13/2014 Abuse of a victim of sex trade Evaluation of the Finnish sex purchase ban 13/2014 Abuse of a victim of sex trade Evaluation of the Finnish sex purchase ban Johanna Niemi and Jussi Aaltonen Ministry of Justice, Finland Helsinki 2014 8.4.2014 Name of Abuse of a victim of sex trade the Publication Evaluation of the Finnish sex purchase ban Author Johanna Niemi & Jussi Aaltonen Publication of the 13/2014 Ministry of Justice Reports and guidelines OSKARI number OM 3/014/2013 ISSN-L 1798-7067 ISSN (PDF) 1798-7067 ISBN (PDF) 78-952-259-361-0 URN URN:ISBN:78-952-259-361-0 Permanent address http://urn.fi/URN:ISBN:78-952-259-361-0 Keywords sexual offences, Criminal Code Abstract The report explores the effectiveness of the offence ‘abuse of a victim of sex trade’, (Criminal Code, chapter 20 section 8). Enacted in 2006, this provision prohibits the purchasing of sex from a victim of human trafficking or procuring. It is complemented by section 7 of the Public Order Act, which prohibits the pur- chasing and the offering for sale and selling of sex in a public place. The report also explores the situation in the UK and Sweden. Sweden has had a comprehensive sex purchase ban in place since 1999. Information on the situa- tion in Sweden is available in a report published in 2010 and the annual reports of the National Rapporteur on Trafficking in Human Beings. The relevant legisla- tion in the UK as reformed in 2009 closely resembles the Finnish corresponding legislation. Because no study of the effectiveness of the British legislation has yet been conducted, interviews were conducted to gain a better picture. The situation in Finland was explored through statistics and register data, inter- views with 18 experts and a review of court documents. Statistics show that be- tween 2006 and 2013, a total of 379 cases of ‘abuse of a victim of sex trade’ were registered by the police. Charges were brought against 49 persons and tried. The district courts have sentenced 42 persons for ‘abuse of a victim of sex trade’ or an attempt thereof. The default fine has been established at 20 day-fines. Fines for purchasing and selling sex, pursuant to the Public Order Act, were im- posed in 106 cases between 2003 and 2011. Most of these fines were imposed on the sellers. Investigating and proving ‘abuse of a victim of sex trade’ has turned out to be challenging. The report concludes with recommendations. CONTENTS CONTENTS ___________________________________________________________ 7 1 INTRODUCTION ____________________________________________________ 9 1.1 Assignment _______________________________________________________ 9 1.2 Legislation to be reviewed __________________________________________ 10 1.3 Terminology ______________________________________________________ 11 1.4 Conducting the study ______________________________________________ 13 2 LEGAL CONTEXT OF THE FINNISH SEX PURCHASE BAN ________________ 14 2.1 Main approaches in the regulation of prostitution _______________________ 14 2.2 Crime of human trafficking __________________________________________ 15 2.3 Enactment of the sex purchase ban __________________________________ 17 2.4 Procuring and human trafficking in Finnish law ________________________ 19 3 THE SEX PURCHASE BAN IN SWEDEN _______________________________ 21 3.1 Introduction ______________________________________________________ 21 3.2 Legislation _______________________________________________________ 23 3.3 The law in practice ________________________________________________ 25 3.4 Offences registered by the police ____________________________________ 28 3.5 Investigating sex purchases ________________________________________ 31 3.6 Sanctions ________________________________________________________ 32 3.7 Programmes to combat sexual abuse _________________________________ 34 3.8 The impact of the sex purchase ban __________________________________ 36 3.9 Human trafficking and procuring offences _____________________________ 40 4 PARTIAL SEX PURCHASE BAN IN THE UNITED KINGDOM ________________ 43 4.1 Background ______________________________________________________ 43 4.2 Current legislation _________________________________________________ 44 4.3 Application of legislation ___________________________________________ 50 4.4 Prostitution situation ______________________________________________ 54 4.5 Prostitutes as victims of crime ______________________________________ 57 4.6 Effects of the legislation: campaigns and public awareness ______________ 58 5 PROSTITUTION IN FINLAND _________________________________________ 59 7 5.1 Forms of prostitution in Finland _____________________________________ 59 5.2 Who is buying? ___________________________________________________ 64 5.3 Estimating the volume of prostitution _________________________________ 67 6 OFFENCES DETECTED BY THE POLICE ______________________________ 69 6.1 Abuse of a victim of sex trade ________________________________________ 69 6.2 Sex purchases violating the Public Order Act __________________________ 70 6.3 Procuring and human trafficking offences _____________________________ 73 6.4 Investigation of prostitution-related offences __________________________ 76 6.5 Procuring and trafficking cases in the courts __________________________ 78 6.6 Visibility and invisibility of the sex trade ______________________________ 86 7 ABUSE OF A VICTIM OF SEX TRADE: HOW THE LAW IS APPLIED _________ 88 7.1 Sex purchase cases handled by the prosecutor ________________________ 88 7.2 Sex purchase offences in the courts __________________________________ 89 7.3 Trials ____________________________________________________________ 91 7.4 The application of the law ___________________________________________ 92 8 ISSUES OF APPLICATION __________________________________________ 101 8.1 Abuse of a victim of sex trade and other sexual offences _______________ 101 8.2 Purchase of sexual services from a young person _____________________ 102 8.3 Scale of punishments and sentencing practice ________________________ 103 8.4 Mens rea ________________________________________________________ 104 8.5 Attempted offence ________________________________________________ 109 8.6 Procedural status ________________________________________________ 111 8.7 Connections in investigating procuring and abuse of a victim of sex trade _ 112 8.8 Coercive measures _______________________________________________ 113 9 SUMMARY AND CONCLUSIONS ____________________________________ 114 9.1 Objectives of legislation ___________________________________________ 114 9.2 Summary of the findings of the report _______________________________ 115 9.3 Conclusions _____________________________________________________ 118 8 1 Introduction 1.1 Assignment The provision in the Finnish Criminal Code that renders punishable the sexual exploitation of a victim of human trafficking and procuring (hereinafter abuse of a victim of sex trade or ‘sex purchase ban’) has been in effect for more than six years, as of 1 October 2006. There has been periodical public debate on this provision, which is a strong opinion divider. However, there has been little information available on how the provision is applied. The Legal Affairs Committee of Parliament had required that the Ministry of Justice submit a report on the application of the provision three years after it had entered into force (LaVM 10/2006). The Ministry of Justice conducted an evaluation of the application of the provision in 2009, at which time little data had been accumulated on application practices. The Programme of the Government of Prime Minister Jyrki Katainen (2012) did not touch on the implementation of the sex purchase ban, but it did include several goals related to the regulation of purchasing sex and prostitution. Specifically, the Government Programme made a commitment to reduce violence against women and to enhance the fight against organised crime (pp. 28 and 67). Legislation will be developed in order to prevent trafficking in human beings in all its forms, to protect the victims of human trafficking and to improve legal protection (p. 26). Also, in work against violence priority will be given to better recognition of violence against vulnerable groups, including immigrant women (p. 27). In accordance with the Government Programme, the Government adopted the Action Plan for Gender Equality (2012), with more detailed commitments to gender equality. The Action Plan for Gender Equality includes a commitment to conduct a comprehensive evaluation of the legislation concerning the purchasing of sex and to outline measures required. In this evaluation, particular attention was to be paid to the review of national legislation in this area published in Sweden in 2010 (Action Plan for Gender Equality, p. 33). The previous Government adopted an Action Plan to Reduce Violence against Women in 2010. That Action Plan recommended that training should be provided for the authorities (police, prosecutors, public legal aid attorneys, judges) on infringements in connection with prostitution, procuring and human trafficking. Officials and NGOs have had a particular focus on human trafficking and its prevention in the late 2000s. The Government adopted the Revised National Plan of Action against Trafficking in Human Beings in 2008, the Minority Ombudsman was appointed the 9 National Rapporteur on Trafficking in Human Beings in 2009, and an Annual Report has been published by the Rapporteur since 2010.1 These Reports include proposals for several measures to enhance action