I intend to cover that very point. It is important that we have a workable definition that does the job we ask it to do, but it is also important that we have a proportionate response. I shall return not just to strict liability but to the penalties that flow from such offences.
We expect our proposed definition to cover most cases when a prostitute is still under the control of traffickers. We also expect it to cover most of the cases intended to be captured by the fourth scenario mentioned in new clause 25, whereby someone is directed or instructed to provide sexual services but the person does not consent to that direction, provided that they were not simply free to ignore it. In such cases, we imagine that such directions or instructions would be backed up by force or threats.
Our new clause will deal with the case of a prostitute who agrees to work as a prostitute because their pimp would otherwise refuse to supply them with controlled drugs. However, unlike new clause 25, it would not cover a person who decides to work as a prostitute and chooses to use the money to pay for controlled drugs. Although we accept that there are clearly desperate circumstances in which people provide sexual services to gain drugs or money for drugs, we believe that element of the proposed new clause is drafted too widely.
New clauses 25 and 26 would capture anyone who uses the sexual services of a prostitute who, under the definition, was trafficked, coerced or otherwise considered exploited, rather than just someone who pays for sexual services. There would be a danger that the offence would also criminalise consenting sexual relationships, such as those between the prostitute and their partner or spouse. It is payment to those who are controlling the prostitutes that fuels demand for them, so that act is the focus for our offence.
Policing and Crime Bill
Proceeding contribution from
Alan Campbell
(Labour)
in the House of Commons on Tuesday, 19 May 2009.
It occurred during Debate on bills on Policing and Crime Bill.
Type
Proceeding contribution
Reference
492 c1403-4 
Session
2008-09
Chamber / Committee
House of Commons chamber
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