Prostitution Prostitution laws in the The Gambia
The Gambia's Criminal Offences Act 2025, passed by the National Assembly in March 2025 and being applied by the courts by July 2025, replaced the 1933 Criminal Code. Part XVI makes it a misdemeanour for any person to commit, or be an accomplice in the commission of, prostitution; for a man to persistently solicit or importune in a public place for immoral purposes; for anyone knowingly to live on the earnings of prostitution or to control a sex worker's movements for gain; and to keep or manage any place used for prostitution. Misdemeanours without a specific penalty are punishable by a fine, up to two years in prison, or both (section 38). Magistrates may issue warrants to search premises suspected of being used for prostitution (section 116).
Legal model
Selling and buying prohibited. Selling sex is an offence (criminal or administrative), whether or not buying is.
The Criminal Offences Act 2025, which repealed the colonial-era Criminal Code (Cap. 10:01), makes it a misdemeanour for a man (section 114) or a woman (section 115) to commit, or be an accomplice in the commission of, prostitution. Selling sex is therefore an offence, and the accomplice wording may also reach clients, although no case applying it to a client was found. Brothel-keeping and living on the earnings of prostitution are also offences.[1]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Illegal Criminal offence | A man or a woman who 'commits, or is an accomplice in the commission of prostitution' commits a misdemeanour (sections 114(1)(c) and 115(c)), punishable by a fine, up to two years in prison, or both under the general penalty for misdemeanours (section 38).[1] |
| Buying sexual services | Illegal Criminal offence | No offence names clients, but sections 114(1)(c) and 115(c) also cover anyone who 'is an accomplice in the commission of prostitution', and section 26 treats those who aid or abet an offence as principal offenders. Read literally, a client can be prosecuted as an accomplice; no case doing so was found.[1] |
| Brothels and managed venues | Illegal Criminal offence | A person who keeps or manages a house, room, set of rooms or place of any kind for purposes of prostitution commits a misdemeanour (section 117). A magistrate may issue a warrant to search a house suspected of being used for prostitution and to arrest a person living on the earnings or controlling a sex worker there (section 116).[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | A man who knowingly lives wholly or partly on the earnings of prostitution commits a misdemeanour; living with or habitually being in the company of a sex worker, or controlling their movements, raises a presumption that he does (section 114). A woman commits the same offence by living on the earnings or, for gain, controlling a sex worker's movements in a way that shows she is aiding, abetting or compelling prostitution (section 115).[1] |
| Advertising sexual services | Illegal Criminal offence | No offence specific to advertising sexual services was found. Because prostitution itself is a misdemeanour, a person who advertises their own or another's services could be charged as a party to it (sections 26, 114 and 115), and a man who persistently solicits or importunes in a public place for immoral purposes commits an offence (section 114(1)(b)).[1] |
The law in detail
Selling sexual services
A man or a woman who 'commits, or is an accomplice in the commission of prostitution' commits a misdemeanour (sections 114(1)(c) and 115(c)), punishable by a fine, up to two years in prison, or both under the general penalty for misdemeanours (section 38).[1]
Confidence: medium. 'Prostitution' is not defined in the Act. The repealed Criminal Code was not checked, so it is not known whether the 'commits prostitution' limb is new in 2025. No prosecution figures were found.
Checked 30 October 2026
Buying sexual services
No offence names clients, but sections 114(1)(c) and 115(c) also cover anyone who 'is an accomplice in the commission of prostitution', and section 26 treats those who aid or abet an offence as principal offenders. Read literally, a client can be prosecuted as an accomplice; no case doing so was found.[1]
Confidence: low. This is a reading of the statutory text; no court decision or official guidance on whether clients are 'accomplices' was found.
Checked 30 October 2026
Brothels and managed venues
A person who keeps or manages a house, room, set of rooms or place of any kind for purposes of prostitution commits a misdemeanour (section 117). A magistrate may issue a warrant to search a house suspected of being used for prostitution and to arrest a person living on the earnings or controlling a sex worker there (section 116).[1]
Checked 30 October 2026
Third parties profiting (procuring / pimping)
A man who knowingly lives wholly or partly on the earnings of prostitution commits a misdemeanour; living with or habitually being in the company of a sex worker, or controlling their movements, raises a presumption that he does (section 114). A woman commits the same offence by living on the earnings or, for gain, controlling a sex worker's movements in a way that shows she is aiding, abetting or compelling prostitution (section 115).[1]
Checked 30 October 2026
Advertising sexual services
No offence specific to advertising sexual services was found. Because prostitution itself is a misdemeanour, a person who advertises their own or another's services could be charged as a party to it (sections 26, 114 and 115), and a man who persistently solicits or importunes in a public place for immoral purposes commits an offence (section 114(1)(b)).[1]
The obscene-publications offence (section 142(1)(d)) also covers advertising or making known by any means that an obscene object can be procured, but it concerns obscene material rather than sexual services.
Confidence: low. No case applying these provisions to advertisements or to websites was found.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Criminal Offences Act, 2025 (assent copy, passed 28 March 2025) Criminal Offences Act 2025 s. 38 · s. 114–117 · s. 344 | Part XVI (sections 114 to 117) criminalises prostitution, soliciting by men, living on the earnings and brothel-keeping; section 344 repeals the Criminal Code, Cap. 10:01.[1] | 2025 |
Timeline
Sources
- Criminal Offences Act, 2025 (assent copy, passed 28 March 2025). Ministry of Justice, The Gambia, March 2025. legislation · accessed 30 October 2026
- First Witness Takes Stand in Trial of Woman Accused of Insulting President Barrow. Foroyaa, 11 July 2025. news · accessed 30 October 2026