Sections 52 and 52 of the Sexual Offences Act 2003 prohibit the “exploitation of prostitution”.

Section 52 of the Act prohibits the causing or inciting of prostitution for Gain

Section 53 Prohibits the Controlling of Prostitution for Gain

Gain includes any financial advantage including the discharge of any debt or the provisions of goods or services (including sexual services) and also the goodwill of any person which appears likely, in time, to bring a financial advantage.

Prostitution or Prostitute means a person who on at least one occasion and, whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment.

For offences under both Section 53 and 54 the acts constituting the offence must be committed in England and Wales.

A person commits an offence under this section if they intentionally cause or incite another person to become a prostitute in any part of the world. The person incited does not in fact have to engage in an act of prostitution. The accused person must have acted in the expectation of gain to himself or to a third person.

The maximum sentence for this offence is 7 years imprisonment if charged on indictment.

A person commits this offence if he controls any activities of person relating to that person’s prostitution in any part of the world and he does so for a gain to himself or a third person.

The control that the person must exert may be direct or through a third person. The control does not have to include force and it is not necessary that the person has to have acted without free will. The control may be exerted by physical force or threat of force but may include emotional blackmail or the lure of some form of gain.

The maximum sentence for an offence under section 53 is 7 years imprisonment if charged in indictment; only 6 months if charged summarily.

Old Bailey Solicitors have significant experience in defending clients investigated or charged for offences relating to prostitution or the sex industry.

Our criminal defence lawyers will be able to advise you clearly and cogently on all the possible implications of a criminal investigation into prostitution or similar offences such as running a brothel.

All our lawyers are exclusively criminal defence experts and we routinely achieve acquittals for our clients at trial.

Can we help you? Please contact us now.

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