Sex work and the law

In most circumstances Sex Work isn’t illegal, however there are ways of getting into trouble with the police if you’re not careful. The law around sexual offences has recently changed and prostitution laws are being reviewed. It is important to be up to date with what is and is not legal. It is NOT illegal to be a Sex Worker who works alone, in private, or to advertise your services on the internet.

Indoor work is harder to police than street work. Police involvement is more likely where there are under-age or illegal immigrant workers, drug dealing, money laundering, violence or exotic services(S&M.bondage etc). However it is important to remember that thereare some situations where selling sex is still illegal

  • It is an offence to have sex in public toilets
  • Soliciting - It is illegal to 'loiter or solicit in a street or public placefor the purposes of prostitution'. The police have to warn you three times before they can arrest you for this It is NOT illegal to work for an Escort Agency. The agency commits the offence of 'controlling prostition for gain' .
  • Once two or more people work in the same place, it's classed as a 'brothel'. It's NOT illegal to work in a brothel, but the owners and managers are liable to up to 7 years in jail
  • It is illegal to pay a 16 or 17 year old for what would otherwise be legal sex, but it's not illegal for U18s to sell sex
  • It is illegal to control someone else’s sex work if they're U18 or if you gain from it (or you know someone else does). Gain alone is fine
  • It is an offence for a landlord or occupier/tenant to let any part of his/her premises knowing that it may be used as a ‘brothel’
  • Forced oral or anal sex is illegal. This is classified as rape
  • ‘Assault by penetration’ covers forced insertion of anything other than a penis (dildo etc)
  • It is NOT illegal to advertise sexual services (except near public phones) provided adverts are not obscene, or to publish ads
  • Group sex is no longer illegal
  • Buggery (anal sex) is not illegal
  • Gross indecency applied to male-on-male sexual acts no longer applies

Police raids

Police will usually have a warrant to search your premises, but they can search without one in many situations, for example if you give your consent, or if they want to arrest someone or have the occupier in custody.

If you are arrested

  • You have the right to know why you are being arrested and whatthe allegations against you are
  • You have the right to remain silent
  • You have the right to consult privately with a solicitor freeof charge
  • Always ask for a lawyer. There is no such thing as an off therecord chat with a police officer
  • You can be kept in custody for a maximum of 36 hours before being charged or released

Social Security fraud

If you are claiming benefit at the same time as working, and have not declared it to the DSS, you may be guilty of fraud. If you have problems seek legal advice. Remember though that the police are there to help and protect you like anyone else and if you need them feel free to call them at any time.

Many thanks to SW5 for updated information.