Commercial Sex Law - United Kingdom.
FemMigration - Legal Issues for Women and Migrant Prostitutes

Commercial Sex Law - United Kingdom

• Prostitution is legal
• However, many activities surrounding the exchange of sex for money or other goods are a criminal offence

• In general indoor work is targeted less than street work - find out what laws police are currently enforcing in your area.

• Keep your activities low key to avoid attracting attention.
• Police involvement is more likely where there is under age or illegal immigrant workers, or where there is drug dealing, money laundering, violence or exotic services such as bondage or S&M, on the premises.

Public places such as a hotel, station, street work or public lavatories.

• You may be warned or cautioned under one of the offences listed below:

• Gross Indecency between men, which covers a broad range of activities ranging from anal intercourse to indecent exhibitions.

• Importuning - it is illegal to persistently solicit or importune in a public place for immoral purposes (selling sex is considered immoral).

Indoor work

• It is legal to provide sexual services in a house or flat as long as there is only one person selling sex, and that person owns the property (outright) including the leasehold.


Escort agencies

• It is legal to work for escort agencies.


Brothels

• It is not an offence to work as a prostitute or maid in a brothel. It is, however, an offence to keep a brothel.


Illegal sexual practices

• Buggery (anal sex) is an offence unless it takes place in private between consenting adults who are 18 or over.

• Gross indecency between men (see previous point)

• Homosexual acts are an offence unless they take place in private between consenting adults who are 16 or over and there are not more than two individuals involved. However, it is illegal to buy sex from someone under 18.


Living on the earnings of prostitution

• It is an offence for a man or women knowingly to live wholly or partly on the earnings of prostitution from another.


Advertising

• It is not illegal to advertise sexual services, although extremely graphic adverts may fall foul of the Obscene Publications Act. It is illegal to post adverts in telephone boxes, however.


Other offences:

• Clipping - if you take money from a potential client intending not to perform the service offered, you are guilty of obtaining property by deception, the client has not committed an offence himself although they may have problems trying to prove their case, and is often therefore reluctant to report the incident.

• Assault and sadomasochism - you may be charged with indecent assault, although assault usually requires an absence of consent. It has been held that it is not in the public interest that a person should harm another in order to gratify sexual desire. Thus the fact the client requested or consented to the blows may be no defence.

• Drug Offences - drug use in working flats and brothels can attract police attention.

• False ID's - it is legal to use any name you want, but if you give a false name with the intention of avoiding outstanding fines or the disclosure of a criminal record, it's possible to be charged with fraud. If you give a false name and it is discovered, it may jeopardise your chances of getting bail.

• Tax Evasion - sex workers are liable to declare their earnings and pay tax. As with other businesses you may be entitled to deduct business expenses.

• Social Security Fraud - if you are claiming benefit at the same time as working, and have not declared it to the DSS, you may be guilty of fraud - if you have problems seek legal advice.


Police raids

• Police will usually have a warrant to search your premises, but they can search without one in many situations, for example if you give your consent or if they want to arrest someone, or have the occupier in custody.


Your rights on arrest

• You have the right to know why you are being arrested and what the allegations against you are.

• You still have the right to remain silent.
• You have the right to read the police codes of conduct.
• You have the right to consult privately with a solicitor free of charge, and have someone notify of your arrest.

• Always ask for a lawyer! There is no such thing as an "off the record chat" with a police officer.
• You can usually be kept in custody for a maximum of 24 hours before being charged or released.

Return of seized property

• All property belonging to you seized during the course of an inquiry must be returned if you are not charged and if the items are not going to be used in evidence against you (condoms are not evidence of selling sex).

Criminal records

If you are convicted for an offence in a court you have a criminal record, which can be referred to in a subsequent court case. It may also be revealed in other circumstances, for example when you are applying for a job, or to emigrate to another country. Provided you were not sentenced to 30 months imprisonment or more, your conviction will become 'spent' after a period of time.

For further information, consult a lawyer or contact RELEASE (advice line) on 020 7729 9904.

This information was compiled by Andre Erasmus, with reference to RELEASE publications.