Sex Work and the Law
Buying sex and selling sex are both legal in the UK. Clients will not get prosecuted or exposed unless caught kerb crawling or paying for sex with people under 18 years old. There is no law to prevent health professionals helping service users find and and use sex workers.
There is much complicated legislation on activities related to selling of sex and the current legislation and provisions are being reviewed. Some laws are strictly enforced but others not. Some are only enforced when the police are really out to get sex workers, when they suspect drugs or underage people are involved, or there is suspicion of coercive or abusive behaviour. Some are only enforced on ‘known prostitutes’ and others are mainly enforced with respect to street based sex work.
Release have produced a very useful and easy to read guide to current legislation in this area which you can download free from http://www.release.org.uk/store/. There is also very clear advice on the SW5 website. SW5 is a support group for gay and transgendered sex workers in London and has a useful website dealing with the law. See www.sw5.info/law.htm.
The Legal Situation in the UK (heading with a button to press)
Rarely enforced laws It is still illegal to live off the earnings of a sex worker or make money out of her (obviously ignored – you only have to look in local papers and Loot which receive money for prostitutes’ adverts)
Sex workers may not congregate together (they do congregate quite openly - at conferences and rallies)
Sex workers may not approach people or hang around on the street (some cities have recognized zones where this is tolerated)
Sex workers may only work alone or in two's from one building (many buildings house several flats were prostitutes work, lots of sex workers can be found in the rooms of each hotel, and many sex workers help each other out in a single flat. However, raids are still carried out if the police suspect underage workers, drugs are being used, or when they are trying to raise awareness of the Home Office's grundyist attitudes.
Enforced Laws
Brothels are illegal unless they are licenced as saunas or massage parlours, and don't advertise or take money for sexual services.
Street walkers in areas where pimps control the patch and drugs are involved get arrested and prosecuted. If they return, they are given ASBOs (Anti Social Behaviour Orders) which mean prison if picked up there again. This forces street workers into unchartered areas where they will not feel safe, and may find themselves in real danger. Kerb Crawing –driving slowly hoping to find a sex worker - might you get a criminal record and your name and photograph may be published in the local paper. Under the Sexual Offenses Act it is an offense to 'control sex workers' - an offense that replaces laws simply aimed at pimping.
Hopefully this will reassure readers that you can safely look in the local paper or on the Internet to find a sex worker, make an appointment, and you, or your service user, can enjoy the session without fear.
If the confusing nature of the prostitution laws seems senseless and archaic, here are some proposals for reform. Please do write to your MP and the Home Office to register your support.
In conjunction with the the Sexual Freedom Coalition, TLC recommends the decriminalization of prostitution, with underage sex, coercion and abusive behaviour remaining criminalised. All existing laws relating to prostitution should be repealed and replaced by three laws: i) making it illegal to employ underage people for sex work ii) dealing with the management of street work, encouraging the use of designated areas and preventing drug addicts from selling sex iii) specifically criminalising the abusive control of sex workers and criminalising coercion of individuals into sex work
1) The following statutes should therefore be repealed
(a) Disorderly Houses Act 1751 (25 Geo 2 c. 36) because it criminalises brothels (b) Town Police Clause Act 1847 c.89 because it prohibits prostitutes from congregating (c) Secs 34, 35, 36, 37 and 41 Sexual Offences Act 1956 as amended, because they restrict prostitution and its organization (d) Street Offences Act 1959 because it criminalises street prostitution (e) Sec 55 Sexual Offences Act 2003 because it criminalises brothels (f) Sexual Offences Act 1985 (1985c44) because it criminalises kerb crawling. This activity would virtually disappear in residential areas if street work were limited to other designated areas
2) The following Common Laws should be abolished
(a) Conduct calculated or intended to corrupt Public Morals because it criminalises prostitutes’ advertisements (b) Conspiracy to corrupt Public Morals because it criminalises prostitutes’ advertisements (c) Conspiracy to outrage Public Morals because it criminalises some prostitutes (d) Keeping a Disorderly House because it criminalises brothels (e) Outraging public decency because it criminalises some prostitutes NB The Law Commission Paper No 154 recommends the abolition of all these common law offences
3) ASBOs (Anti Social Behaviour Orders) should not be used on sex workers. They are being used increasingly to control street workers and brothels because the Home Office refers to prostitution as a social problem. The Government recently announced that they are going to make ASBOs even easier to obtain. ASBOs use hearsay evidence, so they are virtually impossible to challenge in court.