Source · Select Committees · Home Affairs Committee
Recommendation 12
12
Acknowledged
Paragraph: 63
Insufficient enforcement of Sexual Offences Act fails to deter those who buy sex.
Conclusion
Enforcement of the current provisions of Section 53A of the Sexual Offences Act 2003 is insufficient to deter those who buy sex.
Government Response Summary
The government acknowledges the committee's observation by explaining the nature of Section 53A and stating that police prioritize investigating more serious modern slavery crimes due to higher penalties, justifying current enforcement practices.
Paragraph Reference:
63
Government Response
Acknowledged
HM Government
Acknowledged
26. Section 53A of the Sexual Offences Act 2003 is a strict liability offence. That means, for the police to charge a case they need evidence that the suspect had paid for sexual services from an individual, and that that individual was subjected to force or control by another. They do not, however, need to prove criminal intent. The penalty for a Section 53A offence is a fine not exceeding level 3 on the standard scale (up to £1,000). Yet in gathering the evidence to charge a Section 53A offence, for example, evidence that an individual providing sexual services is subjected to force, the police will prioritise their efforts to investigate the more serious crime of modern slavery or causing or inciting prostitution for gain. The penalty for modern slavery is up to life imprisonment and up to 7 years for causing or inciting prostitution for gain. Whilst that does not mean the police should not bring charges under Section 53A, it is right that the police are able to prioritise their activity to target high harm crimes and ensure victims are protected.