SEX WORK AND SOCIAL CONTROL Chair: Sarah Kingston Chair: Sarah Kingston

0083 - INTAKE INTERVIEWS WITH SEX WORKERS. PREVENTION AND IDENTIFICATION OF SEX TRAFFICKING ON A LOCAL LEVEL IN THE NETHERLANDS.

Maite Verhoeven (Netherlands)¹

1 - Research and Documentation Center (WODC)

In the Netherlands local governments recently introduced new rules and instruments in the regulated sex industry. Several cities with Red Light districts introduced obligatory intake interviews for people who want to start selling sex. These intakes are carried out by local authorities or by brothel owners and are intended to prevent and identify signs of sex

trafficking and exploitation in an early stage. During these intakes the authorities provide information on rights and obligations of sex workers, can direct to assistance and check if people are working voluntarily and independently. In our study we explored the experiences of sex workers, brothel owners and the authorities with this new policy. The findings are based on interviews with sex workers, brothel owners, stakeholders from local governments, police officers, and health professionals. The results show different approaches in the follow-up of possible signs of trafficking. In some cities signs are directed to the police, in other cities a (negative) work advice can be given, in order to prevent that women start doing sex work.

0084 - IMPROVEMENT OF SOCIAL POSITION SEX WORKERS IN THE NETHERLANDS; HOW CAN THEIR STIGMA DECREASE AND HOW CAN A BREAKTHROUGH OF CURRENT EXCLUSION ACTUALLY TAKE PLACE?

Maria Kennis (Netherlands)¹

1 - Avans University Centre for Public Safety and Criminal Justice

In the Netherlands empowerment and resilience of the individual are key concepts in government policy. A complex transition from a welfare state to a participative society is now taking place. Not all marginalized and excluded groups can meet these standards, at least not without effective support. In the support and guidance provided, there is a tendency to combine scientific and professional knowledge with experience expertise. This is considered a unique and irreplaceable source of knowledge in all kind of territories such as mental healthcare and addiction treatment. The deployment of experience experts is now considered as a prerequisite and a substantial cultural change in social work.

A new centre to support and advice prostitutes and other sex workers - as well as beginners who want information - was recently opened in the south of the Netherlands (Eindhoven). This centre combines the effort of professionals with trained ex-sex workers, who understand specific emotions, obstacles and circumstances. This was made possible because the Ministry of Safety & Justice recently provided new resources for sex workers, especially for those who wish to leave the sex business. Avans University of Applied Sciences supports this centre to develop methods. Relevant expertise is collected about how empowerment processes work for sex workers. Some of them live in marginality, others have experienced personal growth and contribute to social change. A group of Bachelor students in their last year help this centre with its delicate work by means of action research and q-methodology, e.g.:

- Trying to find out how stress factors for women with a hidden double life as a sex worker can be decreased.

- Providing legal advice to build a stronger position for sex workers.

79 - Helping an independent sex worker - who was asked to describe a new formula that can be used as a pilot for new policy - communicating with local government.

- Trying to find out what motivates men to choose for paid sex and how they think about the prostitutes’ safety, health and dignity.

The first results of these studies will be presented during a seminar in June 2015. The highlights of these first results will be summarized during the presentation.

0085 - SHOULD BUYING SEX AND USE OF DRUGS BE CRIMINALIZED?

Helgi Gunnlaugsson (Iceland)¹ 1 - University of Iceland

Many scholars believe it necessary that the criminal law reflects the values, beliefs and opinions of mainstream society. Most members of society agree that murder, rape and robbery are harmful to society and should therefore be controlled by criminal law. Some other types of behaviours, such as drug use and prostitution, are however more problematic since the harm they cause is primarily on those who are willing participants. Measurement of public attitudes on the criminal law is therefore important for various reasons. Should the criminal law only include behaviours that cause harm to others or should the penal code also include victimless crimes? The question to be addressed in this talk concerns whether there is general agreement among Icelandic citizens to criminalize possession and personal use of drugs and the buying of sexual services – the current legal practice in Iceland today.

The findings are based on a random sample of 1,500 individuals from the national register, all between 18 and 74 years old. The survey was conducted by the Social Sciences Research Institute, affiliated with the University of Iceland. This survey used phone interviews by trained interviewers in April of 2014. The response rate was approximately 60 percent and by weighting the data a satisfactory congruence between the sample and the adult population by sex, age and residence was achieved.

The main findings show that the majority of respondents supports criminalization of both personal possession of drugs and buying of sexual services. Women tend to support these two legislations to a greater degree than men, with younger respondents, in particular males, are more in favour of decriminalization of drug use, than older respondents.

Many scholars believe it to be vital to democratic societies that the criminal law reflects the values, beliefs and opinions of mainstream society. Most members of society agree that murder, rape and robbery are harmful to society and should be controlled by criminal law.

Some other types of behaviours, such as drug use and prostitution, are however more problematic since the harm they cause is primarily on those who are willing participants.

Public attitude surveys about criminal laws are therefore important for various reasons. Buying

sexual services in Iceland has been banned since 2009 and possession of drugs for personal use has been criminalized for decades.

The question to be addressed in this presentation concerns whether there is general agreement among Icelandic citizens to criminalize possession and personal use of drugs and the purchase of sexual services – the current legal practice in Iceland today.

The findings are based on an online sample drawn from the national register of individuals 18 years and older. The total number of participants in the survey was about 1500 and the response rate was around 60 percent. A satisfactory congruence between the sample and the nation by age, sex and residence was achieved by weighting the responses.

0086 - PROSTITUTION: WOMEN WHO PAY FOR SEXUAL SERVICES IN THE UK

Sarah Kingston (United Kingdom)¹; Natalie Hammond (United Kingdom)²; Scarlett Redman (United Kingdom)¹

1 - The University of Lancaster; 2 - Manchester Metropolitan University

It is often assumed that women would not or could not pay for sexual services. The sex industry appears to cater predominantly to male customers, with women selling services to them. Visible aspects of the sex industry, such as street prostitution appear to cater only for men who pay for sex. Yet, previous research has documented that women have travelled to Europe, South East Asia and the Caribbean to engage in sexual relations with local males;

commonly known as ‘female sex tourism’ or ‘romance tourism’. Critics of this research have argued that women’s engagement with local males is dis-similar to male sex tourism and women who pay for sex do not share the same experiences as men who buy sex. In this study we explore the motivations and experiences of women who buy sex in the United Kingdom. By interviewing women who pay for sexual services and men and women who sell sexual services to women, we have found that there are differences and similarities between the experiences of men and women who pay for sexual services. We have also found, that unlike the experiences of some women who are said to have engaged in ‘romance tourism’, some women who buy sexual services in the UK buy sexual services in a more ‘direct’ way, by taking control of the transaction, paying for services upfront, and requesting specific sexual services.

81 1.23 CORPORATE AND ORGANIZATIONAL CRIME: PREVENTING AND SANCTIONING Chair: Marieke Kluin

0087 - THE ROAD IS LONG: THE STRUGGLE FOR CORPORATE CRIMINAL LIABILITY IN FINNISH LEGISLATION

Anne Alvesalo-Kuusi (Finland)¹; Liisa Lähteenmäki (Finland)¹ 1 - Finnish Institute of Occupational Health

Occupational safety crimes were first criminalized in the Finnish penal code in 1995, and in 2003 corporate criminal liability (CCL) was imposed on these crimes. With these amendments the legislator aimed at expressing a particular disapproval, and simultaneously reacted on multiple changes that had occurred in the Finnish working life, namely those of networked organizations, temporary agency work, subcontracting and project work. In this presentation we set out to unveil the turns of the law-making process and to investigate the socio-historical struggle between various interest groups. The data of the research consisted of legislative documents such as committee memorandums and written opinions that were requested from concerned parties during the process, and the method of inquiry was qualitative content analysis and discourse analysis.

Even as the Act of corporate criminal liability took effect already in 1995, its coverage was watered down and its applicability restricted. Employment offences were excluded from the scope of legislation even though they were deemed essential by the majority of experts and government officials, and many commentators throughout the years of the reform project.

Moreover, corporations were given a great deal of legal protection by the punishment being made discretionary and the courts being given substantial leeway in the decision to drop charges if necessary. It took a further 8 years until in 2003 safety crimes were included in the CCL.

Despite the fact that CCL has been effective in safety crimes for over 10 years, there are hardly any studies examining the implementation of CCL in Finland. Nevertheless, the volume of occupational safety crimes reported to the authorities has more than doubled during 1996-2010, rising to 238 yearly cases in 2010. Since 2005 the amount of CCL convictions has also been on the rise, but still very few cases of safety crimes are convicted and even fewer punished with a corporate fine. In our presentation, we will also discuss our preliminary results of the data on corporate criminal liability convictions in Finland during 2010-2014. With a quantitative inquiry, we have scrutinized the convictions as to find out the characteristics of the cases that do end up in court and convicted. We will examine, among other things, the amount of fines, the severity of injury and the relationship between the two.

More info:

http://www.ttl.fi/en/research/research_projects/safety_crimes/Pages/default.aspx

0088 - OPTIC COMPLIANCE Marieke Kluin (Netherlands)¹ 1 - Leiden University

The main research aim of this PhD study was to explain compliance and rule violation within the framework of the interaction seen between field-level inspectors and regulatees and to focus on the enforcement of regulation by field-level inspectors from three different inspectorates. The dissertation adheres to a case study design model incorporating an in-depth analysis of 15 Seveso corporations. The empirical data was collected by studying a large number of documents belonging to the 15 chemical corporations in question which are kept at the databases of the Regional Environmental Protection Agency and the Occupational Safety and Health Agency and by carrying out participant observations during 19 Seveso inspections.

Finally a questionnaire was also distributed to chemical corporation employees.

The analysis presented in this research made clear that studying the compliance and non-compliance behaviour of chemical corporations, portrayed a diverse and fluctuating pattern:

that there is no one dominant pattern regarding compliance with and violation of occupational health and safety and environmental regulations. Based on my analysis of the observed inspections and perceptions of the regulatees, it was concluded that enforcement has little influence on regulatory compliance in Seveso corporations. It is possible that the enforcement actions are too lenient to create changes in behaviour.

This research showed that insofar as enforcement has affected compliance in an enforcement process violations that can be solved within the inspection period are, in the end, not finally labelled as violations. Individual differences in an inspector’s behaviour can influence the sanctioning practice and therefore also the enforcement. Both research approaches (objectivist and interpretive) leads to an optically better compliance, due to the interaction between field-level inspectors and regulatees and the method of enforcement.

This research identified the fact that corporations differed in their degree of responsiveness to enforcement practice. Classifications were presented of the corporations based on their regulatory behaviour. Out of the 15 corporations included in this research, 4 may be labelled malicious corporations that can be seen as purpose-driven, calculating, deliberately avoiding costs or rejecting authority. These corporations (each with more than 250 employees) displayed non-compliance behaviour despite the use of more severe enforcement actions by field-inspectors for a longer period of time. If we combine careless and malicious corporations then 10 of these 15 corporations can be viewed as less responsive and as displaying not exactly ideal compliance behaviour in relation to enforcement activities and regulations.

Finally, this study showed that regulatory compliance is a complex, flexible, symbiotic, dynamic

83 0089 - CONTROLLING CONSPIRACIES. HOW CARTELISTS DEAL WITH INTERNAL CONFLICTS Jelle Jaspers (Netherlands)¹

1 - Erasmus University Rotterdam

The study of corporate and organizational crime often concerns the actions of single firms and individuals within them. However, conspiracy between firms provides important insights into how organizations collaborate to commit crime. Business cartels can be seen as such a form of conspiracy. Corporations enter business cartels in order to control uncertainties in markets, damaging those markets by causing harm to consumers and other businesses. However, studies have shown that cartelists also face major challenges in controlling the cartel itself.

Cartelists cheat on the agreement by selling a greater quantity than allowed or selling below the agreed cartel price. Due to the illegal nature of cartel conduct formal legal control or arbitration are out of the question, comparable to organized criminal groups. This raises the question: how do cartelists deal with cheating and internal conflicts in absence of legal means?

This paper represents an analysis of official reports on (14) Dutch cartel cases. The data show that cartelists develop informal control mechanisms in order to coordinate, monitor and enforce cartel agreements. In light of a conflict however, the dominant strategy seems not to punish other cartel members. In contrast, by means of negotiation and compensation the members are often able to overcome internal conflicts. Cartels that manage to do this might have a better chance of survival than others and also manage to better control other market uncertainties threatening the cartel.

0090 - HOW TO USE KNOWLEDGE-BASED PROCESS MANAGEMENT TO PREVENT ORGANIZATIONAL ABUSE

Peter Szmodics (Hungary)¹

1 - Corvinus University of Budapest, Budapest

Understanding the role of knowledge-based processes is one of the key elements to correctly interpret the possible malfunctioning within organizations. Having not adequate process management may be the trigger of intentional or unintentional defects in the operation.

The current research’s aim is to introduce a pragmatic approach about how to manage knowledge effectively. As a general introduction the related standards and best practices will be assessed. After gaining a common understanding about the domain, a holistic framework is collated.

100 company representatives were asked about the followings: process management, knowledge management, strategy and their connection with prevention. The respondents provided a summary about their own attitude and their organization’s current status.

Evaluating the standards against the answers allows a detailed gap analysis what covers both the technical and the human aspects. Although the exploration of the knowledge management is complex, especially from this point of view, the results may provide a coherent composition of crucial factors.

Collecting the components helps with indicating the relevance of the domain, and shows those sub-areas what require more attention by pinpointing the preventive opportunities. The research has dual-purpose: it presents the theoretical background and it gives a practical guideline for the institutional environment.

1.24 A CONVERSATION: CRIMINOLOGY AND CARCERAL GEOGRAPHY