"Common prostitute" is a term used in
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
related to
prostitution
Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, no ...
. The term was first used in the
Vagrancy Act 1824
The Vagrancy Act 1824 ( 5 Geo. 4. c. 83) is an act of the Parliament of the United Kingdom that makes it an offence to sleep rough or beg in England and Wales. The legislation was passed in Georgian England to combat the increasing number o ...
. The term continued to be used in the
Street Offences Act 1959
The Street Offences Act 1959 ( 7 & 8 Eliz. 2. c. 57) is an Act of the Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and ma ...
which maintained the illegality of
street prostitution
Street prostitution is a form of prostitution in which a prostitute solicitation, solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as ...
. Section 1 stated: "It shall be an offence for a common prostitute to
loiter or
solicit in a street or public place for the purpose of prostitution."
The case of ''Director of Public Prosecutions v Bull''
994158 J.P. 1005 determined that the term could only be applied to female, and not male, prostitutes.
The term was widely regarded as archaic, stigmatising, and offensive, and a number of failed attempts had been made since the 1920s to enact new legislation which would replace the wording with a solicitation law that applied to both sexes equally, and did not create an offence that could only be committed by a special class of person.
In 2007 the government announced that it would introduce new legislation which would eliminate the use of the term, and replace it with new language which would apply equally to males and females
Section 16of the
Policing and Crime Act 2009
The Policing and Crime Act 2009 (c. 26) is an Acts of Parliament in the United Kingdom, act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other p ...
amended s.1(1) of the Street Offences Act 1959 to replace the term "common prostitute" with "person".
The Policing and Crime Act 2009 also introduced tough new measures aimed at men seeking women for the purpose of prostitution. In particular the act makes it an offence for someone to pay or promise to pay a prostitute who has been subject to ‘exploitive conduct’.
Prostitution loitering paying or soliciting a prostitute subjected to force
The change made the customer an equal offender with the street prostitute.
See also
* Prostitution in the United Kingdom
In Great Britain (England, Wales and Scotland), the act of engaging in prostitution or exchanging various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning ...
* Prostitute's caution
* Street prostitute
References
External links
*
*
* {{cite web
, url = https://www.theguardian.com/crime/article/0,,2112250,00.html
, title = Justice reforms focus on prostitution and jail numbers
, author = Alan Travis
, date = 2007-06-27
, work = The Guardian
, accessdate = 2007-11-25
, ref=none
Prostitution
Prostitution in the United Kingdom