Payment by alternative means

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

Payment by alternative means

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.

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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS

Read All

NLJ this week: No such thing as a ‘Welsh seat’

Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot

NLJ this week: Jury reform risks justice for efficiency’s sake

The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’

NLJ this week: Crypto fightback offers ‘new frontier for law’

A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes

NLJ this week: Time to revive the duty to report crime?

After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent

NLJ this week: When are experts truly ‘necessary’?

Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25

Error message

Payment by alternative means

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

HFW—Simon Petch

Freeths—Richard Lockhart