Prostitution

Table of Contents

Payment for sexual activity (2017 Act)

It is an offence where, in the context of prostitution, a person pays for a sexual act / activity with another person. It is also an offence to promise payment for sexual activity with a prostitute. The person offering sexual acts does not commit any offence under the provision.

A person who pays, gives, offers or promises to pay or give a person (including a prostitute) money or any other form of remuneration or consideration for the purpose of engaging in sexual activity with a prostitute is guilty of an offence and is liable on summary conviction—

in the case of a first offence, to a class E fine, and
in the case of a second or subsequent offence, to a class D fine.

Sexual activity means any activity where a reasonable person would consider that—

whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or
because of its nature the activity may be sexual and because of its circumstances or the purposes of any person in relation to it (or both) the activity is sexual.”,

Soliciting for Prostitution

Formerly, it is not an offence to have intercourse in return for payment, provided that there are no circumstances that make it otherwise unlawful. It may be unlawful due to age, mental disability, lack of consent, et cetera. The law formerly attempted to control prostitution only in its public form and certain related aspects.

At common law, prostitution is the offer of sexual services in return for payment. It does not matter that there is no intention to perform the services. Sexual services are not limited to sexual intercourse. A prostitute may be male or female.

It is an offence to solicit or importune a person for the purpose of prostitution or otherwise for the commission of offences against persons under age or mentally impaired persons. This offence is applicable in both public and private places.

It is an offence if to solicit or importunes another person in the street or public place for the purpose of prostitution. A public place is any place where the public has a right of access. This includes the private places where the public has access by express or implied permission. It includes anywhere open to the public.

Nature of Soliciting

Soliciting or importuning includes

offering services of prostitution to another
soliciting or importuning persons to obtain another person’s service as a prostitute or soliciting or importuning another person on behalf of another for prostitution.

The soliciting or importuning may be done by the prostitute or client or by a third person on behalf of either.

The request or offer need not be in language or be unambiguous. However, something more than an exchange of greetings would be required. The circumstances may make it clear that there is soliciting.

Gardai have powers to order a person whom they reasonably suspect to be loitering in a public place or street for the purpose of soliciting or importuning others for prostitution, to leave the area. It is an offence not to leave when so required.

Soliciting Prostitution (2017 Act)

A person solicits or importunes for the purposes of prostitution where the person solicits or importunes another person for the purpose of obtaining that other person’s services as a prostitute, or solicits or importunes another person on behalf of a person for the purposes of prostitution. The prostitute may be male or female.

A person who solicits or importunes a child (under 17 years)(whether or not for the purposes of prostitution) for the purposes of the commission of an act that would constitute an offence statutory rape or certain other offences is guilty of an offence.

A person guilty of an offence under this section shall be liable —

on summary conviction to a fine not exceeding € 5,000, or imprisonment for a term not exceeding 12 months, or to both, or
on conviction on indictment to a fine, or imprisonment for a term not exceeding 5 years, or to both.

Organising Prostitution

It is an offence

to control or direct the activities of prostitution
to organise prostitution by controlling or directing activities or
to coerce a person to be a prostitute.

This offence is subject on conviction to imprisonment of up to 5 years.

It is an offence knowingly, to live in whole or on part on the earnings of prostitution of another and to aid and abet prostitution. This applies to male and female prostitutes. The offence covers cases where a person is effectively in the business of prostitution. The defendant / accused must aid and abet prostitution and be aware of it.

Organisation of Prostitution (2017 Act)

A person who for gain

controls or directs the activities of a prostitute in respect of prostitution,
organises prostitution by controlling or directing the activities of more than one prostitute for that purpose, or
compels or coerces a person to be a prostitute,

shall be guilty of an offence and shall be liable—

on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or
on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.”,

Living off the Earnings of Prostitution (2017 Act)

A person who knowingly lives in whole or in part on the earnings of the prostitution of another person and aids and abets that prostitution shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both .

If a judge of the District Court is satisfied on the sworn information of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that any premises or any part of a premises is used by a person for the purposes of prostitution, and that any person residing in or frequenting the premises or part of the premises is living in whole or in part on the earnings of the prostitution of another person, he may issue a warrant under his hand authorising any member of the Garda Síochána, accompanied by other members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, and search the premises and arrest that person.

A person who obstructs or interferes with a member of the Garda Síochána acting under the authority of a warrant under is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,000 or to imprisonment for a term not exceeding 6 months or to both .

Brothel Offences

A brothel is a premises used by more than one prostitute though not necessarily at the same time. A single prostitute’s own room would not be a brothel.

It is an offence to manage, act or assist in the management of a brothel. It is an offence for tenants, lessees, occupiers or persons in charge of premises to knowingly permit it to be used as a brothel or for habitual prostitution.

It is an offence for landlords to let premises knowing that they will be used as a brothel or to willingly act as a party to the continued use of the premises as such. The persons must act knowingly or recklessly in relation to the use of the premises, in order to constitute the offence.

Brothel Keeping (2017 Act)

A person who—

keeps or manages or acts or assists in the management of a brothel,
being the tenant, lessee, occupier or person in charge of a premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution,
being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,

shall be guilty of an offence.

He or she shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 5 years or to both.

A person who publishes or causes to be published or distributes or causes to be distributed an advertisement which advertises a brothel or the services of a prostitute in the State or any premises or service in the State in terms, circumstances or manner which gives rise to the reasonable inference that the premises is a brothel or that the service is one of prostitution is guilty of an offence.

A person who is guilty of this offence is liable on summary conviction to a fine not exceeding € 2,500 and on conviction on indictment to a fine not exceeding € 25,000.

It is a defence for the accused to show that he is a person whose business it is to publish or distribute or to arrange for the publication or distribution of advertisements and that he received the advertisement in question for publication or distribution in the ordinary course of business and did not know and had no reason to suspect that the advertisement related to a brothel or to the services of a prostitute.

An “ advertisement” includes every form of advertising or promotion, whether in a publication or by the display of notices or posters or by the means of circulars, leaflets, pamphlets or cards or other documents or by way of radio, television, computer monitor, telephone, facsimile transmission, photography or cinematography or other like means of communication;

Where an offence is committed by a company or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or another officer of the body, or who was purporting to act in any such capacity, that person, as well as the body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.

Procurement for Brothel

It is an offence to procure or attempt to procure a woman to become a prostitute in Ireland or elsewhere or to have her live in or frequented brothel. It is an offence to procure or attempt to procure by threats, intimidation or false pretence, a woman to have unlawful sexual intercourse.

It is an offence to detain a woman or girl against her will either in a brothel or so that she may be subject to unlawful sexual intercourse. The latter offences are under the Criminal Law Amendment Act 1885.

Trafficked Person (2017 Act)

It is an offence to pay for sexual activity with a person, for the purpose of prostitution, where it is known that person was trafficked. A person found guilty of an offence under this section is liable

on conviction on indictment to up to 5 years imprisonment and / or a fine.

Loitering for the purpose of Prostitution (2017 Act)

A member of the Garda Síochána who has reasonable cause to suspect that a person is loitering in a street or public place in order to solicit or importune another person or other persons for the purposes of prostitution may direct that person to leave immediately that street or public place.

A person who without lawful authority or reasonable excuse fails to comply with such a direction under subsection is guilty of an offence and is liable on summary conviction to a class D fine or imprisonment for a term not exceeding 6 months or both.,

A person who in a street or public place solicits or importunes another person or other persons for the purposes of prostitution shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

€250, in the case of a first conviction,
€500, in the case of a second conviction, or
€500 or to imprisonment for a term not exceeding 4 weeks or to both, in the case of a third or any subsequent conviction.

Garda Powers

If a member of the Garda Síochána reasonably suspects that a person has committed one of the above offences he may arrest that person without warrant, or) require him to give his name and address and, if the person fails or refuses to do so or gives a name or address that the member reasonably suspects to be false or misleading, the member may arrest that person without warrant.

A person who fails or refuses to give his name or address when required gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500.