Police Scotland backs bill to criminalise buying of sex

Ash Regan

Ms Regan’s members bill would make buying sex a criminal offence, with those convicted facing fines of up to £10,000 and possible jail sentence.

If it becomes law it would also quash the convictions of prostitutes who have previously been convicted.

In their response to the bill, the Specialist Crime Division of Police Scotland wrote: “Police Scotland are fully supportive that buying sex is a form of exploitation and should be covered by law.”

A spokesperson for the force confirmed this means they support criminalising sex buying.

Ms Regan’s bill also proposes to repeal parts of decades-old legislation that criminalises prostitutes for “loitering, soliciting or importuning in a public place”.

Police Scotland said in a statement: “We understand that people sell sex for a number of reasons and that some will need to sell sex in order to survive.

“We understand that the majority of those that sell sex can be very vulnerable and most at risk of violence and therefore should be signposted for support, if required, rather than being criminalised.”

In regard to Regan’s proposal to quash historic convictions, they wrote: “We understand that people who have convictions under s46 [the relevant law] can be impacted in a number of negative ways, including securing employment. This can be counterproductive in trying to assist people who are ready and looking to exit from prostitution.”

Ms Regan said: “Police Scotland’s unequivocal support for criminalising the purchase of sex, core to my Unbuyable bill, is a landmark moment in Scotland’s efforts to tackle commercial sexual exploitation.

“Their response confirms what survivors, women’s organisations and international evidence have long told us: buying sex is a form of exploitation and must be criminalised. I particularly welcome Police Scotland’s recognition that those exploited in prostitution are among the most vulnerable in society and should be supported to recover, not criminalised. Their full support for quashing historic convictions and placing a statutory duty on ministers to provide support shows a clear understanding of the urgent need for this bill.

She added: “Police Scotland also highlighted the dangerous gap in the law when it comes to policing off-street sexual exploitation that my Unbuyable bill directly addresses. Weak and inconsistent laws do not help the police to keep us safe.

“Only by making it clear that Scotland will no longer tolerate the organised exploitation of the sex trade can our police have the powers they need to protect the vulnerable in prostitution.

“The Scottish Parliament must now listen to the evidence, respect the voices of survivors and act decisively to end the demand that drives prostitution and trafficking. With survivors, frontline services, international precedent and now Scotland’s police force behind this bill, the case for change could not be stronger.”