ILAC IX

Sexual Offences

By

David R.
 The Nordic Approach

S. 7A of the Criminal Law, Sexual Offences, Act 1993 as amended by S.25 of the

Criminal Law, Sexual Offences< Amendment Act 2017, makes it an offence for a

person to pay for the purpose of engaging in sexual activity with a prostitute.

This provision makes a sea change in the law which deals with the prostitution. Those

who support the enactment of this offence believes it protects vulnerable women,

especially those who have been illegally trafficked from other countries. Critics on the

other hand points out that the new law does nothing to reduce the demand for

prostitution and it would be better to regulate prostitution and provide legal

safeguards for those who work as prostitutes and rules for those who purchase their

services.

Critically evaluate the offence provided for under S.7A of the criminal Law, Sexual

Offences, Act 1993 with reference to the law and academic discussion on the topic. In

your answer, suggest whether you believe S.7A is the correct approach or whether it

would be better to regulate prostitution and why?

Critical Evaluation and Suggestion

2017 Act introduced one of the most controversial elements as what is known as the

“Swedish Model” approach to prostitution; whereby it is prohibited and its an offence

for purchasing sexual services but the offerer of such services(prostitutes) are not

criminalised. Section 25 deletes the element of soliciting and importuning for the
purpose of prostitution the offer by a person of his her services as prostitute from

section 1 of Criminal Law Sexual Offences Act 1993.

Simultaneously, s. 25 inserts a new s.7A into the 1993 Act which makes it a summary

offence for a person to pay, give, offer or promise to pay, or give a person “money or

any other form of remuneration or consideration for the purpose of engaging in sexual

activity with a prostitute. Thus, a prostitute’s client commits an offence but the

prostitute herself does not. Owing to such a controversial provision, the law then

provided for the minister for justice is required within three years of commencement

to prepare a report on the operation of s.7A.

Moreover, Section 26 inserts a new s.5(2A) into the Criminal Law, Human

Trafficking, Act 2008, which criminalises paying or offering to pay for the purpose of

the prostitution of a trafficked person. This offence is triable either way and is subject

to maximum punishment of five years of imprisonment. In addition to it, Section 25

of Criminal Law Sexual Offences Act 2017 amends section 1(2) a of the Criminal

Law Sexual Offences Act 2003, abolishing soliciting or importuning for purpose of

prostitution. Thus penalty of offence was removed form prostitutes but the liability

was placed on purchasers of sexual services.

Thus S.25 of the Act inserts the following provision into Section 7A of the 1993 Act.

“A person who pays,gives, offers or promises to pay or give a person, including a

prostitute, money or any other form of remuneration or consideration for the purpose

of engaging in sexual activity with a prostitute shall be guilty of an offence and shall

be liable on summary conviction; in the case of a first offence, to a class E fine and in

the case of a second or subsequent offence, to a class D fine.

First of all, these types of laws were emerged in Sweden in 1999, just to reduce sexual

offences and sexual acts by reducing or criminalising the buyers of the sexual
services. In turn, there emerged a whole lot of criticism on the part of the autonomy of

males in order to indulge in sexual acts because in one way or other, these types of

laws were helpful for the amelioration of and expansion of woman right or feminist

movements etc. Later on, these laws were emerged in Iceland, Canada, France,

Northern Ireland, Ireland as well as Israel which means there is huge liking or public

support for such kind of laws. The thinking behind such laws was to reduce sexual

violence because most of the time, the consent( requirement for sexual act that does

not amount to rape) is necessary in order to avoid the penalty of rape offence. But

mostly, the consent is absent or it is coercive consent obtained by a threat or use of

violence etc. This is most in the case of trafficked women who are most likely be

subjected to violence in order to obtain consent. But criticism for such laws was

always there. Some called it an attack on males sexual autonomy, some called it the

attempt to create feminist supremacy in society in sexual behaviours and some said it

is not understandable as to how sexual offences can be reduced in a society by just

prohibiting males from buying sexual services and not forbidding women form

offering them.

This can in turn, exacerbate prostitution and no limit it because women would be free

to use these laws for their physical and emotional satisfaction whenever they want, as

well as they can use these laws to exploit males in the name of so called buying or

attempting to buy sexual services. More so, these laws can also be exploited by males

also and the way they would do this is by not asking for or attempting to buy sexual

services but to ask women, freely or coercively, to offer these services; just to avoid

the liability under these laws. Now let us have a detailed look and in depth analyses of

these laws and later on I will give my own suggestions regarding this issue.

Irish law on prostitution has a complex history — from infectious diseases

Acts and the law of the nineteenth Vagrancy focus on the so-called

"common prostitute" in the law of the early twentieth century (Luddy, 2007).

Difficulty by providing evidence of "improper exposure" to avoid charges

The 1980's led to a change in the law in 1993. But despite the change in the rule of

law, some themes remained unchanged throughout. After all, there was no sex

trafficking itself; criminal law was not designed to suppress fornication, simply to

restrict its public display.

This has always been the case, without the impetus for any change in the legal

framework of prostitution control until the publication of the report by Kelleher et al.

(2009), provided a detailed view of the level of trafficking and prostitution in Ireland.

The report concluded: “An estimated 800-1,000 Irish victims sex trafficking at any

time, between 87 and 97 percent of immigrants women, with 51 nationalities

identified, at least 10 percent of women trafficked and girls ”(O'Connor & Yonkova,

2019, p. 42). The report appeared to be the cause of this the development of the new

Turn Off the Red Light (TORL) campaign, formed non-governmental organizations

(NGOs), trade unions, political parties, and other groups promoting as a policy the

goal of reducing or eliminating prostitution by criminalizing sexual exploitation.

Their campaign reached its climax years after the launch of the Criminal The (Sexual

Offenses) Act 2017, which used the Nordic model in Part 4, when section 25 creates a

new case for “payment etc. Sexually a prostitute. ” Significantly, while the purchase

of sex is now a crime, this is the case request or import no longer applies to a sex

worker - for that matter legalizing sex traffickers in public (other cases related to

prostitution and burglary are kept).

Not surprisingly, given the very different nature of the educational debate on

prostitution, that a very different analysis of the Irish law of 2017 has been given
educational discourse and policy. Support for the 2017 revolution as an example of

the continuous implementation of women's law was exemplified by Beegan and

Moran. (2017, p. 72), concluding that the new law directs the need, the challenge to

society attitudes towards male violence against women and sends a clear message to

the body it cannot be sold, bought, or violated. ” Similar approvals are given at a later

date EU-sponsored comparison report, approved by the Immigrant Council of Ireland,

in defined Irish law reform (2018, p. 29) as "based on the principles of gender

equality and human rights ..." In an interim report, authorized government in law

enforcement during these three. The official annual review period (Shannon, 2020),

gives a good overview what is defined as the "way of equality" adopted in the Irish

law of 2017; and Upcoming strong research on the commercial sex trade in Ireland in

the context of the review (O'Connor & Breslin 2020) will show that the launch

The 2017 Act did not result in an increase in violence against sex workers, however

illegal claims. However, those who oppose the new law have criticized it, not just in

failing to protect those involved that it should “take action to ban all sex workers as a

group, as a policy of law. ” Similarly, Fitzgerald & McGarry (2016, p. 289) argued

that the “neo-abolitionist” of Ireland operated on sex speculation and sexism.

migrant workers and women ”and has lied and misrepresented“ sex trafficking

women. ” David Ryan (2017, p. 12) argued that instead of removing crime

they represent “an excellent opportunity to address the needs of sex workers

and to develop programs where security is better. ” Tom O'Malley has been similarly

critical, suggesting (2017, p. 88) that "the problem with

The Swedish method now adopted in Irish law seems to take for granted that everyone

who engages in sexual activity is doing what they do not want to do or, at any time,

for reasons beyond his control.

My own undertaking on this issue is that this is good, if not best, amendment done in

the Criminal Law Sexual Offences Act 1993, as done by S.25 of Criminal Law Sexual

Offences Act 2017 done in shape of S.7A into section 1 of former act. This is a good

effort on my part to end prostitution as a profession; that is by criminalising and

punishing those who purchase sexual services. Because, it is very unlikely that

women, or prostitutes, for that matter would by themselves offer the sexual services to

males, until someone has no other option to do so. Most of the time, it is the purchase

of such services which ameliorates and exacerbate the prostitution in the society and

not prostitutes themselves.

It has been seen that the human trafficking(women), who are required to work as

prostitutes, are those who offer, or seems to offer such services; but if we go into

details and background, it is not the matter. Illegally trafficked or confined women are

forced to work as prostitutes which they are so much forced to do that otherwise they

may lose their life. Similarly, it can be said that although, they(prostitutes) provide

their free consent for such sexual act, but it is actually no consent. And if there is no

consent involved in a sexual act, it will amount to rape. Thus, those who oblige their

offer for sexual act are actually those who are forcing them to do so at first place.

Therefore, punishing those who try to or attempt to purchase those services are

actually the main culprits. It is very likely that, having laws in place that punishes and

criminalise those who try to exploit such miserable prostitutes, will positively

contribute towards the nullification of this profession at all. It has also been observed

that the number is very less for those women who voluntarily or willingly opt for the

profession of prostitution, most of the time they are illegally trafficked, forced or

otherwise made to offer such services. Therefore, eliminating the potential customers

of such prostitutes by placing such laws would ultimately improve the situation.
Moreover, such laws are not new. In Sweden, such laws were in place back in 1999

and also in other parts of the world. Now most of the countries like Canada, Ireland,

Northern Ireland, France, Iceland and Israel etc are also opting such laws, by looking

at the successful outcome of these laws.

But as every law and enactment has also some loopholes and downsides. Similarly,

these laws are at their extremes as well. For example, the law will charge the

individual who sought for sexual services and purchase them, but there is no law or

regulation for those women who willingly involve or offer such services. Although,

most often, these offers are not voluntary, but if it is proved right, which would every

person charged with(accused) would try to take plea of, then there is no regulation or

punishment for that women. This still, directly or indirectly, promotes prostitution in

the society, nullifying the effects of such laws. Therefore, there must be a balanced

approach in the law, where both parties must be given proper consideration and laws

must not be extreme.

To conclude, to me these laws and amendments are good to alleviate prostitution in

the society but it would have been better had there been a balanced approach and a

law that would punish, or if not punish, forbid prostitutes for offering such services.