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Implemented in 1999, the Swedish Sex Purchase Act promotes the idea that selling sex for money is intrinsically wrong, irrespective of context. Its supporters argue that prostitution is a form of male violence against women, that is reinforces the belief that women’s bodies are commodities for male consumption and that no woman would sell sex voluntarily. Prohibitionists have lauded the act’s achievements, claiming that it has reduced prostitution and trafficking for sexual purposes, deterred male clients and changed societal attitudes toward prostitution.

If we are to take liberty seriously, public policy should not be shaped by the ideologically motivated agenda of radical feminism

In reality, however, sex workers in Sweden have begun using other means to find clients, and vice versa. For instance, sex workers give out their cell phone numbers to potential customers on the street, or they make contact via the Internet, forms of networking that have taken over from the traditional face-to-face contact of street prostitution. To avoid further detection by authorities, sex workers and clients more frequently meet in bars, restaurants and hotels. Therefore, Sweden’s claim of “successfully” decreasing the demand for sexual services appears highly unlikely since it is impossible to monitor every transaction or sexual encounter.

Second, the Nordic model sidesteps the continuing dangers facing street prostitutes. As the Supreme Court of Canada acknowledged, criminalizing prostitution harms out-call sex workers who are not permitted to hire bodyguards, managers or drivers — all of which would enhance their safety and security. Moreover, since it is illegal to communicate the sale of sex for money, prostitutes are forced to screen clients under duress. Negotiations often take place in insolation — on side streets, in back alleys, cars or industrial areas, all situations that benefit the perpetrators of violence. This is why the Ontario Superior Court and the Supreme Court of Canada both came to the same conclusion: the present law supporting prohibition increases violence against out-call prostitutes.