Is seeking sex instead of cash for rental accommodation incitement of prostitution for gain? Dennis J Baker investigates
- In pursuing a conviction for sexual harassment, it is a misinterpretation of the law to use the exploitation offence under the Sexual Offences Act 2003 which covers those who seek to incite others to work as prostitute.
There is a huge justice problem in trying to get convictions for sexual harassment, sexual assaults and rape, while ensuring only the guilty are punished. Nonetheless, the starting point has to be to charge the right offence. Using prostitution offences to target sexual harassment from landlords is not likely to fit well enough to obtain a conviction. The better option is to target solicitation that is a course of conduct as harassment, contrary to the offences found in the Protection from Harassment Act 1997 (PHA 1997).
Section 52 of the Sexual Offences Act 2003 (SOA 2003) provides:
‘(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
