The Swedish Model and Why It Works
A study of
854 women in prostitution in
nine countries found that 89 percent wanted to escape prostitution but felt
they were not able to, and that two-thirds met clinical criteria for
post-traumatic stress equal to that of treatment-seeking Vietnam veterans and
victims of torture or rape.[1]
We also know that a significant part of those in prostitution enter as children
after being sexually abused. The Swedish Model views all women in prostitution
as victims of sexual suppression and corresponds with the notion that
prostitution actually represents a form of trafficking.
The Swedish Model was introduced in 1999 when Sweden adopted a partial decriminalization model regarding
prostitution. The law is prohibiting the purchase of sexual services, but the
person exploited in prostitution will not be subject to any kind of criminal or
other legal repercussions. The reason behind the legislation was - and is - the
importance for society to fight prostitution, that is considered to cause
serious harm both to individuals and to society as a whole. Large-scale crime,
including human trafficking for sexual purposes, assault, procuring and
drug-dealing, is closely related to prostitution.[2]
The other half of the Swedish Model is the criminalization of human trafficking
stating that: who by means of coercion or
other such means takes part in the process of recruitment, transportation,
transfer, harboring or reception of a person for the purpose of sexual exploitation
or forced labor[…], may be convicted of trafficking and sentenced to between
two to ten years of imprisonment.[3]
In comparison to the current legislation in
the United States, the federal
response to sex-trafficking is already in line with the Swedish Model. The
focus of criminalization is directed at the buyer and the trafficker/pimp
rather than the victims. However the United States lacks a unified national
response to prostitution “offenses”. Prostitution is currently illegal in almost
all states and punishable by fines or jail time. This means that, women in prostitution
receive disparate punishment throughout the United States depending on their
jurisdiction and whether they are considered as victim of sex-trafficking under
federal law. While the Swedish Model does not recognize a distinction between a
prostitute and a victim of sex-trafficking, the United States conserves the arguably
outdated belief that these two can be distinguished from one another in the
modern society. Due to the relative ease in proving prostitution crimes in
comparison with trafficking crimes which require a challenging showing of fraud,
force, or coercion, there is the inevitable substantial risk that victims of
trafficking and woman forced into prostitution will not receive help from the
society, but rather criminal sanctions.[4]
Written by: Olof Åberg
[1] Melissa Farley et al., (2003), Prostitution and Trafficking in Nine
Countries: An Update on Violence and Posttraumatic Stress Disorder, in
Prostitution, Trafficking, and Traumatic Stress.
[2] http://www.government.se/sb/d/4096/a/119861
[3] My translation and edit of Brottsbalken 4 kap.
1a § (The Swedish criminal law).
[4] This paragraph: Kelsey Fleharty, (2014), Oregon
Review Of International Law, Targeting
the “Tricks” of the Trade: A Comparative Analysis of Prostitution Laws in
Sweden and the United States & Max Waltman, (2011) Michigan Journal of
International Law, Prohibiting Sex
Purchasing And Ending Trafficking: The Swedish Prostitution Law
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