Currently in the UK the act of paying for sex is not illegal. However soliciting in a public place, kerb crawling, pimping and owning or managing a brothel are all illegal.
With the expert input of Jack Spiller from the legal firm Coles Miller I have compiled a list of what is legal, what isn’t and what possible punishments they can carry.
– Soliciting in a public place: This is the act of persistently loitering or soliciting (Asking for or trying to obtain (something) from someone), this is applicable to men and women. It is considered persistent if it takes place 2 or more times over a period of 3 months.A fine up to £1000 is possible but often it is much less – typically £250.
The wording “persistent” allows for the placement of a “prostitutes caution”. This does not necessarily prove guilt – but provides opportunities for the police to direct that individual to non-criminal justice interventions. In order to help address the issues that may have caused them to enter prostitution and to ultimately find routes out.
– Kerb crawling: This is the activity of driving around an area known for street prostitution looking for sexual activity. This is seen as a public nuisance in many areas and is punishable by a fine up to £1000. However in Dorset it has become common practice to send the men on a one day course – “Change Course”. This is a one day work programme aimed to educate men about the consequences of kerb crawling. You can also face the punishment of: disqualification from driving and an injunction which may restrict a person from entering a certain area.
– Pimping: A pimp is a person who procures a prostitute for customers or vice-versa in return for a share of the prostitutes’ money. They will supposedly provide protection, however the business agreement is frequently abusive – they are committing the crime of pandering. Punishment can vary but typically results in a jail sentence – the decision is based upon the extent to which they coerced the prostitute. If there have been signs of physical or mental coercion then the person may be sentenced between 2-5 years. In cases of no coercion but a close involvement with the prostitute a sentence of 26 weeks or up to 2 years in custody.
– Managing or owning a brothel: It is an offence for someone to keep, manage or assist in the management of a brothel. Included in this is a landlord or tenant allowing a premises to be used as a brothel. To be defined as a brothel 2 or more prostitutes must work there and they do not need to charge for the premises to be classified as a brothel. The offence can carry a maximum sentence of 7 years, however the role of the offender will be taken into consideration – for example a receptionist is unlikely to be charged as severely as the owner.
– Escorts and Escort agencies: Escort agencies have to tread lightly with their operations as they may be charged under the Prostitution laws above. The Arm’s length relationship between the agency and the escort provides some protection for the agency. As long as the agency is just offering the women for a meeting and state that anything that occurs is negotiated between the woman and client and is between two consenting adults – then they can claim plausible deniability.
– Advertising: The advertising of prostitutes is legal but they are banned from many areas. Adverts for sexual services are often seen in public telephone booths – this is actually illegal under the Criminal Justice and Police Act 2001. The maximum penalty is a fine.
– Sex shops and Strip Clubs: Both are covered under strict licensing laws within the Policing and Crime Act 2009. Penalties for not having a license to operate can range from £1000 to £20,000. Sex shops may not have their products on display in the windows and the windows must be covered. Strip clubs must ensure that no sexual act is taking place on the premises – this means that touching is banned.
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