New prostitution laws in UK

Mozzer's Left Eyebrow

Yes, I Am Pined
I saw this in the paper this morning. I'm not sure how this will work in practise but I really like the thinking behind it.

New prostitution laws to be set out today will mean a plea of ignorance is no defence for men facing prosecution for buying sex from a woman who has been trafficked or is being exploited by a pimp.

Under proposals to be published today by the home secretary, Jacqui Smith, a man who pays for sex with a woman who has been trafficked or is under the control of a pimp could face a charge of rape, which carries a potential life sentence.

The new offence of paying for sex with somebody who is "controlled for another person's gain" is to carry a hefty fine and a criminal record.

The decision to criminalise men who pay for sex with trafficked women is likely to have a widespread impact. The Metropolitan police have estimated that 70% of the 88,000 women involved in prostitution in England and Wales are under the control of traffickers.

It forms part of a wider package of reforms to tackle street prostitution, including prosecuting first-time kerb crawlers and implementing stronger police powers to close down brothels.

The package marks a sharp change of approach for Labour, which four years ago proposed a partial decriminalisation of prostitution in red-light "tolerance zones", and then powers to allow two or three women to work together in a brothel to provide protection for each other. The first proposal, by the former home secretary David Blunkett, was blocked by Downing Street, reportedly because of fears of a hostile media response.

Despite some expectations, today's package will not include changes to the licensing of lapdancing clubs, although Smith has indicated that proposals will be made in future to regulate them on the same basis as sex shops. This is expected to give residents stronger powers to object and to lead to the closure of some clubs, especially in residential areas.

The change in the law follows a six-month Home Office-led review of prostitution laws which included visits by ministers, including Harriet Harman and Vernon Coaker, to Amsterdam and Stockholm to see how the law worked there.

Harman has described the flow of women brought into Britain by human traffickers as "a modern slave trade", and said that it only exists because men are prepared to buy sex: "So to protect women we must stop men buying sex from the victims of human trafficking."

The home secretary has made clear that under the new offence it will not be enough for a man to say "I didn't know". The new offence will include a "strict liability" test so that police will only have to prove that the man paid for sex, and that the woman had been trafficked. There will be no need to prove he knew it at the time.

In an interview on BBC Radio 4's Today programme this morning, Smith said this meant a man would be committing an offence even if he asked a prostitute whether she had been trafficked and was told that she had not been.

When it was put to Smith that this was unfair, she replied: "I will tell you what I think is more unfair. That's that there are women in this country who are effectively being held in slavery. There would not be this exploitation, there would not be this slavery of women, controlled in the way that they are, if there was not the demand for prostitution."

She said that in the past the government has concentrated on addressing the "supply side" issues relating to prostitution. Now the government wanted to curtail the demand.

"At the end what we also need to recognise is that if there is no demand for sex with women, there will be less trafficking," she said.

Smith also explained why the government had decided not to adopt the approach taken in Sweden, where the government introduced a total ban on men paying for sex. She said that in Sweden there were only around 1,500 prostitutes, compared with around 80,000 in Britain, and that there was "no strong support at the moment" for a total ban in Britain.

The tougher approach will allow first-time kerb crawlers spotted by the police to be prosecuted. At present, the police can only prosecute persistent offenders. Police will get powers to close down brothels where there is evidence of trafficking.

Former Home Office minister Fiona Mactaggart yesterday warned that the new criminal offence of paying for sex with a trafficked woman might fall apart in practice, and said there had been no prosecutions in Finland, the only other country where it had been made law.

The English Collective of Prostitutes said yesterday that experience had taught them any law against consenting sex forces prostitution further underground and makes women vulnerable to violence.

Niki Adams, a spokeswoman for the collective, told the Today programme this morning that the government's claim that most prostitutes were trafficked was "completely fabricated".

She said: "What we do know is that women from all walks of life, also working as teachers and students, are also working in prostitution. It's consenting sex."

Key facts
· Men to be prosecuted if they pay for sex with women who are trafficked or under control of a pimp

· Ignorance that woman was being controlled not to be a defence and conviction to carry hefty fine and criminal record

· Men who knowingly pay for sex with trafficked women may face rape charges

· First-time kerb crawlers face prosecution and naming and shaming
 
· Ignorance that woman was being controlled not to be a defence and conviction to carry hefty fine and criminal record
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Unsure about this bit.
How does a "punter" find out if a girl is being "controlled"?

Seems a bit more like moralising from a nanny state govt desperate to drive prostitution further underground.
 
It may be ethically debatable but hiring a prostitute is not rape and it will simply take resources away from actual violent crimes.
 
It may be ethically debatable but hiring a prostitute is not rape and it will simply take resources away from actual violent crimes.

Agree.
Also,there are already sufficient laws in place to stop trafficking (kidnap/cohersion etc.)
 
Unsure about this bit.
How does a "punter" find out if a girl is being "controlled"?

Seems a bit more like moralising from a nanny state govt desperate to drive prostitution further underground.

I think the point is it protects women rather than blaming them; you don't KNOW whether she has a pimp, therefore YOU as a punter are now at risk, instead of her.
As for what dave said about it driving prostitution underground, perhaps it will just drive it 'upmarket' to women operating on their own, in their own homes, in a safer environment.
I'm not saying that will definitely happen, but it's a possiblity. I think we can all agree women on the streets is not a good situation; just look at the prostitute serial killer we had in the UK recently, Steve Wright.
 
It may be ethically debatable but hiring a prostitute is not rape and it will simply take resources away from actual violent crimes.

If you have sex with someone who is enslaved into the sex industry against their will then it actually is rape - the fact that you've paid for it or had no knowledge the person was trafficked doesn't come into it. I think it's good we're making the customer accountable in these cases, and it's more the fact that people view prostitution as casually as having a cup of tea that is shocking than the severity of these laws. In fact it's worse than rape, it's licensed wholesale rape with no punishment for those that purchase it.
 
Enforcing greater penalties for using trafficked prossies sends out the wrong message really.

But then I don't fully understand the legality of prostitution here anyway.

When can you legally engage their services?
 
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