Sexual Offences Act 1985 Explained

Short Title:Sexual Offences Act 1985
Parliament:Parliament of the United Kingdom
Long Title:An Act to make, as respects England and Wales, provision for penalising in certain circumstances the soliciting of women for sexual purposes by men, and to increase the penalties under the Sexual Offences Act 1956 for certain offences against women.
Statute Book Chapter:1956 c. 44
Territorial Extent:England and Wales
Royal Assent:16 July 1985
Commencement:16 September 1985
Repeal Date:1 April 2010[1]
Repealing Legislation:The Policing and Crime Act 2009, Sch.8, Pt.2
Status:Repealed
Original Text:http://www.legislation.gov.uk/ukpga/1985/44/enacted

The Sexual Offences Act 1985 (c.44) was an Act of the Parliament of the United Kingdom that created two offences concerning prostitution, and increased the maximum sentence for attempted rape from seven years to life imprisonment. The act was applicable in England and Wales only.

The new offences were kerb crawling and persistently soliciting women for the purposes of prostitution. In 1991 the Director of Public Prosecutions and head of the Crown Prosecution Service, Sir Allan Green KCB QC, was arrested for an offence under this Act and had to resign.[2]

Sections 3, 4(2) and (3), and 5(2) were repealed by Schedule 7 to the Sexual Offences Act 2003.

The whole Act was repealed by the Policing and Crime Act 2009.[3]

Provisions

S1 Kerb-crawling[4]
  • (1) A man commits an offence if he solicits a woman (or different women) for the purpose of prostitution—
  • (a) from a motor vehicle while it is in a street or public place; or
  • b) in a street or public place while in the immediate vicinity of a motor vehicle that he has just got out of or off,persistently or, subject to section 5(6) below, in such manner or in such circumstances as to be likely to cause annoyance to the woman (or any of the women) solicited, or nuisance to other persons in the neighbourhood.
    S2 Persistent soliciting of women for the purpose of prostitution
  • (1) A man commits an offence if in a street or public place he persistently solicits a woman (or different women) for the purpose of prostitution.
    S3 Penalties for certain sexual offences[5]
  • (1) Schedule 2 to the [1956 c. 69.] Sexual Offences Act 1956 (which shows the penalties which may be imposed for offences under that Act and attempts to commit certain of those offences) shall be amended as follows.
  • (2) In paragraph 1(b) (attempted rape), in the third column, for " Seven years " there shall be substituted " Life ".
  • (3) In paragraph 17 (indecent assault on a woman), in the third column, for " If on a girl under thirteen who is stated to have been so in the indictment, five years; otherwise two years " there shall be substituted " Ten years ".

    See also

    Notes and References

    1. The Policing and Crime Act 2009 (Commencement No. 4) Order 2010 (S.I. 2010/507 (C. 37)), article 5
    2. Web site: CPS names new boss . news.bbc.co.uk . BBC News . 4 May 2019 . 22 October 1998.
    3. Policing and Crime Act 2009 Web site: Schedule 8, Part 2 . www.legislation.gov.uk . 4 May 2019.
    4. Sexual Offences Act 1985 Web site: Soliciting of women by men . www.legislation.gov.uk . 4 May 2019 . en. This article contains quotations from this source, which is available under the Open Government Licence v3.0. © Crown copyright.
    5. Sexual Offences Act 1985 Web site: Increase of penalties . www.legislation.gov.uk . 4 May 2019 . en. This article contains quotations from this source, which is available under the Open Government Licence v3.0. © Crown copyright.