Prostitution

Question 1

What is a prostitute defined as?

Answer 1

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 [him/her] or a third person’.

(s 51(2) of the Sexual Offences Act 2003).

Question 2

Are public manifestations of prostitutions illegal?

Answer 2

Yes - almost all are. For example it is an offence for a prostitute to be clearly waiting for potential customers in a public place, or for a person to be seen to actively seek the services of a prostitute in a public place.

Question 3

s 1(1) of the Street Offences Act 1959 states that it is an offence for a person (male or female) to:

Answer 3

Persistently loiter or solicit in a street or public place for the purpose of prostitution.

For the purposes of this section:

(a) conduct is persistent if it takes place on two or more occasions in any period of three months;
(b) any reference to a person loitering or soliciting for the purposes of prostitution is a reference to a person loitering or soliciting for the purposes of offering services as a prostitute;
(c) ] “street” includes any bridge, road, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways and entrances of premises abutting on a street (as hereinbefore defined), and any ground adjoining and open to a street, shall be treated as forming part of the street.

Question 4

Persistently loiter or solicit in a street or public place for the purpose of prostitution.

Penalty?

Answer 4

s 1(1) of the Street Offences Act 1959

This offence is triable summarily and the penalty is a fine or a court order requiring the offender to attend three meetings with a suitable person.

Question 5

Under what legislation is it an offence for a person to solicit the services of a prostitute in a public place?

Answer 5

s 51(A) of the Sexual Offences Act 2003

Question 6

What is the slang for soliciting the services of a prostitute in a public place out of a car?

Answer 6

Kerb crawling

Question 7

s 51(A) of the Sexual Offences Act 2003

Penalty?

Answer 7

An offence for a person to solicit the services of a prostitute in a public place is triable summarily and the penalty is a fine.

Question 8

Controlling prostitution for gain

A person commits an offence if—

Answer 8

s 53(A) of the Sexual Offences Act 2003

Paying for sexual services of a prostitute subjected to force etc.

(1) A person (A) commits an offence if—
(a) A makes or promises payment for the sexual services of a prostitute (B),
(b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and
(c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

Has to involve exploitative conduct to induce or encourage provision of sexual services anywhere in the world. Conduct can be force, threats, coercion and deception.

Irrrelevant if services are actually provided, or whether client is aware of exploitative context

Question 9

s 53(A) of the Sexual Offences Act 2003

Penalty?

Answer 9

Controlling prostitution for gain

Triable summarily and the penalty is a fine.

Question 10

What legislation would ‘sex for rent’ i.e landlords taking advantage of financially vulnerable individuals to secure agreement to waive or lower rent be found under?

Answer 10

s 52 of the Sexual Offences Act 2003

Causing or inciting prostitution for gain

(1) A person commits an offence if—
(a) He intentionally causes or incites another person to become a prostitute in any part of the world, and
(b) He does so for or in the expectation of gain for himself or a third person.

Current guidelines suggest there may be a prima facie criminal offence committed by the landlords under s52 SOA 2003, so it would be legitimate to investigate to see whether offences had taken place.
The individuals should be questioned carefully, s53 would apply where the tenant makes the suggestion to the tenant.

Question 11

s 54 of the Sexual Offences Act 2003 defines “gain” as…

Answer 11

(a) Any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or
(b) The goodwill of any person which is or appears likely, in time, to bring financial advantage.

Question 12

s 54 of the Sexual Offences Act 2003 defines “payment” as…

Answer 12

“payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

Question 13

S51 (2) Sexual Offences Act 2003 defines a sex worker as:

Answer 13

‘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 [him/her] or a third person’

Question 14

S51 (A) of the Sexual Offences Act 2003 – Procuring the services of a prostitute (kerb-crawling):

Answer 14

‘It is an offence for a person to solicit the services of a prostitute in a public place’

Question 15

S53 (1) Sexual Offences Act 2003 – Paying / offering to pay for the service of an exploited prostitute:

A person commits an offence if:

Answer 15

(a) he/she intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
(b) he/she does so for or in the expectation of gain for himself/herself or a third person.

Question 16

S33 Sexual Offences Act 2003 - It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel.

Answer 16

The definition of a Brothel in English law is “a place where people are allowed to resort for illicit intercourse”.

In order for it to be called a brothel, there has to be more than one person selling sex on the premises.

Premises which are frequented by people for intercourse with only one sex worker are not a brothel and in practice to avoid committing this offence a sex worker who works in private must work alone. This often means vulnerable women are more likely to put themselves at risk of harm.