‘Beyond Hate: policing sex work, protection & hate crime’

1. ‘Beyond Hate: policing sex work, protection & hate crime’ Presented by: Dr Rosie Campbell OBE, Department Social Policy, University of York, UK At: Pion Seminar, Oslo, Norway Date: 18th February 2019 rosie.Campbell@york.ac.uk

2. Positioning myself & the presentation • Draws on PhD research ‘Not Getting Away With It’: Treating Crimes Against Sex Workers as Hate Crimes in Merseyside’ (2016), University of Durham. • Draws on researcher, practitioner/advocacy experiences: developing sex work service provision, policy in Merseyside & UK

3. PROBLEMATIC POLICING OF SEX WORK IN UK’s FRAMEWORK OF QUASI-CRIMINALISATION • Main enforcement sex work policing activities: soliciting, brothel keeping, anti-trafficking/modern slavery activities • Dual role: those who can offer public protection to sex workers from crimes are the those who can arrest them/people they work with/customers or close/disrupt workplaces • Adversarial relationship: lack of trust/confidence, anxiety/fear/prejudice/harassment • Variability in policing approaches (Bryce 2018) • Campbell (2014/2018) Spectrum enforcement to protection Photo SCOT PEP Virtual Doll Protest

4. Merseyside’s story: treating crimes against sex workers as hate crime

5. History & Development: murders & high levels unreported violence/harassment • High levels violent & other crimes against SWs in Merseyside & globally (Deering 2015) • Majority unreported to police • 80’s-00’s 3rd highest SW murder rate • Armistead Street (July 2005) established & Portside: health, safety & harm reduction • Commenced working with sex work community & police to build trust & address crimes

6. History & Development: murders & high levels unreported violence/harassment • Sept 2005: Murder of Anne Marie Foy • Review of Merseyside policing policy on crimes against sex workers commenced • Dec 2006: murders of 5 women in Ipswich • December 2006: policy of including sex workers in police hate crime policy adopted • 1st and only force to do so sending a strong message

7. HIGH LEVEL CHAMPIONING: CHIEF CONSTABLES STATEMENT DECEMEBER 2006 “From a policing perspective dealing with prostitution is a difficult balancing act…Sex workers are members of the community who are vulnerable to attack….we will not tolerate violence against sex workers in turn they should have the confidence to report crimes with the knowledge that they will be taken seriously by us….Merseyside Police are determined to bring all perpetrators of hate crime to justice. .we were the first force in the country to recognize and respond to attacks against sex workers as a form of hate crime”Chief Constable Bernard Hogan Howe

8. Strands of Merseyside Hate Crime Approach (Campbell, 2014) • SW’s included in hate crime policy: Sigma hate crime unit led • Partnership but between project & police (but independence) • Initiatives to build trust & confidence to encourage reporting: e.g. Sex Work Liaison Officers • Enhanced ‘ugly mugs’ 3rd party reporting: linked to police intelligence • Merseyside were lead advocates for a National Ugly Mugs scheme

9. Strands of Merseyside Hate Crime Approach (Campbell, 2014) • 1st Sex Work Independent Sexual violence advisor (SWISVA) • Specialist police rape team ‘Unity’ (2007) • Sex worker friendly sexual assault referral centre (SARC) • Media messages & publicising prosecutions • Strategic/reduced enforcement • Public protection ethos: bringing to justice serious crime & sw safety prioritised • Focused on actual lived experiences of violent& other crime not theoretical construct of sw as violence

10. Organisation for Security and Co-operation in Europe (OSCE) • “… criminal acts committed with a bias motive. It is this motive that makes hate crimes different from other crimes. A hate crime is not one particular offence. It could be an act of intimidation, threats, property damage, assault, murder or any other criminal offence. The term “hate crime” or “bias crime”, therefore, describes a type of crime, rather than a specific offence within a penal code. A person may commit a hate crime in a country where there is no specific criminal sanction on account of bias or prejudice. The term describes a concept, rather than a legal definition.”

11. Crown Prosecution Service: protected characteristics England and Wales

12. HC Legislation England and Wales • Sections 28-32 of the Crime and Disorder Act 1998 – racially or religiously aggravated crime • Sections 145 and 146 of the Criminal Justice Act 2003- allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime related to any of protected characteristics.

14. Merseyside Policy 2018: National Protected Characteristic + Sex Workers Aim: Increase the reporting, recording, investigation of hate crime for the 5 ‘monitored strands & in addition, offences committed against sex workers’ Widening hate crime victim groups beyond established groups: ongoing debate in UK academic & policy discussions (Chakraborti & Garland, 2009, Mason-Bish 2010, Law Commission 2019).

15. Outcomes & good practice (Campbell 2014) • 400% increase reporting to “Ugly Mugs” & formal reporting to police (from 2005 to 2009) • N=36 cases to court 2006-2013 • Conviction rate for crimes against SW’s reported to police making it to court 2007-June 2011 83%, 73% rape/sexual assault cases • Conviction rate for cases rape/ sexual offences cases in general population same period - 75% • Recognised good practice in national guidance (Home Office 2011, Crown Prosecution Service 2012, National Police Chief’s Council 2011, 2015, 2019).

16. Changing relationships between sex workers & the police in Merseyside: from enforcement to protection • Sex workers in Merseyside shared with established hate crime groups a history of poor relationships with the police & prejudice (over policed and under protected Chakraborti), repeat victimisation & under-reporting • Crimes against sex workers were not taken seriously • Progressive changes in officer attitudes & practice towards sex workers generally & crimes committed against sws • Sex workers reported more respectful professional attitudes & practice with primary concern safety

17. ‘They were bastards …They didn’t like us, they hated dealing with us, like they could catch something off us … it was obvious’. (Participant4) ‘Never in a million years did we report! Who could we report it to? The bizzes that were coming round being bastards anyway? Arresting us. ‘Who’s going to listen to you? You’re just a prostitute’. (Participant 1) ‘..I think, for a variety reasons, sex workers were viewed as an annoyance, in the food chain of life, they were right down there… I'm pigeonholing, you know because there was a broad spectrum of views’. (Police666)

18. “When I went back out again every time I saw the police I was hiding in the bushes and one of the girls was just standing there , I said “What are you doing you’ll get nicked” . She said “No they don’t nick you now here”. I never got nicked once…They stop & have a chat and see how you are, you could talk to them…With the rape case it was so different than before, they were so nice to me no matter what was going on, even if I had the littlest questions I could phone ..the police have been brilliant!” (Participant 4) “…I would, & I’ve told other people on the forums too. Girls who have posted “I’ve got this guy and he’s stalking me”. I say, “Go to the police”…With recent attacks that have gone on in Liverpool, the police seem to be spot on now. They are taking it really seriously”. (Participant6) “It was regarded by some people as an occupational hazard and that sort of attitude has been overcome, wholly. The whole mind set is different now… It’s this is crime on a member of the public which must be taken very seriously and investigated in a professional manner”. (Police848)

19. Benefits of hate crime policing models (Hall 2005) • Better training & awareness for police about communities specific needs & issues • Intelligence initiatives to support prevention • Improved investigation & detection • Investigation of crimes in line with specific quality standards. • Better Monitoring • Specialist hate crime units to offer support & protect victims • Improved victim care • Increased status of crimes against sex workers signalled that reports of crime should be taken seriously & responded to professionally (Campbell 2018)

20. Erosion & need refresh/integration (Campbell 2014) • Limited awareness amongst sex workers & police • Sex workers not fully integrated into police/multi agency hate crime procedures • Elements of the approach had been eroded • Refreshed action needed: reintroduce good practice, raise awareness & fully integrate sex workers

21. Revising the Hate Crime Approach 2018 Merseyside win funding bid for; • A. New sex work project focused around safety/crime - Red Umbrella Project • B. Police Sex work liaison officer- in Hate Crime Unit Already seeing outcomes

22. Sex worker experiences fit key definitions of hate crime (Campbell, 2014) • HC as expressions of prejudice, discrimination and power: against those without rights, privilege and prestige (Perry 2001, Sheffield 1995 and Hall 2005). With histories marginalisation/discrimination/’othering’ & lack of access to justice (Perry, 2014) • HC as ‘perceived vulnerability’/Easy targets: perpetrators seeing ‘their target: as weak, defenceless, powerless, with a limited capacity to resist’ :507. (Chakraborti and Garland 2012) • HC targeting due to actual or perceived difference: can be due to affiliation of a particular group (Levin and McDevitt 1993 ;Garland 2010)

23. Connecting ‘Othering’/Stigma, Criminalisation & Hate Crime • 30 years research documenting enduring ‘othering’/stigmatisation/social outcast status of sex workers (Pheterson 1994, Roberts 1994) • Range of stigmatising discourses documented: vectors of STI’s/HIV (Scambler 1990), discourse of disposability (Lowman 2000, Kinnell), urban blight (Hubbard 1997) (Ellison and Smyth 2016) • Generate prejudice, hostility, discrimination & violence • Whore stigma/whorephobia

24. Combines with Quasi/criminalisation • Undermines safety: prevent safer working practices (Platt, et al 2018) • Creates adversarial relationship with police • Barrier to reporting, justice & public protection • Contributes to & compounds discrimination • Erosion of rights & excludes sex workers from social and legal protections including labour protections • Heightens vulnerability to targeted violence, harassment, abuse: creates conditions for predation/perception as ‘easy targets’ (McKeganey and Barnard,1996, Sanders, 2004, Brookes-Gordon 2006, Sanders and Campbell, 2006, Hubbard, 1999, 2006, Kinnell, 2008, Sanders, 2011, Scoular et al 2019)

26. Sex Worker Experiences/Views (Campbell 2018) • Majority supported the approach • All viewed sex workers as victims of hate crime & many felt they had been targets because they were sex workers • 3 key elements described by sex workers in my study; • Hostility generated by stigma/prejudice • Perceptions of vulnerability by offenders • Targeting of sex workers as a minority group • Intersectional experiences of hate crime made visible: e.g. race, gender identity, druguse, sexuality, sector of work, nationality

27. ‘ “ It’s powerful. .... They can’t pretend anymore that these crimes don’t exist, end of story, they do exist! We’re classed as The dregs of society. There’s myths about us on diseases, because of our addictions and stuff like that you know we’re thought of as half a human being, that’s why they treat us like that. And they think they can get away with treating sex workers like that and they shouldn’t” (Corin,30, Black British, AGE 30, DUAL HERITAGE BRITISH/NIGERIAN. 6 YEARS STREET SEX WORK 2004-2010) They do it because they think it’s easy, they’ll get away with it and they think we’re scum” (Jackie, 43, White British, Street SW Liverpool)

28. Sex Worker Views/Experiences “Yes it’s hate crime, it’s vulnerable women who are attacked and vilified for doing what they need to do. A hate crime to me is words or actions to hurt someone because they’re a minority group, a visible minority usually, so black, sexual orientation, sex work. … I think the street girls get it more, around a lot of them being addicts as well, I’ve had some abuse when escorting but I got more when street working that’s where you get the groups of lads and it was trans & sex work stuff... I wish we didn’t need this & could be treated equally & that sex work was policed so it was safe but at the moment were not there yet. I want this kept” Caz , 35, 20 years sex working, White British, Transgender, Escorting “You get a lot of that (hate crime)...I’ve had beatings and they’ve gone ‘You dirty smelly, dirty bastard prostitute, junkie’ and been kicked! ‘Your scum!’ And you get a hiding. It isn’t even to rob you it was to give you a hiding because of what you did, because of what we were, what you were on” (Bille, 40, White British, CIS Female Street Sex Worker)

29. Majority support & understanding that sex workers were victims of hate crime “Hate crime for us deals with 5 strands, it’s for someone targeted because they’re identified as belonging to a particular group, & there’s discrimination, the same applies to sex workers. … Given their vulnerabilities they need an enhanced service, they needed this especially the way they were treated up to 2006 by the police. ..we have to gain the confidence of victims ..under article 2 of the European convention we have to protect the lives of all. In Merseyside we approach investigation of crimes against sex workers as hate crime and from the view point that safety of sex workers must be prioritised above all else” (Detective Superintendent, Public Protection, 31 years service)

30. Sanders et al 2018 ‘Internet Sex work’ • Large scale study regulation, working conditions & safety of online sex workers in UK • Digitally facilitated crimes most common & reported at high levels e.g. online harassment, abuse and stalking. • 53% felt crimes committed against them were hate crimes

31. Why think crimes motivated by attitudes to sex workers? ‘I’ve refused a service & been verbally abused using derogatory insults, whore’ (Escort/cam worker 35-44, CIS female) ‘Because people think they can get away with treating us like nobodies & police don’t care & tell us to move on & stop doing this’. (Escort, CIS male 18-24) ‘They know you are vulnerable because of the law so they think they can get away with it making comments like, ‘who are you going to tell whore’, or do you want me to call the police & tell your neighbours what you do’. (Escort/BDSM 35-44 CIS female)

32. HC: a way forward in addressing crimes against sex workers? • Can bring practical & progressive improvements in police response to crimes against sex workers/community relations • Offers a protection/safety focused policing model • Recognises sex workers rights to equality & non-discrimination, security of the person, police protection from violence & right to access justice • Makes use of established rights based HC practices • Some positive changes can be achieved within framework of quasi/criminalisation via HC BUT only so much can be achieved in such frameworks • Need to look beyond HC to decrim for more conducive regulatory framework to reduce violence (Beyer et al.2015; Amnesty International 2016; World Health Organisation 2014) • Not either/or

33. HATEWhorephobia!

34. The Merseyside Model Bringing justice to people in the sex industry Presented by: Shelly Stoops Changing Lives is the operating name of The Cyrenians, registered charity number 500640, and registered company number 995799, in England.

35. Origins of the red umbrella symbol

36. Who is involved? Partnership between Merseyside PCC, Merseyside Police Money from HO VAWG Stream until March 2020 Changing Lives commissioned by PCC Red Umbrella Service comes into being 1st Feb 2018 Changing Lives is the operating name of The Cyrenians, registered charity number 500640, and registered company number 995799, in England.

37. Key Objectives • To deliver a service to any individual within the sex industry; inclusive of people in survival sex work, sexual exploitation, street sex work, indoor sex work, online (e.g. cammers/adult film performers/escorts & erotic dancers) • Focus on combatting instances of violence/crimes/hate crimes committed against anyone in the sex industry and to bring to justice anyone perpetrating these crimes

38. Data on Violence Against Sex Workers (UK) (Cunningham et al. 2018) • 1990 – 2016: 180 homicides (110 work-related) • Main trends: increase in migrant sw’s & indoors/online

39. SWISVA: Sex Work Independent Sexual Violence Advisor • ISVA back in place • Support from report to court: holistic support • Bridge between SW’s and police • Influencing practice & training other services • Recognised as good practice • Influenced national quality standards • Replicated in 12 cities

40. Crimes Against Sex Workers Achievements: Reporting Increase • 23 crimes reported to police in year before service opened • 64 crimes reported Feb 2018 to Feb 2019 • Most common crime was rape • 1/3 stating hate crime

41. Crimes Against Sex Workers Achievements: investigating & prosecuting • Full time Police Sex Work Liaison Officer in place • Located in hate crime unit • 4 cases to court: all guilty • 3 scheduled before end of August 2019 • In addition: • 1 male wanted for rape (on run) • 2 awaiting charging decisions • 1 case arrest & ongoing investigation • 2 rape investigations ongoing • Sex workers becoming more integrated into hate crime policy and procedures • Active sex worker led advisory forum & sex workers volunteers: developing community involvement • As always much more work to do!!

42. Case Study 1: Historic Rape & Assault – Paul Cleary • Age 13 April 2007 assaulted & raped a woman working on street, he ran off she flagged a taxi who called the police. • Month later after 14th birthday: assaulted & raped another woman he stated “You dirty slag youse are all whores and you deserve what you get” • She reported to project ugly mugs and police • DNA was taken: matched DNA found on the first victims No match in the system. • 2009: arrested for other offences, DNA taken but a system failure meant it was not processed properly • 2017 age 27 he arrested again & link made. • 22nd October 2018 received 11 year sentence

43. Man who raped two sex workers as a boy is jailed - 11 years later (Liverpool Echo 22/10/18) • A man who raped two sex workers when he was still a boy was jailed - 11 years later • Paul Cleary, 25, punched and kicked his victims in vicious attacks carried out either side of his 14th birthday., the teen targeted the women just over a month apart in the Kensington area • Cleary first struck aged 13 on April 11, 2007,

44. Case 2: Stalking, Harassment, Revenge Porn, Arrest, Hand cuffs, police • Woman called police to report stalking • SWLO in routine daily search of system saw the log and that it involved someone working in escorting • Called and explained her role • SWLO investigated the case • Sentence • 5 year restraining order x 2 for her and partner. Not to enter her road. • 100 hours community service/order • 6 months curfew • 30 hours community payback • 5 year ban on social media or online means to trace victims family. • Destruction notice on phones & laptop.

45. LOST LIVES Julie Finley, murdered 1994-case unsolved Linda Donaldson, murdered 1988- case unsolved Sharon Lynch, murdered 1997-was solved but conviction was then found to be unsafe so now unsolved Victoria Gerard, murdered 2000- case solved Suzanne Kelly, murdered 2000- case unsolved Maxine Showers, murdered 2015 case solved Hanane Parry, murdered 2003 along with Pauline Stephen-case solved Pauline Stephen, murdered 2003 with Hanane Parry-case solved Anne-Marie Foy, murdered 2005- case unsolved Chantelle Taylor, murdered 2004, case solved

46. Q & A Thanks for listening! Michelle.stoops@changing-lives.org.uk Secure michellestoops@changinglives.gcsx.gov.uk Mobile ++447885458970