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Sexual Offences Act 2003

Commentary on Sections

Part 1: Sexual Offences

Section 54: Sections 52 and 53: interpretation

101.Section 54 provides definitions for the terms “gain”, “prostitute” and “prostitution” as used in sections 52 and 53. Subsection (1) defines “gain” as any financial advantage, including the discharge of a debt or obligation to pay, or the provision of goods or services (including sexual services) for free, or at a discount. The reference to “sexual services” would cover someone who controls the activities of a number of women in prostitution, where the gain he derives from them is their engaging in sexual intercourse with him. It also covers the goodwill of any person likely to bring such a financial advantage. So in relation to the offence at section 52, for example, this would cover A inciting B to work as a prostitute for C, where A expects this will lead to C providing him (A) with cheap drugs at a later date. The definitions of "prostitute" and "prostitution" as used in sections 52 and 53 are those set out in section 51.

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