The Law - Indoors

 

The Law 

The law regarding sex work in indoor 

establishments, whether licensed or 

unlicensed saunas or flats, is governed 

by the Criminal Law (Consolidation) 

(Scotland) Act 1995. The most 

important thing to remember is that it is 

not illegal to work as a sex worker in 

Scotland – but many other aspects of 

indoor sex work are illegal, including 

running a brothel or assisting in the 

running of a brothel. 

Section 7 - Procuring 

This section is covers four offences, all 

of which carry a sentance of up to 2 

years’ imprisonment. 

It is illegal to get a woman to have sex 

illegally, or become a ‘common 

prostitute’, anywhere in the world. This 

could include encouraging a friend to 

join you in working in a brothel or as an 

escort in a country where selling sex is 

illegal. Legally, ‘common prostitute’ 

means a street sex worker, so this 

offence could include telling a woman 

you work with that you’ve been 

moonlighting on the street to make 

some extra cash and that she should 

give it a try. 

It is illegal to get a woman to leave the 

UK to live in or ‘frequent’ a brothel, 

anywhere in the world. It is unclear 

whether ‘frequenting’ would be limited 

to working there, or if it could include 

regularly dropping in. This could extend 

to encouraging a friend to join you 

working overseas in a legal, regulated 

brothel (for example in New Zealand or 

Nevada) – the offence seems to be 

centred on the purpose for which they 

leave, not the legality of what they do 

once they have left the UK. 

It is illegal to get any women to leave 

her home in the UK to work in a brothel 

anywhere, including in the UK. This 

covers the same ground as the clause 

above, but also means that if you tell a 

friend in Newcastle that you’ve found a 

great place to work and she should 

come up, stay with you a few weeks and 

give it a try, you’re breaking the law. 

It is illegal to use threats, lies, 

intimidation or false pretenses to get a 

woman to have sex illegally anywhere in 

the world. 

Indoors 

Broadside pamphlet, undated but probably early 19th 

century, with the story of a New Town brothel luring 

schoolgirls to work there. This would undoubtedly be a 

Section 9 offence today.

The Law 

Section 8 - Abduction and unlawful detention 

It is illegal to keep a woman against her will in a brothel, or anywhere where she is forced to 

have illegal sex. Surprisingly, this only carries a sentence of up to 2 years' imprisonment. 

Withholding clothing or property is specifically named as a form of detention, as is giving a 

woman clothes and threatening to prosecute her if she leaves while wearing them, if it is done 

to make her stay. It also says that no woman will be prosecuted for ‘stealing’ if the only way 

she can leave clothed is to walk out wearing clothes she was given. 

Section 9 - Permitting girl to use premises for intercourse 

It is illegal for the owner, occupier or manager of premises to get, or allow, a girl under the age 

of 16 to have sex there. 

Section 10 - Seduction, prostitution, etc., of girl under 16 

It is illegal for a person with parental responsibilities for a girl under 16 to cause or encourage 

her to be seduced, work as a prostitute, have unlawful sexual intercourse or be indecently 

assaulted. This carries a sentance of up to 3 years. 

Section 11 - Trading in prostitution and brothel-keeping 

It is illegal for a man (but not a woman) to knowing live in whole or in part on money earned 

through prostitution. This extends to living with you or being ‘habitually’ in your company, if he 

knows what you do for a living. If you’re a lesbian, you can give your girlfriend as much money as 

you like, as long as she doesn’t ‘control’ you for gain – see below. Up to 2 years’ imprisonment. 

It is illegal for anyone to 'exercise control, direction or influence' for gain over the movements of 

a prostitute for the purposes of 'aiding, abetting or controlling' her prostitution. This applies to 

receptionists at escort agencies who take bookings, owners who make up the rota, and anyone 

who tells you where to go or when to work. Up to 2 years' imprisonment. 

It is illegal to run a brothel - this covers owners, tenants, managers and anyone who acts or 

assists in the running of the brothel. This law is what is used to target receptionists, but could 

also potentially extend to someone who cleans up or does the sheets. Up to 6 months' 

imprisonment and a maximum fine of £2500. 

Section 12 - Allowing 

child to be in brothel 

It is illegal to allow a child 

between the ages of 4 and 

16, for which you have 

responsibility, to live in or 

frequent a brothel. Up to 6 

months' imprisonment or a 

maximum fine of £500. 

Entertainment Licenses 

In Scotland, saunas can 

apply for entertainment 

licenses by the Council 

under the Civic 

Government (Scotland) 

Act 1982, which ensures 

that they comply with 

health and safety 

requirements, but these 

are licenses for public 

entertainment - it is still 

illegal to run a brothel. 

Indoors 

A plate from William Hogarth’s 18th century morality tale, A Harlot’s 

Progress, showing the virtuous and chaste country girl Moll being 

examined by Elizabeth ‘Mother’ Needham, a notorious brothel keeper 

who died in 1730 after being assaulted by a mob.