Prostitution in the United Kingdom: Map

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, prostitution itself (the exchange of sexual services for money) is legal, but most activities which surround it are outlawed. Activities which are illegal include soliciting in a public place, kerb crawling, keeping a brothel, pimping, pandering and outraging public decency (having sex in public). Since the Sexual Offences Act 2003, the word prostitute is gender neutral, previously some laws only applied to female prostitutes.

In 2003, it was estimated that, in London

, one woman in 300 was working as a prostitute (compared to one in 35 in Amsterdam

Legal status

England and Wales

In England and Wales:

for a "common prostitute" to loiter or conduct solicitation in a street or public place is illegal, therefore outlawing street prostitution
it is also illegal for a potential client to solicit in a public place, or solicit from a motor vehicle ("kerb crawling"). (In 1991 the head of the Crown Prosecution Service, Sir Allan Green, was caught committing this offence and resigned.)
keeping a brothel is illegal (It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution ); a brothel is a premises where two or more prostitutes work.
controlling prostitution for gain is an offence, banning pimping
escort agencies are illegal where the agency is controlling the escorts.
a prostitute is defined by the Sexual Offences Act 2003 as a someone who has offered or provided sexual services to another person in return for any financial arrangement on at least one occasion. This definition replaces the previous definition of a common prostitute.
working as a prostitute in private is legal, as is working as an outcall escort.
child prostitution is specifically illegal for the person paying (where child is defined as below 18).

The last offence replaced the similar "living on earnings of prostitution" under the Sexual Offences Act 1956.

Reform to prostitution laws

Currently, the Government is planning to make it illegal to pay for sex with a prostitute "controlled for another gain" (such as a pimp or a brothel owner). Changes to the prostitution laws will be included in the Policing and Crime Bill 2009, which is currently (November 2009) being debated in the House of Lords

.

According to the present law, one prostitute may work from an indoor premises, but if there are two or more prostitutes the place is considered a brothel and it is illegal.

Historically, local police forces have wavered between zero tolerance of prostitution and unofficial red light districts.

During recent years there has been long and widespread debate about the legal situation of prostitution in the UK, and, currently, the government appears to favour tough "anti-prostitution" laws. The debate had centred around whether UK should follow the example of Netherlands, Germany or New Zealand and tolerate prostitution, or whether the country should make it illegal to pay for sex, like in Sweden, Norway and Iceland. In 2006, the government raised the possibility of loosening the prostitution laws and allowing small brothels in England and Wales, but in the end the plans to allow "mini brothels" were abandoned, after fears that such establishments would bring pimps and drug dealers into residential areas. Instead, it was decided that prostitution should not be tolerated and the laws should become even stricter.

After this, government ministers suggested that rather than permitting mini-brothels, they would like to tackle the "demand side" of prostitution and make it illegal to pay for sex. One proponent of this was Minister for Women and Equality, Harriet Harman. Ministers pointed to Sweden, where purchasing sexual services is a criminal offence.

The government's tougher approach towards prostitution began to make legislative progress in 2008, as Home Secretary Jacqui Smith announced that paying for sex from a prostitute under the control of a pimp would become a criminal offence. Clients could also face rape charges for knowingly paying for sex from an illegally trafficked woman, and first-time offenders could face charges.

The English Collective of Prostitutes (ECP) is an organization that lobbies for the full decriminalization of prostitution, with one member, Nikki Adams, saying that the government was overstating the extent of the trafficking problem, and that most prostitution was consensual.The International Union of Sex Workers, which is part of the GMB Union, campaigns for decriminalization and extension of labour rights for those who work in the sex industry.

Scotland

A similar situation exists in Scotland

, where prostitution itself (the exchange of sexual services for money) is not illegal but associated activities (such as public solicitation, operating a brothel or other forms of pimping ) are outlawed.

Street prostitution is dealt with under the Civic Government Act 1982, section 46(1), which states that:

a prostitute (whether male or female) who for the purposes of prostitution either

loiters in a public place
solicits in a public place or in any other place so as to be seen from a public place or
importunes any person in a public place

shall be guilty of an offence

Kerb crawling, soliciting a prostitute for sex in a public place and loitering for the same purpose are also illegal.

(1) A person (“A”) who, for the purpose of obtaining the services of a person engaged in prostitution, solicits in a relevant place commits an offence.

(2) For the purposes of subsection (1) it is immaterial whether or not—

(a) A is in or on public transport,

(b) A is in a motor vehicle which is not public transport,

(c) a person solicited by A for the purpose mentioned in that subsection is a person engaged in prostitution.

(6) In this section— ...

“relevant place” means—

(a) a public place within the meaning of section 133 of the Civic Government (Scotland) Act 1982 (c. 45),(b) a place to which at the material time the public are permitted to have access (whether on payment or otherwise),

and in subsection (1) includes a place which is visible from a place mentioned in paragraph (a) or (b). [232736]

Operating a brothel is illegal:

(5) Any person who—

(a) keeps or manages or acts or assists in the management of a brothel; or

(b) being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or

(c) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is willfully a party to the continued use of such premises or any part thereof as a brothel,

shall be guilty of an offence. [232737]

Other forms of pimping are also illegal. [232738]

There was formerly no specific offence directed at clients in Scotland in contrast to the “kerb crawling” offence in England and Wales in the Sexual Offences Act 1985. However the Prostitution Act 2007 introduced a kerb crawling offence in Scotland, the maximum penalty for which is a £1000 fine. This came into force on 15 October 2007.

Reform to prostitution laws

A Prostitution Tolerance Zones Bill was introduced into the Scottish Parliament

but failed to become law. Instead, the Parliament passed the Prostitution Act 2007 which leaves the law relating to prostitutes unchanged but introduces a new offence committed by their clients.

Public opinion

A CATI survey conducted in January 2008 revealed the following answers:

Paying for sex exploits women and should be a criminal offence: 44% of the total respondents agree (65% of those aged 18–24 agree; 48% of all women agree, 39% of men agree)

Paying for sex exploits women but should not be a criminal offence: 21% of the total respondents agree

Paying for sex does not exploit women and should not be a criminal offence: 17% of the total respondents agree

Paying for sex does not exploit women but should be a criminal offence: 8% of the total respondents agree [232739]

A Ipsos-Mori poll conducted in July and August 2008 showed that 61% of women and 42% of men thought that paying for sex was "unacceptable". 65% of women and 40% of men said selling sex was "unacceptable". Young people were the most opposed to prostitution: 64% of the youth said that paying for sex was "unacceptable" and 69% believed that selling sex was "unacceptable"; older people had more relaxed attitudes about prostitution (men over 55 were the most accepting of buying sex).60% of all the people who were questioned would feel ashamed if they found out a family member was working as a prostitute. 58% would support making it illegal to pay for sex if "it will help reduce the numbers of women and children being trafficked into the UK for sexual exploitation". [232740]

Human trafficking

There has been a growing awareness of human trafficking, in particular the trafficking of women and underage girls into the UK for forced prostitution. A particular high profile case resulted in the conviction of five Albanians

who trafficked a 16 year old Lithuanian

girl and forced her to have sex with as many as 10 men a day.

Cases of sex trafficking in England and Wales are dealt with under the Sexual Offences Act 2003. This act deviates from the International definition of trafficking (from the UN Protocol) in that it does not require that a person is trafficked for sex against their will or with the use of coercion or force. Simply arranging or facilitating the arrival in the United Kingdom of another person for the purpose of prostitution is considered human trafficking .

The Sexual Offences Act 2003 reads :

57 Trafficking into the UK for sexual exploitation(1) A person commits an offence if he intentionally arranges or facilitates the arrival in the United Kingdom of another person (B) and either—(a) he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or(b) he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence.

The UK government signed the The Council of Europe Convention on Action against Trafficking in Human Beings in March 2007, but has not yet ratified it.

Internationally, the most common destinations for victims of human trafficking are Thailand