S52. Causing or inciting prostitution for gain

Date Updated: January 2012
Title: Sexual Offences
Offence: Causing or inciting prostitution for gain
Legislation: Sexual Offences Act 2003 - S52
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:

• On Indictment - 7 years
• Summary Conviction - 6 months imprisonment and/or statutory maximum fine

Culpability & Harm

Exploitation of prostitution

Factors to take into consideration:

The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.

The degree of coercion, both in terms of recruitment and subsequent control of a prostitute's activities, is highly relevant to sentencing.

The degree to which a victim is exploited or controlled, the harm suffered as a result, the level of involvement of the offender, the scale of the operation and the timescale over which it has been run will all be relevant in terms of assessing the seriousness of the offence.

Where an offender has profited from his or her involvement in the prostitution of others, the courts should always consider making a confiscation order approximately equivalent to the profits enjoyed.

The presence of any of the general aggravating factors identified in the Council guideline on seriousness or any of the additional factors identified in the guidelines will indicate a sentence above the normal starting point.

Where there is evidence that an offender convicted of an exploitation of prostitution offence is not actively involved in the coercion or control of the victim(s), that he or she acted through fear or intimidation and that he or she is trying to exit prostitution, the courts may wish to consider whether, in the particular circumstances of the case, this should mitigate sentence.

The starting points are the same whether prostitution was caused or incited and whether or not the incited activity took place. Where the offence was incited, the sentencer should begin from the starting point that the offence was incited, taking account of the nature of the harm that would have been caused had the offence taken place and calculating the final sentence to reflect that no actual harm was occasioned to the victim, but being mindful that the intended victim may have suffered as a result of knowing or believing the offence would take place.

The starting point for the exploitation of prostitution offences where an offender's involvement was minimal, and he or she has not actively engaged in the coercion or control of those engaged in prostitution, is a non-custodial sentence.

A fine may be more appropriate for very minimal involvement.

Where an offender has profited from his or her involvement in the prostitution of others, the court should consider making a confiscation order9 approximately equivalent to the profits enjoyed.

Where this offence is being dealt with in a magistrates' court, more detailed guidance is provided in the Magistrates' Court Sentencing Guidelines (MCSG).

Aggravating & Mitigating Factors

Aggravating

• Background of threats or intimidation
• Large scale commercial operation
• Substantial gain (in the region of £5,000 and upwards)
• Use of drugs, alcohol or other substance to secure the victim's compliance
• Induced dependency on drugs
• Abduction or detention
• Threats to prevent victim reporting the activity
• Threats to disclose victim's activity to friends or relatives

Mitigating:

• Offender also being controlled in prostitution  and subject to threats or intimidation.

Relevant Sentencing Council Guideline (if any)

1. Guidelines effective for offences sentenced on or after the 14th May 2007.
2. The starting points are for an adult offender, of previous good character who was convicted after trial.

Type/nature of activity: Evidence of physical and/or mental coercion  

Starting points: 3 years custody  
Sentencing ranges: 2 - 5 years custody

Type/nature of activity: No coercion or corruption, but the offender is closely involved in the victim's prostitution  

Starting points: 12 months custody  
Sentencing ranges: 26 weeks - 2 years custody

Type/nature of activity: No evidence that the victim was physically coerced or corrupted, and the involvement of the offender was minimal  

Starting points: Community order  
Sentencing ranges: An appropriate non-custodial sentence

'Non-custodial sentence' in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.

Ancillary Orders 

• POCA (Proceeds of Crime Act 2002 s 6 and s75)
• Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006). 
• Deprivation Order

Consider Also 

• Dangerous Offender provisions apply. Sentences for public protection must be considered.

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