Common prostitute

Last updated

"Common prostitute" is a term used in English law related to prostitution. The term was first used in the Vagrancy Act 1824. The term continued to be used in the Street Offences Act 1959 which maintained the illegality of street prostitution. Section 1 stated: "It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution." [1]

Contents

The case of Director of Public Prosecutions v Bull [1994] 158 J.P. 1005 [2] determined that the term could only be applied to female, and not male, prostitutes.

The term was widely regarded as archaic, stigmatising, and offensive, and a number of failed attempts had been made since the 1920s to enact new legislation which would replace the wording with a solicitation law that applied to both sexes equally, and did not create an offence that could only be committed by a special class of person.

In 2007 the government announced that it would introduce new legislation which would eliminate the use of the term, and replace it with new language which would apply equally to males and females. [3] Section 16 of the Policing and Crime Act 2009 amended s.1(1) of the Street Offences Act 1959 to replace the term "common prostitute" with "person".

The Policing and Crime Act 2009 also introduced tough new measures aimed at men seeking women for the purpose of prostitution. In particular the act makes it an offence for someone to pay or promise to pay a prostitute who has been subject to ‘exploitive conduct’. [4] The change made the customer an equal offender with the street prostitute.

See also

Related Research Articles

Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.

Prostitution in the United Kingdom Sex work within the United Kingdom

In Great Britain, the act of engaging in sex as part of an exchange of sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are crimes. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.

Loitering To remain in a place without an apparent purpose

Loitering is the act of remaining in a particular public place for a protracted time, without any apparent purpose.

A kerb crawler is a person who drives around areas known for street prostitution soliciting prostitutes for sexual activity. The act is known as "kerb crawling" because the person will typically drive very slowly along the kerbside.

Prostitution in Ireland is legal. However, since March 2017, it has been an offence to buy sex. Third party involvement is also illegal. Since the law that criminalises clients came into being, with the purpose of reducing the demand for prostitution, the number of prosecutions for the purchase of sex increased from 10 to 92 between 2018 and 2020. In a report from UCD's Sexual Exploitation Research Programme the development is called ”a promising start in interrupting the demand for prostitution.”

Prostitution in Australia The history and nature of sex work (prostitution) in Australia

Prostitution in Australia is governed by state and territory laws, which vary considerably. Federal legislation also affects some aspects of sex work throughout Australia, and of Australian citizens abroad.

Prostitution in Belize is legal, but the buying of sexual services is not. Associated activities such as operating a brothel, loitering for the purposes of prostitution and soliciting sex are also illegal.

Current laws passed by the Parliament of Canada in 2014 make it illegal to purchase or advertise sexual services and illegal to live on the material benefits from sex work. The law officially enacted criminal penalties for "Purchasing sexual services and communicating in any place for that purpose."

Prostitution in Europe Overview of the legality and practice of prostitution around Europe

The legality of prostitution in Europe varies by country.

Prostitution in Scotland has been similar to that in England under the State of Union, but since devolution, the new Scottish Parliament has pursued its own policies.

Policing and Crime Act 2009 United Kingdom legislation

The Policing and Crime Act 2009 is an Act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other premises. It amends the law on aviation security, misuse, proceeds of crime, extradition and gang related violence.

Prostitution in Northern Ireland is governed by the Human Trafficking and Exploitation Act 2015, which makes it illegal to pay for sex in Northern Ireland. Prior to the act coming into effect, prostitution in Northern Ireland was regulated by the same or similar laws to those in England and Wales, as it is elsewhere in the United Kingdom. At that time, prostitution in Northern Ireland was legal subject to a number of restraints which controlled certain activities associated with prostitution, such as soliciting, procuring, living on the proceeds of prostitution (pimping), exploitation of prostitutes, under-age prostitution, and keeping a brothel. However, devolution provided the opportunity for separate legislation in Northern Ireland.

Prostitution law Legality of prostitution

Prostitution law varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is a crime punishable by death in some other places.

Prostitution in Namibia is legal and a highly prevalent common practice. Related activities such as solicitation, procuring and being involved in the running of a brothel are illegal. A World Bank study estimated there were about 11,000 prostitutes in Namibia.

The history of prostitution in Canada is based on the fact that Canada inherited its criminal laws from England. The first recorded laws dealing with prostitution were in Nova Scotia in 1759, although as early as August 19, 1675 the Sovereign Council of New France convicted Catherine Guichelin, one of the King's Daughters, with leading a "life scandalous and dishonest to the public", declared her a prostitute and banished her from the walls of Quebec City under threat of the whip. Following Canadian Confederation, the laws were consolidated in the Criminal Code. These dealt principally with pimping, procuring, operating brothels and soliciting. Most amendments to date have dealt with the latter, originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985. Since the Charter of Rights and Freedoms became law, the constitutionality of Canada's prostitution laws have been challenged on a number of occasions.

Sexual Offences Act, 1957

The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment.

Street Offences Act 1959 United Kingdom legislation

The Street Offences Act 1959 is an Act of the Parliament of the United Kingdom concerning street prostitution. It was passed following the publication of the Wolfenden report which discussed the rise in street prostitution at the time.

Prostitution in Oceania

Prostitution in Oceania varies greatly across the region. In American Samoa, for instance, prostitution is illegal, whereas in New Zealand most aspects of the trade are decriminalised.

Soho walk-up Flat used for the sale of sexual services in Soho, London, UK

A Soho walk-up is a flat in Soho, London, United Kingdom, that is used by a female sex worker for the purposes of prostitution. The flats are located on the upper floors of buildings in Soho's red light district, often above shops, and accessed by a staircase from a door on the street. They form a distinctive way of working that is characteristic of the sex industry in Soho, originating in the 1960s and declining during the 21st century.

Crown dependencies are independently administered jurisdictions which do not form part of either the United Kingdom or the British Overseas Territories. They are self-governing possessions of the Crown. Internationally, the dependencies are considered "territories for which the United Kingdom is responsible", rather than sovereign states.

References

  1. Street Offences Act 1959
  2. Rob Jerrard. "Prostitution, "Common Prostitutes", "Living" and "loiter" what do they mean?". Archived from the original on 2007-09-04. Retrieved 2007-11-25.
  3. "'Common prostitute' erased from law". Metro. 2007-06-26. Retrieved 2007-11-25.
  4. Prostitution loitering paying or soliciting a prostitute subjected to force Archived 2010-12-01 at the Wayback Machine