header-logo header-logo

25 June 2021 / Professor Dennis J Baker
Issue: 7938 / Categories: Features , Criminal
printer mail-detail

Payment by alternative means

51883
Is seeking sex instead of cash for rental accommodation incitement of prostitution for gain? Dennis J Baker investigates
  • In pursuing a conviction for sexual harassment, it is a misinterpretation of the law to use the exploitation offence under the Sexual Offences Act 2003 which covers those who seek to incite others to work as prostitute.

There is a huge justice problem in trying to get convictions for sexual harassment, sexual assaults and rape, while ensuring only the guilty are punished. Nonetheless, the starting point has to be to charge the right offence. Using prostitution offences to target sexual harassment from landlords is not likely to fit well enough to obtain a conviction. The better option is to target solicitation that is a course of conduct as harassment, contrary to the offences found in the Protection from Harassment Act 1997 (PHA 1997).

Section 52 of the Sexual Offences Act 2003 (SOA 2003) provides:

‘(1) A person commits an offence if–(a) he intentionally causes or incites another person to become a prostitute

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll