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badmaash

Is It Illegal To Run An Escort Job Site?

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Hi

Is it illegal to run an escort job site, where agencies can put up jobs to recruit staff? Just like a normal job site....

Thanks

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I think agencies have their own websites which has recruitment details so wouldn't require a third party and from what I gather there is not a problem recruiting so legal or not such a website wouldn't exist.

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Is it illegal to run an escort job site, where agencies can put up jobs to recruit staff? Just like a normal job site....

Before posting here, you obviously had the good sense to have a shufti at CPS' website, under the rubric "Causing, Inciting and Controlling Prostitution for Gain"? If you didn't have the time, I suggest you do now.

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Before posting here, you obviously had the good sense to have a shufti at CPS' website, under the rubric "Causing, Inciting and Controlling Prostitution for Gain"? If you didn't have the time, I suggest you do now.

Erm but the job posts would be for free and I would not gain anything from it

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Erm but the job posts would be for free and I would not gain anything from it

CAUSING or INCITING control for gain. The clue is in the first word. You might not be making money, but the escort agency does and you have recommended and supplied them with the girl. Therefore the offence of "controlling prostitution for gain" which they have committed in respect of the girl, was caused by you and incited by you.

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Before posting here, you obviously had the good sense to have a shufti at CPS' website, under the rubric "Causing, Inciting and Controlling Prostitution for Gain"? If you didn't have the time, I suggest you do now.

Just had a look at the site I think you were talking about and noticed they also had guidance for the new offence (53A) and it had the following curious quote....

"The offence is most likely to arise in police brothel raids where there is enforcement against suspects controlling or exploiting prostitution for gain and where clients are apprehended in the operation. However, the offence is not limited to particular types of premises. It could therefore apply to premises which may have a legitimate business, for example a nightclub, as well as online internet-based services."

I wasn't aware that "controlling prostitution for gain" made any mention of "force etc." In fact that was why "control for gain" was not used in the offence when it was the original wording put forward. All brothels will have suspects who are committing those offences, however I would go straight into amateur barrister mode if I was arrested merely because of my presence in that brothel, and without any evidence of "force, threats etc."

Edited by punter992005

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Erm but the job posts would be for free and I would not gain anything from it

At the risk of seeming daft, if you wouldn't gain owt from it, why do it?

However, I think you'll find that the definition of "for gain" is wide enough to cover for anyone's gain, and I'd suggest that if (big "if") the forces of law, order and democracy decided that (as a POM once said) "for you ze jail is waiting" then an escort employment agency incites ladies to prostitute themselves

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Is it illegal to run an escort job site, where agencies can put up jobs to recruit staff? Just like a normal job site....

Not unless you say something like "No experience necessary".

CAUSING or INCITING control for gain. The clue is in the first word. You might not be making money, but the escort agency does and you have recommended and supplied them with the girl. Therefore the offence of "controlling prostitution for gain" which they have committed in respect of the girl, was caused by you and incited by you.

The agency is controlling prostitution for gain (section 53) but I doubt that either the site owner or agencies are causing or inciting prostitution (section 52) unless they're trying to obtain girls new to the business.

Section 52 requires the accused to have intentionally caused or incited another person to become a prostitute in any part of the world.

In R v Phanida Ubolcharoen [2009] Lord Justice Rix said that the offence (ie section 52) "...cannot be committed if the complainant in question has, on any previous occasion, here or elsewhere in the world, acted as a prostitute in the way that I have just defined it - that is, provided sexual services for payment. If the woman has done so in the past - has done that - then she has already been a prostitute abroad, and no one could cause her to become a prostitute for the first time in the United Kingdom".

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Not unless you say something like "No experience necessary".

The agency is controlling prostitution for gain (section 53) but I doubt that either the site owner or agencies are causing or inciting prostitution (section 52) unless they're trying to obtain girls new to the business.

Section 52 requires the accused to have intentionally caused or incited another person to become a prostitute in any part of the world.

In R v Phanida Ubolcharoen [2009] Lord Justice Rix said that the offence (ie section 52) "...cannot be committed if the complainant in question has, on any previous occasion, here or elsewhere in the world, acted as a prostitute in the way that I have just defined it - that is, provided sexual services for payment. If the woman has done so in the past - has done that - then she has already been a prostitute abroad, and no one could cause her to become a prostitute for the first time in the United Kingdom".

I don't believe I was talking about section 52 - I was talking about inciting CONTROL for gain i.e section 53. The agency is certainly guilty of that irrespective of her previous experience.

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I don't believe I was talking about section 52 - I was talking about inciting CONTROL for gain i.e section 53. The agency is certainly guilty of that irrespective of her previous experience.

Right, I understand now what you meant.

I still can't see any incitement. In any event the old common law offence of incitement was abolished and replaced by the offence of intentionally encouraging or assisting an offence (section 44 of the Serious Crime Act 2007 - and also sections 45 and 46).

The site is encouraging girls to work as prostitutes. It's not encouraging the agencies to control the girls. I can't see any assisting either. It's all far too remote.

If it was "encouraging or assisting", which I don't believe it is, then I would have expected HH and several police forces to have threatened newspapers with the offence(s) when they requested them to drop adverts for brothels/parlours/saunas etc.

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Right, I understand now what you meant.

I still can't see any incitement. In any event the old common law offence of incitement was abolished and replaced by the offence of intentionally encouraging or assisting an offence (section 44 of the Serious Crime Act 2007 - and also sections 45 and 46).

The site is encouraging girls to work as prostitutes. It's not encouraging the agencies to control the girls. I can't see any assisting either. It's all far too remote.

If it was "encouraging or assisting", which I don't believe it is, then I would have expected HH and several police forces to have threatened newspapers with the offence(s) when they requested them to drop adverts for brothels/parlours/saunas etc.

Well didn't HH et al threaten them with something along those lines? I do vaguely remember them saying that they could be prosecuted on some spurious ground or other; The newspapers, of course, had the defence that they were just accepting an advert for a business - one of many businesses they accepted adverts for. This site suggested here is solely for escorting so may be a little more easily trapped.

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