Questions about Pro-subs (Full Version)

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Wulfchyld -> Questions about Pro-subs (4/26/2006 2:45:11 PM)

Okay, after reading the pro-sub and tribute thread it made me wonder about the legal ramifications. Lets say you rent out, lease, what ever… a Dom or sub for money. Is it or could it be considered prostitution if you have sex in the scene?
 
Where and how exactly does the law apply to this?
 
 
Thanks
Loki




MstrTiger -> RE: Questions about Pro-subs (4/26/2006 3:20:31 PM)


I think it is like in a lot of other legal situations if you are guilty or not depends on how much you can afford to spend on a lawyer. You could try to argue that it depends on exactly what the money was exchanged for, someone could say that if they were paying someone to submit then they have not paid for sex specifically.

You could look on it in the same way that a lot of escorts do, (in the UK anyway) the person paying is paying for time and what happens between two consenting adults within that time has nothing to do with the money that was exchanged. Though to be fair that excuse rates somewhere alongside the “we were no actually having penetrative sex, it is in fact a very exotic form on genital massage” excuse for justifying prostitution.

It is the difference between paying someone specifically to have sex and paying someone for some other service and then having sex with them, if someone is prosecuted, it basically boils down to their lawyers ability to convince a judge and jury that there is a difference between the two.




Wulfchyld -> RE: Questions about Pro-subs (4/26/2006 3:29:28 PM)

MstrTiger thank you for the insight. I always wondered as to what degree it was about interpretation.




Proprietrix -> RE: Questions about Pro-subs (4/26/2006 3:31:37 PM)

Here's how it applies in Ohio.

According to Ohio Law  prostitution is "sexual activity for hire". Prostitution is divided into the crimes of Compelling, Promoting, Procuring, and Soliciting (with subcategories for more specific crimes of each).

For clarification, here are Ohio's legal definitions:

"Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another. 

"Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse. 

"Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

"Sexual activity" means sexual conduct or sexual contact, or both.

"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

*Ohio Revised Code, 2907, Sex Offenses

West Virginia's prostitution law is much more detailed and several pages long, but suffice it to say, it includes a hell of a lot more than Ohio.
Those are the only 2 states in which I've studied any law, so I can't comment on the 48 other states or any other country.




Wulfchyld -> RE: Questions about Pro-subs (4/26/2006 3:48:18 PM)

Proprietrix,
 
Wow, thanks. You are quite a resource. I tip my hat to you. So it is safe to assume that it, again, is about interpretation.
 
 
Loki




Proprietrix -> RE: Questions about Pro-subs (4/26/2006 4:20:14 PM)

Not necessarily open to interpretation... more open to district attorney interpretation, lol.
Technically, if I procur a professional Dominant for 1 hour (2:00 - 3:00) and during that hour time, she performs any of the things listed above, it falls under the legal definition of prostitution.

It's left up to the Judge/jury really.




Wulfchyld -> RE: Questions about Pro-subs (4/26/2006 4:46:20 PM)

Wow, what a can of worms.




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