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R v Drew and others (Southwark Crown Court)

Anand Beharrylal after a six week trial secured an acquittal for the second defendant in R v Drew and others at Southwark Crown Court on 26 October 2007, in a case alleging Conspiracy to Control Prostitution and Conspiracy to Launder the Proceeds of Crime.

The prosecution alleged that the Silk and Lace Escort and Massage Agency based in Hertfordshire, was controlling prostitution in that they were (at the very least) managing and regulating the activities of prostitution for gain. The defence did not dispute the facts of the case, but asserted that there was no "control" of prostitution in the context of the case. In evidence the "working girls" confirmed that they voluntarily became prostitutes, could have stopped being prostitutes at any time, that Silk and Lace provided them a secure environment in which to conduct their lawful activity and some were working as prostitutes for other escort agencies at the same time. One even confirmed she paid tax on her earnings and all confirmed that they were treated fairly and well.

The main issue in the case was the definition of "control" for the purposes of Section 53 of the Sexual Offences Act 2003. HHJ Rivlin QC in an earlier ruling (now cited in Blackstone's Criminal Practice 2008), rejected an application to dismiss essentially on the basis that control did not necessarily include compulsion or coercion. In light of the final result it seems that that ruling must now be viewed with the caveat that the jury was not satisfied of control and acquitted.

Whilst this case was a far cry from the exploitation of vulnerable women or cases involving trafficking that have overtones of slavery, it is plain that the jury's views of the way things are played a major part in the end result. A textbook definition of control devoid of context could be unhelpful. In light of this and the number of Escort and Massage agencies revealed to be operating in the country, it is perhaps time for the Government to look again at the law and policy in this area and consider whether the better course would be to legalise prostitution.

It is clear that agencies like Silk and Lace can, if properly run, provide safety, security and camaraderie to those who chose for whatever reason to be prostitutes. In light of the murders in Ipswich in 2006 and historical instances as far back as "Jack the Ripper", it cannot be doubted that the law and policy in this area (despite the recent revamp) does not properly reflect the current majority moral, social and political views of the population. The break-up of organisations like Silk and Lace can regrettably have only one serious consequence i.e. to send the working girls back on the street, where neither they nor we want them to be.

For further information

• Silk and Lace vice trial family cleared of charges - Welwyn and Hatfield Times
• Family 'made £2m in one year from empire of prostitution' - Times Online
• Family 'earned £2m in a year from empire of 200 vice girls' - Mail Online

26 October 2007

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