Crimes against women who sell sex
Women involved in selling or exchanging sex can have a dual and often contradictory engagement with the criminal justice system. On the one hand, in some circumstances women can face criminalisation for prostitution-related and other offenses; while on the other, women have reported high levels of violence when selling sex.
This multifaceted experience can deeply impact women’s decision to come forward –or not– about the violence in their lives. Negative experiences of the justice system can diminish women’s trust in the system and consequently impact on their ability to access justice. Services need to be aware of the support and advocacy women may need when engaging with the criminal justice system.
In this article we explore the experiences of women involved in selling or exchanging sex when they have victims of a crime.
Violence against women selling sex - underreported and under-recorded
As we explored in our Safety insights, women who sell or exchange sex face a high risk of violence, often perpetrated by punters, but also by controllers, traffickers, partners and members of the public. In Scotland the 2022 Encompass Snapshot showed that 78% of women supported by specialist services in Scotland disclosed experiences of violence and abuse related to their involvement, including rape and violent assaults.
Although violence can be a constant in women’s involvement, few of these incidents get reported to the police, and in turn this violence can go unrecorded. A report in Ireland found that between 2018-2019, only 10 out of 1,512 violent crimes against women selling sex were reported to the police. There are many layers to women’s decision not to report, but some of the main barriers for women who sell or exchange sex include the stigma attached to their involvement, fear of not being believed or seen as ‘not credible,’ lack of confidence in the justice system and the fear of being criminalised or of facing negative consequences when coming forward.
Victim-blaming and the normalisation of violence against women selling sex
A common perception is that selling or exchanging sex comes with an inherent risk of violence that women must accept. This can lead to victim-blaming attitudes that some women face when seeking support. It can also contribute to women’s normalisation and acceptance of violence as a way to cope with their involvement.
In separate reports, the Scottish Government and STAGE – a consortium of organisations working to end sexual exploitation – found that some women’s reluctance to report violence was due to the stigma and feelings of being ‘unworthy’ of getting justice. Other women felt the violence was ‘part of the job’ and that nothing could be done about it.
Women have highlighted that some agencies and services blame the violence on their “life decisions” and may not take their reports and concerns seriously. For example, Riley, a woman interviewed for a report in England, described how the police framed the violence she had experience as a consequence of her decision to be involved in selling sex:
This multifaceted experience can deeply impact women’s decision to come forward –or not– about the violence in their lives. Negative experiences of the justice system can diminish women’s trust in the system and consequently impact on their ability to access justice. Services need to be aware of the support and advocacy women may need when engaging with the criminal justice system.
In this article we explore the experiences of women involved in selling or exchanging sex when they have victims of a crime.
Violence against women selling sex - underreported and under-recorded
As we explored in our Safety insights, women who sell or exchange sex face a high risk of violence, often perpetrated by punters, but also by controllers, traffickers, partners and members of the public. In Scotland the 2022 Encompass Snapshot showed that 78% of women supported by specialist services in Scotland disclosed experiences of violence and abuse related to their involvement, including rape and violent assaults.
Although violence can be a constant in women’s involvement, few of these incidents get reported to the police, and in turn this violence can go unrecorded. A report in Ireland found that between 2018-2019, only 10 out of 1,512 violent crimes against women selling sex were reported to the police. There are many layers to women’s decision not to report, but some of the main barriers for women who sell or exchange sex include the stigma attached to their involvement, fear of not being believed or seen as ‘not credible,’ lack of confidence in the justice system and the fear of being criminalised or of facing negative consequences when coming forward.
Victim-blaming and the normalisation of violence against women selling sex
A common perception is that selling or exchanging sex comes with an inherent risk of violence that women must accept. This can lead to victim-blaming attitudes that some women face when seeking support. It can also contribute to women’s normalisation and acceptance of violence as a way to cope with their involvement.
In separate reports, the Scottish Government and STAGE – a consortium of organisations working to end sexual exploitation – found that some women’s reluctance to report violence was due to the stigma and feelings of being ‘unworthy’ of getting justice. Other women felt the violence was ‘part of the job’ and that nothing could be done about it.
Women have highlighted that some agencies and services blame the violence on their “life decisions” and may not take their reports and concerns seriously. For example, Riley, a woman interviewed for a report in England, described how the police framed the violence she had experience as a consequence of her decision to be involved in selling sex:
“Why did he attack you? What form of sex did you have? Why were you having sex? They said basically you are a prostitute and that’s as far as it goes.”
Criminals rather than victims
Women who sell or exchange sex can face criminalisation in multiple ways. On the one hand, aspects of selling sex are still criminalised in Scotland, and on the other women’s involvement can be linked to other criminal activities such as shoplifting, drug dealing, fraud, etc. As a result, women and support services have talked of situations where women report a crime committed against them, only to find that the focus becomes the criminality of the activities women are involved in rather than their experience as victims of a crime.
Grace, who was also interviewed for the English research, explained her reluctance to report violence from punters because of how women can easily be framed as the criminals:
Women who sell or exchange sex can face criminalisation in multiple ways. On the one hand, aspects of selling sex are still criminalised in Scotland, and on the other women’s involvement can be linked to other criminal activities such as shoplifting, drug dealing, fraud, etc. As a result, women and support services have talked of situations where women report a crime committed against them, only to find that the focus becomes the criminality of the activities women are involved in rather than their experience as victims of a crime.
Grace, who was also interviewed for the English research, explained her reluctance to report violence from punters because of how women can easily be framed as the criminals:
“The punters can turn it around on you and say I’ve tried to rob them. If you’ve got a middle-aged business man and a prostitute, who are they going to believe? A prostitute on drugs?”
In addition to being criminalised, women may choose not to report due to fear of a negative reaction from other services who may then become involved in the case, such as social work. Research on the underreporting of crimes against women who sell sex identified that 42% of the women interviewed chose not to engage with the criminal justice system for fear of losing their children. One woman said:
“I would worry about being flagged to social services that I worked [as a sex worker] and impacting on kids.”
For migrant women, the risk of criminalisation is further exacerbated by the threat of deportation. Under the current ‘hostile environment’ policy in the UK, organisations have described how fear of detention and deportation can erode women’s trust in the police and other supports. And this in turn can make women vulnerable to organised crime groups and perpetrators who may use those fears to further exploit women.
Perpetrators using the justice system against women
Women’s organisations have highlighted how perpetrators can use the criminal justice system to continue the violence and get away without any consequences. They may threaten women by telling them they won’t be believed or that they will be criminalised if they speak to the police.
In Inside Outside, Wendy described how the taxi driver who violently assaulted her immediately discouraged her from reporting:
Perpetrators using the justice system against women
Women’s organisations have highlighted how perpetrators can use the criminal justice system to continue the violence and get away without any consequences. They may threaten women by telling them they won’t be believed or that they will be criminalised if they speak to the police.
In Inside Outside, Wendy described how the taxi driver who violently assaulted her immediately discouraged her from reporting:
“He raped me both vaginally and anally. No condom, nothin’. He just said ‘well, what's the point in going to the fucking Police?’"
Other women have said fear of retribution from a perpetrator can stop them from speaking to the police, especially when he is connected to organised crime or knows the woman’s location. Megan, who was interviewed for the research in England, shared the following experience:
“I didn’t report my assault for months for many reasons, but partly because I wanted to eliminate the possibility that the perpetrator (who has been to my home) would be able to find me, as I live alone and work from home alone.”
Impact of encounters with the police
Women have had varied experiences with the police –some positive and some negative with recognition that the quality and helpfulness of these encounters can deeply impact women’s overall trust in the justice system and their ability to access justice more generally.
Examples of negative experiences with the police include being criminalised, getting poor or no responses, lack of understanding of women’s circumstances as well as violence from police officers. All of these can compound the stigma against women involved and put them in situations where they must find alternative ways to protect themselves from the danger and violence.
Joanne summed up how the lack of responsiveness from the police can fuel punters’ violence against women involved:
Women have had varied experiences with the police –some positive and some negative with recognition that the quality and helpfulness of these encounters can deeply impact women’s overall trust in the justice system and their ability to access justice more generally.
Examples of negative experiences with the police include being criminalised, getting poor or no responses, lack of understanding of women’s circumstances as well as violence from police officers. All of these can compound the stigma against women involved and put them in situations where they must find alternative ways to protect themselves from the danger and violence.
Joanne summed up how the lack of responsiveness from the police can fuel punters’ violence against women involved:
“The way prostitution is in society, men know that the women are not going to go to the police, so they can turn very violent very easily on you.”
For other women, police themselves have been the perpetrators of violence, through threats of arrest, discrimination, and physical and sexual violence. Wendy told of a situation where police officers stopped her and another friend involved in selling sex and then raped them:
“We didn't get lifted and charged, we got took up to Glasgow Green. We were basically told that if we didn't perform oral sex on both, both police men and each other - we would be arrested and get done for all sorts of charges. A man was robbed by a prostitute and they were going to put it on us.”
Poor responses from the police and lack of trust in the justice system can mean women find their own strategies to keep safe. They use many complex screening tools, which can include client screening apps such as Client Eye and Ugly Mugs. Women also sell sex in locations with other women despite the risk of being criminalised for brothel-keeping, as well as carrying objects which can be used as weapons for self-defence. However, some of these strategies can result in police action against the women.
Despite negative experiences and well-founded worries about engaging with the police, women have also spoken of positive encounters and how significant these can be in building trust and helping them feel safer whilst involved.
Natasha, a migrant woman interviewed for Inside Outside, recounted how she used to be fearful of ever going to the police because her pimp had told her she would be arrested. Later on, when she was assaulted by a man in a club, Natasha decided to speak to the police and was surprised by the response:
Despite negative experiences and well-founded worries about engaging with the police, women have also spoken of positive encounters and how significant these can be in building trust and helping them feel safer whilst involved.
Natasha, a migrant woman interviewed for Inside Outside, recounted how she used to be fearful of ever going to the police because her pimp had told her she would be arrested. Later on, when she was assaulted by a man in a club, Natasha decided to speak to the police and was surprised by the response:
“I went and I spoke with the police lady. They were nice, yeah, really nice… and said, ‘Don't be afraid. If you really are an escort it's okay but just tell us so we can know. If there is someone behind you who takes your money or something.’ And I told them, ‘No, there is nobody anymore.’ I was shocked when I saw how really involved they were, they tried to help me … so from that time I felt like, really safe with them [the police].”
These stories show how positive and consistent responses from the police are essential to ensure women feel able to come forward and also to feel safe and confident to report violence or dangerous situations. In the words of Joanne, a woman involved in selling sex in Scotland:
“The police here have a big role to play for women in prostitution. Sometimes they could be the only people you've spoke to except for punters that whole day. They need to treat the person as a human being, to see them as a victim, and not as just committing a crime. I don't think they should go in with such a hard approach, I think it has to be a more gentle approach, a more human approach... I think the girl would be a lot more relaxed, be able to approach the police a lot more, have more faith in the police, trust.”
Impact of justice responses to violence against women
The low conviction rate of perpetrators of violence against women can add to women’s fears about how the system will respond to them. They may worry about their involvement in selling sex being used against them in court and whether they will be believed. Wendy, in Inside Outside, expressed these concerns:
The low conviction rate of perpetrators of violence against women can add to women’s fears about how the system will respond to them. They may worry about their involvement in selling sex being used against them in court and whether they will be believed. Wendy, in Inside Outside, expressed these concerns:
“Very few prostitution rapes go to court. I don't actually know the statistics but I imagine very little if any actually get a conviction. What is the point of going to the Police?”
At the same time, women involved very often hear of cases where perpetrators got away with the violence, but less so of cases where women selling or exchanging sex have gotten justice. For example, in 2019 a man was found guilty of raping a woman involved in selling sex. Frontline workers have highlighted the importance of sharing these examples so women know that justice can and should be achievable.
Awareness of the cases of women who have gotten justice is not enough on its own – there must also be innovative strategies and changes within the justice system to ensure justice becomes more accessible to women involved. A good example is the Merseyside Model, introduced in Liverpool, which led to treating violence against women selling sex as a ‘hate crime.’
This change saw a 67% conviction rate for rape (compared to the national average of 6.5%). Above all it created better relationships between the police and women selling sex by linking with projects working with this population and using Independent Sexual Violence Advisor (ISVA) as intermediaries when women were victims of a crime. This model shows how innovation at the heart of the justice system is possible, and that it is not the women who need to adapt to the system – the system can be adapted and adjusted to better serve women.
Read our the second part of our criminal justice insights here, where we talk about the impact of women's criminalisation. And check our practice points to find practical steps you can take to respond to women’s needs when engaging with the criminal justice system.
Awareness of the cases of women who have gotten justice is not enough on its own – there must also be innovative strategies and changes within the justice system to ensure justice becomes more accessible to women involved. A good example is the Merseyside Model, introduced in Liverpool, which led to treating violence against women selling sex as a ‘hate crime.’
This change saw a 67% conviction rate for rape (compared to the national average of 6.5%). Above all it created better relationships between the police and women selling sex by linking with projects working with this population and using Independent Sexual Violence Advisor (ISVA) as intermediaries when women were victims of a crime. This model shows how innovation at the heart of the justice system is possible, and that it is not the women who need to adapt to the system – the system can be adapted and adjusted to better serve women.
Read our the second part of our criminal justice insights here, where we talk about the impact of women's criminalisation. And check our practice points to find practical steps you can take to respond to women’s needs when engaging with the criminal justice system.