Thursday, November 20, 2008

Two out of ten - must try harder!

One of the basic elements which any good law should have is certainty. Every citizen should be able to know for sure whether they are within or without the law. The Home Secretary's proposals to make it an offence to pay for sex with a woman who is "controlled for another person's gain" fundamentally fails this test, particularly as it is proposed that this will be a "strict liability" offence, which means that it doesn't matter whether you know that the woman falls into this category or not. Like the drink-driving laws, it's another example of the government (and not just this government) wishing to ban something, but not having the political balls to do it directly, and therefore seeking to do it by creating in peoples' minds doubt and fear over whether they are breaking the law or not, and hoping that they err on the side of caution. Good intentions cannot disguise or excuse bad law, Home Secretary.

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