THE SWEDISH INSTITUTE PROSTITUTION POLICY IN SWEDEN – TARGETING DEMAND Prostitution policy in Sweden – targeting demand CONTENTS The Swedish Institute (SI) is a public agency that promotes interest and confidence in Sweden around the world. SI seeks to establish co-operation and lasting relations PAGES 4–15 PROSTITUTION POLICY IN SWEDEN with other countries through strategic – TARGETING DEMAND communication and exchange in the fields 5 – Other countries’ policy models of culture, education, science and business. 6 – The inherent power imbalance of sex trade COPYRIGHT 6 – Effects of the law – current situation ©Anthony Jay and the Swedish Institute 9 – Findings from 2014 AUTHOR 9 – Why Sweden? Anthony Jay Olsson 11 – A nation dedicated to gender equality EDITOR 13 – Children’s rights Rikard Lagerberg, Lagerberg Media 14 – The issue of consent and agency FACT-CHECKING 15 – The link between prostitution and trafficking Per-Anders Sunesson Ambassador at Large for Combating PAGES 16–21 TIMELINE Trafficking in Persons, Ministry for Foreign Affairs Thomas Ahlstrand PAGES 22–25 INTERNATIONAL AGREEMENTS Senior prosecutor, Swedish Prosecution Authority 23 – The United Nations Petra Tammert Seidefors 23 – The Council of Europe Senior officer | THB team, 24 – The European Union Swedish Gender Equality Agency Endrit Mujaj Adviser, Council of the Baltic Sea PAGES 26–34 STATISTICS States – Task Force against Trafficking 27 – Europe, Victims of trafficking in Human Beings Olga Persson 28 – Europe, Number of victims Secretary General, Unizon 30 – Sweden, Crime statistics 32 – Sweden, Human trafficking GRAPHIC DESIGN BankerWessel 34 – Sweden, Crime statistics 1999–2017 PRINT Åtta.45 Tryckeri AB, Stockholm, 2019 PAGE 35 LINKS, #, CAMPAIGNS AND FURTHER RESOURCE MATERIALS ISBN 978-91-86995-88-1 ARTICLE NUMBER 1515-1 Front cover photo by Mitchell Griest 4 PROSTITUTION POLICY IN SWEDEN TARGETING DEMAND 5 THIS NEW LAW clearly changed the perception and focus away from the person involved in prostitution and towards the buyer PROSTITUTION of sexual services and hence the person responsible for prosti- tution. The decision to single out demand was taken based on POLICY IN SWEDEN an emerging consensus of gender equality and a human rights perspective, where prostitution was seen as an obstacle. In the years since Sweden enacted the Sexual Purchase Act, – TARGETING several other countries have observed the positive effects of the law and introduced similar legal frameworks, including neigh- bouring Norway and Iceland, as well as France, Ireland, Northern DEMAND Ireland and Canada. Prostitution is a difficult subject that OTHER COUNTRIES’ is not often spoken about in public. POLICY MODELS It happens somewhere else, to other FINLAND AND THE UNITED KINGDOM, meanwhile, following people. Countries have taken different a recommendation from the Council of Europe Convention on Action against Trafficking in Human Beings, have criminalised approaches to deal with prostitution, the purchase of sexual services from a person subjected to force or who is a victim of trafficking. most revolving around different levels The other models adopted by countries of the European Union (EU) can be broadly divided into three types of legislation. Either of criminalisation or decriminalisation prostitution is legal and regulated (e.g., Austria, Germany, Greece, Latvia and the Netherlands), legal and non-regulated (e.g., Belgium, of the act of prostitution. And then, Denmark and Portugal) or criminalised (e.g., Croatia and Lithuania). 20 years ago, something radical happened None of these models solely penalises the buyer, unless the purchase is from a trafficked individual. Procuring is mainly illegal as Sweden decided to criminalise only and penalised, solicitation is illegal, curtailed or constrained to designated areas, and brothels are illegal (except in countries the buyer of sexual services. The results where prostitution is legal and regulated). In an environment where all parties are criminalised, prostitution becomes clandestine and are in, and other countries are following the free agency of individuals involved in providing services is Sweden’s lead. curtailed while stigma and risks increase. 6 PROSTITUTION POLICY IN SWEDEN TARGETING DEMAND 7 THE INHERENT POWER IMBALANCE OF SEX TRADE SUPPORT THE ORIGINAL IDEA with the introduction of the Sexual Purchase PROGRAMMES Act in Sweden was to mitigate the reduced agency of the seller, equalise the power balance, and lessen the exploitation of the individual, mostly women, while still disrupting the market and AND EXIT SERVICES reducing the demand. It also marks prostitution as a societal activity to be curtailed. The Swedish government rationalised that it is not reasonable NATIONAL TASK FORCE are mainly staffed by social workers. The buyers of sexual services are provided with to prosecute the party that in most cases is in a weaker position The National Task Force against Prostitution counselling at K AST (Köpare Av Sexuella and is exploited by others to satisfy their sexual drive. The law is and Human Trafficking (NMT) is a national Tjänster, buyers of sexual services) if they want support to stop purchasing sex. The also meant to encourage individuals involved to seek help to leave platform of governmental bodies working against prostitution and all forms of human service is provided in Sweden’s three largest prostitution, as they can be safe in the knowledge that there will trafficking. NMT offers support to munici- cities to those over the age of 16. be no criminal consequences of having been involved in prostitution. palities, governmental authorities and NGOs Statistics show that street prostitution and demand has decreased in human trafficking cases. In addition to CIVIL SOCIETY a support line, they have also published as a result of the new law. This in contrast to the legalisation and National Referral Mechanism: Protecting ORGANISATIONS decriminalisation frameworks which have both proven not only to and supporting victims of trafficking in The Swedish Civil Society Platform against multiply and increase prostitution but also to normalise the activity. human beings in Sweden. NMT is steered by the Gender Equality Agency. Trafficking in Human Beings is an umbrella This legislative approach was totally new and has over the years platform which was formed in 2013 to coor- been complemented with options of social services, including exit dinate civil society efforts, visualise vulner- REGIONAL COORDINATION able groups and combat human trafficking strategies for both the buyer and the person involved in prostitution. in all forms. The platform consists of a The regional coordinators function as a group of about 20 non-profit organisations link to social support services and referral and actors working on human rights. They in cases related to prostitution and human involve pressure organisations as well as EFFECTS OF THE LAW trafficking. According to the Swedish NGOs doing outreach to victims and provi- Social Services Act, the municipality is ding direct assistance and shelter to victims. – CURRENT SITUATION ultimately responsible for making sure people receive the support and help they need in the municipality. RETURN PROGRAMME SINCE THE LEGALISATION in Sweden went into force, the prosti- The Gender Equality Agency furthermore tution market has become global, diversified and virtual alongside SUPPORT SERVICES runs an Assisted Voluntary Return and other developments in society. Prostitution is particularly prob- Reintegration Programme for victims of lematic to accurately assess in numbers, as statistics are difficult In addition to NMT, social services and trafficking operated by the UN Organization police, there are several specialist centres for Migration (IOM). Payments to benefici- to compare, and figures overtime vary as different studies have and clinics giving support to people in pros- aries in relation to support type can either categorised groups differently. In some studies, the group ‘young titution. Mikamottagningen in Stockholm be monthly cash allowances or in-kind people’ can be aged 15–30 and in other studies the age span can and Gothenburg and the Prostitution Centre support such as housing and medical (Kompetenscentrum Sexuella Tjänster) allowance. be completely different. in Malmö also conduct outreach work and 8 PROSTITUTION POLICY IN SWEDEN TARGETING DEMAND 9 One certainty is that street prostitution has declined in Sweden It is estimated today that between 200–250 women are involved since 1995, by more than 50 per cent including a few fluctuations in prostitution in the capital Stockholm and two other larger cities and a minor recent increase. However, just like in other countries, in Sweden, Gothenburg in the west and Malmö in the south. availability has increased due to the internet. Before the law came into existence, there was concern that the legislation might lead to increased vulnerability for those in prosti- FINDINGS FROM 2014 tution, but in fact, it has become more secure because the balance of power has moved away from the buyer. IN A 2014 MAPPING of prostitution published by the County Admi- nistrative Board of Stockholm, findings included that public support In 2010 the Swedish government conducted an official evaluation for the sex purchase laws is substantial and widespread (72 per cent 1 of the law and its effects which noted that: of respondents being positive, 85 per cent among women and 60 per cent among men), which can be interpreted as saying that • Street prostitution has decreased. Swedes do not want a society where buying sex is allowed. • The law has had a deterrent effect on prospective buyers In the same study, 0.8 per cent of Swedish men said that they of sexual services, reducing demand. had purchased sexual services sometime in the last 12 months. • The law has deterred trafficking as criminals have not Around half of these men had purchased sex abroad. The study sought to establish organised trafficking networks so readily also revealed that 7.5 per cent of men between 18–65 years of age in Sweden. had paid for sex at least once in their lifetime. This is lower than in • The number of foreign women in prostitution has increased all other Nordic countries.