Often, there is a web of complex, inter-woven social factors that binds people into prostitution. There is a strong correlation with homelessness, sexual abuse, violence at home, run aways, drug use, time in care, poverty, debt and poor education.
As well as drawing individuals into the sex industry, these social factors can also be significant barriers to exiting. There is much academic debate over the notion of free choice — whether individuals enter prostitution voluntarily or are coerced by unequal power.
Prostitution law in the UK was then further set out in the Sexual Offences Act , which reflected the findings of the Wolfenden Committee. The Wolfenden Committee had been set up in response to the increasing visibility of prostitutes in London during the early s, along with an increase in the number of homosexual offences and media scandals being reported in the press at the time.
The Wolfenden Committee treated prostitution and its status in the law as a moral issue and this was reflected in the text of the Sexual Offences Act. This led to famous debates between Lord Devlin and the philosopher Herbert Hart. Stricter controls of street prostitution were recommended by the report, and these were put into effect in the Street Offences Act of Early s In , the Criminal Justice and Police Act created an offence to place advertisements relating to prostitution on, or in the immediate vicinity of, a public telephone box.
This provision was though to become less relevant in time with the emergence of mobile phones and the growth of the internet. In terms of prostitution policy, the then Labour government said it wanted to reduce prostitution in the UK, but argued that legal controls were too blunt a tool. In late , the Home Office announced its intention to review the laws on prostitution with the aim of overhauling the dated regulations of the Act.
The murders of five prostitutes in Ipswich in November and December reignited calls for a new approach to tackling the issue.
In November , the Home Office published the findings of a six month review into how the demand for prostitution could be reduced. And it is time for that to change. The Bar Council warned that the offence as drafted risked convictions that may be seen as unfair by reasonable people and that such convictions would bring the criminal law into disrepute, particularly given the stigma that would result.
The Policing and Crime Bill, introduced to the Commons in December , created a new offence of paying for sex with someone who is controlled for gain, and subjected to force, coercion or deception. The Act also introduced new powers to close brothels. The Policing and Crime Act also modified the law on soliciting. It created a new offence for a person to persistently loiter in a street or public place so to solicit another for the purpose of obtaining a sexual service as a prostitute.
The reference to a person in a street or public place includes a person in a motor vehicle in a street or public place. This replaced the offences of kerb crawling and persistent soliciting under sections 1 and 2 of the Sexual Offences Act with effect from 1 April Since The Coalition government was strongly criticised in the Spring of for declining to support a proposal for an EU directive to prevent and combat trafficking in human beings and to protect the victims who were trafficked for different purposes, including into the sex industry.
This guidance provides practical and legal guidance to Prosecutors dealing with prostitution-related offences. The individual policies that sit within the VAWG framework will be applied fairly and equitably to all perpetrators and victims of crime, regardless of gender.
The CPS works closely with the police on all prostitution-related offences. Prosecutors should be aware that there is autonomy as to how forces police prostitution within their area. For those offences which are summary only — loitering and soliciting, kerb crawling, paying for sexual services, keeping a brothel and advertising prostitution — the police retain the discretion:.
However, the police guidance provides practical advice when dealing with prostitution-related issues to ensure consistent levels of service, whilst balancing the need to protect those involved in prostitution from crime. The strategic principles for policing prostitution emphasise that those who sell sex should not be treated as offenders but as people who may be or become victims of crime.
Prostitution should be tackled in partnership with other organisations and projects offering support services. The Police guidance recognises the diverse nature of prostitution and the different challenges in responding. It also emphasises the need to robustly investigate organised criminal activity associated with sexual exploitation. This CPS guidance provides links to other legal guidance associated with exploitation of prostitution, including trafficking for sexual exploitation, drugs and domestic abuse.
Whilst historically, case-law and legislation detailed below used the female gender when setting out offences, for present-day purposes it should be noted that the law encompasses everyone.
When considering charging, in addition to the public interest factors set out in the Code for Crown Prosecutors , the following public interest aims and considerations should be borne in mind:. Coercion and manipulation often feature in these cases and the focus should be on prosecuting those who exploit and coerce children, with the child being treated as a victim. For those who sexually abuse children, offences under Sections 47—51 of the Sexual Offences Act should be considered.
There can be strong links between prostitution and problematic substance drug and alcohol use, on a number of levels. For example, such usage can be a coping mechanism for people involved in prostitution. For others, it can be an addiction funded by the prostitution itself. On the other side of the spectrum, it can be a method to embroil and coerce another into prostitution. Other vulnerabilities of those who sell sex may include mental illness and depression, homelessness or vulnerable housing status, domestic abuse and previous experience of the criminal justice system.
Suitable cases should be dealt with by means of diversion from the criminal justice system, with referral to special exiting and outreach support. This would include mental health support, benefits advice, education, training and employment support, drug and alcohol services, health services and domestic abuse services. Human trafficking is a lucrative business and is often linked with other organised crime within the sex industry, covering criminal activities such as immigration crime, violence, drug abuse and money laundering.
Victims may be targeted for sexual exploitation because of their immigration status, economic situation or other vulnerabilities. For further guidance on trafficking for sexual exploitation see Human Trafficking, Smuggling and Modern Slavery , elsewhere in the Legal Guidance.
Those who sell sex are often targets of violent crime, which can include physical and sexual attacks, including rape. Evidence suggests that offenders deliberately target those who sell sex because they believe they will not report the crime to the police. Perpetrators of such offences can include clients or pimps. There is a strong public interest in prosecuting violent crimes against those who sell sex. In circumstances where a person who sells sex has reported a criminal offence and decided to support a prosecution, special measures should be considered at the earliest opportunity to give them the necessary support and confidence to provide evidence, including through the use of ABE interviews.
Prosecutors should be alert to Section 41 Youth Justice and Criminal Evidence Act , which protects complainants in proceedings involving sexual offences by placing restrictions on evidence or questions about their sexual history. The Court may give leave in relation to any evidence or question only on an application made by or on behalf of an accused. Subsections 2 - 6 set out the circumstances in which courts may allow evidence to be admitted or questions to be asked about the complainant's sexual behaviour.
Refer to Special Measures , elsewhere in the Legal Guidance. Those involved in prostitution may face violence from their partners, especially if they are also controlling their activities. Although these cases may be difficult to identify and prosecute, Prosecutors should be alert to this fact and consider whether domestic and sexual abuse is being used as a form of control and whether or not charges could be instigated against the perpetrator. The CPS guidance on prosecuting cases of domestic abuse provides advice on how to proceed in cases involving those who sell sex and how to identify controlling or coercive behaviour.
Section 1 1 of the Street Offences Act amended by Section 16 of the Policing and Crime Act makes it a summary-only offence for a person persistently to loiter or solicit in a street or public place for the purposes of offering services as a prostitute. Once conduct has formed the basis of a prosecution, the same conduct cannot be included in the scope of any later prosecution.
Section 1 of the Street Offences Act was amended by section 68 7 of the Serious Crime Act , so that the offence of loitering or soliciting applies only to persons aged 18 or over. In so doing, it recognises children as victims in such circumstances. This offence is punishable by a fine not exceeding level two on the standard scale. For an offence committed after a previous conviction, this increases to a fine not exceeding level three on the standard scale.
Section 17 of the Policing and Crime Act introduced orders requiring attendance at meetings as an alternative penalty to a fine for those convicted under Section 1 1. The Court may deal with a person convicted of this offence by making an order requiring the offender to attend three meetings with a supervisor specified in the order or with another person as the supervisor may direct.
The purpose of the order is to assist the offender, through attendance at those meetings, to address the causes of prostitution and find ways to cease engaging in such conduct in the future.
Prosecutors should, when appropriate, remind the Court of the availability of the order following conviction. Where the court is dealing with an offender who is already subject to such an order, the Court may not make a further order under this section unless it first revokes the existing order. Section 18 of the Policing and Crime Act amends Section 5 of the Rehabilitation of Offenders Act for those sentenced to such an order.
When the order has been completed, the person will have become a rehabilitated person under the Rehabilitation of Offenders Act. Subject to the circumstances of the individual case, a conditional caution with a condition to attend a Drug Intervention Program DIP and a drug rehabilitative condition attached may be considered appropriate. A DIP condition can be tailored to best suit each individual, their drug use and nature of offending and can be used to help an individual avoid a criminal record.
However, one of the issues that prevent this being used more frequently is that a restrictive condition must also be put in place when a conditional caution is imposed to prevent re-offending.
Many of those who sell sex will not accept a caution if it restricts them from continuing to loiter or solicit in the same areas. The following are summary-only offences under the Sexual Offences Act :.
Section 33A of the Sexual Offences Act inserted by Sections 55 1 and 2 of the Sexual Offences Act creates an either-way offence of keeping, managing, acting or assisting in the management of a brothel to which people resort for practises involving prostitution whether or not also for other practices. It is, therefore, not necessary to prove that the premises are in fact used for the purposes of prostitution, which involves payment for services rendered.
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