The Law On Prostitution
In the United Kingdom, prostitution (the exchange of sexual services for money or
goods) is legal for the client and prostitute when aged 18 or over. However several
related activities are illegal, these include soliciting in a public place, keeping
a brothel, pimping, pandering, kerb crawling and outraging public decency (having
sex in public). Since the Sexual Offences Act 2003, the words Prostitute & Escort
are gender neutral, previously some laws only applied to female prostitutes/escorts.
It is Illegal in England and Wales:
- for a "prostitute/escort" to loiter or conduct solicitation in a street or public
place, therefore outlawing street prostitution.
- for a potential client to solicit in a public place, or solicit from a motor vehicle
("kerb crawling"). (In 1991 the head of the Crown Prosecution Service, Sir Allan
Green, was caught committing this offence and resigned.)
- to keep a brothel (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).
- when an Escort Agency is controlling the prostitutes/escorts.
- child prostitution is specifically illegal for the person paying (where child is
defined as below 18) controlling prostitution for gain is an offence, banning pimping.
The last offence replaced the similar "living on earnings of prostitution" under
the Sexual Offences Act 1956.
Definition of a Brothel:
- A brothel is a premises where two or more prostitutes/escorts (the words Prostitute
& escort are gender neutral) work.
Definition of a Prostitute/Escort:
- A prostitute/escort is defined by the Sexual Offences Act 2003 as someone who has
offered or provided sexual services to another person in return for any financial
arrangement on at least one occasion. This definition replaces the previous definition
of a common prostitute (the words Prostitute & Escort are gender neutral).
It ‘is Legal’ in England and Wales:
- for a Prostitute or Escort to work in the privacy of his or her own private home,
as is working as an outcall Escort so long as the prostitute or escort works alone
(the words Prostitute & Escort are gender neutral). (If two prostitutes or escorts
(the words Prostitute & Escort are gender neutral) work together the place is then
classed as a brothel and is illegal)
Reform to prostitution laws
During 2008 & 2009, the Government planned to make prostitution illegal, by making
it illegal to pay for sex with a prostitute "controlled for anothers gain" (such
as a pimp or a brothel owner). This would criminalise almost all clients of prostitutes.
Dr. Suzanne Jenkins said my research data leads me to conclude that there are a number
of consequences of the current legal approach which have a negative effect.
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
illegal.
Historically, local police forces have wavered between zero tolerance of prostitution
and unofficial red light districts. The English Collective of Prostitutes (ECP) is
an organization that lobbies for the full decriminalization of prostitution.
During recent years there has been a 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, government ministers 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. One proponent of this was Minister for Women and Equality, Harriet Harman.
Ministers pointed to Sweden, where purchasing sexual services is a criminal offence.
However, the ECP argued that criminalization of clients would be counterproductive
and would undermine the safety of sex workers.
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. The ECP were again critical of
the government's actions, with one member, Nikki Adams, saying that the government
was overstating the extent of the trafficking problem, and that most prostitution
was consensual.
The International Union of Sex Workers which is part of the GMB Union, campaigns
for equality of the human, civil and labour rights of those who work in the sex industry.
I am not a lawyer so you can read more here