Sex worker 'terrified' by plans for new prostitution law

David Wallace Lockhart
Scotland correspondent
Getty Images Woman leaning against a car at night - she is presumably speaking to someone through the window but her head is not shown Getty Images
If the new bill becomes law, it would become an offence to pay for sexual services

At 17-years-old, Alice (not her real name) was sacked from her job in a call centre.

Her home environment was difficult. She had no CV and few employment options.

A friend had been involved in sex work and had made "a lot of money". Alice decided to go down a similar road.

Now in her 30s, she's still involved in sex work, though she balances it with other job opportunities.

But Alice believes a potential change in the law in Scotland will make her "terrifyingly" unsafe.

Alba MSP Ash Regan is introducing a bill that would make it an offence to pay for sexual services. It's an approach often referred to as the "Nordic Model".

The former SNP leadership candidate argues that challenging men's demand for prostitution will help to protect women.

Regan says that "buying sexual access to a human being is a form of male violence", and she's determined to see the law reformed.

As things currently stand paying for sex is not illegal in Scotland.

But some activities which are sometimes connected– such as running a brothel, loitering in a public place to buy or sell sex or persuading someone to take up prostitution – are against the law.

Regan also wants to see women involved in selling sex offered "exit alternatives" and a legal right to support. And she wants to see any previous convictions for soliciting repealed.

But these proposals have split those who want to keep sex workers safe.

Alice explains that the internet has changed the landscape for what she calls "full-service sex workers" (people who exchange sex for money).

She says there are now more opportunities for those selling sex to "screen" potential clients.

This can involve asking to see photo ID before meeting a client, asking for a link to their social media or even requesting references from other sex workers.

It's not a failsafe process, but it can help to check whether people are who they claim to be.

But she is concerned about the potential change in the law in Scotland.

Blurred silhouette of "Alice" with Glasgow's Armadillo venue outside the window
"Alice" feels that under the new law clients would be more "dangerous"

Most of Alice's unease around the bill revolves around safety. She insists "there's a difference between good clients and bad clients".

If buying sex is criminalised, then she fears that the "good clients" will disappear and "you'll just be left with people who don't care about you as they don't care about breaking the law".

"I would assume that anyone who doesn't care about breaking the law is more likely to be dangerous", she says.

She worries that a change in the law would make screening clients harder, as anyone who's still willing to buy sex illegally won't be willing to share their details.

Alice argues that all these factors combine to mean that Ash Regan's proposals would make her "terrifyingly" less safe.

"My body would become a crime scene, wouldn't it? So why would I go to the police? I wouldn't even go to the police now," she says.

Alice believes that further decriminalisation is what would ultimately make her safer, providing her with more protections and enabling a better relationship with the police.

But Regan's proposal is to offer a route out of sex work for someone like Alice. Is that a prospect that appeals to her?

Alice is sceptical.

She thinks this sounds like swapping sex work for a minimum wage job, which she says "doesn't really change why people end up choosing to do sex work in the first place".

PA Media Ash Regan MSP in the Scottish parliament. She is wearing a blue jacket, white blouse and gold ear rings. She has long reddish hair and is smiling. the background is out of focus.PA Media
Alba MSP Ash Regan says buying sex is a form of male violence

Ash Regan is unwilling to tolerate the status quo.

She argues that it's fundamentally "a system of exploitation and violence" that affects the most vulnerable women in society.

The Alba MSP describes her bill as "a departure from the failed approach of decriminalising the sex trade without addressing the root cause and consequences of commodifying human beings: demand."

The most effective way to do this, she argues, is to criminalise those who are paying for sex.

She's promised to "confront the injustice of commercial sexual exploitation head-on." And she has the backing of a number of women's groups in doing so.

However, there's also a campaign that's been specifically set up to oppose her proposals, with sex workers stressing safety concerns.

The debate about how to legislate with regards to selling sex is a contentious one.

Even the term "sex worker" is rejected by some, including Regan.

This all highlights how sensitive this debate could become, with different camps passionately believing that their own approach is the right one.

And every person involved in this world will have their own unique story and set of circumstances.

It's rare to have someone like Alice willing to do an interview and speak so frankly – but she does not speak on behalf of every sex worker in Scotland.

Regan has the support of other individuals who have previously been involved in sex work.

If her bill was to become law, Scotland would not be the first place in the UK to criminalise the buying of sex.

It has been a crime to pay for sex in Northern Ireland since 2015.

A 2019 independent review by Queen's University Belfast found that the law did not appear to have the desired effect.

Despite a tightening up of the law, sex workers reported increased demand for their services and it found that more sex workers were advertising online.

Researchers added that sex workers felt "further marginalised and stigmatised".

The report concluded that the change in the Northern Irish law had "minimal effect on the demand for sexual services."

But there are those – like Ash Regan – who believe that reform can quash demand, make women safer, and provide alternative employment opportunities.

This debate could ultimately go nowhere in the foreseeable future.

With a Scottish election due in 2026, bills that don't complete their parliamentary journey in that timeframe will fall by the wayside.

Opposition towards this bill remains. And MSPs will now have to think about where they stand on this issue, if they haven't done so already.

Its biggest obstacle could yet be time.