Introduction

The casual observer would be forgiven for assuming that the regulation of prostitution in the UK has changed dramatically in the last decade or so. In 1999, the Department of Health and the Home Office issued new guidelines for how young people in prostitution were to be dealt with – guidelines that stressed diverting young people away from the criminal justice system and into statutory and voluntary welfare agencies, and punishing adults who commercially sexually exploit anyone under the age of 18 years. New statutes have been put in place to deal with facilitating or encouraging child prostitution and human trafficking for the purposes of sexual exploitation, with an accompanying range of much higher tariffs (including life imprisonment). The Home Office and the Local Government Association have made available funds and resources to provide women trafficked into prostitution with housing and accommodation, all with the aim of helping them leave (or ‘exit’) prostitution. The Home Office funded research in ten different locations to evaluate the sort of policies and practices that work best. Shortly afterwards, the then Home Secretary initiated a review of prostitution-related legislation and practice that resulted in the publication of a set of recommendations to police constabularies and local authorities on how to provide a coordinated strategy on prostitution. These recommendations, in common with those made regarding young people and victims of trafficking, are geared towards helping women exit prostitution. They highlight the difficulties that adult women encounter in terms of exploitation, violence, homelessness, lack of economic opportunities, debt and drug and alcohol addictions. In addition, these recommendations highlighted the problems caused to both sex workers and communities by the criminal organisation of prostitution and/or criminal men involved with or exploiting sex workers.

In view of all this, a casual observer could be forgiven for assuming that, unlike previous decades, the new millennium has signalled a shift in the official stance on prostitution – or more particularly prostitute women – which is less punitive. Unfortunately, the casual observer would be wrong for two main reasons. First, many of the reforms are reforms on paper only (perhaps with the exception of guidance dealing with young people). Many of the reforms are little more than a drawing together of established practice already in place.