Trafficking in human beings for sexual and other purposes - Polisen

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3. Criminal Development203.1.6 Purchase of sexual servicesThe Act (1998:408) concerning the prohibition of thepurchase of sexual services came into force on 1 January1999. The legislation was implemented, accordingto the Women’s Safety Bill, to prevent and combata serious social problem that “leads to serious harmfor both the individual and society” and to highlightto other countries what the Swedish approach is toprostitution. The purpose of the legislation was tomake it easier for the police to intervene against existingprostitution businesses and to prevent the establishmentof foreign criminal networks in Sweden, butalso to discourage people from purchasing sexual services,thereby implying a reduction in the number ofpeople involved in prostitution. 17This clause means that there is a ban on procuringa casual sexual service in return for payment. In conjunctionwith the sexual crimes reform in 2005, theSex Purchase Act was repealed and replaced by a newpenalty clause – Purchase of Sexual Services – Chapter6 (Sex Crimes). § 11 of the Penal Code. This clausemeans that there is a ban on procuring a casual sexualservice in return for payment. The penalty tariffwas originally a fine or imprisonment not exceedingsix months, but on 1 July 2011 the maximum penaltywas made more severe and became imprisonment forone year. The aim of making the penalties moresevere was to create scope for a more nuanced assessmentof the penalty tariff in serious cases of purchasingsexual services. 18Apart from persons procuring casual sexual relationsin return for payment, the clause also covers anyonetaking advantage of casual sexual relations thatsomeone else has paid for. The attempted purchase ofsexual services is included in this ban. The term sexualrelations is primarily used to mean intercourse butother sexual acts are also covered by the ban.17 Women’s Safety, Bill 1997/98:55.18 Swedish Government Bill 2010/11:77 Stricter penalty for thepurchase of sexual services.In April 2008, the Swedish government passed a resolutionconcerning a directive for an enquiry into theapplication of the ban on the purchase of sexual servicesand its effects. Anna Skarhed, then Justice ofthe Supreme Court, was appointed special investigator.The purpose of that enquiry was to investigatehow the clause was working in practice and whatimpact the ban had had on the incidence of prostitutionand human trafficking for sexual purposes inSweden. The starting point for the enquiry was thatthe purchase of sexual services would continue to becriminalised. 19In July 2010, Chancellor of Justice Anna Skarhedsubmitted the enquiry’s report to the government. 20The enquiry established that neither street, indoor oron-line prostitution in Sweden had increased sincethe introduction, unlike the situation in comparablecountries such as Denmark and Norway. Just as theSwedish National Police Board stated in previous situationreports, the enquiry underlined the fact thatthe ban on the purchase of sexual services acts as abarrier to the establishment of organised criminalnetworks involved in such crimes in Sweden. Theenquiry also confirmed that the ban has a deterrenteffect on sex-purchasers, and that the ban has strongsupport in Sweden. The enquiry finally concludedthat criminalisation had not adversely affected thepersons being exploited in prostitution. Thus, theenquiry indicated that the ban on the purchase of sexualservices has had the intended effect and that it isan important instrument in preventing and combatingprostitution and human trafficking for sexualpurposes.19 Dir 2008:44 Evaluation of the ban on the purchase of sexualservices.20 Ban on the purchase of sexual services An evaluation 1999-2008 (SOU 2010:49).
3. Criminal Development21During the period 2008-2011, there have been 2581reports of purchases of sexual services. 21 The majorityof these reports were received by the police authoritiesin the counties of Stockholm, Västra Götalandand Skåne. The reports concerned men with Swedishor foreign backgrounds who purchased sexual servicesfrom women and men. The majority of the victimswere women aged 18-25 years, who often found themselvesin a very vulnerable situation. The policeauthorities in metropolitan counties collaborate withthe social services’ prostitution teams in all casesinvolving prostitution and human trafficking for sexualpurposes. All victims are offered support sessionswith specially trained staff from the social services’prostitution teams and are also informed about howto get in touch with the police if they should run intodifficulties. In addition, the persons reported for purchasingsexual services were given the opportunity tomake contact with local KAST-groups for purchasersof sexual services. 22 When a person can justifiably besuspected of crimes that can lead to imprisonment,the police have the opportunity to take DNA samplesthrough DNA cheek-swab tests 23 . The results of theseswab tests may in some cases be used in future criminalinvestigations, such as in the case of suspected sexcrimes.During the period 2008-2011, 1200 people wereprosecuted for the purchase of sexual services. Thegreat majority of people reported for purchasing sexualservices admit the crimes and therefore have toaccept an order of summary punishment. 24 To date,no one has been sentenced to imprisonment, but severalpeople who purchased sexual services have beengiven suspended sentences, often in conjunction withcases of human trafficking or procuring.YearPurchase of sexualservices – reportsPurchase of sexual services– prosecutions/rulings2008 187 69/192009 352 107/202010 1277 336/642011 765 450/135Statistics – National Crime Prevention Council (BRÅ) 2012When the ban on the purchase of sexual services cameinto force in 1999, there was speculation that the policeauthorities would face difficulties in applying the legislation.That has not been the case. The enquiry concerningthe effects of the law on the purchase of sexualservices showed that police and prosecutors nowbelieve that its application is working well, but that itseffectiveness depends on access to resources and thepriorities that are set within the judicial system.3.2 Human trafficking for other purposesThe clause on human trafficking in the Swedish PenalCode 25 can also be applied in situations in which thevictim is exploited for active military service, for theremoval of organs, for forced labour or some otheractivity in a situation which causes distress to the victim26 . A Gothenburg District Court judgement states21 The Swedish National Council for Crime Prevention statistics.Purchase of sexual services, 1 January 2008-31 December2011.22 KAST (Köpare Av Sexuella Tjänster [Eng: Purchasers of sexualservices]) groups are located in Stockholm, Gothenburgand Malmö. These groups motivate potential and active sexpurchasers to take responsibility and change their behaviour.23 Chapter 28, §§ 12 a and b, Swedish Code of Judicial Procedure(RB).24 An order of summary punishment has the same effect as a sentenceand is entered on the criminal record. The difference isthat the prosecutor does not bring a case, nor is there any trial.(Swedish Prosecution Authority, 2012).25 Chapter 4 § 1 a of the Penal Code.26 The term “distress” is used here to refer to the fact that the victimis prevented from freely making decisions about his or herown actions or finds him- or herself in a really serious predicamentwhich is not coincidental or transient. Swedish GovernmentBill 2009/10:152 Förstärkt straffrättsligt skydd mot människohandel[Enhanced protection in criminal law againsthuman trafficking], page 21
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Annex 4 - Reported offences in 2011
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