SPECIAL REPORT: Gardaí not aware of on-street prostitutes

GARDAÍ are not aware of any on-street prostitutes working in Clare and have described the industry in the county as “off street”.

Clare gardaí are aware of a number of premises that are being used by transient prostitutes on a week-to-week basis. The fact that these women move from county to county and come back to different locations creates challenges with detection and prosecution.

“These premises are being used on a weekly basis and change each week. It makes it difficult to prosecute too because you have to build a case that there’s a brothel operating from the location. We can do surveillance but without evidence of prostitution going on there or without the evidence that the landlord knew what was going on there, it is difficult to prosecute,” a spokesperson said.

He added that gardaí are aware of hotels being used by prostitutes in Clare and have a good working relationship with the hotels to eliminate this activity.

The spokesperson said he is of the opinion that a change to legislation is needed, similar to what the Turn Off The Red Light campaign is looking for, to criminalise the users.

Prostitutes operating in the county are predominantly foreign nationals, according to gardaí and they do not believe any locals are involved in the sex trade.

Asked whether gardaí are aware of instances of rape or violence against prostitutes, the spokesperson said, “There is a marked under-reporting of rape and or violence among prostitutes”.

“It goes on,” he said. However, there are no reported instances of rape or violence against prostitutes in Clare.
“We are monitoring the situation in Clare on an ongoing basis and we do carry out operations and checks on websites. It is a very difficult crime to prosecute. In essence, you need to prove two or more are operating together as prostitutes out of the one location and are working together to prove it is a brothel. The clients are not going to step forward and say they used the services and leave themselves open to ridicule afterwards,” he said.

Speaking about the two prostitutes jailed in recent weeks, the garda said, “This was unusual in that they admitted they were prostitutes operating together from the one apartment. They got 10 weeks on a charge of living on the earnings of prostitution.”

The legislation on the Irish Statute Book came into effect in 1993 and in relation to prostitution imposes penalties for brothel keeping up to €1,269.74 and/or six months in prison on summary conviction in the district court. On indictment to the circuit court, this goes to a fine of up to €11,697.38 or five years in prison or both.

For living off the earnings of prostitution, the penalties accrue a fine up to €1,269.74 or six months in jail or both.

Currently, the legislation regarding users (where a person solicits a prostitute’s services in a public street or place) carries penalties on summary conviction amounting to a fine not exceeding €317 in the case of a first conviction, €634 in the case of a second conviction, or €634 and/or imprisonment for up to four weeks in the case of a third or any subsequent conviction.