Regulating prostitution would not work in practice because women in the industry do not “think of themselves as prostitutes”, according to experts working in the field.

Public health consultant Anna Vella and St Jeanne Antide Foundation head Nora Macelli, who teamed up last year to offer support to sex workers, believe calls to regulate the trade did not reflect the way prostitutes felt about the industry.

“I have spoken to countless street prostitutes about this possibility and they all tell me they would not want this. ‘No way!’ they say. They do not consider themselves prostitutes and do not think of this as their job,” Dr Vella said.

She was reacting to calls for a review of the legal and social policy framework on prostitution.

A Justice Ministry spokeswoman said a document drafted by the law students’ association which, among other things, calls for prostitution to be regulated, was currently being reviewed internally.

What kind of job includes being sexually abused as an integral part of your daily activities?

Meanwhile, Civil Liberties Minister Helena Dalli said the government was looking at different models applied abroad to see the best way to tackle the situation.

“Our main concern is the wellbeing of the persons involved in the sex industry, ensuring their safety and that they are not exploited by pimps or clients alike,” the minister said.

In Malta, prostitution is not considered a criminal offence but soliciting, living off immoral earnings, organising prostitution or forcing anyone into prostitution is.

A report by the European Centre for Disease Prevention and Control had said that the legality of sex work impacted sex workers’ vulnerability to HIV and other sexually-transmitted infections.

It argued that criminalisation could make sex workers reluctant to access healthcare and support services. It could also lead to the deterioration of working conditions, limited protection from law enforcement and limited legal rights.

Dr Vella, however, believes women simply would not sign up to be regulated as they do not consider this their profession. “These women do not associate themselves with prostitution. It is just something they do for money. Most want to break out of it and for many it is tied to financial debts through drug abuse or violence from pimps,” she said.

Ms Macelli believes regulating prostitution would send out the message that such activity was “legitimate employment”.

“What kind of job includes being sexually abused as an integral part of your daily activities?

“This is not a job, there is no future in this, there is only trauma and a vicious cycle that we are trying to help women break out of” she said.

Testaferrata Street in Msida is considered a Red Light district. Photo: Darrin Zammit Lupi

It’s the law

Being paid for sex is not illegal. But it is a criminal act to solicit and live off immoral earnings, organising prostitution or forcing anyone into prostitution.

In several EU countries, there is no law legalising or criminalising sex work but there are many legal provisions and regulations in place making sex work difficult, such as the criminalisation of soliciting, “curb crawling” and “companion activities” and regulations on where and when sex work is allowed.

Here is a look at the different legal set ups around the world:

United States

Buying or selling sex services is illegal in the US, with the exception of Nevada where brothels are licensed in some parts of the state.

Most states also hand down heavy fines and prison sentences for promoting prostitution.

Harbouring prostitutes is also a crime.

United Kingdom

Similar to Maltese law, prostitution itself is not illegal, though acts related to prostitution are against the law.

Working as an escort or a private prostitute is not an offence though causing, motivating or controlling prostitution for personal gain is illegal.

Human trafficking, pimping, running a brothel, and soliciting sex on the street are criminal offences.

Netherlands

Perhaps the most controversial legal system, the Dutch model legalised prostitution in the mid-1800s but it wasn’t until the 1980s that sex work was recognised as a legal profession.

Bans on brothels and pimping were lifted in October 2000 and the industry is now regulated by labour law. Prostitutes are registered workers and pay tax. Municipalities are responsible for issuing licences and conducting inspections to ensure standard working conditions.

Germany

Prostitution is legal and regulated. Brothels are registered businesses.

Prostitution in numbers

200: Estimated number of female street prostitutes.
1,630: Prostitution-related offences recorded by the police in the past three years.
95%: Percentage of prostitutes sentenced in court considered to be repeat offenders.
90%: Percentage of prostitution offences committed by women.
€7m: Contribution of street prostitution to the economy every year.