A person consents to sex if they agree by choice and have the freedom and capacity to make that choice. Prostitution where consent is absent requires consideration of other SOA provisions for offences including rape, assault by penetration and sexual assault and the prosecution guidance on Rape and Sexual Offences. This guidance relates to offences concerning prostitution and exploitation of prostitution. However it should be made clear that there is a strong public interest in prosecuting offences committed against prostitutes.
Prostitutes are often targeted victims of violence, including assault and rape, either by their controllers or customers, in the belief that they are unlikely to report crime or support a prosecution. It is important to support witnesses, to give evidence in any prosecution which follows, whether through special measures or other support available.
Case strategy can be particularly important to set out how the case is put, how it will be built and kept under review, addressing clearly the approach to the evidence, public interest in prosecution and appropriate charges. For these purposes, exploitation involves the commission of an offence under Part 1 of the SOA , or section 1 1 a Protection of Children Act It therefore captures all sexual offences including controlling prostitution for gain and causing or inciting prostitution see below.
Further information can be found in the Modern Slavery and Human Trafficking prosecution guidance. Where there is insufficient evidence to show trafficking for sexual exploitation, prosecutors should go on to consider whether the suspect controlled prostitution for gain. A person commits an offence if they intentionally control activities relating to the prostitution of another person in any part of the world with the expectation of gain for themselves or another.
It is enough that the person acted under the instructions or directions of the suspect. This could include, although this is not exhaustive, arranging meetings with clients; confirming which sex acts will take place; keeping recordings of earnings or driving them to meet clients. 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. A prostitute can still be controlled whilst in an intimate relationship with their controller.
