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Smith accused over prostitute law Smith accused over prostitute law
(about 1 hour later)
Home Secretary Jacqui Smith has been accused of back-tracking on a pledge to protect women forced into prostitution. Home Secretary Jacqui Smith has been accused of back-tracking on a pledge to criminalise men who pay for sex with women forced into prostitution.
The criticism follows the government's decision to modify new legislation aimed at protecting those who are the victims of traffickers and pimps. The criticism follows the government's decision to modify new legislation aimed at protecting those who are the victims of pimps and traffickers.
The change relates to wording in a clause covering who would be protected by creating an offence of "purchase or attempted purchase of sexual services". The wording defining which women would be covered by the law has been changed.
Women's charity Eaves said the effect would be to dilute the legislation. Women's charity Eaves said the law had been diluted, but the Home Office said it still aimed to deter men.
The legislation is receiving its third and final consideration at the House of Commons later. "We want to send a clear message to force sex buyers to think twice before paying for sex," the Home Office said in a statement.
The legislation is due to receive its third and final consideration by the House of Commons later.
Clause 13 of the Policing and Crime Bill was originally drafted to create an offence of the purchase, or attempted purchase, of sexual services from anyone "controlled for gain by a third party".Clause 13 of the Policing and Crime Bill was originally drafted to create an offence of the purchase, or attempted purchase, of sexual services from anyone "controlled for gain by a third party".
'Extremely disappointed''Extremely disappointed'
However, the home secretary now proposes to replace "controlled for gain" with "subjected to force, deception or threats".However, the home secretary now proposes to replace "controlled for gain" with "subjected to force, deception or threats".
BBC home affairs correspondent June Kelly said that when the bill was created six months ago, Ms Smith said she wanted to shift the focus onto men who paid for sex and who were creating the demand for prostitution. Critics had warned the law would be difficult to enforce and could unnecessarily take income away from women who sell sex voluntarily.
The 'controlled for gain' clause was so wide that it could have been used against anyone working with another person - even someone working with a another prostitute for safety Nicky Adam, English Collective of Prostitutes But Eaves said the new wording was too narrow, and is calling for criminalisation of all forms of demand.
Eaves said the new wording was too narrow, and is calling for criminalisation of all forms of demand. The amendment... doesn't cover the exploitation of vulnerability which commonly occurs in cases of grooming of women and girls into prostitution Helen Atkins, Eaves
It said by making the change, Ms Smith's amendment would be likely to deny justice to British women in particular, to whom trafficking legislation does not typically apply. It said that by making the change, Ms Smith's amendment would be likely to deny justice to British women in particular, to whom trafficking legislation does not usually apply.
Eaves runs the Ministry of Justice-funded Poppy Project, which provides accommodation and support to women trafficked into the UK for the purposes of sexual exploitation.Eaves runs the Ministry of Justice-funded Poppy Project, which provides accommodation and support to women trafficked into the UK for the purposes of sexual exploitation.
Director of services Frances Brodrick said: "In effect, this amendment reverses the significant progress made towards appropriate legislation over the past 18 months. It warned the new wording might remove protection from those who are psychologically pressurised into selling sexual services.
"If anything, we should be following the Nordic model - which recognises the gross human rights violations suffered by many women in prostitution, and takes action accordingly by criminalising all forms of demand - rather than further diluting what was already a comparatively timid legislative step. Spokeswoman Helen Atkins told BBC Radio 4's Today programme: "The revised amendment narrows the offence so it is arguably narrower than the international trafficking definition which requires 'force, fraud or coercion'.
"We are extremely disappointed by this backwards move." "The amendment the Home Secretary has put forward doesn't cover the exploitation of vulnerability which commonly occurs in cases of grooming of women and girls into prostitution and the psychological control that often comes with it," she said.
The charity said it wanted similar wording as given in the Forced Marriage Act of 2007, which requires coercion by threats or other psychological means.
"This would capture the more insidious methods used to control women," she said.
The charity's director of services, Frances Brodrick, said it was "extremely disappointed by this backwards move".
Two other groups - Rights of Women and the Christian charity CARE - also said psychological manipulation should be taken into account.
Broad termsBroad terms
However, Nicky Adam, of the English Collective of Prostitutes, thinks the proposed changes are an improvement. However, Nicky Adam, of the English Collective of Prostitutes, said the proposed changes were an improvement.
She said: "The change is an acknowledgement that there's a difference between prostitution and violence." She said: "The change is an acknowledgement that there is a difference between prostitution and violence."
But she also said the ECP believes the whole clause should be abolished, because there are existing laws that would deal with situations where a woman was subjected to violence or coercion. We have responded to the concerns raised by Parliament... [the amendment] still aims to deter sex buyers from paying for sex with those who have been trafficked or otherwise forced or coerced Home Office
But she also said the ECP believed the whole clause should be abolished, because there were existing laws to deal with situations where a woman was subjected to violence or coercion.
"The 'controlled for gain' clause was so wide that it could have been used against anyone working with another person - even someone working with a another prostitute for safety," she added."The 'controlled for gain' clause was so wide that it could have been used against anyone working with another person - even someone working with a another prostitute for safety," she added.
"It would have been used to criminalise women working independently and collectively, forcing women to work on their own, thus making them much more vulnerable to attack.""It would have been used to criminalise women working independently and collectively, forcing women to work on their own, thus making them much more vulnerable to attack."
The Home Office insisted the government was committed to shifting the focus on to the sex buyer, "the person responsible for creating the demand for prostitution markets which in turn creates demand for the vile trade of women being trafficked for sexual exploitation".
"As is right, we have responded to the concerns raised by Parliament that the term 'controlled for gain' could apply in circumstances much wider than those intended to be covered by the offence.
"The amendment would make it an offence to pay for sex with someone who provides sexual services having been subject to 'force, deception or threats of a kind likely to induce or encourage' the provision of those services.
"[It] still aims to deter sex buyers from paying for sex with those who have been trafficked or otherwise forced or coerced to provide sexual services."