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

Orwins—Maryam Abbasi

Orwins—Maryam Abbasi

Senior associate joins family law team in London

Tees Law—Stephen Williams

Tees Law—Stephen Williams

Firm appoints chief financial officer as it expands Essex office footprint

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

NEWS
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
Some employment law controversies never disappear—they merely lie dormant
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
back-to-top-scroll