Trafficking in human beings for sexual and other purposes - Polisen

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 In conjunctionwith the sexual crimes reform in 2005, theSex Purchase Act was repealed and replaced by a newpenalty clause – Purchase of Sexual Services – Chapter6 (Sex Crimes).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).