Thursday, October 31, 2019
WOMEN AND LAW Oral presentation Essay Example | Topics and Well Written Essays - 2500 words
WOMEN AND LAW Oral presentation - Essay Example wever, section 1(1) of the Street Offences Act, 1959 (as amended by Sexual Offences Act 2003, section 56, schedule 1, paragraph 2) states that ââ¬Å"it shall be an offence for a common prostitute whether male or female to loiter or solicit in a street or public place for the purpose of prostitutionâ⬠. To understand whether Topazââ¬â¢s activities qualify as an offence under Section 1(1) of the Street Offences Act, 1959 it is first essential to analyse whether Topaz qualifies as a ââ¬Å"common prostituteâ⬠. The term ââ¬Å"common prostituteâ⬠has not been defined by statute though it has been part of statute law since 1824. The term ââ¬Å"commonâ⬠was criticised during the debates on the Street Offences Bill, which became the Street Offences Act 1959. The Criminal Law Revision Committee Working Paper on ââ¬Å"Offences relating to Prostitution and allied offencesâ⬠published in December 1982 stated, inter alia, ââ¬Å"the word ââ¬Ëcommonââ¬â¢ should be removed from the expression, ââ¬Ëcommon prostituteââ¬â¢Ã¢â¬ . In R. v. De Munck (1918) 82 J.P.160 CCA, the Court held that, ââ¬Å"the term ââ¬Ëcommon prostituteââ¬â¢ is not limited so as to mean only one who permits acts of lewdness with all and sundry, or with such as have her, when such acts are in the nature of ordinary sexual connection. We are of the opinion that prostitution is proved if it is shown that a woman offers her body commonly for lewdness for payment in return.â⬠The decision was cited with approval by the same court in R. v. Webb [1964] 1 QB 357 where the proprietor of a massage establishment was found guilty of procuring and attempting to procure masseuses to become common prostitutes. The court followed De Munck and dismissed a contention that the definition should be confined to cases where a woman takes a passive rather than an active role in the lewd activities. In R. v. Morris-Lowe [1985] 1 ALL.E.R. 400, the court held that a ââ¬Å"common prostitute was any woman who offered herself commonly for lewdness for reward. The
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