Women and the Law - Essay Example

Answer: Women and the Law Possible offences committed by Topaz Topaz may have committed the criminal offence of soliciting or loitering as penalized under Section 1 of the Street Offences Act 1959 (as amended by Sexual Offences Act 2003, section 56, schedule 1, paragraph 2) which provides that it is an an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution, thus: "1. Loitering or soliciting for purposes of prostitution. (1)It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. x x x (3)A constable may arrest without warrant anyone he finds in a street or public place and suspects, with reasonable cause, to be committing an offence under this section. (4)For the purposes of this section "street" includes any bridge, road, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways and entrances of premises abutting on a street (as hereinbefore defined), and any ground adjoining and open to a street, shall be treated as forming part of the street." Furthermore, Section 2 of the Street Offences Act 1959 provides that where a woman is cautioned by a constable, in respect of her conduct in a street or public place, that if she persists in such conduct it may result in her being charged with an offence under section one of the Act, the woman, within fourteen clear days afterwards, must apply to a magistrates' court for an order directing that there is to be no entry made in respect of that caution in any record maintained by the police of those so cautioned and that any such entry already made is to be expunged. The court will make the order unless satisfied that on the occasion when she was cautioned she was loitering or soliciting in a street or public place for the purpose of prostitution. Such application made by a woman shall be by way of complaint against the chief officer of police for the area in which the woman is cautioned or against such officer of police as he may designate for the purpose in relation to that area or any part of it. On the hearing of such complaint, the procedure shall be the same as if it were a complaint by the police officer against the woman. But unless the woman desires that the proceedings shall be conducted in public, an application will be heard and determined in camera. In the case of DPP v Bull,1 the trial court ruled that a male prostitute cannot be a common prostitute within the meaning of the Street Offences Act 1959 s. 1(1). Defendant was charged with being a common prostitute under the Street Offences Act 1959 s. 1(1). The magistrates' court dismissed the information against him on the ground that there was no case to answer since the section applied only to female prostitutes. The matter was appealed by way of case stated, contending that the language of the statute was not gender specific. On appeal, it was held that a male prostitute cannot be a common prostitute within the meaning of s. 1(1) which makes it an offence for a common prostitute to loiter or solicit in a street or public place for the purposes of prostitution since that section applies only to female prostitutes: R. v De Munck (Augusta) [1918] 1 K.B. 635 CCA. Thus, Topaz' conduct in operating as a prostitute on the corner of Boulsdon Street may expose her to a possible charge of soliciting or loitering for purposes of prostitution. It is noteworthy that landlady Rose may be prosecuted for brothel keeping and exploitation of prostitution. Under sections 33 of the Sexual Offences Act 1956 and 33A (as inserted by the Sexual Offences Act 2003) it is an offence to keep a brothel. "Keeping" includes managing or assisting in the management of the brothel. Also, the Sexual Offences Act 2003 makes it an offence for anyone to cause or incite a person to become a prostitute in any part of the world (section 52). Further, it is an offence to control a prostitute for financial gain (section 53). Both offences have a maximum penalty of 7 years imprisonment. The Act also deals with trafficking for sexual exploitation inside or outside the UK (sections 57-59). Routes into prostitution (From Paying the Price: 2004) There are different ways in which a woman could get involved into prostitution. First is through child abuse either at home or at school such as peer pressure and pressure from relatives, among others. Children will always be affected if they witness domestic violence or grow up in a household where there is domestic violence, even if they do not actually suffer direct abuse from the perpetrator. There is likely to be an immediate impact on their behaviour, health and educational performance in ways visible in school. Young people abused through prostitution, or at risk of abuse through prostitution, often do not take part effectively in education, training or employment. It is found that 75% of children abused through prostitution had been missing from school. Running away puts children and young people at risk and increases their vulnerability to sexual exploitation. It affects 1 in 9 young people under the age of 16. Each year it is estimated that 100,000 young people run away from home or care. Also, a good deal of evidence shows that children's homes are regularly targeted by those looking to coerce young people into prostitution. The vulnerability of those in the care system is well recognised by predatory men. Furthermore, research studies demonstrate a high level of homelessness among children abused through prostitution. The apparent lack of life choices that makes young people vulnerable to abuse through prostitution can make them equally vulnerable to drug misuse. Those who coerce young people into prostitution often use drugs to reinforce their dependence upon them. Moreover, while the links between prostitution and drugs are increasingly well recognised, the risk from alcohol abuse is sometimes overlooked. Every young woman who took part in a recent research project on abuse through prostitution reported serious problems with binge drinking, and a number reported repeated hospitalisation for alcohol related injuries. Finally, a high percentage of adults first became involved in prostitution at an early age. And for those who became involved as adults, the route in is markedly similar. Vulnerability is the key - although for adults economic vulnerability is likely to play as significant a part as emotional vulnerability. This is particularly the case for those involved in off-street prostitution where research has found that 74% cited the need to pay household expenses and support their children as the prime motivating factor. Protection/support for children abused through prostitution (From Paying the Price: 2004) In response to different problems that drive a woman into prostitution, several programs and areas which are adopted to protect and support children who are abused into prostitution such as making contact with children coerced into prostitution, child protection arrangements, building trust with children, drug treatment, health care services, emotional support for individuals, and for their families, and lastly, education/training. Feminist issues surround prostitution There are numerous feminist issues that may surround the criminal offence of prostitution. First, the rule against previous convictions runs counter to the presumption that a person accused of an offense is innocent until proven otherwise. The law on prostitution also reflects the double standards against women. In terms of implementation, it is clear that law of prostitution is biased against women. An obvious example is the disproportionate number of women convicted for prostitution compared to convictions for male kerbcrawlers. In R v Webb [1964] 1 QB 357, it was held that acts such as masturbation of the client also amounted to offering her body commonly for lewdness. Thus, a woman maybe penalized even if she was just a mere passive participant in the transaction. Moreover, in R v McFarlane [1994] 2 All ER 283, where a man was charged with living on the earnings of prostitution, it was held that a male defendant did live with the woman, but they denied that she was a prostitute. However, in this case, there was no proof that a woman was a prostitute. The worse that the woman could be prosecuted for should just have been the employment of deceits. But the court went in to describe the morality of the woman as a prostitute. Finally, in the implementation, the women prostitutes are more subjected to abuse than their male counterpartrs such as "racist police behaviour, false arrests, insults, threats and violence, double standards and demands for free sexual services or for information on other women or clients as a condition of not being arrested". The law on prostitution reinforces the use of women as sex objects objectifying women into a traditional role. Conclusion Given the history and motivations behind anti-prostitution policy, society should be highly skeptical of politicians and scholars who insist that the criminalization of prostitution protects women, or even promotes feminist goals. A second and closely related point is that feminists may need to reconceptualize prostitution. However valuable "pure" theory may be, prostitution and prostitutes cannot be analyzed in the abstract; rather, specific manifestations, motivations, and circumstances must be considered. Considered ahistorically, prostitution may be viewed as an institution that promotes women's sexual subordination to men.2 However, considered in light of its history, I feel that prostitution is often better viewed as an instance of resistance to rigid gender norms. Although numbers are small, the figures show that there has been a steady decline in the numbers of both cautions and convictions for offences relating to procuring, soliciting and brothel keeping. This is considered to be indicative of changes in policing practice as opposed to a fall in the level of criminality in the area. The figures in relation to kerb-crawling offences show a different pattern, remaining relatively constant during the early 1990s and increasing in 2001 and 2002, following the introduction of a power of arrest in 2001.3 Even with the declining figures, there should be additional protection to women along with environmental measures and support services for those involved in prostitution. Local partnerships need to ensure that enforcement action is taken to protect communities from the nuisance associated with prostitution, and to support and help local communities facing other associated problems. This means using the law rigorously to clamp down on unacceptable behaviour and criminality while providing effective intervention and support to those families and individuals to change their behaviour. The police have a range of measures to deal with activities associated with street-based prostitution. These include the offence of kerb crawling, the offence of loitering or soliciting and a range of civil measures, including the Anti Social Behaviour Order. Only a concerted, pragmatic and holistic approach could truly protect women involved in prostitution. Briefing Paper: Women and the Law Introduction The briefing paper will address what possible offences which Topaz may have committed. It will also discuss any feminist issues surrounding these possible offences. Possible offences by Topaz Soliciting or loitering for purposes of prostitution under Section 1 of the Street Offences Act 1959 (as amended by Sexual Offences Act 2003, section 56, schedule 1 (2)). Current law on soliciting or loitering Section 1, Street Offences Act 1959 (as amended by Sexual Offences Act 2003, section 56, schedule 1, paragraph 2) -an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. Section 2, Street Offences Act 1959 - 'where a woman is cautioned by a constable, in respect of her conduct in a street or public place, that if she persists in such conduct it may result in her being charged with an offence under section one of the Act. Cases on soliciting or loitering and prostitution DPP v Bull4 - the trial court ruled that a male prostitute cannot be a common prostitute within the meaning of the Street Offences Act 1959 s. 1(1). R. v De Munck (Augusta) [1918] 1 K.B. 635 CCA. - loitering or soliciting provision applies only to female prostitutes and not to males. A "common prostitute" does not just mean someone who permits sexual intercourse, but also a woman who offers her body commonly for lewdness in return for payment. R v Webb [1964] 1 QB 357 held that acts such as masturbation of the client also amounted to offering her body commonly for lewdness. R v McFarlane [1994] 2 All ER 283 - a man was charged with living on the earnings of prostitution. The defendant did live with the woman, but they denied that she was a prostitute. It is noteworthy that landlady Rose may be prosecuted for brothel keeping and exploitation of prostitution. Under sections 33 of the Sexual Offences Act 1956 and 33A (as inserted by the Sexual Offences Act 2003) it is an offence to keep a brothel. "Keeping" includes managing or assisting in the management of the brothel. Also, the Sexual Offences Act 2003 makes it an offence for anyone to cause or incite a person to become a prostitute in any part of the world (section 52). Further, it is an offence to control a prostitute for financial gain (section 53). Both offences have a maximum penalty of 7 years imprisonment. The Act also deals with trafficking for sexual exploitation inside or outside the UK (sections 57-59). Routes into prostitution (from Paying the Price) Child abuse at home/school- peer pressure, pressure from relatives The internet - used increasingly by abusing adults to groom young people and to offer the latter for sale via chat rooms and bulletin boards Truancy or exclusion, and poor educational attainment Truancy or poor educational attainment Unaccompanied children arriving in the UK Experience of living in care Homelessness Problematic drug use Alcohol abuse Debt Protection and support for children abused through prostitution (from Paying the Price) Making contact with children coerced into prostitution Child protection arrangements Build trust with children Drug treatment Health care services Emotional support for individuals, and for their families Education/training Feminist issues surround loitering and solicitation for purposes of prostitution Presumption of innocence - The rule against previous convictions runs counter to the presumption that a person accused of an offense is innocent until proven otherwise. Double standards - The law on prostitution also reflects the double standards against women - Barry (The prostitution of sexuality). Implementation of the law on prostitution biased against women - Disproportionate number of women convicted for prostitution compared to convictions for male kerbcrawlers: McLeod, Women working: Prostitution Now, Croomhealm, 1982. Reasons for less conviction for men - Policemen unwilling to prosecute men since policemen considered the practice of men using a prostitute acceptable: Edwards, 'Rethinking Prostitution.' Secondly, the law seeks to control women's bodies and encourage them to stay within the family as wives and mothers (Carol Smart, Law, crime and sexuality: Essays in feminism, Sage, 1995). Thirdly, women usually blamed for the crime (Matthews, Kerb-Crawling, Prostitution and Multi-Agency Policing Police research group: crime prevention unit series, Paper 43, 1993). Fourth, woman and her body is subjected to patriarchal bias from the magistrates who see women in traditional roles. (Carol Smart, Law, crime and sexuality) Fifth, the law exposed prostitutes to an environment of violence. (Hubbard, 'Red-light districts and Toleration Zones: geographies of female prostitution in England and Wales' (1997) 29(2) Area 129). Finally, women prostitutes are more subjected to abuse than their male counterparts such as "racist police behaviour, false arrests, insults, threats and violence, double standards and demands for free sexual services or for information on other women or clients as a condition of not being arrested". Law reinforces the use of women as sex objects - The law objectifies women into a traditional role in the form of male domination.5 Conclusion Given the history and motivations behind anti-prostitution policy, society should be highly skeptical of politicians and scholars who insist that the criminalization of prostitution protects women, or even promotes feminist goals.6 Bibliography [1995] Q.B. 88, [1994] 4 All E.R. 411, [1995] Alexander, P. Prostitution: A Difficult Issue for Feminists, in Sex Work: Writings by Women in the Sex Industry 184, 189 (Frederique Delacoste & Priscilla Alexander eds., 1987) Andrea Dworkin, Intercourse (1987). Bergman, B. AIDS, Prostitution, and the Use of Historical Stereotypes to Legislate Sexuality, 21 J. Marshall L. Rev. 777 Cooper, B. Prostitution: A Feminist Analysis, 11 Women's Rts. L. Rep. 99, 100 (1989) Decker, J. Prostitution: Regulation and Control 106 - 07 (1979)) Flowers, R. Women and Criminality: The Woman as Victim, Offender, and Practitioner 126 (1987) Hampton, L. Hookers with AIDS -- The Search, in AIDS: The Women 157, 162 (Ines Rieder & Patricia Ruppelt eds., 1988) Home Office, Paying the Price: a consultation paper on prostitution, July 2004 Human Rights: "Simple Human Respect," in A Vindication of the Rights of Whores 52, 59 (Gail Pheterson ed., 1989) Kathleen Daly, The Social Control of Sexuality: A Case Study of the Criminalization of Prostitution in the Progressive Era, 9 Res. L. Deviance & Soc. Control 171, 174 (1988) National Task Force on Prostitution, Summary of Data on Prostitutes and AIDS (Aug. 1987)) Pateman, C. The Sexual Contract 196 (1988) Rhode, D. Justice and Gender: Sex Discrimination and the Law 261 (1989) R. v De Munck (Augusta) [1918] 1 K.B. 635 CCA West, R. U.S. PROStitutes Collective in Sex Work 279 Read More