Prostitution was not strictly illegal in England during the 19th century, but associated activities like running a brothel, soliciting, and pimping were often subject to prosecution. This legal ambiguity created a precarious environment for those involved in the sex industry.

Berkley's brothel constantly faced the risk of being raided by the authorities. If caught, she and her staff could face fines, imprisonment, or other penalties. Discretion and maintaining good relations with local officials may have been crucial for survival.

Despite its prevalence, prostitution carried significant social stigma in Victorian England. Those involved were often ostracized and subject to moral condemnation. This social pressure added to the challenges faced by individuals like Theresa Berkley.