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Causing/inciting/controlling prostitution for gain

Sexual offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Sexual offences

Causing/inciting/controlling prostitution for gain

Sexual Offences Act 2003, ss.52–53

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • s.52: intentionally causes or incites another to become a prostitute in any part of the world. s.53: intentionally controls any of the activities of another relating to that other’s prostitution. Check the section.

Mens rea

  • Intention to cause/incite or to control, and doing so for or in the expectation of gain for himself or a third person.

Defences

Did not cause, incite or control · Not for or in the expectation of gain · Activity not prostitution as the Act uses the term

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 6 years’ custody.

View definitive guideline ↗

At the police station

CPS prostitution guidance says consider Modern Slavery Act charges first where the facts support them.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Sexual offences

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.