Source · Select Committees · Home Affairs Committee
Recommendation 13
13
Rejected
Paragraph: 64
Strengthen Section 53A of the Sexual Offences Act 2003 and increase conviction penalties.
Conclusion
Section 53A of the Sexual Offences Act 2003 should be strengthened and penalties upon conviction increased to ensure comparability with other sexual and trafficking offences and to increase the deterrent value.
Government Response Summary
The government implicitly rejects strengthening Section 53A or increasing penalties, explaining that police prioritise investigating more serious modern slavery crimes due to their higher penalties.
Paragraph Reference:
64
Government Response
Rejected
HM Government
Rejected
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.