In the United Kingdom, prostitution itself (the exchange of sexual services for money) is not a crime,[2] but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are crimes.
In England and Wales and in Northern Ireland it is an offence to pay for sex with a prostitute who has been “subjected to force” and this is a strict liability offence (clients can be prosecuted even if they didn’t know the prostitute was forced).
It is illegal to buy sex from a person younger than 18, although the age of consent for non-commercial sex is 16.
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(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).
(2) The following are irrelevant—
- (a) where in the world the sexual services are to be provided and whether those services are provided,
- (b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.
(3) C engages in exploitative conduct if—
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or
- (b) C practises any form of deception.
51A Soliciting.
(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.
(4) In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.”
(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
52 Causing or inciting prostitution for gain[8]
(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.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
53 Controlling prostitution for gain[9]
(1) A person commits an offence if—
(a) he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
(b) he does so for or in the expectation of gain for himself or a third person.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
33A Keeping a brothel used for prostitution
(1) It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).
In regard to child prostitution:
The following offences are created by the Sexual Offences Act 2003:
The Policing and Crime Act 2009 made amends to the laws on soliciting and loitering for the purposes of prostitution. The main changes are the shifting of focus from the prostitutes to the customers. Before 1 April 2010, it was illegal for a customer to kerb crawl/solicit only if this was done "persistently", or "in a manner likely to cause annoyance". Today, all forms of public solicitation by a customer are illegal, regardless of the manner in which the prostitute was solicited. In regard to prostitutes, before 1 April 2010, a prostitute was committing a crime by soliciting/loitering in a public place more than once in a period of one month. Today, she commits a crime if she does it more than once in a period of three months.
Former laws which have been replaced by the new offenses created by the Policing and Crime Act 2009.
According to the present law, one prostitute may work from an indoor premises, but if there are two or more prostitutes the place is considered a brothel and it is an offence.
Historically, local police forces have wavered between zero tolerance of prostitution and unofficial red light districts.
During recent years there has been long and widespread debate about the legal situation of prostitution in the UK, and, currently, the government appears to favour tough "anti-prostitution" laws. The debate had centred around whether UK should follow the example of Netherlands, Germany or New Zealand and tolerate prostitution, or whether the country should make it illegal to pay for sex, like in Sweden, Norway and Iceland. In 2006, the government raised the possibility of loosening the prostitution laws and allowing small brothels in England and Wales, but in the end the plans to allow "mini brothels" were abandoned, after fears that such establishments would bring pimps and drug dealers into residential areas. Instead, it was decided that prostitution should not be tolerated and the laws should become even stricter.
After this, a government minister suggested that rather than permitting mini-brothels, they would like to tackle the "demand side" of prostitution and make it illegal to pay for sex.[14]. This was Minister for Women and Equality, Harriet Harman.[15][16] Ministers pointed to Sweden, where purchasing sexual services is a criminal offence.
The government's tougher approach towards prostitution began to make legislative progress in 2008, as Home Secretary Jacqui Smith announced that paying for sex from a prostitute under the control of a pimp would become a criminal offence. Clients could also face rape charges for knowingly paying for sex from an illegally trafficked woman, and first-time offenders could face charges.[16]
The Policing and Crime Act 2009 made it an offence to pay for the services of a prostitute "subjected to force" to implement that proposal. It also made other provisions in relation to prostitution.[3]
The following are offences:
(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).
(2) The following are irrelevant—
- (a) where in the world the sexual services are to be provided and whether those services are provided,.
- (b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.
(3) C engages in exploitative conduct if—
(4) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or.
- (b) C practises any form of deception.
This article was inserted on 1 April 2010[4] by section 15 of the Policing and Crime Act 2009.
(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.
(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.
(3) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
This article was substituted on 1 April 2010[4] by section 20 of the Policing and Crime Act 2009.
The offence of kerb-crawling, formerly created by article 60 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2) and the offence of persistent soliciting, formerly created by article 61 of that Order, were both abolished on 1 April 2010[4] by section 20 of the Policing and Crime Act 2009, which created the new offense of "soliciting"- "Soliciting: Northern Ireland For Articles 60 and 61 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 (N.I. 2)) (kerb-crawling and persistent soliciting) substitute".
A similar situation exists in Scotland, where prostitution itself (the exchange of sexual services for money) is not illegal, but associated activities (such as public solicitation, operating a brothel or other forms of pimping) are criminal offences.
Street prostitution is dealt with under the Civic Government (Scotland) Act 1982, section 46(1), which states that:
Kerb crawling, soliciting a prostitute for sex in a public place and loitering for the same purpose are also criminal.[17][18]
(1) A person (“A”) who, for the purpose of obtaining the services of a person engaged in prostitution, solicits in a relevant place commits an offence.
(2) For the purposes of subsection (1) it is immaterial whether or not—
(a) A is in or on public transport,
(b) A is in a motor vehicle which is not public transport,
(c) a person solicited by A for the purpose mentioned in that subsection is a person engaged in prostitution.
(6) In this section— ...
"relevant place" means—
(a) a public place within the meaning of section 133 of the Civic Government (Scotland) Act 1982 (c. 45), (b) a place to which at the material time the public are permitted to have access (whether on payment or otherwise),
and in subsection (1) includes a place which is visible from a place mentioned in paragraph (a) or (b).[19]
Operating a brothel is illegal:
(5) Any person who—
(a) keeps or manages or acts or assists in the management of a brothel; or
(b) being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or
(c) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is willfully a party to the continued use of such premises or any part thereof as a brothel,
shall be guilty of an offence. [20]
Other forms of pimping are also illegal. [20]
There was formerly no specific offence directed at clients in Scotland in contrast to the “kerb crawling” offence in England and Wales in the Sexual Offences Act 1985. However the Prostitution (Public Places) (Scotland) Act 2007 introduced a kerb crawling offence in Scotland, the maximum penalty for which is a £1000 fine. This came into force on 15 October 2007.
A Prostitution Tolerance Zones Bill was introduced into the Scottish Parliament but failed to become law. Instead, the Parliament passed the Prostitution (Public Places) (Scotland) Act 2007 which leaves the law relating to prostitutes unchanged but introduces a new offence committed by their clients.
In April 2010, a plan to criminalize the customers, which had been introduced by Labour politicians, was rejected.[21][22] A further attempt by Marlyn Glen (Labour) to introduce this (amendment 6) at Stage 3 was also voted down 78: 44 on June 30, 2010. [23]
The total number of prostitutes is not known and is difficult to assess, but authorities and NGOs estimate that approximately 100,000 persons in the country are engaged in prostitution.[24] The personal circumstances of prostitutes are not clear and are, as elsewhere, the subject of political controversy.
The sex trade takes different forms, such as prostitution practiced in massage parlors, saunas, private flats, street prostitution and escort prostitution. The enforcement of the anti-prostitution laws is very lax.
In the late 2000s, a study compiled by the Poppy Project found brothels in all 33 London local authority areas. Westminster had the highest number with 71, compared with 8 in Southwark. For this study the researchers had posed as potential customers and had telephoned 921 brothels that had advertised in local newspapers. The researchers estimated that the brothels generated between £50m and £130m a year. Many brothels operated through legitimate businesses - licensed as saunas or massage parlours - though the vast majority were in private flats in residential areas. The report found 77 different ethnicities among the prostitutes, many from areas such as Eastern Europe and South-East Asia.[25] The study has been called "the most comprehensive study ever conducted into UK brothels" but its methodology has been criticized, and it has been rejected by sex workers' activists and academic studies.[26] [27] [28]
According to a 2009 study by TAMPEP, of all prostitutes in the UK, 41% were foreigners - however in London this percentage was 80%. The total number of migrant prostitutes was significantly lower than in other Western countries (such as Spain and Italy where the percentage of all migrant prostitutes was 90%). The migrant prostitutes came from: Central Europe 43%, Baltic 10%, Eastern Europe 7%, Balkan 4%, other EU countries 16%, Latin America 10%, Asia, 7%, Africa 2%, North America 1%. 35 different countries of origin were identified.[29]
A CATI survey conducted in January 2008 revealed the following answers:
Paying for sex exploits women and should be a criminal offence: 44% of the total respondents agree (65% of those aged 18–24 agree; 48% of all women agree, 39% of men agree)
Paying for sex exploits women but should not be a criminal offence: 21% of the total respondents agree
Paying for sex does not exploit women and should not be a criminal offence: 17% of the total respondents agree
Paying for sex does not exploit women but should be a criminal offence: 8% of the total respondents agree [30]
A Ipsos-Mori poll conducted in July and August 2008 showed that 61% of women and 42% of men thought that paying for sex was "unacceptable". 65% of women and 40% of men said selling sex was "unacceptable". Young people were the most opposed to prostitution: 64% of the youth said that paying for sex was "unacceptable" and 69% believed that selling sex was "unacceptable"; older people had more relaxed attitudes about prostitution (men over 55 were the most accepting of buying sex). 60% of all the people who were questioned would feel ashamed if they found out a family member was working as a prostitute. 43% thought it should be illegal to pay for sex, however 58% would support making it illegal to pay for sex if "it will help reduce the numbers of women and children being trafficked into the UK for sexual exploitation". [31][32][33][34]
Prostitutes, especially street prostitutes, are at a very high risk of murder and assault.
The Ipswich serial murders took place between 30 October and 10 December 2006, when the bodies of five murdered women were discovered at different locations near Ipswich, Suffolk, England. All the victims were prostitutes from the Ipswich area. Steve Wright was sentenced to life imprisonment - with recommendation of a whole life tariff - for the murders. The case received high media attention.
In Bradford, in 2010, Stephen Shaun Griffiths, 40, was arrested on 24 May and subsequently charged with killing the three prostitutes.[35] On 21 December 2010 Griffiths was convicted of all three murders after pleading guilty. He was given a life sentence.[36]
David Cameron, the new Conservative prime minister, said the murders were a "terrible shock". He said the decriminalization of prostitution should be "looked at again", but he also added that: "I don't think we should jump to conclusions on this - there are all sorts of problems that decriminalisation would bring." Later, aides close to Cameron strongly insisted he was not suggesting prostitution should be legalised and was more concerned with addressing the social problems surrounding it such as encouraging agencies to work together to help women off the streets or to combat drug addiction.[37] Cameron has also called for tougher action on kerb-crawling and drug abuse.[37][38] The debate as to whether a change in the law would protect prostitutes continues.[39]
There has been a growing awareness of human trafficking, in particular the trafficking of women and underage girls into the UK for forced prostitution. A particular high profile case resulted in the conviction of five Albanians who trafficked a 16 year old Lithuanian girl and forced her to have sex with as many as 10 men a day.[40]
Cases of sex trafficking in England and Wales are dealt with under the Sexual Offences Act 2003. This act deviates from the International definition of trafficking (from the UN Protocol) in that it does not require that a person is trafficked for sex against their will or with the use of coercion or force. Simply arranging or facilitating the arrival in the United Kingdom of another person for the purpose of prostitution is considered human trafficking . [10]
Section 57 (Trafficking into the UK for sexual exploitation) of the Sexual Offences Act 2003 reads [41]:
(1) A person commits an offence if he intentionally arranges or facilitates the arrival in the United Kingdom of another person (B) and either—
Offences relating to trafficking within and out of the UK are contained in sections 58 and 59 of the Act. These offences apply in England and Wales and Northern Ireland, with section 22 of the Criminal Justice (Scotland) Act 2003 providing similar offences for Scotland .[42]
The UK government signed The Council of Europe Convention on Action against Trafficking in Human Beings in March 2007, and ratified it in December 2008 .[43]
Internationally, the most common destinations for victims of human trafficking are Thailand, Japan, Israel, Belgium, the Netherlands, Germany, Italy, Turkey and the US, according to a report by the UNODC (United Nations Office on Drugs and Crime).[44]
The major sources of trafficked persons include Thailand, China, Nigeria, Albania, Bulgaria, Belarus, Moldova and Ukraine.[44]
Like many other countries, the UK has sex workers' rights groups, which argue that the best solution for the problems associated with prostitution is decriminalization. These groups have criticized the provisions from the Policing and Crime Act 2009.
The English Collective of Prostitutes (ECP) founded in 1975, campaigns for the decriminalization of prostitution, sex workers’ right to recognition and safety, and financial alternatives so that no one is forced into prostitution by poverty; in addition the ECP provides information, help and support to individual prostitutes and others concerned with sex workers’ rights. One member, Nikki Adams, said that the government was overstating the extent of the trafficking problem, and that most prostitution was consensual.[16]
The UK based International Union of Sex Workers (IUSW), part of GMB Trade Union, campaigns for the labour rights of those who work in the sex industry.
Legalized prostitution is opposed by radical feminists (such as Julie Bindel) who argue that prostitution is inherently exploitative, and by many in the Government and the police. Apart from ethical issues, the main argument brought against the legalization of prostitution is that such a move would only result in an increase in human trafficking and crime. The common example offered by anti-prostitution activists is that of Netherlands, which currently has severe problems with human trafficking and crime, the mayor of Amsterdam, Job Cohen having said about legal prostitution in his city: "We’ve realized this is no longer about small-scale entrepreneurs, but that big crime organizations are involved here in trafficking women, drugs, killings and other criminal activities" and "We realize that this [legal prostitution] hasn’t worked, that trafficking in women continues. Women are now moved around more, making police work more difficult.”[45] Three British ministers, Vernon Coaker, Barbara Follett and Vera Baird, had visited the Netherlands to study their approach to the sex trade, and had come to the conclusion that their policy of legal prostitution was not effective, and had therefore ruled out the legalization of prostitution in the UK.[46]
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