the state were to regulate the sex industry as you suggest, then by definition it is condoning it and setting the example that this is a perfectly normal and viable profession for young girls.

      I don’t think you’ll find any sane person that wants this for their daughter, or any person in the trade that does it purely for the love of the job. The women should not be criminalised, but the trading of sex for money should, and women (and indeed a certain number of men) should be given every opportunity to redirect their lives.

      Reply
    • “Of all the things you can do to a person, giving someone a orgasm is hardly the worst thing in the world. In the army they give you a metal for spraying napalm on people. civilian life, you go to jail for giving someone an orgasm. Maybe, I’m not supposed to understand it.” – George Carlin

      Reply
    • @ThomasFrancisMeaghar While I echo your sentiment of not seeing the appeal, it’s irrelevant to this debate. Equally, I don’t see the attraction of sleeping with men, but to say that we should leave in place anti-gay legislation as a result is just wrong.

      ——

      @Dave The government’s job is not to condone, or otherwise, any profession, but rather to protect vulnerable members of society. The women who work in the sex industry here are often trafficked and exploited. Legislating and regulating would drive a black market above ground and allow us to better protect the women.

      Also: TAX, TAX, TAX.

      Just because you disagree with it as a career choice doesn’t mean people don’t actively choose it for themselves. I’m sure there are those who enjoy the job, probably not on the Irish black market, though.

      Reply
    • Feminists want to control men because it’s an evolutionary fight for dominance.

      Reply
  • People who work in the sex industry should have a voice, they are our neighbours and fellow citizens. They re the ones who will be most affected by any decisions taken.
    The Church and its hysterical front organisations seem to be dictating legislation again despite representing a small minority of people. Another smoke screen generated by a clueless out of touch government. This country seriously needs to grow up and stop being bullied by moranic organisations like the god crew and bullsh@t paddlers.

    Reply
    • Does anybody voluntarily work in prostitution? Are most of these poor women either forced into this by criminals or addiction? I don’t know what the solution is but is it not a bit strange to be referring to them as workers same as if they were teachers or sales staff etc. The first priority should be the protection of these poor women from exploitation & secondly getting them out of this “industry”.

      Reply
    • Alot of people work in jobs they would rather not. Neither them or their customers are made criminal. I don’t see why this is any different.

      Reply
    • The difference is the amount of dignity you’re left with at the end of the day.

      Reply
    • Yeah thomas they do, its a shit job but they make a lot of money doing it.

      Reply
    • Oh come on. Junkies and homeless doing it on street. Handful any given night in ireland. But those operating by internet hundreds behind closed doors that are doing it cos they make good living from it advertising online. Western europeans girls do it completely by choice and use protection. Eastern european girls there is a small danger of them being forced. So to remove any criminal element just make it legal. Sorted.

      Sex is more easy to buy now then itever was thanks to internet.

      Reply
    • this has nothing to do with the church Joe, Many women out there who have concerns about prostitution, who couldn’t care less about the church. So why bring the church into it?
      By the way, many women are very sceptical of the way as a writer, Belle de Jour ”glamourised” prostitution She dosn’t represent the majority of prostitutes, many of whom are desperate, afraid, & exploited women.

      Reply
    • Zoe, I do not bring the church into this, they stick their noses into everything. The vast majority of these groups that are trying to criminalise this industry are religious, to be honest I get tired of the God squad saying this has nothing to do with “religion” most of them don’t even have the honesty or integrity to admit they object on religious grounds.
      If this woman Belle de Jour ”glamorised” prostitution where is the problem there? Maybe she believes that it is a great way of life not everybody share the same values. You also use the word “Many” what do you mean by that ? Do you have a number, percentage or any statistic to support this “many”?

      Reply
    • Zoe, nothing to do with religion eh! This little ditty is from Ruhama’s own website might shed some light on th ereal powers behind Ruhama, please read: ”

      Ruhama was founded as a joint initiative of the Good Shepherd Sisters and Our Lady of Charity Sisters, both of which had a long history of involvement with marginalised women, including those involved in prostitution.”

      YES folks that’s two of the same religious orders who are about to be condemned by the McAleese publication into the Magdalene Gulags or slave labour camps as most people would call them. The sheer hypocrisy of Ruhama beggars belief. They are not interested in the sex workers, they are simply pushing their religious agenda and sticking their unwanted catholic church noses into an area they see as ungodly. Have you ever asked Ruhama why they don’t rescue male prostitutes? Mmm wonder why that is? The useless Irish govt. is as usual relying on the likes of organisations like TORL and Ruhama to furnish them with ‘facts’ because they don’t have a clue what is going on themselves, never having being bothered to actually investigate it. What is needed is and independent body to study the facts and not rely on the propaganda and dubious mis-information which regularly spews out from the both these lobby groups.

      Reply
  • Whether legalised or not, more needs to be done to protect the women involved in the industry, to think that there’s women in this country being held agaist their will and forced into prostitution by crimnal gangs is really sickening, more needs to be done by the government to combat human trafficking.

    Reply
  • The consultation document which Alan Shatter published early last year listed four possible approaches so the
    committee cannot recommend to the minister any one particular approach until all of the possible options have
    been evaluated fully, then and only then can a fully informed recommendation be made.

    TORL campaigners have taken advantage of every opportunity afforded them by the Irish media to have
    their point of view put across to the public, yet Ruhama refuse to appear on the NIall Boylan radio show
    because there they would have to debate openly with sex workers and the last thing they want is for those
    in the sex industry to have their say, if that wasn’t the case they would have ensured that sex workers be
    invited before the committee, however it wasn’t until a protest by prostitutes took place outside Government
    buildings that they were invited to have there say in the proceedings.

    They wish to adopt the Swedish model here in Ireland, not because it is
    the best thing for the prostitutes, but because it is the closest fit to their own morals and ideologies, if there
    was something more radical which fitted their agenda they would have adopted that instead. Why did Ruhama, if
    they have the best interests of those in the sex industry at heart, try to keep their submission to the oireachtas
    committee a secret? What were they afraid of?

    Asking for the the truth about the Irish sex industry from NGO’s who have such close ties to the Catholic church
    with it’s well known views on human sexuality is akin to asking Hitler about the Jews.

    Reply
  • Heather 03/02/13 #

    I’m a sex worker in Ireland. I am not a drug addict. I have a normal life without social issues. I CHOOSE to do this work. It’s not glamorous, I have to lie to my friends and family, but it’s not the job that’s the problem there, it’s society’s attitude and the stigma which still surrounds sex work.
    This is my job. The one I CHOOSE. I am supporting my family. I am not doing this work because I don’t have options. I do not consider myself to be vulnerable.
    Criminalising men who pay for sex is not going to help the sector of sex workers who are vulnerable. There are already laws in place which make it a crime to pay for sex with a trafficked coerced or underage sex worker. The government need to focus on better identifying the vulnerable sex workers and leave the consenting adults alone.
    This is clearly about moral and religious beliefs.

    Reply
    • Exactly. I don’t think I could do this job, but that’s my choice. I don’t think I could be a chef or a surgeon either but there’s no law saying I couldn’t be.

      If it is a choice then that should be up to you. Making it illegal just makes your job less safe than it should be. I gotta laugh at these people who call themselves feminists and then oppose a woman’s (and a mans) right to choose their own profession (which is why I strongly suspect that they aren’t feminists at all, but are in fact the same groups who oppose abortion, contraception, divorce and anything that may lead to equality for men and women).

      The only issue with prostitution is exploitation and trafficking – things that are already crimes in their own right. This was why I said a prostitute should be able to register as a sole trader, to keep the pimps out of it. If you are selling your body no one else deserves a cut (bar the revenue!!). This would hopefully go some way to reducing exploitation and trafficking. Most clients I would imagine would prefer to go to an established and reputable service provider too.

      Reply
  • I live in Sweden, newspaper reports say all the time that the law does not work, and that very few cases reach court
    I don’t know where they get the figure that 80% of the population supports it???
    It is a law that was driven by a very fundamental feminist movement here, who are aggressively trying to export their agenda
    It affects mainly the very low end of the market, i.e. the poorer and least organized such as the street prostitutes and addicts, and for many of them, sadly, this is their only source of income, and the customers would also be from the lower end of the ladder
    It has little affect on the more sophisticated, organized,underground, higher end of the market, driven mainly through the internet, which caters for the majority of the market today
    Strangely there has not been many reports of gay men been arrested
    Since the law came in rape has escalated
    The good thing with the law is it don’t give the prostitute’s a criminal record
    This is a very sensitive moral subject that has haunted humanity since time began, and I for one would not have the qualification’s to argue for or against any ruling on this issue, I have never walked in these peoples shoes, but believe that they should have their own voice, and it be heard and it be taken seriously, instead of having a moral mob of do-gooders trying to force laws on them for their own good. The fact that it is been spearheaded in Ireland by “Ruhama” who I gather is a organization run by nuns is disturbing, would this be the same nuns who had 30000 Irish “problem girls” locked up, for their own good, some for their whole lives, and forced into slave labor, abuse both sexual and physical, and had their babies torn from their arms, (more about this on Tuesday) its ironic that they were called Magdalen Laundry, Mary Magdalen has through history been portrayed as a prostitute and “fallen woman”, but when all others fled from Jesus in his time of need, her, the Woman with a heart of gold stood by him, God(if there is one) bless all the Mary Magdalen’s of this world

    Reply
    • I’ve heard other theories that Mary Magdalen was his wife.. Mind you – there’s also a theory that one if the disciples was Jesus boyfriend (can never remember which one – the one he told his mother to take as her son and was there at the resurrection)..

      And yeah – Ruhama as I suspected and Heather confirmed for me is run by the same nuns who ran the Magdalen Laundry in High Park – Sisters of Charity I think..

      Reply
  • Having lived in New Zealand I personally think there system works well, the legalisation there was actually promoted by a former prostitute turned MP Georgina Beyer. Also prostitution is not solely a female issue there are male prostitutes both straight and gay but this is always framed as a female only issue.

    Reply
  • Then you made your excuses and left.. :)

    Reply
  • Maybe if the women were allowed register as long as they actually wanted to do this “work” of their own free will and their names kept secret, it might be safer, for them. Also the activity to take place in a secure premises where only they have the power to say yes or no to a client. It’s called the oldest profession in the world for a reason so “they are not going away you know ” I guess they do it 4 the money no other reason but if that’s why they do it they should be protected regardless. Clients should be made register a nd their identity revealed if they are violent etc. ideally prostitution should be outlawed to the last but then it goes further underground and even more dangerous .

    Reply
    • Why should they keep their names secret? I thought they’re doing nothing wrong? And your second idea is probably the silliest I’ve ever heard. What happens when they start blackmailing people?

      Reply
  • Frack

    Reply
    • Cylon 02/02/13 #

      Legalise frackin’

      Reply
    • I choose sex work as do many others. It is quite frankly absurd to criminalise tge clients and not expect it to effect those who are sex workers.

      People say it is degrading- well that is down to personal opinion. If I want to “degrade” myself for free I am allowed to surely as it is my body I should be allowed to do with it as I see fit.

      It seems certain people assume all sex workers turn to sex work out of desperation and whilst that might be the case for a few the majority of workers have made a legitimate choice. They are educated women, some having left good jobs.

      Trafficking is the problem here. It is already illegal to visitsomeone who is trafficked and rightly so. However by making it illegal to visit someone who works of their own free will the government will be lumping all sex workers under the same umberella which is not effective or fair.

      Reply
  • As long as you have Irish women, youl have prostitution.

    Reply
  • I think what needs to happen here is we take a leaf out of Finland’s book.

    Basically, police in helicopters utilise the same thermal imaging cameras as used to locate grow houses. When scanning a residential area, these cameras can easily detect copulation given the increased heat and friction.

    If the address is not registered as a cohabiting or married couple and one party is seen to vacate the building shortly after, they are quizzed by an officer on the ground if they received financial compensation for the “service”.

    If confirmed, the payer is arrested and brought to trial. This model has proven a raging success in Finland virtually eliminating this heinous vice. Ireland, take note!

    Reply
    • @lost lenore – this is a joke, yes?

      What about all the couples who aren’t living together or married? Does everyone who has sex with their partner that they don’t live with need to be questioned every time they leave to go home?

      Reply
    • No. They simply target random areas and monitor them for what looks like prostitution. If the thermal camera picks up someone entering a private home, engaging in intercourse and promptly leaving, the officers in the helicopter will make a call on it likely to be a paid-for sec scenario and will simply have an office on the ground make a polite enquiry to the party leaving if sex was given gratis or not.

      I’m told, however, that a new system has arisen to circumvent the law where punters offer sex workers goods instead of cash. One man escaped a conviction as he had compensated the escort with a Xbox 360 instead of cash.

      Reply
    • Feminists simply deny the existence of cases of rich well-off prostitutes. Getting a husband that pays spousal support for the rest of his life is a much better choice for Feminists.

      Reply
    • Do we Jeremy? Thank you for speaking on our behalf.. I guess you have no idea how that looks – you, speaking on “feminists” behalf, and making such massive accusations.

      Personally I reckon if a woman wants to sell sex then she should be able to register as a sole trader and pay her taxes to the state.
      It would mean that if a client becomes aggressive she can call the Gardaí with no questions asked – simply “this client has become violent / not paid etc”. It would be safer, and if the prostitute did anything wrong the client would have some form of redress too.
      If they were legal then there could be a register, the prostitute could have their STD test results available for viewing as a matter of course.
      There would be no front organisations. Legitimate massage therapists wouldn’t have to put up with calls from men asking if they do massages “without towels”..

      Mind you – not all prostitutes are female, so really, insinuating that it’s all a big feminist agenda is a little ignorant to the reality of the situation..

      Reply
    • ^^ I like you Shanti!

      Reply
    • Heather 03/02/13 #

      Hilarious :)

      Reply

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