4.6 Children Involved in Commercial Sexual Exploitation including Prostitution

Contents 

1. Introduction
2. The Child
3. Consent
4. Referrals
5. The Strategy Discussion/Meeting
6. Assessments
7. The Adults or other Young People Involved
8. Exit and Recovery Strategy
9. Offences Targeted at those who Abuse Children through Prostitution

1. Introduction

Children involved in prostitution and other forms of commercial sexual exploitation should be treated primarily as the victims of abuse, whose needs require careful assessment.   They are likely to be in need of welfare services and, in many cases, protection. 

They are a particularly vulnerable group of children who may become “lost” to the statutory agencies, their wellbeing or need for immediate services may be overlooked and the subsequent planning and intervention may be less than satisfactory. They may be children who have also been the victims of Trafficking – see Safeguarding Children from Abroad Guidance.

Agencies should work together to:

• Recognise the problem
• Treat the child/young person as a victim of abuse
• Safeguard the children involved and promote their welfare
• Work together to prevent abuse and provide children with opportunities and strategies to exit from prostitution
• Investigate and prosecute those who coerce, exploit and abuse children

2. The Child

Sexual exploitation of children involves male and female victims. The majority of children do not enter into prostitution willingly and their involvement is indicative of coercion or desperation rather than choice.

There are strong links between children involved in prostitution or at risk of being drawn into prostitution and other behaviours such as running away from home or care, truancy and substance misuse.

3. Consent

The involvement of children in prostitution is a form of sexual exploitation involving payment or a reward of some kind. Children either because of their age or their needs are unable to give truly informed Consent to this activity.

Girls and boys under the age of 16 years cannot by law Consent to sexual activity.

Any one engaging in sexual activity – whether for money, reward or not – with a girl or boy under 16.  See also Guidance for Professionals Working with Sexually Active Young People under 18 in Oxfordshire.

4. Referrals

• Children, Young People and Families Services and the Police will consult and share information concerning all incidents or suspicions of child prostitution within 24 hours
• The priority for the Police must be to investigate and prosecute those who abuse, coerce or otherwise involve children in prostitution
• The child’s immediate safety and protection is paramount and safeguarding the child from any potentially dangerous situation should be managed within the remit of the Children Act 1989 in preference to action in relation to criminal legislation
• Confidentiality should be protected as far as possible but this may conflict with legal responsibilities and a guarantee of absolute confidentiality cannot be given.

5. The Strategy Discussion/Meeting

The Strategy Discussion/Meeting should address the following:

1. The completion of a risk assessment
2. The views of the child including his or her willingness to give evidence against others, what protection may be required to support this and the child’s desire to avoid continued involvement in prostitution
3. The roles and responsibilities of the professionals involved, including the identification of the Lead Professional and who is to engage with the child as part of the assessment (see Section 6, Assessments)
4. The child’s level of maturity taking into account any learning disability
5. The child’s previous experience of abuse and any needs arising from that
6. The age and level of maturity of any other participants
7. The role and identity of any adults involved (see Section 7, The Adults or other Young People Involved)
8. What further action is required to protect other children (for example Police investigations into coercers)
9. The child’s health needs (emotional and physical) (see Section 6, Assessments)
10. The identification of support services required to protect the young person, for example by engaging them in employment and/or educational opportunities, accommodation issues
11. Whether legal sanctions are required to protect the child – particularly where the involvement in prostitution was not an isolated incident, consideration should be given to the most appropriate legal methods available to protect the child from continued involvement in prostitution

If the outcome is that the young person is thought to be at risk of Significant Harm a Child Protection Assessment should be undertaken and an Initial Child Protection Conference should be convened, where appropriate, in the usual way

If the outcome is that the child is not considered to be at risk of Significant Harm but is considered to be In Need, a Child in Need Plan should be agreed.  A Family Support Conference or Family Group Conference should also be considered.

6. Assessments

Engaging with the child or young person can sometimes be difficult and agencies risk alienating him or her. Where an agency is involved and a worker has established a good relationship with the child, e.g. a youth worker, it may be appropriate to engage the child through that worker initially.

In all assessments and work with the child, any concerns about the child’s health and in particular any risks of sexually transmitted diseases and pregnancy should be discussed with the child, the child’s GP or the paediatrician responsible for the child’s health.

If the assessment reveals that the prostitution is encouraged, or not prevented, by the young person’s parents or carers, action should be taken to promote and safeguard the child from Significant Harm.

7. The Adults or other Young People Involved

Any assessments and the Strategy Discussion/Meeting need to consider the role and identity of any other adults or young people involved, e.g. parents, pimps, Risk to Children Offenders and the Police should gather evidence of any abusers or coercers.

Agencies should also establish whether those who are known to sexually exploit children are parents or carers of children themselves. If this is the case, an assessment of the needs of those children should be completed.

8. Exit and Recovery Strategy

Entry into prostitution may have resulted from a complex set of factors, therefore exiting prostitution is also likely to be complex, particularly where there is a strong dependency relationship with the coercer or abuser, or where there is substance misuse.

Re–establishing contact with wider family networks and re-integration of the young person into age appropriate activities and lifestyles are critical features of successful recovery. It is essential that young people are supported and understood by their family members.

An exit strategy should be developed with the child and family which must address the individual needs of the child.  Recovery from the abuse is likely to require long term, inter agency services. 

9. Offences Targeted at those who Abuse Children through Prostitution

Those who abuse or exploit children through prostitution should feel the full force of the law.  The Sexual Offences Act 2003 introduced a number of new offences to deal with those who abuse and exploit children in this way.  The offences protect children up to the age of 18 and can attract tough penalties.  They include:

• Paying for the sexual services of a child
• Causing or inciting child prostitution
• Arranging or facilitating child prostitution
• Controlling a child prostitute

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