Policing and Crime Bill Update

Clause 13 was debated in the House of Lords on 1st July as part of the Committee Stage of the Policing and Crime Bill. Although all of the amendments aiming to remove or water down the clause were withdrawn or not moved, many peers called for the removal of the Clause altogether.

More information

Clause 13 of the Bill aims to protect vulnerable and exploited people by shifting the focus of the law onto those who create the demand for prostitution. The clause makes it an offence to pay for sex with someone who is subjected to force, deception or threats. It is a strict liability offence meaning that proof of knowledge that the victim is under force is not needed.

The Bill in the Commons

The Bill completed its passage in the Commons on the 19th May.

Concern was raised several days before the Commons Third Reading when it was learnt that Jacqui Smith intended proposing that the ‘controlled for gain’ wording in a clause designed to tackle demand for prostitution was exchanged for ‘subjected to force’ which was feared would protect a far smaller group of women from exploitation.

Fiona Mactaggart, Labour MP for Slough and former Home Office Minister, tabled an amendment³ to the Home Secretary’s amendment, making it plain that ‘force’ should be interpreted as stated in the Forced Marriage (Civil Protection) Act 2007 in order to cater for the psychological manipulation and other control techniques used by pimps.

After a long debate in the House of Commons on 19th May the Government chose to accept the amendment, therefore offering protection to a wider number of women. A coalition of charities, women’s organisations and grassroots projects immediately welcomed the Government’s decision to accept the amendment which is aimed at protecting vulnerable women in prostitution who are victims of psychological manipulation.

Clause 13 proposes making it an offence to buy sexual services from anyone who is subjected to force, coercion or deception. The clause is a strict liability offence which means that proof of knowledge is not needed.

Several members of the opposition spoke up in favour of the strict liability clause, including John Gummer MP who gave a moving speech highlighting the tragic case of five women in prostitution who were killed in Ipswich in 2006. Several of the bodies were discovered in Mr Gummer’s constituency.

Rachel Davies from CARE observed “It is vital that the amendment includes psychological manipulation in the definition of ‘force’, otherwise many vulnerable women would not have been protected by the legislation.”

Notes to editors

1. The law needs to change to take account of the very considerable changes that have taken place within British prostitution in recent years. In the last ten year period (1990-2000) for which robust statistics exist the demand for paid sex in this country doubled. (Who pays for Sex? An analysis of the increasing prevalence of female commercial sex contacts in Britain carried out in 2005). In this context the numbers of British women and children being drawn into prostitution has increased significantly in order to cope with the rising demand.

2. The European average age for entry into prostitution is 14 years, with as many as 75% of those in Britain entering before their 18^th birthday – some via the grooming process.[1] Home Office figures reveal that homelessness, living in care, debt and substance abuse, are all common experiences prior to entering prostitution. Research also shows that many of those in prostitution have suffered abuse or violence in the home. As many as 85% report physical abuse in the family home, with 45% reporting familial sexual abuse[2]. Moreover, pimps often try to get the women who work for them ‘drug dependent’ so they can control them. A staggering 95% of women involved in street based prostitution are addicted to class A drugs.[3] Prostitution is one of the most dangerous occupations in the world. The men, women and children involved risk facing physical assault, sexual violence, and verbal abuse every day.[4]

3. The amendment, tabled by Fiona Mactaggart MP, Lynda Waltho MP and Sally Keeble MP, reads ‘ For the purposes of this section “force” includes coercion by threats or other psychological means including exploitation of vulnerability.’

http://www.publications.parliament.uk/pa/cm200809/cmbills/066/amend/pbc0660515a.857-863.html

Press coverage

BBC news article Click here to read

Interview with the Poppy Project on the Today Programme Click here to listen

[1] Benson and Matthews (1995) Street Prostitution: Ten Facts in Search of a Policy.

[2] Paying the Price: A Consultation paper on prostitution, Home Office, July 2004

[3] Ibid, p. 11.

[4] Melissa Farley, Isin Baral, Merab Kiremire, Ufuk Sezgin (1998) ‘Prostitution in Five Countries: Violence and Posttraumatic Stress Disorder.’