Prostitution and Brothels - Sexual Offences Act 2003
Terms in this set (9)
Definition of a prostitute
'...a person (A) 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 (A) or a third person; and "prostitution" is to be interpreted accordingly.'
- On-street prostitution: This is where prostitution occurs on the streets. This includes parks, cars, stairwells and other public places.
- Off-street prostitution: This can be defined as any type of prostitution which does not take place on the streets. It generally includes prostitution that takes place in brothels, massage parlours and saunas or through escort agencies or call-out services. It also includes prostitution that takes place in privately owned flats or houses which is often far more inconspicuous.
These forms of prostitution are often categorised separately because they involve different methods of operation and involve different people for different reasons.
For example, there is generally a higher prevalence of substance misuse amongst those in on-street prostitution, and a higher prevalence of sexual exploitation through trafficking in off-street prostitution.
s.51A - Sexual Offences Act 2003
Soliciting Another Person for Sexual Services as a Prostitute
'...It is an offence for a person (A) in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.'
Kerb crawling - s.1 Sexual Offences Act 1985
A person commits an offence if he solicits another person or different persons for the purpose of prostitution:
a. from a motor vehicle while it is in a street or public place; OR
b. in a street or public place while in the immediate vicinity of a motor vehicle that he has just got out of or off persistently, or in such a manner or in such circumstances as to be likely to cause annoyance to the person (or any of the persons) solicited, or nuisance to other persons in the neighbourhood
s.52 Sexual Offences Act 2003
Causing or inciting prostitution for gain
'...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.'
'Gain' is defined in section 54 (1) of the Sexual Offences Act 2003 as:
'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.'
Although prostitution by adults aged 18 or over is not an offence in itself, this offence is intended to cover those who recruit others into prostitution for gain, whether by the exercise of force or otherwise.
Prostitution does not need to actually take place for the offence to be committed. The causing or inciting must take place in the UK.
The prostitution can take place, or be intended to take place, in any part of the world.
For example, a person in the UK might use the internet to recruit prostitutes to work in Eastern Europe.
s.33 and 33A - Sexual Offences Act 2003
Keeping a brothel
'...It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel.'
Definition of a brothel
Any premises - for example, private flats, saunas, massage parlours - may be classified as a brothel if they are used by more than one man or woman for the purpose of prostitution, whether on the same day or on different days.
A brothel can be defined as 'premises to which people resort for the purposes of prostitution'.
It is not illegal to sell sex at a brothel, provided the sex worker is not involved in 'management or control'.
Premises only become a brothel when more than one person uses it for prostitution, either simultaneously or one at a time. So, for example, a house occupied by one woman and used by her alone for prostitution is not a brothel.
The essence of these offences, in particular Section 33A, is to eradicate managed and controlled exploitation, which is often associated with this business.
Section 33A Sexual Offences Act 2003 added a new section (33A) to provide a clearer definition of a brothel in this legislation. It kept the same offence as the 1956 Act, but added 'to which people resort for practices involving prostitution (whether or not also for other practices)'.
s.53 - Sexual Offences Act 2003
Controlling prostitution for gain
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.
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