Policing and Crime Act 2009 Explanatory Notes

Policing and Crime Act 2009

2009 CHAPTER 26

Territorial Extent and Application

Part 2 – Sexual Offences and Sex Establishments

Prostitution

Section 14 Paying for sexual services of a prostitute subjected to force etc: England and Wales

71. This section inserts a new section 53A into the Sexual Offences Act 2003. The new section creates a strict liability offence which is committed if someone pays or promises payment for the sexual services of a prostitute who has been subject to exploitative conduct of a kind likely to induce or encourage the provision of sexual services for which the payer has made or promised payment. The person responsible for the exploitative conduct must have been acting for or in the expectation of gain for himself or herself or another person, other than the payer or the prostitute.

72. Subsection (2) of the new section provides that it does not matter where in the world the sexual services are to be provided. An offence is committed regardless of whether the person paying or promising payment for sexual services knows or ought to know or be aware that the prostitute has been subject to exploitative conduct. In other words the offence is one of strict liability and no mental element is required in respect of the offender’s knowledge that the prostitute was forced, threatened, coerced or deceived.

73. Subsection (3) states that a person engages in exploitative conduct if he or she uses force, threats (whether or not relating to violence) or any other form of coercion, or if he or she practices any form of deception.

74. Subsection (4) provides that the maximum penalty for this offence is a fine not exceeding level 3 on the standard scale, currently £1000.

75. The terms of “prostitute”, “prostitution” and “payment” as used in this section are defined in section 51 of the Sexual Offences Act 2003.