header-logo header-logo

Payment by alternative means

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll