At a time when some governments are trying – and failing – to combat sex trafficking by legalizing prostitution, Sweden’s innovative approach stands out as an exemplary model of lawmaking that reduces prostitution, penalizes men, and protects women.
As human trafficking became an increasing global problem in the 1990s, Sweden took an intensive look at its prostitution policy. It concluded that a country cannot resolve its sex trafficking problem without targeting the demand for prostitution. In 1999, Sweden passed landmark legislation that made it illegal to buy sexual services.
The legislation was built on the public consensus that the system of prostitution promotes violence against women by normalizing sexual exploitation. Thus, in a society that aspires to advance women’s equality, it is unacceptable for men to purchase women for sexual exploitation, whether rationalized as a sexual choice or as “sex work.”
Sweden does not penalize the persons in prostitution but makes resources available to them. Instead it targets and exposes the anonymous perpetrators – the buyers, mostly men, who purchase mainly women and children in prostitution.
The key to the law’s effectiveness lies not so much in penalizing the men (punishments are modest) but in removing the invisibility of the buyers and making their crimes public. Men now fear being outed as prostitution users.
In July, the government of Sweden published an evaluation of the first 10 years of the law. While acknowledging that much remains to be done, the report’s findings are overwhelmingly positive:
•Street prostitution has been cut in half, “a direct result of the criminalization of sex purchases.”
•There is no evidence that the decrease in street prostitution has led to an increase in prostitution elsewhere, whether indoors or on the Internet.
•Extensive services exist in the larger cities to assist those exploited by prostitution.
•Fewer men state that they purchase sexual services.
•More than 70 percent of the Swedish public support the law.
Initially critical, police now confirm the law works well and deters other organizers and promoters of prostitution, especially traffickers, who find in Sweden an intolerant environment in which to sell women and children for sex. Based on National Criminal Police reports, Sweden appears to be the only country in Europe where prostitution and sex trafficking have not increased during the past decade. [Editor's note: The original version of this sentence wrongly suggested that National Criminal Police reports made this comparison.]
Sweden’s progress contrasts sharply with the dismal results of other European countries that have professionalized pimping, brothels, and additional aspects of the prostitution industry.
Failures of legalized prostitution
In 2002, Germany decriminalized the procuring of prostitution, made it legally easier to establish brothels and other prostitution enterprises, lifted the prohibition against promoting prostitution, and proposed contracts and benefits for women in prostitution establishments.
In 2007, a federal government report found that the German Prostitution Act had not improved conditions for women in the prostitution industry nor helped them to leave. It had also failed “to reduce crime in the world of prostitution.” Finally, the report stated that “prostitution should not be considered to be a reasonable means for securing one’s living.”
The government is now drafting an impoverished version of Sweden’s law that would merely punish buyers of those forced into prostitution or who are victims of trafficking. Which raises the question: Why would a buyer ask her if she’s a victim – and why would she tell him?
Netherlands’s experiment with legalization has been equally grim. Two reports in 2007 and 2008 heralded official disenchantment with the results of a 2000 law that made prostitution and the sex industry legal.
The government-commissioned 2007 Daalder report found that the majority of women in the window brothels are still subject to pimp control, and their “emotional well-being is now lower than in 2001 on all measured aspects.”
A 2008 Dutch National Police report states it more strongly: “The idea that a clean, normal business sector has emerged is an illusion…” Like the Germans, the Dutch are now proposing an amendment that would penalize the buyers, but only those who purchase unlicensed persons in prostitution. Still, it’s an oblique indication that the concept of penalizing buyers is gaining ground.
The Nordic model
The failed policy of legalization of prostitution in Europe helped the Swedish model to become the Nordic model in 2009 when Norway outlawed the purchase of women and children for sexual activities. Results were immediate and dramatic one year after the Norwegian law came into force.
A Bergen municipality survey estimated that the number of women in street prostitution had decreased by 20 percent with indoor prostitution also down by 16 percent. Bergen police maintain that advertisements for sexual activities have dropped 60 percent. Effective monitoring of the telephone numbers of buyers who respond to such ads not only enables police to identify and charge buyers but also exposes a wider network of criminal groups involved in child prostitution, pornography, and drug trafficking. In Oslo, the police also report that there are many fewer buyers on the street.
The same year as Norway, Iceland passed a strong law criminalizing the purchase of sexual services. Earlier in 2004, Finland approved an anemic version of the Nordic model. This left Denmark as the outlier with no legislation targeting the demand for prostitution.
Criminalizing demand works. Police report that it becomes less profitable for pimps and traffickers to set up shop in countries where their customers fear the loss of their anonymity. Less profit means less prostitution and less violence against women.
Not only in Europe but also in the Philippines and Korea, the prostitution policy tide is turning from legalization to addressing the demand for prostitution. The United Nations has prohibited their peacekeepers and related personnel from buying women for sexual activities in prostitution, even if prostitution is legal in the jurisdiction in which they serve.
Countries that want to fight sexual exploitation cannot sanction pimps as legitimate sexual entrepreneurs and must take legal action against the buyers.
Janice G. Raymond is professor emerita of women’s studies and medical ethics at the University of Massachusetts, Amherst, and a member of the board of directors of the Coalition Against Trafficking in Women. An earlier version of this piece originally appeared at www.portside.org