#MeToo, consent and prostitution – The Irish law reform experience

Abstract

The recent reform of Irish prostitution law introduced in Part 4 of the Criminal Law (Sexual Offences) Act 2017, which criminalised the purchase of sexual services, is based upon 1999 Swedish legislation in accordance with an approach termed ‘the Nordic model’. The Nordic approach has been subject to criticism from those who argue that laws criminalising sex purchase offend against personal autonomy. This article challenges that criticism, and offers feminist arguments for the reform, which represented a significant turn in the focus of Irish law from a framework based upon prohibition of public nuisance, towards an approach which views prostitution as an inherently exploitative transaction within a gendered context. The author argues that feminist arguments in support of the new Irish law are based upon reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement on the need to take account of social and economic contexts within which consent is given and choices made.