Sex Work, Trafficking and Slavery Flashcards
What is a prostitute defined as?
(s 51(2) of the Sexual Offences Act 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 [him/her] or a third person’.
s 1(1) of the Street Offences Act 1959 states that it is an offence for a person (male or female) to:
Penalty?
Persistently* loiter or solicit in a street or public place for the purpose of prostitution.
*conduct is persistent if it takes place on two or more occasions in any period of three months;
Penalty:
- 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.
Under what legislation is it an offence for a person to solicit the services of a prostitute in a public place?
s 51A of the Sexual Offences Act 2003
Triable summarily and the penalty is a fine.
Paying for sexual services of a prostitute subjected to force etc.
(1) A person (A) commits an offence if—
s 53A of the Sexual Offences Act 2003
(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
Triable summarily and the penalty is a fine.
Causing or inciting prostitution for gain
(1) A person commits an offence if—
s 52 of the Sexual Offences Act 2003
(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.
Controlling Prostitution for Gain
A person commits an offence if:
S53 (1) Sexual Offences Act 2003
(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.
It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel.
S33 Sexual Offences Act 1956
In order for it to be called a brothel, there has to be more than one person selling sex on the premises.
What is modern slavery?
An umbrella term that includes human trafficking and slavery, servitude and forced or compulsory labour.
These crimes all involve exploitation.
Slavery is one where one or more persons seem to have ownership over another person(s) and can therefore exploit the victim.
Under what legislation is slavery prohibited?
Article 4 of the European Convention on Human Rights
Slavery, servitude and forced labour are all offences under what legislation?
s 1 of the Modern Slavery Act 2015
Does age and consent matter with human trafficking?
UK Only?
The victim can be of any age and whether he/she consents to travelling is relevant, and the travelling can be to or from the Uk, or within the UK (s 2 of the MSA)
Most of the offences relating to sexual exploitation can be found in what legislation?
Part 1 of the Sexual Offences Act 2003
s 1 of the Protection of Children Act 1978 (indecent photographs of children).
s 33A of the Sexual Offences Act 1956, related to the offence of keeping a brothel.
What is labour exploitation?
When the victim is forced to work under unacceptable conditions, often in factory work, agriculture, construction, catering and hotels.
It often involves threats or physical harm, restrictions of movement, debt bondage, withholding wages, retention of identity documents, and treating to reveal the illegal status of the worker to the authorities.
What is servitude?
Involves providing services through threat or coercion.
For example, domestic servitude is when victims are forced to cook or clean in other people’s homes.
Unlike slavery, servitude does not involve ‘ownership’, but the victim will often have little change of improving or changing his/her conditions.
The circumstances under which a person is found can be used to help to determine whether they are being held for the purposes of slavery, servitude and forced labour.
What factors should be considered?
Vulnerability due to age, familial relationship to the offender, or mental and physical illness (s 1(4)(a) of the MSA).
The type of activity and the context are also relevant, e.g the work of provision of services may involve sexual exploitation, removal of organs, threats or deception (MSA s 1(4)(b)).
Under s 54A of the MSA, what must commercial organisations operating in the UK with an annual turnover of over £36 million do?
Required to either disclose the steps they have taken to ensure their business does not involve modern slavery (including their supply chain), or to make a statement that they have taken no such action.
Initial indicators that a person may have been trafficked include:
Human rights breaches Threats or actual harm to family members Deprivation of food, water and sleep Withholding medical care Forced to provide sexual acts Having wages partly or totally withhold Debt bondage Working excessive hours Not having access to identity documents (e.g passport) Restricted freedom of movement
Initial indicators that a child may have been trafficked include:
No money/ debts to pay/ still have a mobile phone? Physical abuse Being sexually active Having STIs Unwanted pregnancies Substance abuse Contact with adults outside social circle Homelessness Self harming Forming online relationships with adults
What can police use to trigger the procedures of formal identification and the provision of support for victims of slavery and human trafficking?
The National Referral Mechanism
This will be the UK Human Trafficking Centre (UKHTC) for individuals from the European Economic Area (EEA), and UK Visas and Immigration for non-EEA individuals.
To prevent a person from engaging in modern slavery the police can do what?
Apply to a magistrates court for a Slavery and Trafficking Prevention Order (STPO) or a Slavery and Trafficking Risk Order (STRO) under s 2 of the MSA.
Preventing a person from engaging in modern slavery
What is a Slavery and Trafficking Prevention Order (STPO)?
An STPO lasts for 5 years and can be imposed following a conviction for a modern slavery offence, or be issued as a stand alone order.
Preventing a person from engaging in modern slavery
What is a Slavery and Trafficking Risk Order (STRO)?
The risk of harm posed be an individual must be assessed, and the order can only be issued if there is evidence beyond reasonable doubt of the activity for a risk of harm.
The minimum duration of an STRO is two years.
Preventing a person from engaging in modern slavery
What happens when you breach an STPO or and STRO?
It is a criminal offence, punishable with up to 5 years imprisonment.
What is the maximum custodial sentence for slavery (including human trafficking)?
12 months if tried as a summary offence, and life imprisonment if tried under indictment (s 5 of the MSA).
