Long title | An Act to make, as respects England and Wales, provision for penalising in certain circumstances the soliciting of women for sexual purposes by men, and to increase the penalties under the Sexual Offences Act 1956 for certain offences against women. |
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Citation | 1956 c. 44 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 16 July 1985 |
Commencement | 16 September 1985 |
Repealed | 1 April 2010 [1] |
Other legislation | |
Repealed by | The Policing and Crime Act 2009, Sch.8, Pt.2 |
Status: Repealed | |
Text of statute as originally enacted |
The Sexual Offences Act 1985 (c.44) was an Act of the Parliament of the United Kingdom that created two offences concerning prostitution, and increased the maximum sentence for attempted rape from seven years to life imprisonment. The act was applicable in England and Wales only.
The new offences were kerb crawling and persistently soliciting women for the purposes of prostitution. In 1991 the Director of Public Prosecutions and head of the Crown Prosecution Service, Sir Allan Green KCB QC, was arrested for an offence under this Act and had to resign. [2]
Sections 3, 4(2) and (3), and 5(2) were repealed by Schedule 7 to the Sexual Offences Act 2003.
The whole Act was repealed by the Policing and Crime Act 2009. [3]
Street prostitution is a form of prostitution in which a prostitute solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, benches, etc. The street prostitute is often dressed in a provocative manner. The sex act may be performed in the customer's car, in a nearby secluded street location, or at the prostitute's residence or in a rented motel room.
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier Consolidation Act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
In Great Britain, the act of engaging in sex as part of an exchange of various 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 illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
The ages of consent vary by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above, provided that the encounter does not involve commercial sex or a person in a recognized position of authority – are between 14 and 18. Some countries have close-in-age exceptions allowing partners close in age to engage in sexual acts. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), the Republic of Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16. The laws can also stipulate which specific activities are permitted or specify the age at which one or other sex can legally participate. The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference, provided the older one is not in a position of power, a relative, or is committing another form of exploitation. All jurisdictions in Europe have equal and gender-neutral age limits.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
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.
The Criminal Law (Consolidation) (Scotland) Act 1995 is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act also added a new section 33A. These sections create offences to deal with brothels.
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
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.
Burglary is a statutory offence in England and Wales.
There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.
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.
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:
(1) A person (A) commits an offence if—
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
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.
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.
There are a number of sexual offences under the law of Northern Ireland.