New Clause 25 — Paying for sexual services of a prostitute known to be trafficked or coerced: England and Wales

Commission for the Compact – in the House of Commons at 9:00 pm on 19th May 2009.

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'After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

"53A Paying for sexual services of a prostitute known to be trafficked or coerced: England and Wales

(1) A person (A) commits an offence if—

(a) A makes or promises payment for, or uses, the sexual services of prostitute (B), and

(b) A knows, or ought to know,

(i) that B is the victim of trafficking.

(ii) that the sexual services have been provided through coercion of B,

(iii) that B has provided sexual services in order to gain access to controlled drugs, or

(iv) that a third party has influenced the activity of B by direction or instruction in circumstances where B does not freely consent to such direction or instruction.

(2) It is irrelevant where the sexual services have been or will be provided.

(3) In this section, 'trafficking' means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

(4) In this section, 'coercion of B' includes—

(a) violence against B or another person,

(b) threats against B or another person, or

(c) intimidation of B.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."'.— (Dr. Evan Harris.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided: Ayes 201, Noes 285.

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Question accordingly negatived.

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