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SEX WORK AND THE LAW - HIV/AIDS Data Hub

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According to the Empower Foundation, punitive police practices include intimidation,<br />

entrapment, raids, rescues and crackdowns: 564<br />

Intimidation<br />

In order to prove the crime of prostitution police must either have an admission of<br />

guilt or evidence that sexual services have been exchanged for something of value.<br />

It is common for police to claim that simply being in an Entertainment Place or having<br />

possession of condoms is valid evidence of prostitution. They use harsh language and<br />

bullying tactics to intimidate sex workers into accepting guilt and either paying a<br />

bribe or a fine according to the agenda and honesty of the police officer.<br />

Entertainment Place owners and workers all must make regular payments to corrupt<br />

authorities, including police. These payments do not provide protection against arrest<br />

as such but promise assistance in times of trouble. However police still must produce<br />

arrests to show they are doing their job. It’s not uncommon for them to request sex<br />

workers to volunteer to be arrested and in some bars there is a roster of who will be<br />

arrested when.<br />

Sex workers working outside Entertainment Places are frequently targeted by police<br />

using local or provincial regulations, e.g., arresting sex workers on the beach for<br />

‘bothering tourists’.<br />

Generally around 30,000 sex workers a year are charged under the Suppression and<br />

Prevention of Prostitution Act in Thailand.<br />

Entrapment<br />

The other method authorities use to establish enough cause for arrest or extortion<br />

is entrapment. Police will meet the sex worker as a customer. Police collects verbal<br />

confirmation of the sale of sexual services and pays in advance with ‘marked’ money.<br />

He then arrests the worker plus/minus support staff and they either pay a bribe or a fine<br />

according to the agenda and honesty of the police officers. Sometimes entrapment<br />

is carried out to collect enough cause to raid the premises to make multiple arrests<br />

called a raid.<br />

Raids<br />

Raids occur whenever there is a change in the top administration officials, e.g., a new<br />

Police Director, a new Governor, etc. Raids may also occur if an Entertainment Place<br />

owner is not compliant with corrupt police. In addition a raid may occur in response<br />

to suspected human trafficking.<br />

A raid is a violent terrifying event where fifty or more armed police often accompanied<br />

by media, arrive at an Entertainment Place around 11pm. Police seal off the doors, rush<br />

in and proceed to apprehend all women on the premises. Support staff, managers<br />

and rarely owners may also be apprehended. If the purpose of the raid is extortion<br />

bribes will often be paid at the premises and workers released.<br />

Otherwise the workers are taken to a local police station where they are investigated<br />

and processed under various laws and policies. Most commonly workers with Thai<br />

identity documents will be charged with associating for the purpose of prostitution,<br />

564 Submission to UNDP, December 2011.<br />

160

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