Guest post by Dr Calum Bennachie in response to Samantha Berg’s article “From Norway to New Zealand, pro-prostitution research is its own worst enemy” on Feminist Current, a Canadian blog created by Meghan Murphy.
In her article, Berg claims the number of street-based sex workers in Auckland had increased following the decriminalisation of sex work. In the following, I respond to her claims.
Berg, like Melissa Farley and others, deliberately read the information out of context. In her introduction, she cites Adolf Hitler’s Mein Kampf:
“For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying.”
Yet, this is exactly what she is doing. Or perhaps it’s because she did not know how to read a report. The report clearly states:
2.3.2 2007 Re-estimation
A second estimate of the size of the sex industry in the five locations was carried out in 2007. For most centres, the same techniques as those used in 2006 were again employed. However, as noted above, in 2006 Auckland outreach workers did not include street-based workers known to be working but not seen on the nights counts were done. In 2007, the count in Auckland was conducted in the same manner as the Wellington and Christchurch counts in 2006 (and again in 2007).
2.3.3 Auckland Results
The increase in numbers of street-based workers in Auckland in 2007 can be partially explained by the different methodologies used to estimate numbers of street-based workers in 2006 and 2007. However, the CSOM study also notes that the Auckland outreach workers had seen an increase in the number of sex workers on the street in the six to eight months prior to June 2007. The Auckland NGO ‘Streetreach’ report an increase in street-based sex workers in Auckland between August and November 2007 (Streetreach, 2007).
In the 2006 count, outreach workers in Auckland only included those who were working on the street during that period. In the 2007 count, they included all people who had worked on the streets in the preceding 12 months. Furthermore, the Committee continually asked Streetreach to provide evidence of their claims of an increase, yet they could not.
Perhaps she should also have read the following.
2.6.4 Claims that Numbers Have Increased
The Committee is aware of reports claiming the numbers of sex workers, and in particular street-based sex workers, have increased as a result of decriminalisation. Addressing these claims forms a substantial part of this chapter. Often, the increases have been reported in general terms, based on impressions, rather than citing actual numbers. One exception is the claim that the numbers of street-based sex workers in Auckland increased by 400% as a result of decriminalisation. This claim cannot be substantiated, and was not based on systematic or robust research.
The figure of a 400% increase has been re-reported several times, demonstrating the ease with which opinion can be perceived as ‘fact’. In his speech to the House during the second reading of the Manukau City Council (Control of Street Prostitution) Bill, Gordon Copeland MP attributed the report of a 400% increase to the Maori Wardens’ submission on the Bill in 2006. The Maori Wardens may have been influenced by an article in the NZ Herald in 2005 in which Mama Tere Strickland was reported to say, ‘Numbers have quadrupled since that Bill [Prostitution Reform Act]’ (New Zealand Herald, 2005).
A 400% increase in the numbers of sex workers was predicted prior to the passage of the PRA, and was also claimed in relation to the law reform in New South Wales. This may be the original source of the idea that numbers of sex workers will, or have, increased by such a margin as a result of law reform. Officials advising the Select Committee were unable to find any statistical evidence to support the claim. In addition, the Select Committee noted that ‘there may appear to be a growth in the industry because it becomes less hidden in nature’ (Select Committee, 2002).
In the Committee’s first report, the number of street-based sex workers in Auckland was estimated to be 360 (PLRC, 2005). An increase of 400% would mean there would now be 1,440 sex workers on Auckland’s streets. The Committee considers that the research undertaken by the CSOM conclusively refutes an increase of this magnitude, with the 2007 figures estimating the number of Auckland street-based sex workers at 230.
The figure of 360 for central Auckland that was published in the 2005 report comes from police records and counts, not merely arrests or anecdotal evidence. There were also 150 recorded in South Auckland, in the Counties Manukau policing District. That gives a total of 510 street based sex workers in the Auckland region prior to decriminalisation in 2003. Sometimes abolitionists say that the drop from 360 to 230 is an impossible reduction in street based sex work (let alone a drop from 510 to 230). Firstly, as the report admits, the police figures were cumulative, and so included people who may have moved to another city, or who may have left sex work (yet somehow the police deemed it necessary to continue to keep their name and link it with sex work). Secondly, with decriminalisation, the register the police insisted on keeping was no longer required, and as a result, a large number of street based sex workers began to work indoors as there was no fear that the police would be holding their details.
There does appear to have been a trend of movement from the managed sector to the private sector post-decriminalisation. In 1999, the managed sector comprised 62 per cent of the sex worker population in Christchurch and the private sector 10 per cent. The proportions in 2006 were 51 per cent and 23 per cent respectively. These differences were significant, with workers in Christchurch less likely to be working in the managed sector in 2006 (RR: 0.82; 95 per cent CI: 0.72–0.93) and more likely to be working in the private sector (RR: 2.36; 95 per cent CI: 1.64–3.38) than in 1999. (Abel, Fitzgerald & Brunton, 2009: 524).
There are claims that the Committee was biased because of who was on it. While it did contain three nominees from NZPC – one of who was a noted criminologist from Victoria University of Wellington – and two representative of operators, the Chair was a former Police Commissioner who had worked on the vice squad, and other members included representatives from ECPAT and Streetreach, a Catholic nun working with the homeless and vulnerable, as well as members from the Ministry of Health, and the Ministry of Local Government who were not necessarily supportive of decriminalisation. Yet abolitionists fantasise that all members supported decriminalisation, and specifically tailored the report to reflect this. This is clearly not true. What is true is that some of the committee members, after reviewing the fact based evidence changed their opinions from being against decriminalisation to being in favour of decriminalisation.
But of course, whatever is said to prove them wrong, the abolitionists, who never talk with sex workers on a daily basis, don’t know their lives, don’t know why they work, or why they work in a particular area of sex work, who don’t accept that for some people sex work is a stabilising influence on what may be an unsettled and chaotic life, will point a finger and go “Ahah! but the report must be wrong because …”, and prefer to continue their own fantasy rather than be struck in the face by reality.
So I ask Samantha Berg, why do anti-sex work campaigners have to lie? Why do they ignore evidence based research, and instead have to fantasise about non-existent issues or make things up that just don’t exist? And how did the abolitionists come up with the often repeated figure “40,000 people trafficked” to **[name of sporting event]**? What evidence do they have to back up their claims? Where is the evidence to support the claims of the abolitionists?
Abel, G., (2010). Decriminalisation: A harm minimisation and human rights approach to regulating sex work. A thesis submitted for the degree of Doctor of Philosophy of the University of Otago, Dunedin, New Zealand. Christchurch: Author.
Abel, G., Fitzgerald, L., & Brunton, C., (2007). The Impact of the Prostitution Reform Act on the Health and Safety Practices of Sex Workers: Report to the Prostitution Law Review Committee. Christchurch: Christchurch School of Medicine.
Abel, G., Fitzgerald, L., & Brunton, C., (2009). The Impact of Decriminalisation on the Number of Sex Workers in New Zealand, Journal of Social Policy, 38, 3, 515–531.
Prostitution Law Review Committee, (2005). The Nature and Extent of the Sex industry in New Zealand: An Estimation. Wellington: Ministry of Justice.
Prostitution Law Review Committee, (2008). Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003. Wellington: Ministry of Justice.