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What’s the offence of “controlling prostitution for gain”?

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  • What’s the offence of “controlling prostitution for gain”?

    The law states:

    Under Section 53(1), a person commits an offence if:
    1. He intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
    2. He does so for or in the expectation of gain for himself or a third party.
    So what does “controlling” mean?

    As I understand, there might be more than one meaning when it comes down to “controlling”. One meaning could be as checking, examining or inspecting something. Another meaning of controlling could be as directing or instructing a person to do something.

    Let’s say agencies ask escort for their sexual likes to add on their profiles, does this count as controlling since the agencies are checking or examining any of the activities of another person relating to that person's prostitution? Or does this not count as controlling since the agencies are not directing or instructing any of the activities of another person relating to that person's prostitution, they are just asking them what they like, without telling them what to do?
    Tags: None

  • #2
    Section 53(1) of which statute, please? Does that statute contain definition clauses which may answer your question?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      OP's quote taken from Sexual Offences Act 2003

      From CPS website;https://www.cps.gov.uk/legal-guidanc...0third%20party.
      "‘Control’ includes, but is not limited to, ‘compulsion’, ‘coercion’ and ‘force’. It is enough that the person acted under the instructions or directions of the Defendant. There is a wide variety of possible reasons why the person may do as instructed. It may be, for example, because of emotional blackmail or the lure of gain. There is no requirement for the person to have acted without free will: R v Massey [2008] 1 Cr. App. R. 28 CA."

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      • #4
        Thanks for the replies

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        • #5
          But what constitutes “controlling”? If by controlling, the law intends instructions or directions, are tips on how to be safe in case sex happens between the escort and the client considered as “controlling”?

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          • #6
            In the situation you are describing does the agency do "so for or in the expectation of gain for" itself?

            If the sexual activities are outside the arrangement facilitated by the agency and are services agreed to privately by the escort and client at cost additional to the agency fee paid by the client for escort services, IMO there is no control

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            • #7
              The escort agencies take a fee so a % of the booking for having taken the booking

              Comment

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