Law and Rights
From time-to-time there are calls for prostitution to be controlled or licensed - e.g. Craig Murray and it has been argued that a considerable amount in tax could be raised from this activity - e.g. The Independent 9th April 2001. Prostitution is not, in itself, unlawful but there are several criminal offences linked with it and, it can be argued, those offences cause prostitution to exist in a shadowy world in which crime is prevalent. Further, the trafficking of people into prostitution is a major concern.
The latest prostitution linked offence, which came into force on 1st April 2009, is that of "paying for sexual services of a prostitute subjected to force" - Sexual Offenders Act 2003 s.53A (which was enacted by the Policing and Crime Act 2009 s.14). Senior Police Officers warned the government of the potential difficulties involved in actually applying this new law - see BBC - and, so far, it appears that only three men have been dealt with by way of cautions - The Guardian 18th August 2010. The maximum penalty for this offence is a fine of £1000 and this seems to have made the Police decide that it is not worth dedicating resources to it even though the very serious "mischief" at which the offence is aimed is that of violent exploitation of women and many of those women are trafficked into prostitution.
To obtain a conviction for this offence, the prosecution would have to prove that a third person had engaged in "exploitative conduct" for gain. However, it is NOT necessary for the prosecution to prove that the "punter" knew or even suspected that.
Offences which are inadequately enforced is not a desirable state of affairs but who can be seriously happy with the existing state of our law in this area? Yet, is there any country with a perfect system for controlling "the oldest profession"?
Just one last comment on this. I just wonder how, in these difficult financial days, people see the use of a £520m CARE fund which, according to theTelegraph 14th August, is sometimes used to give money to persons who intend to pay for sex. Scandalous? Beneficial to society? Somewhere on the spectrum in between? Is it not time for our country to decide where it stands on these issues.
- Rotherham ~ Sexual Exploitation Of Children ~ The Reports
Updated 3rd September The last week of August saw an explosion of media comment regarding sexual exploitation* of children in the South Yorkshire town of Rotherham in the years 1997-2013 - see ITV Report finds shocking scale of abuse The Jay Report: The...
- Breach Of The Anonymity Of A Rape Victim
Ched EvansThe law grants anonymity to the victims of certain sexual offences - Sexual Offences (Amendment) Act 1992. This is subject to a discretion given to trial judges to disapply the anonymity if such a direction is required to induce potential...
- Public Order Offences 2
Update 5th August - May-Bowles appealed and sentence cut to 4 weeks imprisonment - BBC Update 2nd August: For the assault, Jonathan May-Bowles was sentenced to 6 weeks imprisonment + Costs £250. He would serve 3 weeks in actual custody. ...
- Sentencing Council - A Look At The Draft Guidelines For Drug Offences
Sentencing Council - Professional Consultation on Sentencing for drug offences Consultation and Documentation In 2009, some 50325 adult offenders were sentenced for offences relating to controlled drugs. This is a somewhat complex area and...
- Fixed Penalty Notices .... Bad Character Evidence ....
Penalty notices have become a commonplace method of dealing with a considerable amount of less serious "offending". One Act permitting a constable to issue such notices is the Criminal Justice and Police Act 2001 which was enacted to deal with a...
Law and Rights
The oldest "profession" ...
The latest prostitution linked offence, which came into force on 1st April 2009, is that of "paying for sexual services of a prostitute subjected to force" - Sexual Offenders Act 2003 s.53A (which was enacted by the Policing and Crime Act 2009 s.14). Senior Police Officers warned the government of the potential difficulties involved in actually applying this new law - see BBC - and, so far, it appears that only three men have been dealt with by way of cautions - The Guardian 18th August 2010. The maximum penalty for this offence is a fine of £1000 and this seems to have made the Police decide that it is not worth dedicating resources to it even though the very serious "mischief" at which the offence is aimed is that of violent exploitation of women and many of those women are trafficked into prostitution.
To obtain a conviction for this offence, the prosecution would have to prove that a third person had engaged in "exploitative conduct" for gain. However, it is NOT necessary for the prosecution to prove that the "punter" knew or even suspected that.
Offences which are inadequately enforced is not a desirable state of affairs but who can be seriously happy with the existing state of our law in this area? Yet, is there any country with a perfect system for controlling "the oldest profession"?
Just one last comment on this. I just wonder how, in these difficult financial days, people see the use of a £520m CARE fund which, according to theTelegraph 14th August, is sometimes used to give money to persons who intend to pay for sex. Scandalous? Beneficial to society? Somewhere on the spectrum in between? Is it not time for our country to decide where it stands on these issues.
- Rotherham ~ Sexual Exploitation Of Children ~ The Reports
Updated 3rd September The last week of August saw an explosion of media comment regarding sexual exploitation* of children in the South Yorkshire town of Rotherham in the years 1997-2013 - see ITV Report finds shocking scale of abuse The Jay Report: The...
- Breach Of The Anonymity Of A Rape Victim
Ched EvansThe law grants anonymity to the victims of certain sexual offences - Sexual Offences (Amendment) Act 1992. This is subject to a discretion given to trial judges to disapply the anonymity if such a direction is required to induce potential...
- Public Order Offences 2
Update 5th August - May-Bowles appealed and sentence cut to 4 weeks imprisonment - BBC Update 2nd August: For the assault, Jonathan May-Bowles was sentenced to 6 weeks imprisonment + Costs £250. He would serve 3 weeks in actual custody. ...
- Sentencing Council - A Look At The Draft Guidelines For Drug Offences
Sentencing Council - Professional Consultation on Sentencing for drug offences Consultation and Documentation In 2009, some 50325 adult offenders were sentenced for offences relating to controlled drugs. This is a somewhat complex area and...
- Fixed Penalty Notices .... Bad Character Evidence ....
Penalty notices have become a commonplace method of dealing with a considerable amount of less serious "offending". One Act permitting a constable to issue such notices is the Criminal Justice and Police Act 2001 which was enacted to deal with a...