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Criminalising the purchase of sexual services: The use of strict liability as a form of risk management.

Elliott, Jessica
June 4, 2015

Source: (2010) In, Katherine Doolin, et. al, eds., Whose criminal justice? State or community?. Hook, Hampshire: Waterside Press. Pp. 69-85.

…[T]his chapter provides an analysis of the strict liability offence provided within section 14 of the PCA — a controversial legislative measure, the enactment of which arguably requires strong justification. Examples from other jurisdictions will be drawn upon where appropriate, to illustrate the potential effects of this novel legislative move. Ultimately, this chapter questions the ability of the central State to make a positive impact through the use of the criminal law in terms of targeting purchasers of sexual services, and concludes that in the face of the unwelcome side-effects that such measures are likely to bring the STate would do better to regulate the sex trade rather than expand the reach of the criminal law in the manner illustrated by the PCA provision. (excerpt)


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