Cecily Zamora
The buying of commercial sex is a highly controversial topic, with some countries adopting a Swedish model that criminalises the buying, but not the selling, of commercial sex. This model has been criticised for stigmatising those who work in prostitution, with opponents arguing that decriminalisation is the key to reducing violence against women. In the US, commercial sex involving a minor is considered human trafficking, while commercial sex involving an adult is only considered human trafficking if the person is doing so against their will as a result of force, fraud, or coercion.
| Characteristics | Values |
|---|---|
| Law | Swedish, or Nordic model |
| Year | 1999 |
| Country | Sweden |
| Criminalises | Buying, but not selling, of commercial sex |
| Other countries with similar legislation | Iceland, Norway, Canada |
| Alternative approach | Decriminalising sex work entirely (e.g. New Zealand, the Netherlands) |
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What You'll Learn
The Swedish model
Under the Swedish model, those who buy commercial sex are breaking the law. However, those who sell sex are not committing a criminal offence. This approach aims to reduce demand for prostitution by targeting the buyers rather than the sellers.
Opponents of the Swedish model argue that while selling sex is no longer illegal, the law still stigmatises those working in prostitution. They point to cases such as the 2013 murder of Eva Marree Smith Kullander, who was accused of "romanticising prostitution" and lost custody of her children as a result.
Other countries, such as New Zealand and the Netherlands, have taken a different approach by decriminalising sex work entirely. Advocates of this approach argue that legalisation is key to reducing violence against women and improving health and social services. A government study in New Zealand found that sex work and sex trafficking did not increase following decriminalisation in 2003.
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Human trafficking laws
While the laws surrounding the purchase of commercial sex vary from country to country, there are some commonalities. In the US, for example, all commercial sex involving a minor is considered human trafficking, but commercial sex involving an adult is only considered human trafficking if the person is doing so against their will as a result of force, fraud, or coercion.
In some countries, such as Sweden, the law criminalises the buying, but not the selling, of commercial sex. This model has been adopted in other countries, including Iceland, Norway, and Canada. However, opponents of this model argue that it still stigmatises those working in prostitution and can lead to violence against women.
An alternative approach is to decriminalise sex work entirely, as has been done in New Zealand and the Netherlands. A government study in New Zealand found that sex work and sex trafficking did not increase following decriminalisation.
Regardless of the legal framework, it is important to recognise that the buyers of commercial sex can come from all walks of life, including truck drivers, businessmen, doctors, professors, and pastors. According to Demand Abolition, as of 2004, 16% of American men were reported to have paid for sex, and this number has only increased.
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Decriminalisation
In the US, commercial sex involving a minor is considered human trafficking and is illegal. Commercial sex involving an adult is only considered human trafficking if the person is doing so against their will as a result of force, fraud or coercion.
In 1999, Sweden introduced a law that criminalises the buying, but not the selling, of commercial sex. This model has been adopted in Iceland, Norway and Canada. However, opponents of the Swedish model argue that while selling sex is no longer illegal, the law still stigmatises those working in prostitution.
New Zealand and the Netherlands have taken a different approach by decriminalising sex work entirely. Advocates of this approach argue that legalisation is the key to reducing violence against women, especially if it is done in conjunction with efforts to prevent organised crime and improve health and social services. A government study conducted in New Zealand in 2008, five years after decriminalisation, found that sex work and sex trafficking had not increased.
Some argue that the focus should be on providing meaningful exit strategies for those who want to leave the sex trade, including housing, medical care and psychological services.
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Legalisation
The buying of commercial sex is illegal in many countries, including Sweden, Iceland, Norway and Canada. This is known as the Swedish, or Nordic, model, which criminalises the buying, but not the selling, of commercial sex.
However, opponents of the Swedish model argue that while selling sex is no longer illegal, the law still stigmatises those working in prostitution. For example, in 2013, Eva Marree Smith Kullander was murdered after losing custody of her children to her former partner, who killed her. She had been accused of 'romanticising prostitution'.
Some countries, such as New Zealand and the Netherlands, have taken a different approach and have decriminalised sex work entirely. Advocates of legalisation argue that it is the key to reducing violence against women, especially if it is accompanied by efforts to prevent organised crime and improve health and social services. A government study conducted in New Zealand in 2008, five years after decriminalisation, found that sex work and sex trafficking had not increased.
In the US, commercial sex involving a minor is considered human trafficking under the law. However, commercial sex involving an adult is only considered human trafficking if the person is doing so against their will as a result of force, fraud, or coercion. Demand Abolition reports that as of 2004, 16% of American men were reported as having paid for sex, and these numbers have only increased.
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The Nordic model
Some countries, such as New Zealand and the Netherlands, have taken a different approach by decriminalising sex work entirely. Advocates of this approach argue that legalisation is the key to reducing violence against women, particularly when combined with efforts to tackle organised crime and improve health and social services. A 2008 government study in New Zealand found that sex work and sex trafficking had not increased in the five years since decriminalisation.
In contrast, under the Nordic model, the law of supply and demand requires both a buyer and a seller for a transaction to occur. This means that buyers of commercial sex are breaking the law by participating in the sex industry and contributing to the demand for prostitution.
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Frequently asked questions
Yes, the Swedish model criminalises the buying, but not the selling, of commercial sex.
Commercial sex involving a minor is considered human trafficking under US law. Commercial sex involving an adult is only considered human trafficking if the person is doing so against their will as a result of force, fraud, or coercion.
No, New Zealand has decriminalised sex work entirely.
No, the Netherlands has decriminalised sex work entirely.
Yes, Canada has adopted the Swedish model, which criminalises the buying, but not the selling, of commercial sex.
