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Tough action to protect vulnerable women and prosecute the buyer to tackle demand for prostitution

HOME OFFICE News Release (200/2008) issued by COI News Distribution Service. 19 November 2008

Tough new measures to protect vulnerable women and tackle the demand for prostitution by clamping down on sex buyers and kerb crawlers were outlined today, following the Government's Tackling Demand Review, by Home Secretary Jacqui Smith.

The measures include a new offence which will encourage men to think twice before paying for sex and will protect women who have been groomed or trafficked into prostitution or those who remain involved for fear of violence from a partner or pimp. The new offence will mean that sex buyers will be liable for prosecution even if they didn't know that the prostitute was being controlled by a pimp or had been trafficked. Sex buyers who commit the new offence will get a criminal record and up to a £1,000 fine.

The Government is also giving police new powers to close premises associated with prostitution and is cracking down on kerb-crawlers by making sure that police can act on their first offence.
Home Secretary Jacqui Smith said:

"I want to do everything we can to protect the thousands of vulnerable women coerced, exploited or trafficked into prostitution in our country and to bring those who take advantage of them to justice. That is why I am determined to shift the focus onto the sex buyer, the person responsible for creating the demand for prostitution markets which in turn creates demand for the vile trade of women being trafficked for sexual exploitation.

"There will be no more excuses for those who pay for sex. This new criminal offence of paying for sex with someone who is trafficked or pimped will apply even if the buyer claims he did not know the woman was being controlled for gain.

"I also want to tackle kerb crawling. In my book, once around the block is once too many, and so I'm making kerb-crawling punishable as a first offence. I also want to see more naming and shaming of persistent kerb crawlers."

The six month review, published today, looked at what more could be done to protect women being exploited for sexual gain. The review explored both legislative and non-legislative options as well as learning from the experiences of other countries with similar issues including Sweden and Holland.

In response to the review, the Government has committed to running national marketing campaigns to raise the public's awareness of the kerb crawling offence and the realities of trafficking. This will be complimented by new enforcement guidance for the police to help bring people to justice.

Harriet Harman, Minister for Women and Equality, said:

"Women are being trafficked for sexual exploitation into this modern day slavery. We have cracked down on the traffickers, but we also need to cut off the demand which fuels this evil trade - that's why we will criminalise and hold responsible the men who buy sex from these vulnerable women. Ignorance will be no excuse."

Gloucestershire Chief Constable Dr Timothy Brain, ACPO lead on Prostitution and Vice Matters, said:

"With these proposals the Government has clearly signalled its intention to bring about a sea change in attitudes towards prostitution.

"Any man who intends to pay for sex with a prostitute will have to think very carefully because it will be no defence in future to claim that they did not know someone was trafficked or controlled by someone else for gain.

"Measures to close brothels are to be welcomed and will give police powers to protect neighbourhoods from the nuisance and harm they create.

"It is important to realise that this measure extends beyond trafficking and directly concerns domestic prostitution as well."

Denise Marshall, Eaves Poppy Project chief executive said

"Eaves Poppy Project welcomes these new measures which seek to protect the increasing numbers of women exploited in prostitution in this country. We are delighted that the Government is taking a stance on this issue and will criminalise men who buy sex from these vulnerable women. "

NOTES TO EDITORS
1. Copies of the report are available at http://www.homeoffice.gov.uk

2. The Sexual Offences Act 2003 introduced a package of new offences designed to tackle various forms of sexual exploitation. These included:
* Causing or inciting prostitution for gain
* Controlling prostitution for gain
* Trafficking for the purposes of sexual exploitation
There are however currently no specific offences to tackle those who pay or offer to pay for sex with someone who has been trafficked or exploited, unless there is sufficient evidence to prove that person knew the person selling sex did not consent to sexual intercourse. In these situations, the police and prosecutors would look at prosecution for rape.
The Government's intention is to look at criminalising those who pay or offer to pay for sex with victims of these crimes in order to deter the sex buyers who fuel illegal exploitative and coercive practices, as soon as Parliamentary time allows.

2. In England and Wales, the act of purchasing sex is not a criminal offence. There are, however, offences that effectively prohibit individuals from paying for sex on the street or in a public place. The Sexual Offences Act 1985 introduced two distinct offences which can be used to prosecute those who buy sex:

* kerb crawling (where someone solicits from a motor vehicle, or within the vicinity of a motor vehicle), for the purposes of prostitution, persistently or in a manner that is likely to cause annoyance to people in the neighbourhood; or
* persistent soliciting for the purposes of prostitution (effectively kerb crawling but without a vehicle)

The Government now intends to remove the 'persistence' requirement from both offences and in the case of kerb-crawling to remove the alternative requirement of "in a manner that is likely to cause annoyance to people in the neighbourhood". The purpose is to make it possible to prosecute the kerb crawler in the first instance, increasing the deterrent to those who consider paying for sex on the street or in a public place.

3. At present, the police have no powers to close premises associated with the sexual exploitation of adults or children, unless there is sufficient evidence to warrant the use of a premise closure order or a crack house closure order. However, many premises where sexual exploitation takes place will not be associated with anti-social behaviour or the use, supply or production of Class A drugs. This means that in practice, premises that are subject to police investigations for offences relating to sexual exploitation can reopen and begin operating again quickly.

The Government now intends to introduce a new order that allows for such premises to be closed and sealed for a set period, providing an opportunity for agencies to act swiftly and decisively to prevent further exploitation and abuse from taking place. The order will prohibit entry to the premises by any individual for a period of three months.