The Minister for Justice, Helen McEntee TD, today announced an initiative to expunge previous convictions for ‘sale of sex’, or prostitution offences. This is a significant step in recognising and responding to the needs of victims of sex trafficking, and those forced to provide sexual services.
It is generally recognised that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution through trafficking, drug addiction, homelessness and poverty.
The Criminal Law (Sexual Offences) Act 2017 removed those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution and criminalised the purchase of sex. This was done to provide additional protection to people involved in prostitution, especially those who are vulnerable and victims of human trafficking.While it has not been an offence to sell sex in Ireland since 2017, for those who have succeeded in exiting prostitution, previous convictions can be a significant obstacle as they attempt to move on with their lives.
The focus of the law dealing with prostitution shifted in 2017 when new legislation criminalising the purchaser of sex – rather than the seller – came into effect.
The intention is that this proposed new expunging provision will be expressly limited to those convicted under section 7 or 8 of the Act of 1993 on the basis they were offering their services as a prostitute to another person.In total, An Garda Síochána have identified 607 convictions to be expunged.This comprises 402 convictions recorded for soliciting or importuning for the purposes of prostitution, contrary to section 7 and 205 convictions for loitering for the purposes of prostitution – failing to comply with a direction of a Garda, contrary to Section 8.