Prostitution in the Crown dependencies

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Crown dependencies are independently administered jurisdictions which do not form part of either the United Kingdom or the British Overseas Territories. [1] They are self-governing possessions of the Crown (defined uniquely in each jurisdiction). [2] Internationally, the dependencies are considered "territories for which the United Kingdom is responsible", rather than sovereign states. [3]

Contents

Bailiwick of Guernsey

Prostitution in Guernsey is legal, but related activities such as solicitation [4] and brothel keeping are prohibited. [5]

History

At the end of the 19th century prostitution was common in Guernsey, especially in St Peter Port where around 500 soldiers were garrisoned. A large number of the prostitutes were French. The military authorities were concerned about the high rate of STIs amongst the soldiers. [6]

The Committee of the Council for the Affairs of Guernsey and Jersey reported in 1897: 

"Secret Diseases, not unfrequently [sic] introduced by foreign prostitutes would appear to be prevalent in that Island [ie Guernsey] . . . such diseases sap the foundation of public health and affect injuriously not only those who by their own misconduct have incurred them, but even generations yet unborn . . ." [6]

This report eventually led to the passing of la Loi Rélative aux Maladies Secrètes in 1912. This law provided for compulsory medical examination and detention in hospital if infected, and also the expulsion of foreign prostitutes. This law was repealed by The Venereal Diseases Ordinance (1912) Repeal Ordinance, 1949. However, due to the wording of the 1949 act, the 1912 law is arguably still in force in Alderney. [6]

In 2005 an East European prostitution ring was thought to be operating on the island. [7]

Bailiwick of Jersey

Prostitution in Jersey is legal, [8] but related activities such as keeping a brothel are outlawed. [9] [10] Following a consultation period from 1 September 2017 and 13 October 2017, the Home Affairs Minister approved a new draft Sexual Offences (Jersey) Law to be debated in the Assembly of the States of Jersey. [11] The draft law does not criminalise prostitution, but consolidates previous legislation on related activities. [12]

In 2015 it was estimated there were 35–40 prostitutes in Jersey. [8] Most visit the island for short periods and work from hotels. [10]

History

In the 19th century, prostitution was common. French women came over to the island to service the needs of the soldiers stationed on the island and sailors in the port. The road that led from the barracks to the port, Pier Road, had many brothels and, after dark, women solicited in the road. [13] In 1846, George Le Cronier, the Centenier of Saint Helier, decided to clean up the island. He visited one of the houses of ill-repute, "Mulberry Cottage" on Patriotic Street, and arrested 11 prostitutes who worked there. The following week he returned to the house with the intent of arresting the master and mistress of the house. On entering the house he was stabbed in the stomach by the mistress Marie Le Gendre. Le Cronier died the next day and Le Gendre transported to Australia for life. [13]

At the end of the 19th century, police would accompany gentlemen to brothels and, for a fee, ensure no legal action was taken against them. Prostitutes were using hotels and restaurants to find customers by 1910. In the 1930s, Sand Street was where street prostitutes worked and there was a well known brothel, the "Striped Monkey", on Cross Street. [13]

During the German occupation of the island in 1940, all sexual contact between the German soldiers and the islanders was prohibited. To stop any "illegal" prostitution, the German authorities set up a brothel in the "Maison de Victor Hugo" hotel. Syphilis was a problem amongst the soldiers and a specialist clinic was set up in the "Merton Hotel". [13]

Isle of Man

Prostitution in the Isle of Man is legal but related activities such as soliciting, procuring and brothel keeping are prohibited by the Sexual Offences Act 1992. [14]

There are few prostitutes permanently on the Isle of Man, most visiting the island on short term "tours". [15] A man and a woman were arrested on suspicion of committing prostitution offences in Douglas in 2013. A police spokesman said this was "an unusual and rare incident." [16]

Related Research Articles

Crown dependencies Self-governing possessions of the British crown

The Crown dependencies are three island territories off the coast of Great Britain that are self-governing possessions of the Crown: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man. They do not form part of either the United Kingdom or the British Overseas Territories. Internationally, the dependencies are considered "territories for which the United Kingdom is responsible", rather than sovereign states. As a result, they are not member states of the Commonwealth of Nations. However, they do have relationships with the Commonwealth, the European Union, and other international organisations, and are members of the British–Irish Council. They have their own teams in the Commonwealth Games. They are not part of the European Union (EU), although they are within the EU's customs area. The Isle of Man is within the EU's VAT area.

Sexual Offences Act is a stock short title used for legislation in the United Kingdom and former British colonies and territories such as Antigua and Barbuda, Crown dependencies, Kenya, Lesotho, Republic of Ireland,Sierra Leone, South Africa and Trinidad and Tobago relating to sexual offences.

Prostitution in the United Kingdom

In Great Britain, prostitution itself 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. Laws are not always strictly enforced, and there are reports of police forces turning a blind eye to brothels. Many brothels in cities such as Manchester, London and Cardiff operate under the name "massage parlours".

Prostitution in Asia

The legality of prostitution in Asia varies by country. In Asia, the main characteristic of the region is the significant discrepancy between the prostitution laws which exist on the books and what occurs in practice. For example, in Thailand prostitution is illegal, but in practice it is tolerated, and the country is a destination for sex tourism. In 2011, the Asian Commission on Aids estimated there were 10 million sex workers in Asia and 75 million male customers.

Prostitution in the United States

Prostitution is illegal in the vast majority of the United States as a result of state laws rather than federal laws. It is, however, legal in some rural counties within the state of Nevada. Prostitution nevertheless occurs throughout the country.

Prostitution in Singapore in itself is not illegal, but various prostitution-related activities are criminalized. This includes public solicitation, living on the earnings of a prostitute and maintaining a brothel. In practice, police unofficially tolerate and monitor a limited number of brothels. Prostitutes in such establishments are required to undergo periodic health checks and must carry a health card.

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.

Prostitution in Bangladesh Sex work and its regulation in Bangladesh

Prostitution in Bangladesh is legal and regulated. Prostitutes must register and state an affidavit stating that they are entering prostitution of their own free choice and that they are unable to find any other work. Bangladeshi prostitutes often suffer poor social conditions and are frequently socially degraded.

Prostitution in Sri Lanka is illegal, and related activities such as soliciting, procuring, and brothels are outlawed. It is also illegal to traffic persons for prostitution, especially minors. Prostitution is not as widespread in Sri Lanka as in some neighbouring countries. It is estimated that there are 40,000 prostitutes in the country, and nearly half of them operate in Colombo.

Prostitution in Trinidad and Tobago is legal but related activities such as brothel keeping, soliciting and pimping are illegal.

Prostitution in Europe

The legality of prostitution in Europe varies by country.

Prostitution in Malta

Prostitution in Malta is itself legal, but certain activities connected with it, such as running a brothel and loitering, are not. Certain offences are punishable by sentences of up to two years in prison. In March 2008, police and the Malta Ministry for Social Policy signed a memorandum of understanding to formalize a screening process for all arrested persons engaged in prostitution to determine whether they were victims of trafficking or other abuses. The law provides punishments of up to 6 years for involving minors in prostitution.

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

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.

LGBT rights in Guernsey

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Guernsey have improved significantly in the past decades. Same-sex sexual activity for both men and women is legal in Guernsey. Same-sex marriage has been legal since 2 May 2017 in Guernsey, and since 14 June 2018 in its dependency, Alderney. However, same-sex marriage is not legal in its other dependency, Sark. Guernsey is the only part of the British Isles to have never enacted civil partnership legislation, though civil partnerships performed in the United Kingdom were recognised for succession purposes. Since April 2017, same-sex couples can adopt in the entire Bailiwick. Discrimination based on sexual orientation and gender identity has been banned since 2004. Transgender people can legally change gender since 2007.

Prostitution in Hawaii is illegal but common. There are about 150 brothels in Oahu alone.

Prostitution in the Americas

Legality of prostitution in the Americas varies by country. Most countries only legalized prostitution, with the act of exchanging money for sexual services legal. The level of enforcement varies by country. One country, the United States, is unique as legality of prostitution is not the responsibility of the federal government, but rather state, territorial, and federal district's responsibility.

Prostitution in Oceania

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

The British Overseas Territories (BOT) or alternatively, United Kingdom Overseas Territories (UKOTs), are 14 territories under the jurisdiction and sovereignty of the United Kingdom. They are the parts of the British Empire that have not been granted independence or have voted to remain British territories. These territories do not form part of the United Kingdom and, with the exception of Gibraltar, are not part of the European Union. Most of the inhabited territories are internally self-governing, with the UK retaining responsibility for defence and foreign relations. The rest are either uninhabited or have a transitory population of military or scientific personnel.

References

  1. ↑ "Crown Dependencies - Justice Committee". Parliament of the United Kingdom . 30 March 2010. Retrieved 14 November 2016.
  2. ↑ "Background briefing on the Crown dependencies: Jersey, Guernsey and the Isle of Man" (PDF). Ministry of Justice . Retrieved 31 July 2017.
  3. ↑ "Fact sheet on the UK's relationship with the Crown Dependencies" (PDF). Ministry of Justice. Retrieved 25 August 2014.
  4. ↑ "The Summary Offences (Bailiwick of Guernsey) Law, 1982". Guernsey Legal Resources. Retrieved 19 February 2018.
  5. ↑ "Ordonnance relative aux Maisons de Prostitution et aux Prostituées - [1906]". Guernsey Legal Resources. Retrieved 19 February 2018.
  6. 1 2 3 McLellan, Jon (February 2013). "The strange case of the maladies secrètes ordinance of 1912". Jersey Law. Retrieved 19 February 2018.
  7. ↑ "'Vice ring' targeting local pubs and clubs". Guernsey Press. 8 October 2005. Retrieved 19 February 2018.
  8. 1 2 "Jersey hotels warned of the signs of prostitution". ITV News. 5 February 2015. Retrieved 19 February 2018.
  9. ↑ "Prostitution laws 'could be updated'". BBC News. 19 May 2015. Retrieved 19 February 2018.
  10. 1 2 "Fall in number of prostitutes advertising in Jersey". Jersey Evening Post. 6 February 2015. Retrieved 19 February 2018.
  11. ↑ "Sexual Offences Draft Law". Information and public services for the Island of Jersey. Retrieved 19 February 2018.
  12. ↑ "Consultation draft - Sexual Offences (Jersey) Act" (PDF). Information and public services for the Island of Jersey. Retrieved 19 February 2018.
  13. ↑ "Sexual Offences Act 1992" (PDF). Isle of Man Legislation. Retrieved 19 February 2018.
  14. ↑ "Isle of Man Escorts, IOM Escorts". Select An Escort Directory. Retrieved 19 February 2018.
  15. ↑ "Pair arrested over prostitution offences | Isle of Man News :: isleofman.com". IsleOfMan.com. 3 September 2013. Retrieved 19 February 2018.
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