Sexual Offences Act 2003, section 52

Causing or inciting prostitution for gain

Part 1 Sexual Offences

[F108 (1)A person commits an offence if—

(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.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.F108]

Cases considering section 52 4

Makai v R.

[2007] EWCA Crim 1652 · 11 July 2007Defines

The court identified section 52, intentionally causing another person to become a prostitute in expectation of gain, as the relevant underlying offence for the section 57 trafficking charge (see para [9]).

AVB v TDD

[2014] EWHC 1442 (QB) · 12 May 2014

Refers to the statutory criminal provisions concerning exploitation of prostitution as part of the public and legal context relevant to privacy, confidence and morality. (see paras [63], [75]-[77])

Kocsis v Pecs City Court Republic of Hungary

[2012] EWHC 151 (Admin) · 17 January 2012

The court identified causing or inciting another person to become a prostitute for gain as an additional United Kingdom offence arising on the assumed facts. (see para [18])

What each judgment says about section 52 is in the case-law panel in the full Act.

Explanatory note

99.Section 52 makes it an offence for a person (A) intentionally to cause or incite a person (B) into prostitution anywhere in the world where A does so for or in expectation of gain for himself or for a third party. Although this offence is not specifically limited to where B is aged 18 or over, it is aimed at cases where B is an adult, as the offence at section 48 specifically covers cases where B is under 18. Although prostitution by adults aged 18 or over is not an offence in itself, this offence is intended to cover those who, for gain, recruit others into prostitution, whether this be by the exercise of force or otherwise. The terms “prostitute” and “gain” are defined at section 54.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F108Ss. 52-54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2