
From the Policing and Crime Bill
Prostitution
Paying for sexual services of a controlled prostitute: England and Wales
After section 53 of the Sexual Offences Act 2003 (c. 42) insert—
“53A Paying for sexual services of a prostitute controlled for gain
(1) A person (A) commits an offence if—
(a) A makes or promises payment for the sexual services of a
prostitute (B), and
(b) any of B’s activities relating to the provision of those services are intentionally controlled for gain by a third person (C).
(2)
The following are irrelevant—
(a) where in the world the sexual services are to be provided and
whether those services are provided,
(b) whether A is, or ought to be, aware that any of B’s activities are
controlled for gain.
(3) An activity is “controlled for gain” by C if it is controlled by C for
the expectation of gain for C or another person (apart from A or B)
4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
The second reading of the Policing and Crime Bill will be on the 19 January 2009. And rather like Section 62 of the Criminal Justice and Immigration Act 2008 will become law where it will be an offence for a person to be in possession of an extreme pornographic image.
There are parallels that can be made about these sections in both Bills and exposes the very authoritarian nature of NL. Both are sweeping, have loose definitions and also a wide definition of the offence. Who, precisely, are they protecting?
If Jacqui Smith wants to rid the streets of prostitution then where are the alternatives being offered to sex workers? What about the underlying reasons why women end up in sex work? What about offering women real viable social, economic and financial choices (and that includes decriminalising drugs)? And now with the current economic crisis, choices will become limited.
And what of the Swedish model of prostitution (as opposed to, say, looking at what New Zealand have done over decriminalisation….why not Jacqui Smith) ?
For example, sex workers complain that there has been an increase of police on the streets and therefore they feel under pressure to organise a quick transaction, informal networks which sex workers relied on for support have disappeared. Therefore what can be argued is that the health and safety of sex workers has worsened with this pernicious law.
The other question is, when exactly do the police bust the client? During the transaction, during the sex act or when it is all finished? And with this new law sex workers will be expected to appear as a witness in court. Therefore this law is an utter paradox and contradiction.
The current Bill that is going through parliament will only serve to demonise and push sex workers further onto the margins of society. And why didn’t NL consult with sex workers? NL hasn’t considered the needs of sex workers by listening to their demands instead resorted to paternalism where the stench of Victorian morality is evident.
The Bill will not ‘protect’ sex workers more likely push it under ground and become further clandestine. I think people should liberate themselves by organising together and working in solidarity and not having the paternalism of the bourgeois court system breathing down their necks, which will only further oppress sex workers.