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procurement


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Persuading or inviting a woman to have sexual intercourse. Prior to the enactment of the Sexual Offences Act 2003, the Sexual Offences Act 1956 provided the following offences: (1) ss 2 and 3—procuring a woman to have sexual intercourse with oneself or anyone else, anywhere in the world, by means of threats or false pretences; (2) s 9—procuring a severely mentally retarded woman (who is incapable of guarding herself against exploitation) to have sexual intercourse anywhere in the world; (3) s 22—procuring a woman to become a prostitute or to leave the UK with the intention that she should join or frequent a brothel; (4) s 23—procuring a girl under the age of 21 to have sexual intercourse with a third person anywhere in the world. The first two of these offences were repealed by the 2003 Act without replacement. Although rarely used, the failure to provide replacement offences has been the subject of criticism as the offences did allow for the prosecution of cases in which threats or deceptions falling short of that which is sufficient to vitiate consent (and, accordingly, not sufficient for the offence of rape) had been used to procure sexual intercourse. The offences contained within ss 30 to 41 of the 2003 Act replace and expand upon the offences relating to ‘defectives’ in the 1956 Act, including the s 9 ‘procurement’ offence'; ss 22 and 23 of the 1956 Act were replaced by s 52 of the 2003 Act (see causing or inciting or controlling prostitution).

(1) ss 2 and 3—procuring a woman to have sexual intercourse with oneself or anyone else, anywhere in the world, by means of threats or false pretences; (2) s 9—procuring a severely mentally retarded woman (who is incapable of guarding herself against exploitation) to have sexual intercourse anywhere in the world; (3) s 22—procuring a woman to become a prostitute or to leave the UK with the intention that she should join or frequent a brothel; (4) s 23—procuring a girl under the age of 21 to have sexual intercourse with a third person anywhere in the world.

Subjects: Law.


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