Women, criminalisation and the cycle of vulnerability
Women involved in selling or exchanging sex can have a dual and often contradictory engagement with the criminal justice system. In part 1 of our insights, we looked at the experiences of women when they have been victims of a crime.
In this second part of our insights, we explore how women involved can be criminalised in multiple ways – they may be criminalised for selling sex, but also for activities that are linked to their involvement and other crimes that they may commit for survival or avoid having to sell sex.
The consequences of this criminalisation can be far reaching. As we explore here, some women can find themselves trapped in the criminal justice system and consequently unable to find alternatives to selling or exchanging sex.
Criminalisation for prostitution-related offenses
While in Scotland selling sex is legal in most cases, there are some aspects which are not – including soliciting or loitering for prostitution in a public place. Historically, this approach has been hugely harmful, as it increased women’s vulnerability, eroded their trust in the justice system and posed a barrier to seeking support. It has also contributed to the stigma that perceives women involved in sell sex as a threat to the community.
In 2012, the COPFS introduced guidance on the enforcement of soliciting and loitering offenses. This guidance recommends that the law enforcement focuses on sex buyers rather than on women selling sex, it asks police to be attentive to signs of human trafficking and ensure any actions do not increase risk for vulnerable people.
In parallel, in recent years Scotland has also seen a decrease in the number of people charged for prostitution-related offenses (this is a broad term and covers things such as soliciting or loitering to sell sex in public places or brothel-keeping). According to recent stats, in the last ten years there has been a 87% decline in prostitution-related prosecutions, with 62 total crimes recorded in 2022-2023. Nevertheless, these statistics only paint a limited picture of the reality for women, as they don’t tell us how many of those charges have been against women who sell sex or what the context of the offenses were.
Beyond the numbers, it is important to consider the impact of being criminalised for selling sex. In England, a report by NIA looked at the consequences of having prostitution-related criminal convictions. Women described how, in order to pay fines for soliciting or loitering, they had to sell sex, money which women said was originally intended to cover their basic needs. A Police Inspector interviewed for this research highlighted how, paradoxically, fines can actually force women to continue selling sex:
In this second part of our insights, we explore how women involved can be criminalised in multiple ways – they may be criminalised for selling sex, but also for activities that are linked to their involvement and other crimes that they may commit for survival or avoid having to sell sex.
The consequences of this criminalisation can be far reaching. As we explore here, some women can find themselves trapped in the criminal justice system and consequently unable to find alternatives to selling or exchanging sex.
Criminalisation for prostitution-related offenses
While in Scotland selling sex is legal in most cases, there are some aspects which are not – including soliciting or loitering for prostitution in a public place. Historically, this approach has been hugely harmful, as it increased women’s vulnerability, eroded their trust in the justice system and posed a barrier to seeking support. It has also contributed to the stigma that perceives women involved in sell sex as a threat to the community.
In 2012, the COPFS introduced guidance on the enforcement of soliciting and loitering offenses. This guidance recommends that the law enforcement focuses on sex buyers rather than on women selling sex, it asks police to be attentive to signs of human trafficking and ensure any actions do not increase risk for vulnerable people.
In parallel, in recent years Scotland has also seen a decrease in the number of people charged for prostitution-related offenses (this is a broad term and covers things such as soliciting or loitering to sell sex in public places or brothel-keeping). According to recent stats, in the last ten years there has been a 87% decline in prostitution-related prosecutions, with 62 total crimes recorded in 2022-2023. Nevertheless, these statistics only paint a limited picture of the reality for women, as they don’t tell us how many of those charges have been against women who sell sex or what the context of the offenses were.
Beyond the numbers, it is important to consider the impact of being criminalised for selling sex. In England, a report by NIA looked at the consequences of having prostitution-related criminal convictions. Women described how, in order to pay fines for soliciting or loitering, they had to sell sex, money which women said was originally intended to cover their basic needs. A Police Inspector interviewed for this research highlighted how, paradoxically, fines can actually force women to continue selling sex:
“Obviously, the power of arrest for loitering, in my opinion, is fairly pointless, because [women] go to court and they get a fine… And they are not going to go out and get a job to pay it, the quickest way to pay their fines is to go back to… you are almost forcing their hand.”
The same report noted how other consequences can include women spending time in prison and carrying criminal records, both of which we explore below.
Criminalisation for other interlinked crimes
While in Scotland the number of women who are criminalised specifically for prostitution may be low, women can experience criminalisation in other ways. Involvement in selling sex can come with involvement in other criminal activities, such as drug dealing, drug possession, and theft. In a study looking at exiting from prostitution, 86% of the 56 women interviewed who had a prostitution-related criminal record also had a record for other offenses.
Women may engage in these activities for survival or they may feel they have no other option because they need additional money to sustain a drug habit or because a pimp or controller forces them to engage in those activities.
On the other hand, some women have described selling sex was their way to avoid having to engage in offending. A woman interviewed by NIA explained how she started selling sex to avoid getting arrested for shoplifting:
Criminalisation for other interlinked crimes
While in Scotland the number of women who are criminalised specifically for prostitution may be low, women can experience criminalisation in other ways. Involvement in selling sex can come with involvement in other criminal activities, such as drug dealing, drug possession, and theft. In a study looking at exiting from prostitution, 86% of the 56 women interviewed who had a prostitution-related criminal record also had a record for other offenses.
Women may engage in these activities for survival or they may feel they have no other option because they need additional money to sustain a drug habit or because a pimp or controller forces them to engage in those activities.
On the other hand, some women have described selling sex was their way to avoid having to engage in offending. A woman interviewed by NIA explained how she started selling sex to avoid getting arrested for shoplifting:
“I was getting arrested all the time for shoplifting and so, they [friends] said: oh, why don’t I come with them and… so basically I went along and seen how easy it was [to sell sex] and how quick it was to earn a bit of money and… I was known everywhere at that point, in all the shops and all that… I was fed up, yeah, fed up of keep going to the prison.”
Impact of going to prison
In a study of prisoner profiles in Northern Ireland, 11 out of 105 women said they had being involved in selling sex while 8 said they were sexually exploited. We do not have statistics for Scotland, but we know anecdotally from some prisons that a large number of women have disclosed being involved in selling or exchanging sex to prison staff.
The impacts of going to prison can be long-lasting for women as it disrupts their lives and increases their vulnerability to losing housing, employment and children (at least temporarily) – all of which are factors that can lead women to sell sex in the first place. Women may also lose vital support networks and face the judgment from their community.
Further, Engender has highlighted how imprisonment can compound trauma and mental health issues that can trap women in a cycle of offending but also, as NIA pointed out, it can further entrench women in selling sex.
At the same time, women have spoken about a more complex picture when it comes to imprisonment. Several UK reports and Encompass services have mentioned examples where women use prison as a way to take ‘a break’ from selling sex, to find safety from the violence they are facing and to stabilise themselves if they are using substances. Two women described this complexity in NIA’s report. One saw prison as a way to avoid prostitution-related fines and as a break from selling sex:
In a study of prisoner profiles in Northern Ireland, 11 out of 105 women said they had being involved in selling sex while 8 said they were sexually exploited. We do not have statistics for Scotland, but we know anecdotally from some prisons that a large number of women have disclosed being involved in selling or exchanging sex to prison staff.
The impacts of going to prison can be long-lasting for women as it disrupts their lives and increases their vulnerability to losing housing, employment and children (at least temporarily) – all of which are factors that can lead women to sell sex in the first place. Women may also lose vital support networks and face the judgment from their community.
Further, Engender has highlighted how imprisonment can compound trauma and mental health issues that can trap women in a cycle of offending but also, as NIA pointed out, it can further entrench women in selling sex.
At the same time, women have spoken about a more complex picture when it comes to imprisonment. Several UK reports and Encompass services have mentioned examples where women use prison as a way to take ‘a break’ from selling sex, to find safety from the violence they are facing and to stabilise themselves if they are using substances. Two women described this complexity in NIA’s report. One saw prison as a way to avoid prostitution-related fines and as a break from selling sex:
“…to pay the fines you’ve got to go out and do a man to get the money to pay the fine… So I just wouldn’t pay the fine. I’d just take a break, go into [women’s prison], take a break, you come out, you got money saved up.”
Another woman explained what she found beneficial about being in prison, which mirrors what we have heard anecdotally from services working with women in prisons in Scotland:
“When I got there, it was alright, do you know what I mean? You had your cell and you had routines, you know what I mean… cos when I got jail I was five stone. There was nothing on me… Yeah, I was in a bad way so, and then getting my meals, I come out and I was nine and a half stone, I was like bloody hell… I think if I didn’t get to jail I don’t even think I’d be stood here right now.”
These testimonials point out the gap women are finding in terms of holistic support and, as one woman described it, being able to find a ‘sanctuary’ to get away from the risks, violence and pressures of their involvement in selling sex.
Despite the positive aspects highlighted about prison, we must recognise that imprisonment can also become a pathway into selling sex. While some women have spoken of some benefits of going to prison, for most women the experience of being taken into custody and the aftermath of leaving prison can be traumatic and overwhelming. Charlene, a woman supported by SHINE, an organisation in Scotland supporting women in prison, explained the feeling of being released:
Despite the positive aspects highlighted about prison, we must recognise that imprisonment can also become a pathway into selling sex. While some women have spoken of some benefits of going to prison, for most women the experience of being taken into custody and the aftermath of leaving prison can be traumatic and overwhelming. Charlene, a woman supported by SHINE, an organisation in Scotland supporting women in prison, explained the feeling of being released:
“I 'hink a lot of folk when they get out of prison it's overwhelming. You find yourself, your… your housing situation is messed up, your benefits are gone. And for a lot of people the easiest option is to go back to crime, it's a quick fix.”
While this quote refers specifically to activities such as theft and other crimes, it reflects women’s need for survival and how those options can be reduced upon leaving prison. For some women, selling sex may be the only option to survive once they are released.
The impact of criminal records
Finally, criminal records have been shown to have a double impact on the lives of women who sell or exchange sex. On the one hand, the requirement to disclose criminal records can limit women’s employment and education opportunities thus forcing them to continue selling sex when they wish to stop. On the other, these records can lead to discrimination and retraumatisation as women are made to relieve past experiences.
Being discriminated for work and other opportunities can trap women in a cycle where they keep returning to prison for different offenses or, as women have put it, to ‘take a break’ from the inequalities they face outside.
Whilst the above can apply to any type of criminal record, women have highlighted specific impacts from prostitution-related criminal records. A participant in NIA’s study explained how the stigma associated with these records can play out when applying for a job:
The impact of criminal records
Finally, criminal records have been shown to have a double impact on the lives of women who sell or exchange sex. On the one hand, the requirement to disclose criminal records can limit women’s employment and education opportunities thus forcing them to continue selling sex when they wish to stop. On the other, these records can lead to discrimination and retraumatisation as women are made to relieve past experiences.
Being discriminated for work and other opportunities can trap women in a cycle where they keep returning to prison for different offenses or, as women have put it, to ‘take a break’ from the inequalities they face outside.
Whilst the above can apply to any type of criminal record, women have highlighted specific impacts from prostitution-related criminal records. A participant in NIA’s study explained how the stigma associated with these records can play out when applying for a job:
“… if I went for a job in a factory and it’s just all men and they wanted a receptionist, I wouldn’t get that job because I was a prostitute before. They would think that I was going to sleep with everyone on the shop floor… a lot of people are ignorant to what goes on in life, because they don’t experience it.”
Another participant described the shame that would come with having to disclose her history of selling sex due to her criminal records:
“I wouldn’t want nobody seeing my record and see I’ve got prostitution on it… I don’t know why I don’t see theft and that as bad as what I see prostitution… I don’t know, it’s just like that thing around prostitution, innit?”
In England a group of survivors of the ‘sex industry’ successfully challenged the disclosure of prostitution-related convictions to potential employers (you can listen to our interview with one of the survivors here). Thanks to them, these records are no longer disclosed to employers in England, although the information does remain in the Police database. Unfortunately, the ruling had no effect in Scotland, where these records are still disclosed to potential employers, which is why services here must be mindful of the emotional and practical impact that women who sell or exchange sex can face when they have been criminalised.
Read our practice points to find practical steps you can take to respond to women’s needs when engaging with the criminal justice system.
Read our practice points to find practical steps you can take to respond to women’s needs when engaging with the criminal justice system.