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Paying for Sex: from April 1st 2010 |
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Sex Laws Info
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With effect from 1 April 2010, section 53A of the Sexual Offences Act 2003, as inserted by section 14 of the Policing and Crime Act 2009, creates a new offence of paying for the sexual services of a prostitute subjected to force etc.
Section 53A provides:
- 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 offences 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). - 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. - C engages in exploitative conduct if:
(a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or
(b) C practices any form of deception
The offence is one of strict liability. This means that it is irrelevant whether A is, or ought to be, aware that B is subject to exploitative conduct by C.
This offence has been introduced to address the demand for prostitution services and reduce all forms of commercial sexual exploitation. It has been developed, in part, to enable the UK to meet its international legal obligations to discourage the demand for sexual services in support of Conventions to suppress and prevent trafficking for sexual exploitation.
It is anticipated that this offence will be considered most often in relation to off-street prostitution. If the police apprehend someone who has paid for sexual services with a person involved in street prostitution, it is likely that soliciting (section 51(A) Sexual Offences Act 2003 would be a more appropriate offence to pursue as this does not require proof of exploitative conduct.
The offence is most likely to arise in police brothel raids where there is enforcement against suspects controlling or exploiting prostitution for gain and where clients are apprehended in the operation. However, the offence is not limited to particular types of premises. It could therefore apply to premises which may have a legitimate business, for example a nightclub, as well as on-line internet-based services.
Source: Crown Prosecution Service
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Last Updated on Friday, 02 April 2010 23:51 |
Sex Laws Info 