---

Only 15 convictions for paying for sex – review

A review of 2017 legislation that criminalised the purchase of sex has found that there had been only 15 convictions from 161 prosecutions under the measure, up to July last year. 

The review of how section 7A of the Criminal Law (Sexual Offences) Act 1993, which was amended by the Criminal Law (Sexual Offences) Act 2017, has operated was published yesterday (25 March) by the Department of Justice. 

The 2017 act decriminalised the sale of sex and criminalised the purchase of sex, with the aim of reducing demand for commercial sex. 

Admission of guilt required 

The review notes several “challenges and barriers” to enforcing the legislation cited by gardaí and the Office of the Director of Public Prosecutions (DPP). 

These include the resource-intensive nature of identifying incidents, the limited power of arrest for detention and questioning, the requirement of an admission of guilt, challenges in prosecution due to the necessary ‘proofs’, and approaches to sentencing. 

It adds, however, that the decriminalisation of the sale of sex has allowed safety and welfare checks for sex workers, although gardaí say that there is a “low level of reporting” by victims of crime in this sector. 

‘Reasonable inference’ 

The review recommends measures to improve enforcement that include: 

• Allowing a ‘reasonable inference’ clause that prostitution is occurring at the premises in question,
• Looking further at issues such as the limited power of arrest for detention and questioning, and
• Issuing Fixed Charge Penalty Notices (FCPNs) to those guilty of purchasing sex in cases where there is an admission of guilt or incontrovertible evidence of payment for sexual activity. 

Minister for Justice Jim O’Callaghan said that department officials were consulting gardaí on some of these recommendations. 

Among the review’s other recommendations are campaigns to raise public awareness of the illegality of paying for sex, improvements in data collection, and funding for research on the impact of the legislation. 

'Pushed underground'

The review, which involved discussions with statutory agencies and organisations working in the sector, finds different views on the legislation’s effectiveness. 

It says that those opposed to the legislation in its current form believe that it has pushed the industry further underground, increased fear and distrust among those involved in the sale of sex, and has failed to address the broader socio-economic issues that drive demand.  

“Among those who support the legislation, there is a belief that it has the potential to reduce demand for commercial sex, but they acknowledge that its current impact is limited by insufficient enforcement and a lack of supportive measures,” the review notes. 

Human trafficking 

It states that the prevalence of human trafficking among those involved in the sale of sex in Ireland is disputed, and the lack of reliable data is cited by both advocates for and opponents of section 7a. 

“Opponents argue that the law has not decreased trafficking, misallocates resources, and conflates the sale of sex more generally with trafficking, ultimately making conditions more dangerous for those involved in the sale of sex. 

“Supporters, on the other hand, believe that criminalising the purchase of sex can reduce demand and disrupt trafficking networks,” the review continues. 

It finds a consensus, however, on the need for accurate data, improved identification processes, comprehensive support systems, enhanced training for law enforcement and service providers, and enhanced multi-agency collaboration on the issue.