Loophole on teenage sex upsets law change critics

Prostitution law reform was meant to make the industry safer and easier to police, but opponents say it has not achieved this goal.

Some MPs say it should have regulations akin to the liquor licensing industry, and that under-age sex is still rife.

And police quietly agree with them.

MPs passed the Prostitution Reform Bill in July 2003 by 60 votes to 59, a result which hinged on a handful of swinging votes and the abstention of Labour MP Ashraf Choudhary.

The narrow margin dismayed opponents of the bill, which MPs passed on a conscience vote.

It decriminalised prostitution and set up a legal framework to govern the sex industry. Penalties for buying sex from those under 18 were doubled.

But only eight people have been apprehended since the bill became law -

five in Wellington, two in Southland and one in the central North Island.

Seven of those caught were prosecuted and one was warned by police and let off without being charged.

Opponents say that is too few convictions, and the problem of under-age sex remains. Police have said the new law is more difficult to enforce than the legislation it replaced.

NZ First law and order spokesman Ron Mark has challenged Police Minister George Hawkins to explain police inaction over underage prostitution.

Mr Mark said last week police had to specify their problems with catching "clients" of underage sex workers rather than just labelling it as too difficult.

National MP Judith Collins says the law is "unnecessarily foolish legislation".

The Auckland MP says her constituents are angry, and the sight of young teens soliciting for sex on the streets to pay drug debts to gangs has not gone away.

"I want to see the legislation affecting under 18-year-olds tidied up, police given proper powers to deal with it and that they make it a priority," she said.

"Police powers to search brothels for potentially under-age workers have also been reduced.

"Like liquor licensing, both industries have an age limit of 18, but that's where the similarities end."

Police know who holds liquor licences, but licensing for prostitution appears to be shrouded in secrecy.

A brothel licence is issued to a person, not the premises. It is an offence for a court to disclose who holds a brothel licence, unless police are investigating an offence against that person.

In contrast, police can get information from a court on who holds a sharebroking or security guard licence, for example.

The architect of the Prostitution Reform Act, Christchurch Central MP Tim Barnett, said this week that if the law was unenforceable, police should speak out.

He did not know of anyone from the police voicing concerns about difficulties in securing convictions.

Vice squad Detective Senior Sergeant Shane Cotter said police were "not allowed to criticise the law or the politicians that make it".

Their job was to enforce the law.

Mr Barnett says any licence-based law ran the danger of people operating without a licence, operating illegally, creating another crime, and entering a cycle of punitive measures.

"People get criminal convictions which doesn't help them move on from the industry. We're trying to get out of that."

Penalties for the client of under-age prostitutes had doubled under the act.

"The invitation is for police to take clever action which focuses on those clients and developing new policing models to do that."

Mr Cotter said underage sex, drugs and gangs in prostitution were the issues that angered police most.

But the point most people were missing was that it was legal for a person aged 16 to have sex, and not an offence for a person aged under 18 to have commercial sex, he said.

If a person aged 16 was having commercial sex willingly, the police could possibly take action under the Child, Youth and Families Act if the person was in an environment that was detrimental to their health and welfare.

"But when the person turns 17, they are no longer under the Child, Youth and Families Act.

"Police can't touch them. We can stop the clients going to them because they are committing a criminal offence, but the 17-year-old is untouchable."

Police are worried that the law may provide a loophole where clients can escape conviction because they are not legally required to get proof of a prostitute's age.

A Wellington brothel owner and another staff member allegedly caught employing girls aged 14 and 17 years tested that loophole in court this week.

The judge has reserved his decision.

Wellington Prostitutes Collective spokeswoman Catherine Healy said the new law made it easier for under-age workers to get out of the industry.

"If they can be prosecuted for working underage, you're condemning their future, and they will be less likely to be able to move on."

Mr Cotter said prosecution of clients under the act was also a matter of priority.

"If you have people willingly participating in an event, what sort of priority should be placed upon it, when those same police are being asked to attend matters where one participant is not a willing party, be that a rape, murder or whatever?"

The new legislation made it harder for police to catch those buying sex from underage prostitutes because clients were not required to get proof of age.

The new legislation also left police with less power to search premises and check for underage workers, Mr Cotter said.

"You get a search warrant under any enactment and you have 28 days to execute it.

"You get a warrant under the Prostitution Reform Act and you have 14 days to execute it. Why is there special consideration?"

As the debate continues, a review committee report into the number of sex workers is to be submitted to Parliament late next month.

Retired assistant commissioner of police Paul Fitzharris chairs the review committee, which is also monitoring the law, and will recommend improvements if needed.

Mr Fitzharris said the committee had two tasks.

"The law requires us to report early, on the numbers of sex workers in New Zealand, and then another report we are required to do in several years on how the act is going."

It was unusual for an act to be passed and immediately have a review set in place, Mr Fitzharris said.

Although it was the first time a report had been prepared on the numbers of sex workers, police had taken a look at numbers in some regions.

The committee included representatives from the Prostitutes Collective, an academic, a nun, a doctor and other health services representatives, and a former city councillor.

"It was a controversial piece of legislation and the Government wanted a wide-ranging group of people to look at the issues," Mr Fitzharris said.

"There were a number of things put to the select committee on how big the sex industry was, and this first report is an effort to determine that."

There would be a commentary on the ages of sex workers.

Mr Cotter said police had no idea who was under-age, but it would be naive not to accept that under-age girls are working as prostitutes.

"Everyone is hot about under-age workers because no proof of age is required [to the client].

"A licence for prostitution can be done over the internet with a post office box as an address. I would prefer they be submitted in person, to provide more transparency for the process."

Police are believed to be concerned that underworld interests in prostitution are not being addressed.

Prostitution was a cash business, as were underworld activities, and it was too easy to get money laundered.

Police Association president Greg O'Connor has said there appears to be no provision for police to close down a business if it is found to be involved with organised crime.

He said: "We're not worried about decriminalisation, but we believe there should have been a law there to keep organised crime out."

Law change

* Prostitution was decriminalised in 2003 and a legal framework was set up to govern the sex industry.

* Licensed brothels operate under standard health, safety and employment laws.

* Soliciting is no longer a crime. Prostitutes who are a nuisance or act offensively can be dealt with under the Summary Offences Act .

- NZPA