John
Mann, the Labour MP for Bassetlaw has introduced a private members bill to
criminalise people for paying for sex from adults aged 18 to 20. It is
titled Sexual Offences (Amendment).
It was introduced to the House of Commons on 18th January 2012:
John Mann: I beg to move:
That leave be given to bring in a Bill to
amend the Sexual Offences Act 2003 to create an offence of
paying for sexual services of a person under the age of 21
years; and for connected purposes.
In talking about this subject, I shall turn
directly to the issue of drugs, on which I have frequently
spoken before in the House. It is a key issue in respect of the
problem the Bill addresses, and I think the Bill will have a
positive impact.
Legislation has many purposes, one of which
is to change people's behaviour. Many previous Governments have
passed far too much criminal justice legislation that attempts
to send messages and give signals to society. This Bill does not
attempt to do that; rather, it attempts to change behaviour,
which is a far more effective strategy.
There are three main ways in which
teenagers, both boys and girls, get drawn into prostitution; one
of them is trafficking. The Bill does not deal with that topic
in detail, but it has been well aired in this House in recent
times. As a result, there has been a flurry of legislation, but
it needs to be used far more effectively---both the Government
and the police must deliver.
This Bill's measures would not have a major
impact on trafficking, and they should not be considered as an
answer to that problem. Instead, they should be seen merely as a
minor assist. Trafficking is, however, one way in which
teenagers get cajoled into prostitution.
Abuse and drugs are far more significant
factors, however, especially with younger teenagers, and the
Bill will make a greater impact in dealing with them. Those two
factors---sometimes in combination---tend to lead to the
dysfunctional behaviour of 16, 17 and 18-year-olds entering the
world of prostitution. Sometimes that happens through coercion
and sometimes it happens through desperation, although an
element of both is often involved.
...
I am not here to make a moral speech
about prostitution...[BUT]... There is an important
debate to be held on the rights and wrongs of prostitution and
the laws that should have an impact on it, by my Bill does not
deal with that. My Bill does one thing: it raises the threshold
for the illegality of paying for sex. Of course there is a
threshold, which is currently 16. Where someone is under 16, the
huge consequences of the criminal law and imprisonment are
involved because of the age of consent. But the moment the
victim becomes older than 16 there are no punitive powers to
deal with the person who is paying. I wish to see this Bill
adopted by the Government at some stage solely and simply to
raise that threshold, because by raising the threshold one
raises the threshold. That may sound like a truism, but this
approach will change the behaviour of those choosing to pay. The
behavioural implication is there for those worried about
breaching the criminal law and risking 14 years in prison
because someone could be a minor of 15 and a half years old. On
that borderline, threshold behaviour changes, so I would like
Parliament to change that threshold to 21. In essence, that will
take all the teenage years out of the real threshold and will
change the behaviour of people who are paying. I am not making
moral judgments about what people do as adults.
My Bill seeks solely and simply to raise
that threshold. I think that raising the threshold will have a
huge impact because the age group involved---older
teenagers---must be given the space in which to turn around
their lives. Our current legislative framework makes them the
victims as, in reality, the powers available to the police, even
though they are often wisely and deliberately not used, are to
arrest and criminalise young people, which worsens their life
chances and their chances of turning around the situation.
Explicitly changing the threshold, as well
as changing the behaviour of those who are paying, will create
space to allow the various agencies to work and turn around the
situation for those 16, 17, 18 and 19-year-olds. That situation
can then be transformed, particularly for those who have a drug
dependency or who have suffered abuse. Such input, as they
develop into adults, will make a defining difference in many
cases. We have all seen the kinds of people who are the victims
in our constituencies; we all know that they can be anyone and
that they can be concentrated in areas where there are
particular problems. The correlation to major trauma, however,
and to abuse and the provision of the support and ability to
impact on those young kids---that is what those boys and girls
are---are wholly missing from the process.
I propose this Bill as a small contribution
that, for some of them, would have a significant impact. It
would raise the threshold for those who choose to pay and remove
a reasonable number of those teenagers from the industry,
creating space so the agencies who wish to work with them can do
so positively and allow them to turn around their lives.
Speaker: Question put and agreed to.
Ordered, That John Mann, Fiona Mactaggart,
Natascha Engel, Mrs Louise Ellman, Gavin Shuker and Siobhain
McDonagh present the Bill.
Bill read the First time; to be read a
Second time on Friday 30 March and to be printed (Bill 272).