Understanding Sexual Violence in Sex Working Populations: Aggregate Survey Data, 2023

DOI

The data were collected across four different legal environments, with reference to legislation governing sex work and sexual violence: legalisation (Nevada USA) where legal brothels are permitted in 10 of Nevada’s 17 counties; client criminalisation (Northern Ireland) whereby following the Nordic model, paying for sexual services is now a summary offence with a maximum penalty of 12 months in prison; decriminalisation (New Zealand) where prostitution, including the operation of brothels is permitted subject to municipal regulation and partial criminalisation (England, Scotland and Wales) whereby the act of selling sex itself is not illegal, but laws have been drafted around a number of facets of sex work such as brothel keeping, soliciting, living of the proceeds of prostitution and so forth. The data files contains a Microsoft excel worksheet with 17 tabs – a contents page is provided on the first tab. The frequency data for the survey responses has been presented by question or topic. The full wording of the questions has been provided at the top of each of the data tables or the top of each of the tabs.Globally, the most important public health issue that sex workers face is their experience of high levels of violence (Kinnell 2006, 2008; Alexander, 1999) with a systematic review estimating levels of sexual violence 'between 15-55%' (Deering, A., et al, 2014). The marginalisation of sex workers leaves them vulnerable to victimisation and with restricted access to the criminal justice system (Amnesty International 2016). Repeat victimisation is common, as is significant under-reporting of crimes to the police (Ahrens 2006; Krusi, A., et al. 2014; Penfold, C., et al. 2004). Even when cases do get reported, sex workers often experience discrimination (Kinnell 2008, Sullivan 2004; Shannon and Csete, 2010). This has led to increased evidence-based calls to make violence against sex workers a public health and human rights priority on national and international policy agendas (Amnesty International 2016, WHO 2012). A detailed examination of the research and policy literature shows the issue of violence against marginalised sex working populations has been dominated by the 'politics of sex work', with violence often used rhetorically in battles over what overall legal model would best promote safety (Pitcher and Wijers 2014; Shannon et al 2004). In order to facilitate a more collaborative public health response, there is an urgent need for studies that document not only sex workers' experiences of violence, but also for comparative and peer-led research to better document and respond to the contextual factors shaping sexual violence against sex working populations and the interventions that best promote a sense of justice for victims (Connelly et al 2018, Platt et al 2018). In this research, we will explore how the legal boundaries of sexual assault and rape are constructed in practice (not just in abstract debates) and compare how criminal justice processes operate in different jurisdictions and in different contexts. This project will be the first international, comparative study to examine the contextual factors that shape sexual violence against sex workers, initiating a programme of research in New Zealand, the UK, Northern Ireland and Nevada, USA. Our aims are threefold: 1. Theoretical: to explore sex workers' experiences and prevalence of sexual violence against the legal norms and boundaries in each of the four legislative models, also examining the least investigated inflictions such as 'stealthing' (removal of condom). This will be operationalised across the four study locations through online surveys of sex workers on sexual violence, which will measure prevalence, experiences, understandings of the law, experiences with the police, courts and other agencies, support received and interventions, and outcomes of cases. 2. Empirical: to enhance what is known about sex workers' experiences of the criminal justice system by excavating new empirical data on how the system operates in different jurisdictions, looking at the impact of legislative models on how sexual violence is responded to, the impact of different settings and attrition, outcome, and conviction. This will be operationalised through case observations (n=5 per country, total 20) of sexual assaults which have gone through the criminal justice system, with analysis for characteristics, perpetrator, outcome, and conviction. 3. Practice-based: to facilitate the integration of best practice from review of what works regarding supporting victims into safety and health-related provision, policies and agencies, led by 'experts by experience'. This will be operationalised through interviews with practitioners, police, and criminal justice personnel (n=30 per country) to assess issues such as reporting, signposting, available resources, therapy, and criminal justice support.

This international, robust mixed methods study explores the frequency of sexual violence against sex workers, barriers in criminal justice and the legal consciousness of sex workers regarding their rights and consent. The hypothesis tested was that the safety of sex workers from sexual violence is mediated by the differing legal contexts of sex work environments. Researchers compared experiences across research sites in the context of: criminalisation (USA), legalisation (Nevada USA), partial criminalisation (UK), and decriminalisation (New Zealand). An international survey (n = 1,000) was translated into several languages, to disaggregate experiences by demographic categories (gender, ethnicity, sexual orientation) and sex work sector (including online, street-based and brothels). Interviews (n = 100) with sex workers, police, prosecutors and service providers were also conducted and thematically analysed to explore legal consciousness, why the patterns occur and contextualise the statistical findings. These data are supplemented with comparative legislative, policy and case analysis. Research study data are used to compare the social factors and legal norms shaping sex workers’ experiences of sexual violence, justice and support interventions.

Identifier
DOI https://doi.org/10.5255/UKDA-SN-857367
Metadata Access https://datacatalogue.cessda.eu/oai-pmh/v0/oai?verb=GetRecord&metadataPrefix=oai_ddi25&identifier=e65bf892be38b74986d73d8ae9aaa15f3792614ec339371958bb4e5b501485c2
Provenance
Creator Scoular, J, University of Strathclyde
Publisher UK Data Service
Publication Year 2024
Funding Reference ESRC
Rights Jane Scoular, University of Strathclyde; The UK Data Archive has granted a dissemination embargo. The embargo will end on 2 January 2025 and the data will then be available in accordance with the access level selected.
OpenAccess true
Representation
Resource Type Numeric; Text
Discipline Jurisprudence; Law; Social and Behavioural Sciences
Spatial Coverage United Kingdom; United States; New Zealand