Secretary of State for Justice v A Local Authority and others: disability and access to sex workers

2021 ◽  
Vol 72 (3) ◽  
pp. 596-604
Author(s):  
Martin F Regan ◽  
Kevin J Brown

This is a commentary on Secretary of State for Justice v A Local Authority and others, where the decision of the Court of Protection has been overturned by the Court of Appeal. The judgment has implications for (i) the article 8 and article 14 rights of those who lack capacity to arrange lawful sexual services; (ii) the criminal liability of their carers who are enlisted to assist with such arrangements; and, potentially, (iii) the ban on payment for sexual services in Northern Ireland.  

2021 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Elene Lam ◽  
Elena Shih ◽  
Katherine Chin ◽  
Kate Zen

Migrant Asian massage workers in North America first experienced the impacts of COVID-19 in the final weeks of January 2020, when business dropped drastically due to widespread xenophobic fears that the virus was concentrated in Chinese diasporic communities. The sustained economic devastation, which began at least 8 weeks prior to the first social distancing and shelter in place orders issued in the U.S. and Canada, has been further complicated by a history of aggressive policing of migrant massage workers in the wake of the war against human trafficking. Migrant Asian massage businesses are increasingly policed as locales of potential illicit sex work and human trafficking, as police and anti-trafficking initiatives target migrant Asian massage workers despite the fact that most do not provide sexual services. The scapegoating of migrant Asian massage workers and criminalization of sex work have led to devastating systemic and interpersonal violence, including numerous deportations, arrests, and deaths, most notably the recent murder of eight people at three Atlanta-based spas. The policing of sex workers has historically been mobilized along fears of sexually transmitted disease and infection, and more recently, within the past two decades, around a moral panic against sex trafficking. New racial anxieties around the coronavirus as an Asian disease have been mobilized by the state to further cement the justification of policing Asian migrant workers along the axes of health, migration, and sexual labor. These justifications also solidify discriminatory social welfare regimes that exclude Asian migrant massage workers from accessing services on the basis of the informality and illegality of their work mixed with their precarious citizenship status. This paper draws from ethnographic participant observation and survey data collected by two sex worker organizations that work primarily with massage workers in Toronto and New York City to examine the double-edged sword of policing during the pandemic in the name of anti-trafficking coupled with exclusionary policies regarding emergency relief and social welfare, and its effects on migrant Asian massage workers in North America. Although not all migrant Asian massage workers, including those surveyed in this paper, provide sexual services, they are conflated, targeted, and treated as such by the state and therefore face similar barriers of criminalization, discrimination, and exclusion. This paper recognizes that most migrant Asian massage workers do not identify as sex workers and does not intend to label them as such or reproduce the scapegoating rhetoric used by law enforcement. Rather, it seeks to analyze how exclusionary attitudes and policies towards sex workers are transferred onto migrant Asian massage workers as well whether or not they provide sexual services.


2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.


2016 ◽  
Vol 3 (1) ◽  
pp. 56-79
Author(s):  
Samantha Sommer Miller ◽  
Glenn Miles ◽  
James Havey

Research on prostitution and trafficking has largely focused on the exploitation of girls and young women. This research comes out of the “Listening to the Demand” two-part study by an independent research team on the sex industry in Phnom Penh, Cambodia. “Listening to the Demand” is a series of research exploring often over-looked populations in the anti-trafficking conversation, including men and transgender people. The first of the studies was completed in 2013 and focuses on men who purchased sex with female sex workers. Interviews of 50 Cambodian and 50 foreign heterosexual and bisexual males explored the respondents’ views and use of prostituted women in Southeast Asia’s sex industry. The second part of the research was completed in 2014 and focuses on men who purchase sex with men. In this second part of the project, 51 Cambodian and 23 foreign men who have sex with men were interviewed about their views of prostitution, the individual sex worker, and their experiences of Cambodia’s sex industry. Due to its comparative nature, the research seeks to deliver information on the differences in culture between the foreign and Cambodian men who seek to pay for sexual services. Results point to the need for proper sex and gender education as well as different approaches when planning projects to reach out to men purchasing sex. In gaining a deeper knowledge of the beliefs and behaviours among the demand population, the findings suggest more holistic approaches are needed to combat the exploitation of sexual services in Cambodia.



This chapter shows that feminist debates over sex commerce extend to a number of social practices, including pornography, prostitution, trafficking in persons, and the use of sexual images of women to promote products and entertainment. The chapter establishes that feminist theorists are divided on the question of whether markets in sexually explicit materials and sexual services are generally harmful to women. Accordingly, some feminist scholars have explored and developed arguments for restricting sex markets, while others have investigated political movements that aim to advance the rights of sex workers.


2021 ◽  
pp. 126-150
Author(s):  
Michael J. Allen ◽  
Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the meaning of negligence, arguments for and against negligence as a basis for criminal liability, the meaning of strict liability, the origins of and justifications for strict liability, the presumption of mens rea in offences of strict liability, defences to strict liability, and strict liability and the European Convention on Human Rights. The feaeture ‘The law in context’ examines critically the use of strict liability as the basis for liability in the offence of paying for the sexual services of a person who has been subject to exploitation.


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