P Flashcards
Prostitution definition
S51(2) SOA 2003
A person who on at least one occasion, and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or another.
Basically receiving a payment for sexual services.
Applies to men and women.
Causing or inciting prostitution for gain
S52 Sexual Offences Act 2003
Causing or inciting prostitution for gain level of offence
Either way
Causing or inciting prostitution for gain definition
D commits an offence if he intentionally causes or incites another person to become a prostitute in any part of the world, and he does so for or in the expectation of gain for himself or another.
Gain
Any financial advantage
Controlling prostitution for gain
s53 SOA 2003
Controlling prostitution for gain level of offence
Either way
Controlling prostitution for gain definition
D commits an offence if he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and he does so for or in the expectation of gain for himself or a third person.
Who does controlling prostitution for gain target?
Pimps
No requirement for the person to have acted without free will
Sufficient to show the person acted under the instructions or directions of D
Paying for sexual services of a prostitute subjected to force
s53A SOA 2003
Paying for sexual services of a prostitute subjected to force level of offence
Summary
Paying for sexual services of a prostitute subjected to force definition
D commits a offence if D makes or promises payment for the sexual services of a prostitute who has been subject to exploitative conduct of a kind likely to induce or encourage the provision of sexual services for which the payer has made or promised payment.
The person responsible for the exploitative conduct must have acted for or in the expectation of gain for himself or another.
Sexual services can be anywhere in the world.
Strict liability - does not matter whether D knew or ought to know that the prostitute was subject to exploitative conduct
Keeping a brothel
s33A SOA 1956
Keeping a brothel level of offence
Either way
Keeping a brothel definition
It is an offence for D to keep, manage, or act or assist in the management of a brothel to which people resort for practices involving prostitution
Includes places also used for other practices e.g. massage parlour
Keeping a disorderly house
Common law
Keeping a disorderly house level of offence
Indictable
Keeping a disorderly house definition
It is an offence to keep a disorderly house.
House must be open, unregulated by the restraints of morality and run in a way that violates law and good order.
D must have knowledge that the house is being so used.
Requires persistence, not just a one off.
Loitering and soliciting
S1 Street Offences Act 1959
Loitering and soliciting level of offence
Summary
Loitering and soliciting definition
It is an offence for a person over 18 to persistently loiter or solicit in a street or public place for the purposes of prostitution.
Persistent - more than twice in 3 months.
Just have to be seen in a street/public place so could be in window.
Kerb crawling
S51A SOA 2003
Kerb crawling level of offence
Summary
Kerb crawling definition
It is an offence for a person in a street or public place to solicit another for the purpose of obtaining their sexual services as a prostitute.
Aimed at those seeking services of a prostitute.
