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Le Bail et al's “What do sex workers think about the French Prostitution Act?” (2019)
“What do sex workers think about the French Prostitution Act?” [PDF]
The legislation adopted in 2016, inspired by the Swedish legal framework, sought to end prostitution via criminalising clients rather than sex workers. However, despite the stated aim of the law to protect sex workers, the majority of the sex workers we interviewed reveal that the criminalisation of clients has in practice been more detrimental to themselves than the previous laws against soliciting.
The vast majority of those interviewed reported that they have far less control over their working conditions as the number of clients has diminished since the new law came into effect. The impact was even felt before the application of the new law, due to the mediatisation of this issue during parliamentary debates. For these reasons, those interviewed were almost unanimously opposed to the criminalisation of clients.
This study revealed a clear discrepancy between the national policy of ‘protection’ of sex workers and the local policies that continue to focus on the repression of sex workers. At a local level, with the aim of maintaining public order, municipal bylaws and regular identity checks aimed at sex workers mean that they are still more often criminalized than their clients. Although some interviewees indicate that they have good relationships with the police, most often the police are not seen as a source of protection. Sex workers often told us about episodes of intimidation by the police including being pressured to report clients and, if undocumented, threatened with deportation if they do not comply.
Although most sex workers have nevertheless continued their activity since the new law, their working conditions have severely deteriorated.
Contrary to claims that the new law, by decreasing demand (clients), would also decrease supply (sex workers) interviews conducted with organisations show that there has been no decrease in the numbers of sex workers. The law has had a detrimental effect on sex workers’ safety, health and overall living conditions. The law has had a negative impact on their autonomy as workers, on the risks they may be willing to take, and on social stigma and financial hardship. Almost all sex workers and each of the organisations interviewed noted a shift in the power relationship between sex workers and their clients, as clients feel more entitled to impose their conditions (i.e. unprotected sexual practices, reduced prices, unwillingness to pay, etc.), seeing themselves as the ones taking the risk with regards to the law. It has led to increased impoverishment, especially among people already living precariously, namely undocumented migrant women working in the street. 62.9% of respondents in our quantitative survey said that their overall quality of life has deteriorated since April 2016 and 78.2% said that their earnings have decreased. Generally, the law has pushed sex workers to operate under more risky conditions with dangerous implications for their health. Many interviews highlighted a worrying decrease in condom use as well as increased difficulties continuing treatment for those who are HIV positive. Stress created by worsening working conditions causes various psychosomatic health issues from consumption of alcohol, tobacco and other drugs, to depression and suicidal thoughts. The results of the qualitative survey also reveal that cases of violence, of all kinds, have increased: insults in the street, physical violence, sexual violence, theft, and armed robbery in the work place. Impoverishment, increased health risks and increased exposure to violence form a vicious circle.
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