Prostitution and Trafficking
| Jurisdiction | United Kingdom |
| Pages | 243-297 |
| Author | Patricia Lees,Eleanor Laws |
8
PROSTITUTION AND TRAFFICKING
A. Introduction 8.01
Causing or Encouraging Prostitution
of Young Women or Girls 8.07
B. Offences Committed
pre- 31.12.1956 8.07
1. Procuration of Women under 21 into
Prostitution 8.07
C. Offences Committed between
1.1.1957 and 30.4.2004 8.13
1. Causing or Encouraging Prostitution
of a Girl under 16 8.14
2. Procuring a Girl under 21 to have
Unlawful Sexual Intercourse 8.21
D. Offences Committed from
1.5.2004 to Date 8.28
1. Paying for Sexual Services of a Child 8.29
2. Causing or Inciting Child Prostitution
or Inciting Child Pornography 8.37
3. Controlling a Child Prostitute or
a Child Involved in Pornography 8.51
4. Arranging or Facilitating Child
Prostitution or Pornography 8.64
Procuring Prostitution of Women 8.78
E. Offences Committed between
1.1.1957 and 30.4.2004 8.78
1. Causing Prostitution of Women 8.79
F. Offences Committed from
1.5.2004 to Date 8.87
1. Causing or Inciting Prostitution
for Gain 8.87
Living on the Earnings of Prostitution 8.94
G. Offences Committed between
1.1.1957 and 30.4.2004 8.94
1. Man Living on Earnings of Prostitution 8.96
2. Women Exercising Control over
Prostitute 8.104
3. Detention of a Woman in a Brothel or
other Premises 8.110
4. Soliciting by Men for Immoral Purposes 8.117
H. Offences Committed between
27.7.1967 and 30.4.2004 8.124
1. Living on the Earnings of Male
Prostitution 8.124
I. Offences Committed from
1.5.2004 to Date 8.131
1. Keeping a Brothel Used for Prostitution 8.131
2. Controlling Prostitution for Gain 8.138
Trafficking for Sexual Exploitation 8.145
J. Offences Committed between
1.1.1957 and 30.4.2004 8.146
K. Of fences Committed from
1.5.2004 to 5.4.2013 8.149
1. Tracking into the UK for Sexual
Exploitation 8.150
2. Tracking within the UK for Sexual
Exploitation 8.157
3. Tracking out of the UK for Sexual
Exploitation 8.164
4. Tracking People for Sexual
Exploitation 8.172
5. Human Tracking 8.181
Paying for the Sexual Services of a
Prostitute Subjected to Force etc 8.190
A. INTRODUCTION
Before the SOA 1956 was passed, several oences relating to prostitution and trading in
prostitution existed, in particular under the Vagrancy Act 1898.1 Taking into account the
rarity of these pre- 1.1.1957 oences being prosecuted, only one, procuration of women
under 21 into prostitution, has been included.2
1 Vagrancy Act (VA) 1898, s 1: living o the earnings of prostitution. Commencement date 12.10.1898.
2 CLAA 1885, s 2.
8.01
.
Aer 1.1.1957 a great number of oences were created to deal with prostitution and the ex-
ploitation of prostitute s.
Until the passing of the SOA 2003 there were few statutory oences dealing with the ex-
ploitation of male prostitutes. Such oences as did exist dealt primarily with adult males/
females living o the earnings of male prostitution3 (except the oence of Solicitation by
Men, contrary to the SOA 1956, s 32; see paras 8.96– 8.102).
It was only aer 1.5.2004 that the oences of procuring or causing prostitution of males
were made oences.4 Further, summary only oences of kerb crawling and soliciting were
extended to cover male and female prostitutes.5
See paras 7.143– 7165 for the following oences involving prostitution and the mentally
disordered:
Causing or encouraging prostitution of a defective
Permitting premises to be used for sexual intercourse with a female defective
Causing or encouraging the prostitution of any women or girl who is defective
Permitting premises to be used for sexual intercourse with a female defective
ese oences have been dealt with chronologically, in their categories:
A. C ausing or encouraging prostitution of young women
B. Causing prostitution of women
C. Living on the earnings of prostitution
D. Tracking of prostitutes
Causing or Encouraging Prostitution of Young Women or Girls
B. OFFENCES COMMITTED PRE- 31.12.1956
1. Procuration of Women under 21 into Prostitution
Criminal Law Amendment Act 1885, s 2
Denition
Procures or attempts to procure any girl or woman under 21 years of age to have unlawful
carnal connection, either within or without the Queen’s dominions with any other person
or persons; or
3 SOA 1967, s 5.
4 SOA 2003, ss 52 and 53.
5 SOA 2003, s 56 and Sch 1.
8.02
8.03
8.04
8.05
8.06
8.07
. -.. 245
(1) Procures or attempts to procure any woman or girl to become, either within or
without the Queen’s dominions, a common prostitute; or
(2) Procures or attempts to procure any woman or girl to leave the United Kingdom with
intent that she may become an inmate of a brothel elsewhere; or
(3) Procures or attempts to procure any woman or girl to leave her usual place of abode in
the United Kingdom (such place not being a brothel) with intent that she may, for the
purposes of prostitution, become an inmate of or frequent a brothel within or without
the Queen’s dominions.
Proof
As per Denition.
In addition:
(i) ‘common prostitute’ covers the oer by a woman of her body for acts of ‘lewdness’ for
payment in return.6 e female has to be prepared to make such an oer to ‘all and
sundry’ for any one who might hire her for that purpose, not just on one occasion.7
Notes
Triable on indictment only.
Indictment
PROCURING A WOMAN UNDER 21 TO BECOME A COMMON PROSTITUTE
Pre- 31.12.1956
Statement of Oence
PROCURING A WOMAN TO BECOME A COMMON PROSTITUTE, contrary to
section 2(1) of the Criminal Law Amendment Act 1885.
Particulars of Oence
D on the . . . day of . . . procured C, a woman, not being a common prostitute, aged under
21 years, to become a common prostitute.
6 R v De Munck 13 Cr App R 113 CCA, [1918– 19] All ER Rep 499.
7 R v Morris- Lowe [1985] 1 All ER 400.
8.08
8.09
8.1 0
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