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The claim that the number of people involved in prostitution has declined, for one, is largely based on the work of organisations that report on specific groups they work with, not the state of prostitution more generally: social workers, for example, count and get an impression based on their contact with women in street prostitution in the largest cities. There is no reason to believe that other forms of prostitution, hidden from view, are not still going on.

The oft-cited 2010 Skarhed report acknowledges this – but still concludes that the law is a success based on the number of women in contact with social workers and police. Men involved in prostitution, women in indoor venues, and those selling sex outside the larger cities are therefore excluded from the scope of the report.

This excessive focus on street prostitution handicaps many accounts of the law’s implementation, which tend to simply repeat Swedish authorities’ claims that the Sex Purchase Act has influenced the size of the prostitution markets. They ignore the fact that since 1999 or so, mobile phones and the internet have largely taken over the role face-to-face contact in street prostitution used to have – meaning a decline in contacts with women selling sex in the traditional way on the streets of Sweden cannot tell the whole story about the size and form of the country’s prostitution markets.

Meanwhile, the Swedish Sex Purchase Act is often said to be an effective tool against human trafficking. The evidence for this claim is weak; Swedish authorities have backed it up with something said in a call intercepted by the police. The official data that does exist is vague; some authors have also pointed out that the act may have raised prices for sex, making trafficking for sexual purposes potentially more lucrative than ever.

There is also scant evidence for the claim that the law has had its advertised effect on the perception of prostitution and people in prostitution. Even though surveys among the general public indicate great support for the law, the same material also shows a rather strong support for a criminalisation of sex sellers. This contradicts the idea that the law promotes an ideal of gender equality: instead, the criminalisation of sex buyers seems to influence people to consider the possibility of criminalising sex sellers as well. This rather confounds the idea that the “Nordic model” successfully shifts the stigma of prostitution from sex sellers to clients.

Values in practice

Ultimately, prostitution laws targeting buyers have complex effects on people far beyond those they are meant to target. In addition to this complicating factor, the Nordic countries also police prostitution using various other laws and by-laws. Some of these regulations do, in fact, assume that the women who sell sex are to be punished and blamed for prostitution. This goes to show that one should be careful in concluding that Nordic prostitution policies are guided by progressive feminist ideals, or that they necessarily seek to protect women involved in prostitution. The most telling example of this the way the Nordic countries treat migrants who sell sex.

In Sweden this is embodied by the Aliens Act, which forbids foreign women from selling sex in Sweden and is used by the police to apprehend non-Swedish or migrant persons suspected of selling sex. This reveals the limits of the rhetoric of female victimisation, with clients framed as perpetrators: if the seller is foreign, she is to blame, and can be punished with deportation.

In Norway, we see similar gaps between stated ideology, written policies, and practice. Even though it is completely legal to sell sex, women involved in prostitution are victims of increased police, neighbour and border controls which stigmatise them and make them more vulnerable. The increased control the Norwegian police exert on prostitution markets so as to identify clients includes document checks on women involved in prostitution so as to find irregulars among them. Raids performed in the name of rescue often end with vulnerable women who lack residence permits being deported from Norway.

Taken together, the Nordic countries’ ways of approaching prostitution have been presented nationally and understood internationally as expressions of a shared understanding of prostitution as a gender equality problem, an example of how women’s rights can be enshrined in anti-prostitution law. But after looking closely at how the laws have been proposed and implemented, we beg to differ.