Sex Work, Trafficking and Slavery

Question 1

What is a prostitute defined as?

Answer 1

(s 51(2) of the Sexual Offences Act 2003).

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 to [him/her] or a third person’.

Question 2

s 1(1) of the Street Offences Act 1959 states that it is an offence for a person (male or female) to:

Penalty?

Answer 2

Persistently* loiter or solicit in a street or public place for the purpose of prostitution.

*conduct is persistent if it takes place on two or more occasions in any period of three months;

Penalty:
- This offence is triable summarily and the penalty is a fine or a court order requiring the offender to attend three meetings with a suitable person.

Question 3

Under what legislation is it an offence for a person to solicit the services of a prostitute in a public place?

Answer 3

s 51A of the Sexual Offences Act 2003

Triable summarily and the penalty is a fine.

Question 4

Paying for sexual services of a prostitute subjected to force etc.

(1) A person (A) commits an offence if—

Answer 4

s 53A of the Sexual Offences Act 2003

(a) A makes or promises payment for the sexual services of a prostitute (B),
(b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and
(c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

Has to involve exploitative conduct to induce or encourage provision of sexual services anywhere in the world. Conduct can be force, threats, coercion and deception.

Irrrelevant if services are actually provided, or whether client is aware of exploitative context

Triable summarily and the penalty is a fine.

Question 5

Causing or inciting prostitution for gain

(1) A person commits an offence if—

Answer 5

s 52 of the Sexual Offences Act 2003

(a) He intentionally causes or incites another person to become a prostitute in any part of the world, and
(b) He does so for or in the expectation of gain for himself or a third person.

Question 6

Controlling Prostitution for Gain

A person commits an offence if:

Answer 6

S53 (1) Sexual Offences Act 2003

(a) he/she intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
(b) he/she does so for or in the expectation of gain for himself/herself or a third person.

Question 7

It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel.

Answer 7

S33 Sexual Offences Act 1956

In order for it to be called a brothel, there has to be more than one person selling sex on the premises.

Question 8

What is modern slavery?

Answer 8

An umbrella term that includes human trafficking and slavery, servitude and forced or compulsory labour.

These crimes all involve exploitation.

Slavery is one where one or more persons seem to have ownership over another person(s) and can therefore exploit the victim.

Question 9

Under what legislation is slavery prohibited?

Answer 9

Article 4 of the European Convention on Human Rights

Question 10

Slavery, servitude and forced labour are all offences under what legislation?

Answer 10

s 1 of the Modern Slavery Act 2015

Question 11

Does age and consent matter with human trafficking?

UK Only?

Answer 11

The victim can be of any age and whether he/she consents to travelling is relevant, and the travelling can be to or from the Uk, or within the UK (s 2 of the MSA)

Question 12

Most of the offences relating to sexual exploitation can be found in what legislation?

Answer 12

Part 1 of the Sexual Offences Act 2003

s 1 of the Protection of Children Act 1978 (indecent photographs of children).

s 33A of the Sexual Offences Act 1956, related to the offence of keeping a brothel.

Question 13

What is labour exploitation?

Answer 13

When the victim is forced to work under unacceptable conditions, often in factory work, agriculture, construction, catering and hotels.

It often involves threats or physical harm, restrictions of movement, debt bondage, withholding wages, retention of identity documents, and treating to reveal the illegal status of the worker to the authorities.

Question 14

What is servitude?

Answer 14

Involves providing services through threat or coercion.

For example, domestic servitude is when victims are forced to cook or clean in other people’s homes.

Unlike slavery, servitude does not involve ‘ownership’, but the victim will often have little change of improving or changing his/her conditions.

Question 15

The circumstances under which a person is found can be used to help to determine whether they are being held for the purposes of slavery, servitude and forced labour.

What factors should be considered?

Answer 15

Vulnerability due to age, familial relationship to the offender, or mental and physical illness (s 1(4)(a) of the MSA).

The type of activity and the context are also relevant, e.g the work of provision of services may involve sexual exploitation, removal of organs, threats or deception (MSA s 1(4)(b)).

Question 16

Under s 54A of the MSA, what must commercial organisations operating in the UK with an annual turnover of over £36 million do?

Answer 16

Required to either disclose the steps they have taken to ensure their business does not involve modern slavery (including their supply chain), or to make a statement that they have taken no such action.

Question 17

Initial indicators that a person may have been trafficked include:

Answer 17

Human rights breaches
Threats or actual harm to family members
Deprivation of food, water and sleep
Withholding medical care
Forced to provide sexual acts
Having wages partly or totally withhold
Debt bondage
Working excessive hours
Not having access to identity documents (e.g passport) 
Restricted freedom of movement

Question 18

Initial indicators that a child may have been trafficked include:

Answer 18

No money/ debts to pay/ still have a mobile phone?
Physical abuse
Being sexually active
Having STIs
Unwanted pregnancies
Substance abuse
Contact with adults outside social circle
Homelessness 
Self harming 
Forming online relationships with adults

Question 19

What can police use to trigger the procedures of formal identification and the provision of support for victims of slavery and human trafficking?

Answer 19

The National Referral Mechanism

This will be the UK Human Trafficking Centre (UKHTC) for individuals from the European Economic Area (EEA), and UK Visas and Immigration for non-EEA individuals.

Question 20

To prevent a person from engaging in modern slavery the police can do what?

Answer 20

Apply to a magistrates court for a Slavery and Trafficking Prevention Order (STPO) or a Slavery and Trafficking Risk Order (STRO) under s 2 of the MSA.

Question 21

Preventing a person from engaging in modern slavery

What is a Slavery and Trafficking Prevention Order (STPO)?

Answer 21

An STPO lasts for 5 years and can be imposed following a conviction for a modern slavery offence, or be issued as a stand alone order.

Question 22

Preventing a person from engaging in modern slavery

What is a Slavery and Trafficking Risk Order (STRO)?

Answer 22

The risk of harm posed be an individual must be assessed, and the order can only be issued if there is evidence beyond reasonable doubt of the activity for a risk of harm.

The minimum duration of an STRO is two years.

Question 23

Preventing a person from engaging in modern slavery

What happens when you breach an STPO or and STRO?

Answer 23

It is a criminal offence, punishable with up to 5 years imprisonment.

Question 24

What is the maximum custodial sentence for slavery (including human trafficking)?

Answer 24

12 months if tried as a summary offence, and life imprisonment if tried under indictment (s 5 of the MSA).

Question 25

Types of Slavery:

Forced labour

Answer 25

any work or services which people are forced to do against their will under the threat of some form of punishment, e.g. nail salons, car washes, farm workers, etc.

Question 26

Types of Slavery:

Debt bondage or bonded labour

Answer 26

the world’s most widespread form of slavery, when people borrow money they cannot repay and are required to work to pay off the debt and then lose control over the conditions of both their employment and the debt.

Question 27

Types of Slavery:

Human trafficking

Answer 27

When one or more persons arrange for a person to travel for the victim to be exploited there.

Involves transporting, recruiting or harbouring people for the purpose of exploitation, using violence, threats, coercion, or the promise of a different life.

Question 28

Types of Slavery:

Descent-based slavery

Answer 28

where people are born into slavery because their ancestors were captured and enslaved, they remain in slavery by descent.

Question 29

Types of Slavery:

Child slavery

Answer 29

many people often confuse child slavery with child labour, but it is much worse. Whilst child labour is harmful to children and hinders their education and development, child slavery occurs when a child is exploited for someone else’s gain. It can include child trafficking, child soldiers, child marriage and child domestic slavery.

Question 30

Types of Slavery:

Forced and early marriage

Answer 30

when someone is married against their will and cannot leave the marriage. Most child marriages can be considered slavery, but this does not apply only to children of course.

Question 31

Human trafficking is one form of slavery highlighted above. Note that there are several broad categories of exploitation linked to human trafficking, including:

Answer 31

• Sexual exploitation.
• Forced labour.
• Domestic servitude.
• Organ harvesting.
• Crimes such as child sexual exploitation, forced begging, illegal drug cultivation, organised theft, related benefit frauds, etc.
• Forced marriage and illegal adoption (if other constituent elements are present).

Question 32

1. Persistently* loiter or solicit in a street or public place for the purpose of prostitution.
2. Solicit the services of a prostitute in a public place.
3. Causing or inciting prostitution for gain
4. Paying for sexual services of a prostitute subjected to force
5. Controlling Prostitution for Gain
6. Manage/ keep a brothel

Answer 32

1. s 1(1) of the Street Offences Act 1959
2. s 51(A) SOA 2003
3. s 52 SOA 2003
4. s 53(A) SOA 2003
5. S53 (1) SOA 2003
6. S33 SOA 2003

Question 33

1. s 1(1) of the Street Offences Act 1959
2. s 51(A) SOA 2003
3. s 52 SOA 2003
4. s 53(A) SOA 2003
5. S53 (1) SOA 2003
6. S33 SOA 2003

Answer 33

1. Persistently* loiter or solicit in a street or public place for the purpose of prostitution.
2. Solicit the services of a prostitute in a public place.
3. Causing or inciting prostitution for gain
4. Paying for sexual services of a prostitute subjected to force
5. Controlling Prostitution for Gain
6. Manage/ keep a brothel