NCJ Number
55074
Date Published
1976
Length
4 pages
Annotation
THE HOWARD LEAGUE FOR PENAL REFORM CRITICIZES THE RECOMMENDATIONS OF THE HOME OFFICE WORKING PARTY IN REGARD TO A LEGISLATIVE APPROACH TO STREET SOLICITATION BY PROSTITUTES.
Abstract
THIS STATEMENT TO THE PARLIAMENTARY PENAL REFORM GROUP BY THE HOWARD LEAGUE FOR PENAL REFORM IN REFERENCE TO THE REPORT OF THE WORKING PARTY ON VAGRANCY AND STREET OFFENCES, 1976, RECOMMENDS: (1) RETENTION OF THE OFFENCE OF LOITERING OR SOLICITING IN PUBLIC FOR PROSTITUTION, AND THE DESIGNATION 'COMMON PROSTITUTE:' (2) RETENTION OF THE NONSTATUTORY CAUTIONING SYSTEM; (3) INCREASED MAXIMUM FINES, AND RETENTION OF A MAXIMUM PENALTY OF 3 MONTHS IMPRISONMENT; (4) INTRODUCTION OF A NEW OFFENCE OF 'KERB-CRAWLING' ON THE PART OF MEN, I.E., PERSISTENTLY ACCOSTING A WOMAN FOR SEXUAL PURPOSES IN PUBLIC LIKELY TO CAUSE ANNOYANCE TO OTHERS, ALSO WITH IMPRISONMENT AS THE MAXIMUM PENALTY; (5) RETENTION OF THE OFFENCE OF HOMOSEXUAL SOLICITING BY MEN, WITH REDUCED MAXIMUM PENALTIES (STILL, HOWEVER, INCLUDING IMPRISONMENT); AND (6) ABOLITION OF TWO ANCIENT ENACTMENTS. THE HOWARD LEAGUE ARGUES THAT GIVEN THE LEGALITY OF PROSTITUTION IN ENGLAND, AN INVITATION TO DO SOMETHING LEGAL SHOULD NOT, IN ITSELF, BE ILLEGAL. TYPES OF SOLICITATION THAT ARE ANNOYING TO SOME MEMBERS OF THE PUBLIC SHOULD BE CURTAILED, BUT ONLY AFTER A SPECIFIC COMPLAINT AND PROOF OF THE CHARGE. A NONSTATUTORY CAUTIONING SYSTEM IS CONDEMNED AS PROVIDING OCCASION FOR SUBJECTIVE POLICE JUDGMENT AND POSSIBLE HARASSMENT, AND IMPRISONMENT OF PROSTITUTES IS BELIEVED FUTILE AS A MEANS OF REHABILITATION OR DETERRENCE. 'KERB-CRAWLING' SHOULD ONLY BE CHALLENGED UPON COMPLAINT AND PROOF OF ANNOYANCE, AND CONFISCATION OF DRIVER'S LICENSE WOULD BE MORE APPROPRIATE THAN IMPRISONMENT IN SUCH CASES. HOMOSEXUAL SOLICITATION SHOULD ALSO ONLY BE CHALLENGED UPON THE LODGING AND PROOF OF A COMPLAINT, AND SHOULD INCLUDE SOLICITATION BY WOMEN AS WELL AS MEN. IT IS AGREED THAT CERTAIN ANCIENT LAWS GOVERNING THE BENIGN BEHAVIOR OF PROSTITUTES IN PUBLIC SHOULD BE ABOLISHED. THE INATTENTION OF THE WORKING PARTY TO THE SOCIAL CONDITIONS SPAWNING PROSTITUTION IS CRITICIZED. REFERENCES ARE PROVIDED. (RCB)