Input to UN Special Rapporteur on Violence Against Women and Girls
Letter to the UN Special Rapporteur on Violence Against Women and Girls
The Jerusalem Institute of Justice (JIJ) expresses its appreciation for Ms. Reem Alsalem's October 2024 Position Paper on exit programs for women in prostitution and submits input for her forthcoming UN report on sex-based violence. Israel's adoption of the Abolitionist/Nordic Model in 2018 marked a regional milestone in combatting prostitution, criminalizing the purchase of sex while supporting rehabilitative programs for victims. Despite increased public awareness and legal frameworks, enforcement remains weak, with online exploitation rising. JIJ urges stronger penalties, educational programs, and regulatory measures to combat the industry’s digital shift. It also calls for UN-led data analysis and a global exchange of best practices.
January 30th, 2025
Dear Ms. Reem Alsalem,
We deeply appreciate your October 2024 Position Paper on lessons learned from the
implementation of exit programs for women in prostitution. In support of your forthcoming report
to the UN Human Rights Council on new frontiers and emerging issues of the forms of sex-based
violence against women and girls, the Jerusalem Institute of Justice submits this input concerning
the rights of prostituted women and girls in Israel.
On December 31, 2018, the Israeli Knesset officially adopted the Prohibition on Consuming
Prostitution Act. This law is based on the Abolitionist/Equality/Nordic Model which has been
implemented by Sweden, Norway, Iceland, Canada, Ireland, France, the Republic of Korea,
Northern Ireland, and the State of Maine in the United States. In adopting this law, Israel became
the first state in the Middle East region to adopt the Abolitionist model for combatting the
exploitation of women and girls in the prostitution industry.
As a core member of the Coalition Against Human Trafficking and Prostitution, a task force of 20
Israeli civil society organizations, the Jerusalem Institute of Justice (JIJ) led the effort to develop
and promote this legal framework within Israel. JIJ remains engaged in the law’s implementation
as a provider of pro bono legal services for trafficked women and girls. In 2024, we provided legal
aid to 9 women and girls exiting the prostitution industry, securing their rights to housing, debt
relief, and lawful immigration status.
Israel’s Approach to Punishing Consumers of Prostitution
The Israeli version of the Abolitionist Model defines consumption of prostitution as a civil offense
for which violators can be fined 2,000 NIS ($500 USD) for a first offense and 4,000 NIS ($1,000
USD) for subsequent violations. Serial offenders can be fined as much as 70,000 NIS ($20,000
USD) and face possible incarceration. Crucially, the law assumes that any woman found inside a
brothel is a victim of exploitation, and a man found in a brothel is an unlawful consumer, regardless
of his claims to the contrary.
The law offers violators the option, instead of paying a fine, of attending a series of educational
sessions given by the Adult Probation Service, whose objective is to change the offender’s
perspectives on the consumption of prostitution. The law also provides funding for the
rehabilitation of victims, and obligates the Ministries of Social Services and Homeland Security
to report annually to the Knesset Constitution Committee regarding the law’s implementation and
its effect on the rehabilitation of and assistance given to prostituted people.
The Challenges of Implementation
In 2016, Israel’s Welfare Ministry estimated there were 11,420-12,730 prostituted people driving
the country’s 1.2 billion NIS ($318 million USD) industry. According to that report, 71% of
prostituted women said they entered the sex trade out of financial desperation, and 76% said they
would leave the industry if they could.
The Israeli version of the Nordic Model is a five-year temporary order, which entered full
enforcement status at the height of the COVID pandemic. The pandemic severely limited
government and civil society efforts to inform and re-train police and criminal justice professionals
on the new legal framework.
A 2024 study found that the new law’s mass media and public education programs had succeeded
in transforming the Israeli public’s perceptions of the prostitution industry. While a 2016 survey
found that only 39% of Israelis viewed prostituted women as victims of abuse and exploitation, by
2024, 72% of Israelis agreed with this principle, and supported efforts to punish sex buyers.1
Unfortunately, due to a lack of criminal enforcement of this new law, consumption of prostitution
in Israel increased from 7% to 9% during the study period of 2021-2024.2 As reported by Israel’s
Ministry of Justice, only 5,104 fines have been issued to consumers of prostitution since the new
law went into effect.3
In 2025, JIJ and our Coalition partners are fighting to make this law permanent. As occurred in
2018 before the law’s initial passage, we are facing pressure and harassment from pro-prostitution
lobby groups, which seek to reframe prostitution as an act of “empowerment” and mischaracterize
the work and membership of the Coalition.
We are also challenged by the prostitution industry’s movement away from street corners and onto
the internet, including social media platforms like OnlyFans, and encrypted messaging platforms
like Telegram, which pimps in Israel use to lure women and girls from Russia, Belarus, and
Ukraine.
Recommendations
During the 69th session of the Commission on the Status of Women, and the 59th session of the
Human Rights Council, we urge you to:
- Call for civil and criminal penalties for all who profit from the sexual exploitation of
women and girls, whether in person or online;
- Call for UN Women to initiate a comprehensive survey and data analysis on the
implementation of the abolitionist/equality/Nordic model and its effect on victims and
perpetrators;
- Promote the use of precise, survivor-centered terminology, including “prostituted
women and children” rather than “sex workers,” in UN reports, educational materials, and
policy discussions, as recommended in your 2024 Position Paper;
- Call for member states to adopt the following educational programs to change social
perceptions of the prostitution industry:
- Mandatory educational programs for law enforcement, social service providers,
and judicial authorities on the realities of prostitution, including its ties to human
trafficking and organized crime. These programs should align with international
human rights principles and survivor-led advocacy;
- Public education initiatives that challenge the myths surrounding prostitution
and highlight the realities of coercion, exploitation, and harm. This should include
school-based curricula addressing the vulnerability of young women and girls to
commercial sexual exploitation;
- Regulatory measures requiring digital platforms (including social media and
encrypted messaging services) to warn users about the criminal implications of
advertising and purchasing sex, and to implement stricter policies against content
promoting the exploitation of women and girls;
- Convene a side event on Countering the Sexual Exploitation of Women and Girls through
Prostitution, gathering representatives of the 8 UN Member States that have adopted the
Abolitionist/Equality/Nordic Model (Sweden, Norway, Iceland, Canada, Ireland, France,
the Republic of Korea, and Israel) for the purpose of sharing best practices and challenges
to implementation.
In support of these recommendations, the Jerusalem Institute of Justice will be happy to participate
and facilitate inputs from Israeli survivors, advocates, and service providers.
With appreciation,
Flavia Sevald, CEO
1 https://brookdale-web.s3.amazonaws.com/uploads/files/RR-009.0-24_Heb_Report.pdf
2 https://www.jpost.com/israel-news/article-809634
3 https://www.unwomen.org/sites/default/files/2024-10/a-79-322-submission-israel-en.pdf
Statement for the 67th Session of the Commission on the Status of Women
On this International Women's Day, we are proud to share an important discussion taking place today at the United Nations Commission on the Status of Women.
For over a decade, the Jerusalem Institute of Justice has worked tirelessly to end the sex trade in Israel. As part of this mission and as a member of the United Nations Economic and Social Council, we have submitted a written statement in support of the Commission's theme of "Innovation and technological change, and education in the digital age for achieving gender equality and the empowerment of all women and girls."
JIJ sees the great potential for innovation to further empower women and supports these developments. We must also acknowledge the risks posed by technological advancements, particularly the rise in prostitution facilitated by social media platforms. We are taking steps to combat this phenomenon through our "Project NOA", which promotes legislative initiatives and societal change.
We take this opportunity to appeal to the UN and nations globally to adopt the Nordic model which involves the decriminalization of prostituted people, the criminalization of purchasers and profiteers of sex, as well as education and support services for survivors. We are encouraged by the success of this model in Israel and are confident in its potential to protect vulnerable women and girls.
Please read JIJ's full statement here. Together, we can lead the fight on behalf of women and achieve true gender equality.
An appeal to the UN for Women's Rights
Article originally published at the Jerusalem post here
“Do not degrade your daughter by making her a prostitute, lest the land fall into prostitution and the land become full of depravity.” Leviticus 19:29
The fight for women's empowerment and equality is ongoing, and as we embrace technological advancements, we must remain vigilant of the risks that women face. The Jerusalem Institute of Justice (JIJ) calls for the United Nations Commission on the Status of Women to adopt the Nordic model in the fight against prostitution, as part of a broader strategy to tackle sex trafficking and prostitution in all its forms.
I am proud to lead an organization that for over 14 years, has been at the forefront of the battle against the sex trade in Israel. Developing policies, educating the public, and collaborating with communities and media platforms to promote the abolition of the sex trade. Our efforts have resulted in the adoption of the Nordic model in Israel, and today we urge the international community to follow suit.
As the 67th Session of the Commission on the Status of Women focuses on innovation and technological change, we must not forget the dangers that these advancements pose to women and girls. Internet prostitution has become a rising threat to their safety. Traffickers are increasingly using social media platforms like Facebook, Instagram, and Tinder as recruiting tools, driving the rise of prostitution. In Israel, Tinder is the most popular tool for finding persons engaged in the purchase and sale of sex.
Prostitution is a system that promotes violence, objectification, and degradation of women and men. The Nordic model fines those guilty of consuming prostitution, and it is classed as a civil offense. The law also provides education and support services to those in the sex trade. Decriminalizing the prostituted person acknowledges that the industry is not freely chosen, and that the prostituted person is the victim of economic and sexual exploitation at the hands of the procurer and buyer of sexual services.
This model's ultimate aim is to abolish the sex industry, and this can only be achieved by criminalizing the buyers of sex, as that will lead to a drastic reduction in demand. However, the evolution of internet prostitution requires governments to develop even more comprehensive strategy-based solutions to protect potential victims from predators. The Prohibition on Consuming Prostitution Act, passed by the Israeli Parliament in December 2018, presents a vision for a holistic approach that focuses not only on prohibiting paying for sex but also on educating the public about the dangers of the sex industry and by providing the opportunity for rehabilitation through governmental funding. The law also offers educational group sessions for the buyers aimed at changing their opinions and curbing recurrent infractions.
The Israeli law offers a blueprint for other countries to follow in the fight against prostitution. The rise of online prostitution through platforms like Onlyfans, which has emerged as the top platform worldwide for creators to sell erotic content, must be stopped. Masked as a social network that sells content and art, Onlyfans is just a simple way for sex to be sold for money on the internet. A third of users advertising explicitly sexual images on Twitter are underage.
The fight for women's rights and dignity is an ongoing battle that requires continuous effort and innovative strategies to overcome the challenges posed by technological advancements. The Jerusalem Institute of Justice's global call for the adoption of the Nordic model in the fight against prostitution and sex trafficking is a step in the right direction. It is time for governments worldwide to take action and work towards abolishing the sex industry and protecting the human rights of all individuals from violence, objectification, and exploitation.
Flavia Sevald, CEO
Jerusalem Institute of Justice
Prostitution and Rehabilitation
Can we welcome the closure of the strip clubs while the women are thrown to the street?
Closing strip clubs is an important step, but as is common here, only half the job has been done!
Article by Tzipi Sa’ar translated from Hebrew 19.02.2020 12:13, Haaretz newspaper.
The closure of strip clubs in Tel Aviv is great news. We are finally recognizing that buying a woman’s body for sexual purposes is an act that disgraces women and is a phenomenon that should be eradicated from this world. At the same time, it is impossible to ignore that, as is common here, only half the work has been done. The clubs were closed, but the women working there were offered no professional retraining or alternative livelihood as options. As a result, some of the women, although supporting the closure of the clubs in which they worked, also protested these very closures.
We cannot and must not ignore their voices. This does not mean that stripping should continue, but that eliminating this practice must be accompanied by adequate steps in favor of the women who happened to get trapped into such reality.
First of all it should be clear: as long as there is legitimacy for a situation where a woman’s body, or parts of it, are currency or a commodity for a merchant, it is impossible to fundamentally change the existing culture that, in this context, may move within a range between objectification - to rape- or even to murder by a spouse. A commodity is considered property that is owned and this “ownership” by men - of women - fundamentally underlies the ills noted here. According to this twisted logic, a woman who wants to leave her spouse violates his “property rights”. This conflict sometimes, in extreme cases, ends in the murder of the wife.
As for stripping, to a large extent, it is nothing but prostitution in disguise. In a discussion in the Knesset’s Committee of the Promotion of Woman Status, a survivor of prostitution testified stating, “Stripping is like a teaser for advertising prostitution. Because whoever likes the dancer is allowed to take her to a private room and, for a fee, gets a sexual service there. You feel as if you are in a store with price tag on you. Those who are better dancers, of course, have a higher price tag.”
According to a document submitted to the committee, “For many young women, strip clubs serve as the gateway to the world of prostitution. While lap-dancing on a customer’s knees in the back rooms or at other locations within the strip club, the young women are required to satisfy their clients’ sexual needs and demands. They also must allow the customer to touch their body parts. To cope, they detach themselves from who they are, from their consciousness, and in particular from their feelings about what happens with their bodies. Strip clubs serve as a cover for brothels, where sexual acts - complete or partial - between clients and women are performed under the auspices, encouragement and support of club owners who in this manner make fortunes.”
The Jerusalem Institute of Justice (JIJ) research has shown similar findings as well. A JIJ position paper cites Judge Michal Agmon Gonen, who imposed a ban on the operation of strip clubs in the Ramat Gan Stock Exchange area, as stating that strip clubs are an integral part of the sex industry. The study further says that, while hiding behind different phrases, for all intents and purposes, strip clubs operate as brothels and the only difference between the two seems to be the social approval of the strip clubs in contrast to the disgrace that brothels carry.
The judge wrote, “Strip clubs are used to systemically hurt women and the difference from brothels is definitely artificial.” This contrived difference needs to be eliminated. One can also hope that more and more men will understand what stripping really is and reject, for example, an invitation to a “bachelor party” with a stripper. In this spirit, and with an administrative warrant, the police closed three strip clubs in Tel Aviv last month. They were following the instructions of former state attorney Shai Nitzan which include a definition of lap-dancing as a form of prostitution and therefore clubs allowing lap dancing are operating a brothel which is a criminal offense.
But what about the argument of some women who engage in stripping, and even prostitution, who say they engage in these activities voluntarily? Well, here we have compelling data regarding the personal harm to prostitutes that is impossible to ignore: the early age of entry into prostitution (14), the high rate of women in prostitution who were victims of childhood sexual abuse (about 90%), the horrendous short life expectancy of women in prostitution (40 years), and more.
Still, some would say, “Who authorized you to decide for other women what is good for them? And what about those women who do it voluntarily?” Well, we accept that among women in stripping and maybe even prostitution there are those who choose it freely, however, these examples represent a very small minority. When the harm of “freedom of occupation” is compared with the bitter and harsh fate of the vast majority of women trapped in stripping and prostitution - it is clear what decision is needed to be made.
As a comparison, there are other forms of restricted behavior. There are some individuals who would choose to sell a kidney on the black market to support their family or to cover a major debt. Society draws a red line here and says this activity is not moral and is therefore not allowed. The fact that society does not generally draw a similar red line in the context of a sex sale is simply an indication of a moral failure and an issue that requires redress.
After all the above, under no circumstances should women in prostitution or stripping be abandoned to their fate. These welcomed changes in law and enforcement must be accompanied by comprehensive and practical programs designed to help these women find alternative ways to make a living. This must not be lip service only. One cannot cheer for strip clubs being closed while watching the women being thrown to the street. The truth is that the government approved a plan for prostitution rehabilitation over a year ago, but according to a petition submitted in the end of 2019, this program is not yet implemented. We, as the people who support the eradication of this practice, should be the first to demand the immediate and comprehensive implementation of these rehabilitation strategies.
A lifeline for women caught in a cycle of prostitution
This Israeli Facebook group is a lifeline for women caught in a cycle of prostitution
Read Original Article Here
Dorit, 45, who has turned to prostitution on and off since she was a teenager, knew she needed to find a new apartment. The massive amount of clothing and household appliances that she splurged on with the fast cash she made on the street hardly left enough room for her bed.
But without supportive family members or friends, the task of clearing out and selling these items — plus moving her stuff to a new place — seemed physically and financially impossible. But she knew that getting away from this baggage was key to continuing a rehabilitation course — one that taught her job skills and confronted her psychological issues.”
Dorit, who lives in Tel Aviv, Israel, asked that her real name not be used due to the sensitive nature of her story.
Related: This sex trafficking survivor is moving on — by learning how to code
In December, a woman from Dorit's rehabilitation program worked with her on a Facebook post asking for assistance with the move. Within hours, several people Dorit had never met offered to lend a hand, and a few days later, these strangers were packing alongside her, transporting her things and painting her new rental.
“I really don’t know what I would have done without them,” Dorit said recently, adding that she's been able to make a fresh start, and so far, she has stayed out of prostitution.
The volunteers who came to Dorit aid are part of an Israeli, Hebrew-language Facebook group made up of women currently, formerly or trying to get out of prostitution, and other people who simply want to help. The group, called Lo Omdot Mineged, Hebrew for “Not Standing By Idly,” was started up jointly by Naama Goldberg, a self-described feminist, college instructor, doctoral candidate in gender studies, and a mother of three boys who lives near Tel Aviv, and Atar Artzi, a landscape architect and fellow feminist activist.
Related: We asked listeners why they can't quit Facebook. Here's what you said.
The group, now registered as a nonprofit organization, has provided support to hundreds of women — fulfilling requests for everything from groceries to clothing to raising money for an abortion when a woman got pregnant by a client. Most find out about the group through word of mouth.
“We don’t tell these women what to do; if someone wants help, she gets help, that’s it. ... We are all about action.”
Naama Goldberg, Lo Omdot Mineged, founder
“We don’t tell these women what to do; if someone wants help, she gets help, that’s it,” Goldberg explained. “We are all about action.”
Goldberg got the idea for the group after posting a request for donations on her personal Facebook page to help with university tuition payments for a former prostitute she met at a women’s rights rally in Tel Aviv. Within hours, the money was raised. So, Goldberg created Lo Omdot Mineged, thinking it would be a small forum for people willing to contribute in whatever ways they could. Now, it has more than 11,000 members all over the country.
“We never imagined it would be like this,” Goldberg said.
Related: Prostitution takes center stage as Spanish feminists rally to eliminate violence against women
Israel's 'revolution' in managing prostitution
The group has grown at a time of stepped-up efforts in Israel to reduce prostitution and provide assistance to the 12,000 people in sex work across the country — 95 percent of whom are women — according to a recent government survey. In December, the government passed a long-awaited law criminalizing the buying of sex, imposing fines on those who hire prostitutes but not punishing the prostitutes themselves.
Related: Why I can’t quit Facebook: I want to click 'love' when I see refugees' big milestones
This makes Israel the 10th country worldwide to embrace this so-called Nordic model, which originated in Sweden, where it has been credited with reducing prostitution, although experts are still divided on its effectiveness. In 2014, the European Parliament also passed a nonbinding resolution backing the Nordic model, saying this approach gives dignity to women in prostitution.
Along with the bill, the Israeli government earmarked about $30 million to be spent over three years for increased social and rehabilitative services to help people leave prostitution and for educational programs for those caught hiring prostitutes.
“We have seen a complete change in the last decade in the way the government and society relate to this issue.”
Flavia Sevald, Chief Executive Officer of the Jerusalem Institute of Justice
“We have seen a complete change in the last decade in the way the government and society relate to this issue,” said Flavia Sevald, chief executive of the Jerusalem Institute of Justice, a nongovernmental organization promoting human rights and a member of the Coalition Against Prostitution in Israel, a group whose lobbying efforts have been credited with helping create the new law.
In a politically fractured country, the issue has also been one of few that unites the right and the left.
Related: She was forced into sex work. Now that she’s left that behind, she dreams of being a doctor.
“We all put our egos aside and worked as a group,” said Idit Harel Shemesh, founder of the nonprofit organization Mythos, which raises public awareness about prostitution.
Even though the law does not come into effect until 2020, a drop in demand for paid sex has already resulted, and more women have contacted organizations to help them leave prostitution, as they see a threat to their source of income, Shemesh said. While these are widely seen as positive developments, she adds, some in prostitution also fear that their only source of income will be gone.
She says that more efforts are needed to help people transition out of prostitution, which is often a long and difficult process. The industry generates more than $300 million a year in Israel, according to a recent government study.
“It’s quite amazing to be part of this revolution in Israel,” said Reuma Schlesinger, former director of the Task Force on Human Trafficking and Prostitution, a project of the nonprofit Justice Works and a local law firm, which is also part of the Coalition Against Prostitution in Israel. “But it’s also more complicated than it seems when you go into the details.”
Transgender people are especially vulnerable, she says, as there are few social services aimed at them — and transgender prostitutes aren't as welcome by many nonprofits and charities that help females in sex work, according to Schlesinger.
Related: A Dutch brothel where women work for themselves
Leaving prostitution takes 'enormous effort'
To get out of prostitution, it almost always requires addressing issues like mental health, including post-traumatic stress disorder, addiction and emotional challenges, in addition to often not having job skills or social and familial support needed to make a living on their own, said Lilach Tzur Ben-Moshe, founder of Turning the Tables, an Israeli nonprofit organization that teaches sewing, design, business and life skills to women who have left prostitution.
Many of the women in her program ended up in prostitution after a long chain of other challenges, including poverty, childhood abuse, addiction and estrangement from their families, all of which need to be addressed, she said.
“For these women, to leave prostitution, it’s like going from one world to another,” Tzur Ben-Moshe said. “It takes enormous effort.”
Groups like Turning the Tables have increasingly relied on Lo Omdot Mineged to find supplementary support like food and clothing for women they are helping. They see the Facebook group playing an even bigger role once the anti-prostitution law comes into effect, leaving many women with no choice but to seek help.
“It’s such a simple idea, but really a genius idea,” Tzur Ben-Moshe said. “And it has helped so many women in my program remain strong enough to stay in my program.”
Goldberg and her 12-member volunteer staff vets and approves each request for help, often posting it on Facebook under their names after getting private messages both from women in prostitution currently, or previously, and social workers or program representatives. In most cases, the volunteers and women in need don’t meet face-to-face. Instead, Lo Omdot Mineged makes anonymous arrangements to deliver food or other items.
“I need to make sure I protect the privacy and safety of both sides,” Goldberg said. “So, it’s usually a ‘Secret Santa’ type of transaction.”
Sometimes, however, face-to-face meetings occur when volunteers help people move or make a hospital visit, for instance.
“We have developed deeper relationships with many of them, and over time, they begin to open up and ask for more serious help, help in getting out of prostitution altogether,” Goldberg said.
One former prostitute recently credited the group with providing the support she needed last year to stop seeking clients in Tel Aviv’s central bus station. Knowing that there were people who would bring her food and listen to her gave her the strength to get sober.
“Thank you to everyone in the group, this is the first time in my life that I don’t feel scared. I know I always have a listening ear and that there are good people in the world."
Anonymous, former sex worker who received support from Lo Omdot Mineged Facebook group
“Thank you to everyone in the group, this is the first time in my life that I don’t feel scared. I know I always have a listening ear and that there are good people in the world,” she wrote, after describing how a violent sexual attack and attempted robbery was the incident that finally pushed her to reach out to her doctor and begin to change her life.
She also included a note to those in the group who are still in prostitution: “To anyone who reads this and wants to get out of the cycle, just say so, and you will be wrapped in love.”
ANTI-PROSTITUTION LEGISLATION
JIJ has been a key player in promoting a legislative model based on Swedish legislation in the Israeli Knesset. The proposed law will prohibit the purchase of sexual services, placing legal responsibility on the buyer and not on the people enslaved in the industry. This bill also creates the social infrastructure that will support those individuals looking to escape their torment.
The criminalization of the purchase of sex services is key in diminishing this industry and liberating its victims. This is due to several compelling reasons. First, criminalization in other countries have proven to be more effective in curbing demand for prostitution, while administrative penalties, that is to issue fines, have proven to be less effective. Second, Israel is a strong democratic country that upholds the rule of law. This means that citizens are more likely to be deterred if a certain act is criminalized, as they will be held accountable. Third, the shame and social stigma of a criminal offence is a powerful deterrent. Fourth, the guilt and recklessness of purchasers of sex services is serious and warrants criminal punishment. Finally, criminalizing the purchase of sex services is crucial in demolishing the sex trafficking epidemic.
SUCCESS!
ISRAEL PASSES LAW BANNING THE BUYING OF SEX
31/12/2018
The Knesset unanimously passed a law forbidding the buying of sex, as Israel joins other countries that have taken this route in recent years such as Sweden and France.
According to the law, which passed in a 34-0 vote, anyone buying or attempting to buy sex would be fined 2,000 shekels ($534), which doubles for a second offense. For any further violations the offender could be prosecuted and the fine could reach 75,300 shekels.
The law goes into effect in a year and a half, to give the state a chance to create rehabilitation services for prostitutes. An inter-ministerial committee on reducing prostitution recommended that the government allocate tens of millions of shekels for this purpose.
In 2016, the Welfare Ministry estimated there were 11,420-12,730 sex workers driving the country’s NIS 1.2 billion ($318 million) industry. According to that report, 71 percent of prostitutes said they began sex work out of financial desperation, and 76% said they would leave the industry if they could.
Punishing prostitution clients was first introduced by Sweden in its 1999 Sex Purchase Act — since adopted by Norway, Iceland, Canada, France, and Northern Ireland — which requires consumers to pay a fine or face up to six months in jail.
A Crime or not a Crime?
By Carol Shi
Should Buyers of Sex Services Be Criminalized?
First Things First: Is Prostitution Bad?
To justify imposing some sort of sanction on purchasers of sex services, we must first acknowledge the dire dangers of prostitution. Prostitution is not merely ‘paid consent for sex’. People in financially vulnerable positions consent to being paid below the minimum wage, or to selling their organs to live. People consent to many things, especially if money is involved, in order to survive. Moreover, the health and safety concerns in prostitution are beyond comprehension – this includes sexual harassment, physical and emotional abuse, rape, and rape without a condom.[1] In the words of a prostitute, ‘What rape is to others is normal to us.’[2] Prostitutes have one of the highest HIV rates of any population studied, with rates as high as 93%.[3] Passing legislation to clamp down on this industry is absolutely crucial. The legalization of prostitution has proven to fail in achieving protection, freedom, or equality – the world is too cruel to allow that. The only way forward is enacting legislation to diminish the demand by penalizing purchasers.
The Knesset’s Dilemma
For the past 8 years, Israel’s government has been in the talks to adopt the ‘Nordic model’ criminalizing the purchaser but not the seller. However, Committee discussions have deviated to adopt a ‘soft’ criminal approach, which is to impose administrative penalties on purchasers, instead of criminalizing them.
An administrative approach looks like this: A man is caught purchasing sex services from a male prostitute. The purchaser is first given a warning. Ignoring this warning and choosing to indulge in another momentary craving, he is caught a second time. This time, he is handed out a fine and is required to attend mandatory workshops on gender equality and how a body is not a commodity. He reluctantly pays the fine, a third of his monthly income in a top financial consulting firm in Tel Aviv. He attends the workshops while thinking of what to watch on Netflix when he goes home. Considering how the fine was insignificant in comparison to his high paying job, he decides to take a risk and try again. He doesn’t get caught. Perfect. He goes again, to his favorite male prostitute whose name he doesn’t even know. He’s caught a third time. Now, not only is he fined half of his monthly income, he’s given a criminal penalty. After four counts of purchasing prostitutes within the two months, he’s finally criminalized. This is what we call ‘scaled criminalization’,[4] while still falling underneath the administrative approach.
Would a criminal penalty on first count have deterred this man in the first place? The answer is likely yes. Criminalization is arguably the strongest deterrence for several key reasons.
The Rule of Law – What is it?
First, criminalization is most effective for countries that uphold the rule of law. The rule of law is that every person must be held accountable to the law, no matter how powerful or influential they are. This includes lawmakers, politicians, and judges. So, when an individual or governmental body contravenes the law, their actions will be assessed by the courts.
How is the rule of law relevant to deterring purchasers of sex services? Here’s how. Israel is a democratic state, and a core element of democracy is to uphold the rule of law.[5] In studies conducted on purchasers of sex services, countries with a stronger level of democracy, such as the United States and the United Kingdom, had a stronger reaction of deterrence to criminal penalties. Israel is ranked 29th in the world, and first in the Middle East in democracy. Thus, it is safe to say that prospective purchasers will certainly be deterred in Israel when criminal sanctions are imposed.
Shame Sucks
Second, there is a strong social stigma associated with criminal convictions. An administrative fine that can be easily paid off, leaving no criminal record or reputation taint. However, because a criminal conviction is ‘harder’ to receive, it more strongly implies guilt – hence, the social stigma.
People fear the social stigma of having a criminal offence being made known to family and friends. [6] In an interview article on Marie Claire, a client of an escort said, ‘Of course, my wife doesn’t know about any of this – if she ever found out she would leave me immediately. I couldn’t bear to lose her. Occasionally, I have nightmares about my teenage sons discovering what I do, which would probably be worse than my wife finding out. No one in the house would ever speak to me again.’[7]
Shame destroys reputation, which is particularly important for middle to upper-middle class men, who value reputation as it provides them with employment opportunities.[8] Shame also influences beliefs, as it affects what one would think is ‘harmless behavior’ to what is reserved for ‘bad types’.[9] Hence, those who consider themselves with decent morals, do not wish to associate themselves with the ‘bad types’. Thus, the shame element of criminalization is one of the highest form of deterrence, which an administrative penalty does not offer.
A Guilty Mind
Third, purchasers are very aware of the harms prostitutes face. A study was conducted on purchasers of sex services in Lebanon. A 21 year-old buyer, a student, stated that ‘of course’ no woman is happy to be a prostitute. He also expressed awareness of pimping and the mistreatment of women.[10] 80% of the buyers surveyed were aware of the poor socio-economic background of women who enter prostitution,[11] implying that they are aware of the vulnerable states of prostitutes. 82% of the buyers understood that women were under the control of a pimp, and 73% even had direct interaction with the pimp.[12] 61% were aware of the exploitative conditions the women were subject to in prostitution.[13] A 30 year-old buyer, again, married with children, stated ‘For some of them, circumstances force them … They talk a lot, but you don’t want to listen.’[14] Such indifference despite the awareness of the circumstances of vulnerable women should be more harshly punished than simply with administrative sanctions.
The Sex Trafficking Epidemic
Finally, criminalization is a stronger stance to abolishing sex trafficking. The fact is that the male demand for prostitution constitutes the root cause for the trafficking of persons.[15] Both prostitution and sex trafficking would not exist without men’s demand for sex services.[16] Essentially, if there is no demand, there will be no supply.
Forced labor and sex trafficking has been a prominent issue in Israel over the past decade. Recently, there has been an increase of women from Eastern Europe who came to Israel with a tourist visa to serve in the sex industry.[17] In the beginning of 2017, 72 women from Ukraine and Georgia were caught attempting to illegally enter Israel for prostitution purposes.[18] Typically, criminals contact women in Russia or Ukraine online, luring them to arrive in Israel to work as sex workers, promising them large sums of money.[19] However, even if an individual initially consents to participating in prostitution, this is completely eradicated if they are subsequently trapped in service through psychological manipulation or physical force, and becomes a victim of sex trafficking.[20] Thus, there is a pressing need to curb sex trafficking in Israel.
The theory that prostitution laws are related to tackling sex trafficking is not new. The economics behind it is simple: demand plays a vital role. Administrative sanctions reduce demand, but criminalization aims to nullify it. According to the Swedish National Criminal Police, the harsh penalties of the criminalization have been an obstacle to human traffickers and organized criminal groups.[21] Thus, criminalization of the purchase of sexual services destroys the incentive for criminal organizations to establish themselves, which will more effectively diminish sex trafficking in Israel.
Looking Ahead
Allow me to conclude with a final illustration: The purchase of sex services is now criminalized. A man with previous prostitute-buying habits decides he has a familiar urge today. As he strolls along a dark and dingy part of Tel Aviv where he used to visit regularly during surges of similar desire. He thinks about the new law recently imposed, and sees himself standing before a court, facing criminal charges. But what are the chances of him actually being caught and bring brought to court? He remembers, he lives in Israel, not Syria. He winces at the resource and time consuming aspects of being taken to court. Curse this upright democratic system that holds individuals accountable when contravening the law! Still, his urges are pressing and he catches a familiar face smirking at him from a corner. He advances towards this young girl, grinning at the thought of what he could do to her. He stops in his steps, considering how this young girl is likely only in this industry due to financially precarious reasons and is likely to be under the manipulation of a pimp. This young girl may or may not be have been trafficked. She may or may not be underage. But his urges call him, so he shrugs his thoughts off and continues towards this young girl. He begins conversation and reaches for his wallet. He pauses. He thinks about how if he is brought to court and faced with criminal charges, what will his family and colleagues say? What will his boss say? What will his high school friends talk about at their annual reunion? His girlfriend will certainly leave him. Word in the banking industry spreads quickly. He’ll have trouble getting a recommendation for job opportunities. This isn’t something he could pay and walk off from. This charge will taint him. He puts his wallet back in his pocket, apologizes to the young girl, and walks away.
[1] Silbert, H. Pines, A. Y. and Lynch, T. (1970). Substance Abuse and Prostitution. Journal of Psychoactive Drugs, 14, pp. 193-7.
[2] Farley, M. Lynne, J. and Cotton A. J. (2005). Prostitution in Vancouver: Violence and the Colonization of the First Nations Women. Transcult Psychiatry, 42(2), pp. 242-271.
[3] Ward, H. and Day, S. (2006). What Happens to Women Who Sell Sex? Report of a Unique Occupational Cohort. Sexually Transmitted Infections, 82(5), pp. 413-417.
[4] Haaretz. 2018. Israeli gov't committee opts for 'soft criminalization' of prostitute clients - Israel News - Haaretz.com . [ONLINE] Available at: https://www.haaretz.com/israel-news/israeli-gov-t-committee-opts-for-soft-criminalization-of-prostitute-clients-1.5729971. [Accessed 15 March 2018].
[5] H.C. 910/86 Ressler v. Minister of Defence, [32].
[6] Government Offices of Sweden (2010). Evaluation of the Prohibition of the Purchase of Sexual Services. Swedish Parliament, p. 38.
[7] Thompson, A. (2016). Why Do Men Pay for Sex?. Marie Claire UK. [online] Available at: http://www.marieclaire.co.uk/reports/sex-workers-11125 [Accessed 15 Mar. 2018].
[8] Tang, X. (2013) Shame: A Different Criminal Law Proposal for Bullies. Cleveland State Law Review, 61(3), pp. 649-663.
[9] Ibid.
[10] KAFA (enough) Violence and Exploitation (2014). Exploring the Demand for Prostitution: What Male Buyers Say About Their Motives, Practices, and Perception. Ghada Jabbour, pp. 25.
[11] Ibid.
[12] Ibid, pp. 26.
[13] Ibid, pp. 27.
[14] Ibid, pp. 26.
[15] MacKinnon, C. A. (2011). Trafficking, Prostitution, and Inequality. Harvard Civil Rights – Civil Liberties Law Review, 46(2), pp. 271-309.
[16] Joy Ngozi Ezeilo, Report of the Special Rapporteur on trafficking in persons, especially women and children, A/HRC/23/48, United Nations, 18 March 2013.
[17] Hotline for Refugees and Migrants (2015). Trafficking in Persons in Israel. Tel Aviv, pp. 6.
[18] Yaron, L. (2017). Number of Women Brought to Israel for Prostitution on the Rise - and the Police Are Struggling to Deal With It. Haaretz. [online] Available at: http://www.haaretz.com/misc/haaretzcomsmartphoneapp/.premium-women-brought-to-israel-for-prostitution-on-increase-1.5481624 [Accessed 15 Mar. 2018].
[19] Ibid.
[20] U.S. Department of State (2017). Trafficking in Persons Report, pp. 17.
[21] Government Offices of Sweden (2010). Evaluation of the Prohibition of the Purchase of Sexual Services. Swedish Parliament, pp. 37.
JESSICA MEMORIAL SERVICE
In August 2016, Jessica, a slave of the sex-industry, took her life in room 5 of the brothel on 98 HaYarkon Street, Tel Aviv. She was only 36 years old. She died where she had lived and had been abused by dozens of men every day for more than 15 years. Jessica is only one of the hundreds of women who have died as a result of a prostitution in Israel in the last 5 years.
On August 18th, 2016, the first anniversary of Jessica’s death, a memorial assembly was held at Kikar Atarim Square in Tel Aviv; this assembly was dedicated to her memory and the memory of the victims of prostitution in Israel. It was well attended by the public and member of Knesset Shuli Mualem. Every year we continue to commemorate the loss of lives of women in the sex trade.
Want to know when is the next memorial event? Like us on Facebook to get our activity updates – Click here.
ANTI-PROSTITUTION EDUCATIONAL PROGRAM
Early on, we realized that educating society and changing public discourse about prostitution will be key in bringing true change to Israel. We have been successful in presenting our message on Israeli television and have created a short film titled “Zona” that exposes the Israeli sex trade, worked with young Israelis to educate them on the topic and conducted public screening of movies related to the industry.