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Home Office Guidance on the New Laws

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I attach a link to Home Office Circular 006/2010 which provides guidance for police and practitioners who will enforce the provisions in the Policing and Crime Act 2009 that relate to prostitution (sections 14 to 21).

http://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2010/006-2010/

I don't recall seeing it on the forum but apologies if it has been discussed before.

Particularly of interest to some may be the guidance offered in relation to force, threats, coercion or deception ( required by the new section 53A offence):

"Force

Force should be given its ordinary meaning as applied in other legislation and clearly includes physical violence towards B.

Threats

The "use of threats" is not restricted to threats of physical violence. For example, it could also include scenarios where C uses 'psychological' threats against B. Scenarios which could be covered by this include circumstances in which C makes threats to:

* report B to the immigration authorities or police;

* restrict B's access to B's children, family and friends;

* withdraw B's accommodation, financial support or other basic necessities;

* stop supplying B with drugs and/or alcohol;

* end the relationship; withdraw love/affection;

* take action that would make B feel guilty/responsible e.g. threaten to commit suicide; threats in relation to the effect on C of not being able to purchase drugs and/or alcohol;

* restrict B's movement or some other personal freedom;

* tell family, friends or community about B's involvement in prostitution or about some other fact which would damage B's reputation or otherwise embarrass him or her; and/or,

* harm B's family or someone else close to B.

Coercion

Any other form of coercion' is intended to include situations that involve dominating or unequal relationships where C uses his or her influence over B, or purposely exploits B's vulnerabilities to incite or encourage B to provide sexual services. These vulnerabilities could relate to B's:

* young age,

* physical or mental incapacity, illness or disability;

* drug and/or alcohol dependency;

* history of experiencing violence or abuse;

* economic disadvantage, social status or social exclusion; and/or,

* immigration status.

In R v Massey [2007] the Court of Appeal considered some of the vulnerabilities that could be exploited by C:

"There may be a variety of reasons why the other person does as instructed. It may be because of physical violence or threats of violence. It may be because of emotional blackmail, for example, being told that "if you really loved me, you would do this for me". It may be because the defendant has a dominating personality and the woman who acts under his direction is psychologically damaged and fragile. It may be because the defendant is an older person and the other person is emotionally immature. It may be because the defendant holds out the lure of gain, or the hope of a better life. Or there may be other reasons".

Deception

Deception relates to situations where B is deceived into providing the sexual services. It could include deceiving B in relation to the identity of the person receiving the sexual services or as to the terms on which the sexual services would be provided."

It does appear as though somebody has put a little more thought into it than the CPS guidance notes. Remember though it is only guidance and does not form part of the legislation.

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Remember though it is only guidance and does not form part of the legislation.

Thank you very much for this link. It might be intriguing if the Home Office guidance were to be incompatible with CPS'. One wonders why both bodies need to devote time ( = money) to this matter?

The real problem is that many coppers, particularly the self important DI Hyland, don't or won't distinguish between law and guidance.

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I can accept many/most of those are unfair pressure/improper reasons for somebody to work as a prostitute.

I wonder why they are therefore acceptable as tactics used by the Police to force confessions or implicate others, as outlined elsewhere here.

for example:-

'psychological' threats

report B to the immigration authorities

restrict B's access to B's children, family and friends;

withdraw ... or other basic necessities;

stop supply ... B with drugs and/or alcohol;

restrict B's movement or some other personal freedom;

tell family, friends or community about B's involvement in prostitution or about some other fact which would damage B's reputation or otherwise embarrass him or her; and/or,

Any other form of coercion' is intended to include situations that involve dominating or unequal relationships where C uses his or her influence over B, or purposely exploits B's vulnerabilities to incite or encourage B to provide sexual services. These vulnerabilities could relate to B's:

* young age,

* physical or mental incapacity, illness or disability;

* drug and/or alcohol dependency;

* history of experiencing violence or abuse;

* economic disadvantage, social status or social exclusion; and/or,

* immigration status.

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I can accept many/most of those are unfair pressure/improper reasons for somebody to work as a prostitute.

I wonder why they are therefore acceptable as tactics used by the Police to force confessions or implicate others, as outlined elsewhere here.

for example:-

'psychological' threats

report B to the immigration authorities

restrict B's access to B's children, family and friends;

withdraw ... or other basic necessities;

stop supply ... B with drugs and/or alcohol;

restrict B's movement or some other personal freedom;

tell family, friends or community about B's involvement in prostitution or about some other fact which would damage B's reputation or otherwise embarrass him or her; and/or,

Any other form of coercion' is intended to include situations that involve dominating or unequal relationships where C uses his or her influence over B, or purposely exploits B's vulnerabilities to incite or encourage B to provide sexual services. These vulnerabilities could relate to B's:

* young age,

* physical or mental incapacity, illness or disability;

* drug and/or alcohol dependency;

* history of experiencing violence or abuse;

* economic disadvantage, social status or social exclusion; and/or,

* immigration status.

So if I encourage B to have paid sex with me and she accepts because she is economically disadvantaged, i.e. short of cash, that's coercion?

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So if I encourage B to have paid sex with me and she accepts because she is economically disadvantaged, i.e. short of cash, that's coercion?

If she (ie :cool: is having sex with you then you are A. The coercion etc has to come from C.

There is no C or coercion in your scenario.

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I attach a link to Home Office Circular 006/2010 which provides guidance for police and practitioners who will enforce the provisions in the Policing and Crime Act 2009 that relate to prostitution (sections 14 to 21).

http://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2010/006-2010/

I don't recall seeing it on the forum but apologies if it has been discussed before.

Particularly of interest to some may be the guidance offered in relation to force, threats, coercion or deception ( required by the new section 53A offence):

"Force

Force should be given its ordinary meaning as applied in other legislation and clearly includes physical violence towards B.

Threats

The "use of threats" is not restricted to threats of physical violence. For example, it could also include scenarios where C uses 'psychological' threats against B. Scenarios which could be covered by this include circumstances in which C makes threats to:

* report B to the immigration authorities or police;

* restrict B's access to B's children, family and friends;

* withdraw B's accommodation, financial support or other basic necessities;

* stop supplying B with drugs and/or alcohol;

* end the relationship; withdraw love/affection;

* take action that would make B feel guilty/responsible e.g. threaten to commit suicide; threats in relation to the effect on C of not being able to purchase drugs and/or alcohol;

* restrict B's movement or some other personal freedom;

* tell family, friends or community about B's involvement in prostitution or about some other fact which would damage B's reputation or otherwise embarrass him or her; and/or,

* harm B's family or someone else close to B.

Coercion

Any other form of coercion' is intended to include situations that involve dominating or unequal relationships where C uses his or her influence over B, or purposely exploits B's vulnerabilities to incite or encourage B to provide sexual services. These vulnerabilities could relate to B's:

* young age,

* physical or mental incapacity, illness or disability;

* drug and/or alcohol dependency;

* history of experiencing violence or abuse;

* economic disadvantage, social status or social exclusion; and/or,

* immigration status.

In R v Massey [2007] the Court of Appeal considered some of the vulnerabilities that could be exploited by C:

"There may be a variety of reasons why the other person does as instructed. It may be because of physical violence or threats of violence. It may be because of emotional blackmail, for example, being told that "if you really loved me, you would do this for me". It may be because the defendant has a dominating personality and the woman who acts under his direction is psychologically damaged and fragile. It may be because the defendant is an older person and the other person is emotionally immature. It may be because the defendant holds out the lure of gain, or the hope of a better life. Or there may be other reasons".

Deception

Deception relates to situations where B is deceived into providing the sexual services. It could include deceiving B in relation to the identity of the person receiving the sexual services or as to the terms on which the sexual services would be provided."

It does appear as though somebody has put a little more thought into it than the CPS guidance notes. Remember though it is only guidance and does not form part of the legislation.

I'm a little confused as to the quotation from R v. Massey. The judge was making his ruling on the definition of "control" in the "control for gain" legislation, and explaining that control was not total and was not equal to force. He was explaining (in the whole of the ruling) that it was sufficient that the "pimp" told the girl what to do and the girl (for whatever reason) did it, in order for a person to be guilty of "control for gain". It therefore has no bearing on what "force, threats, deception or coercion" would mean in the new legislation esp. when you see the "hold out the lure of gain, or hope of a better life" part.....that's clearly nothing to do with the new legislation.

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Correct - there has to be a third party persuading the girl to sell sex to you. In most situations a WG is already offering herself and I suppose the scenario you are suggesting would only arise if you approached a non-WG or a WG who didn't want to see you for some reason.

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If she (ie :D is having sex with you then you are A. The coercion etc has to come from C.

There is no C or coercion in your scenario.

C pointing out that you could make a mint by selling sex to the A would not count as coercion. Otherwise the prosecution would have to admit they were coerced into doing their jobs.

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Women and men involved in prostitution

7. Both national and international studies indicate that for many women, men and children involved in prostitution the experience is one that involves physical, mental and sexual violence. This can cause trauma and significant, long-lasting physical and emotional harm. Research carried out on the harm caused by prostitution to women involved in it found that:

* 71% of women interviewed had experienced physical assault;

* 63% had experienced rape; and

* 68% met the criteria for post-traumatic stress disorder.[2]

8. Analysis of routes into prostitution identified that:

- Certain vulnerable groups of girls and women were more likely to become involved in prostitution, particularly those who had suffered physical or sexual violence or neglect.

- This group were further marginalised by experiences which included running away from abusive situations, being in local authority care, being involved in crime, drug addiction and being excluded from education.

- These girls and women were then 'facilitated' into prostitution as a result of grooming by pimps or other procurers[3].

If these figures from the Government reflects the state of prostitution in the UK, why the hell haven't they done something about it? Surely with the amount of "crminality" here, the Police wouldn't need to look far to find it, without criminilizing the unsuspecting punter with a law that goes against everything that the UK is supposed to stand for; fairness and liberty.

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Women and men involved in prostitution

7. Both national and international studies indicate that for many women, men and children involved in prostitution the experience is one that involves physical, mental and sexual violence. This can cause trauma and significant, long-lasting physical and emotional harm. Research carried out on the harm caused by prostitution to women involved in it found that:

* 71% of women interviewed had experienced physical assault;

* 63% had experienced rape; and

* 68% met the criteria for post-traumatic stress disorder.[2]

8. Analysis of routes into prostitution identified that:

- Certain vulnerable groups of girls and women were more likely to become involved in prostitution, particularly those who had suffered physical or sexual violence or neglect.

- This group were further marginalised by experiences which included running away from abusive situations, being in local authority care, being involved in crime, drug addiction and being excluded from education.

- These girls and women were then 'facilitated' into prostitution as a result of grooming by pimps or other procurers[3].

If these figures from the Government reflects the state of prostitution in the UK, why the hell haven't they done something about it? Surely with the amount of "crminality" here, the Police wouldn't need to look far to find it, without criminilizing the unsuspecting punter with a law that goes against everything that the UK is supposed to stand for; fairness and liberty.

See this link for the reference used for the assault/rape/post-traumatic-stress stats. It's based on interviews with 854 prostitutes across 9 countries (Canada, Columbia, Germany, Mexico, South Africa, Thailand, Turkey, USA and Zambia)... none from the UK!

I really don't see what relevance this has to the scene in the UK :D

Also the method seems quite flawed to me, for example the Canadian participants were chosen from "one of the most economically destitute regions in North America" and the German participants from "a drop-in shelter for drug addicted women"... both are likely to self select the most vulnerable women involved in prostitution and not be representative of prostitution as a whole in the respective countries.

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See this link for the reference used for the assault/rape/post-traumatic-stress stats. It's based on interviews with 854 prostitutes across 9 countries (Canada, Columbia, Germany, Mexico, South Africa, Thailand, Turkey, USA and Zambia)... none from the UK!

I really don't see what relevance this has to the scene in the UK :D

Also the method seems quite flawed to me, for example the Canadian participants were chosen from "one of the most economically destitute regions in North America" and the German participants from "a drop-in shelter for drug addicted women"... both are likely to self select the most vulnerable women involved in prostitution and not be representative of prostitution as a whole in the respective countries.

More lies from the Government then.

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: Also the method seems quite flawed to me, for example the Canadian participants were chosen from "one of the most economically destitute regions in North America" and the German participants from "a drop-in shelter for drug addicted women"... both are likely to self select the most vulnerable women involved in prostitution and not be representative of prostitution as a whole in the respective countries.

Quite. This is like doing a study of marriage from the sole vantage of a battered wives' refuge or of rugby from a spinal injuries unit. The results are sure to be biased.

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Quite. This is like doing a study of marriage from the sole vantage of a battered wives' refuge or of rugby from a spinal injuries unit. The results are sure to be biased.

I looked at the Eaves project submission to the Scottish parliament, and wrote a repsponse to it. The eaves project used all the usual inflated figures and qoted references to them. The usual sources could be traced back as eacjh paper refeered to a previous paper. Tracking back it was apparent all were based on street work, in this country or America, or Canada.

Is there anyone here willing to participate in a project to create a database of all research crossreferencing it in a Wiki. Kind of means anyone can go in and update it adding information they find and it will all magically be crossreferenced. I am just sounding out on this at the moment.

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Women and men involved in prostitution

7. Both national and international studies indicate that for many women, men and children involved in prostitution the experience is one that involves physical, mental and sexual violence. This can cause trauma and significant, long-lasting physical and emotional harm. Research carried out on the harm caused by prostitution to women involved in it found that:

* 71% of women interviewed had experienced physical assault;

* 63% had experienced rape; and

* 68% met the criteria for post-traumatic stress disorder.[2]

8. Analysis of routes into prostitution identified that:

- Certain vulnerable groups of girls and women were more likely to become involved in prostitution, particularly those who had suffered physical or sexual violence or neglect.

- This group were further marginalised by experiences which included running away from abusive situations, being in local authority care, being involved in crime, drug addiction and being excluded from education.

- These girls and women were then 'facilitated' into prostitution as a result of grooming by pimps or other procurers[3].

Reads like a job description for street girls.

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That link provided by Coinz is an old research done mainly by Melissa Farley.. I translated a breakdown on it a couple of years ago..

All done with handpicked samples.

In Zambia for example, she picked prostituted women who had all witnessed murders to somebody close to them, this little detail was never mentioned in the report as regards to the PTSD theory (as it was more than likely the witnessing of the killings causing this than being a prostitute)

In Germany she went to the drug addict help centres where of course it was found that the prostitutes were addicted to drugs :eek:

She tended to go to help centres/hospitals generally for her research, as they were seeking help, she would find the most vulnerable cases.

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That link provided by Coinz is an old research done mainly by Melissa Farley.. I translated a breakdown on it a couple of years ago..

All done with handpicked samples.

In Zambia for example, she picked prostituted women who had all witnessed murders to somebody close to them, this little detail was never mentioned in the report as regards to the PTSD theory (as it was more than likely the witnessing of the killings causing this than being a prostitute)

In Germany she went to the drug addict help centres where of course it was found that the prostitutes were addicted to drugs :eek:

She tended to go to help centres/hospitals generally for her research, as they were seeking help, she would find the most vulnerable cases.

Pia the PTSD, I new it was a fake, but I could not remember where I had seen it. The response Eaves gave to the Scottish Parliament had also those type of figures, and every one I could track back to street prostitution or some other nonsensical study. The PTSD I could not (It was form MF), so in my response to their evidence I gave to the Scottish parliament I was unable to contradict that one.

Partly why I am trying to put together a xref of their exaggerations, and link it back to the studies for critique. Hopefully it will become more accessible resouce than threads on various forums. When I have the format, I am going to ask for people to contribute.

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Pia the PTSD, I new it was a fake, but I could not remember where I had seen it. The response Eaves gave to the Scottish Parliament had also those type of figures, and every one I could track back to street prostitution or some other nonsensical study. The PTSD I could not (It was form MF), so in my response to their evidence I gave to the Scottish parliament I was unable to contradict that one.

Partly why I am trying to put together a xref of their exaggerations, and link it back to the studies for critique. Hopefully it will become more accessible resouce than threads on various forums. When I have the format, I am going to ask for people to contribute.

Found the original link which relates to a Danish article dissecting the report from Melissa Farley:

http://www.punternet.com/forum/showthread.php?t=7468&highlight=PTSD&page=2

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Partly why I am trying to put together a xref of their exaggerations, and link it back to the studies for critique. Hopefully it will become more accessible resouce than threads on various forums. When I have the format, I am going to ask for people to contribute.

Elrond, I think this sounds like a very useful peace of work. I think we all get so frustrated at the stats that keep coming up, it would be very satisfying to have a place to go back to to show the distortion/exaggeration and downright dishonesty that has been going on.

And without having to admit you frequent punting forums!

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I looked at the Eaves project submission to the Scottish parliament, and wrote a repsponse to it. The eaves project used all the usual inflated figures and qoted references to them. The usual sources could be traced back as eacjh paper refeered to a previous paper. Tracking back it was apparent all were based on street work, in this country or America, or Canada.

Is there anyone here willing to participate in a project to create a database of all research crossreferencing it in a Wiki. Kind of means anyone can go in and update it adding information they find and it will all magically be crossreferenced. I am just sounding out on this at the moment.

That does sound like a good idea and I'd be happy to help.

I had a look at the next sentence from the link in the OP and it is equally inaccurate and misleading:

9. Three-quarters of those involved in prostitution in Britain entered prostitution before their 18th birthday.

This comes from page 16 of a home office consultation called paying the price, which even more randomly is originally from a small scale study into male prostitution! This is the relevant section from paying the price:

There are far fewer research studies into male prostitution. However, a recent small-scale study in Scotland found that in a group aged between 17 and 48, the average age of first involvement in prostitution was 15. As with women, the men reported that drug treatment was the key to exiting.

The source for this is listed as Connell & Hart (2003). This is a study based on only 27 male sex workers, the majority of which were "rentboys" (street prostitutes) and most were recruited to the study by outreach workers.

They even have references to various other studies on the average age of entering prostitution and all of them found a lower percentage, although even these seem to be based on street prostitution e.g. Hester & Westmarland (2004). It's clear that they have picked this out of a list of equally flawed studies because it happens to have the highest headline number.

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