Dear adejade-ga
Thank you for allowing me to answer your interesting question. The law
is not nearly as ambiguous on this matter as you may think. In fact,
no such ?loophole? appears to exists and the law is relatively clear
in this regard. Whatever veiled attempts you make to disguise a
brothel the law has taken such measures into account. While we are not
lawyers in this forum and cannot by policy offer legal advice (see our
disclaimer at the bottom of this page), it is logical to assume that
if one were to continue in this pursuit in clear violation of the law
he would place himself at significant risk of imprisonment.
Under the auspices of the Sexual Offences Act 2003, Section 51(2), the
statutes defines a prostitute as: ?a person (A) who, on at least one
occasion and whether or not compelled to do so, offers or provides
sexual services to another person in return for payment or a promise
of payment to A or a third person; and "prostitution" is to be
interpreted accordingly.
SEXUAL OFFENCES ACT 2003
http://www.opsi.gov.uk/ACTS/acts2003/30042--b.htm
By you being the ?third person? who receives compensation or gain,
this act meets the criminal criteria of the statute whether the woman
receives compensation or not.
In addition, one must take into account that payment is not the only
exchange which defines prostitution; gain is also a factor. Under
Section 54 gain is defined as ?the goodwill of any person which is or
appears likely, in time, to bring financial advantage.?. Having said
that, the operator of such a house would clearly benefit from a ?girl?
who would be serving customers in a brothel even if she received no
personal compensation (either directly or indirectly) for it. Since
gain is factor the following statutes also apply
Section 52: ?Causing or inciting prostitution for gain?
(1) A person commits an offence if-
(a) he intentionally causes or incites another person to become a
prostitute in any part of the world, and
(b) he does so for or in the expectation of gain for himself or a third person.
(2) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 6
months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
Again, by ?inciting? a person to prostitute themselves for your
expected gain, whether she receives compensation or gain, this act
clearly meets the criminal criteria of the statute.
Section 53: ?Controlling prostitution for gain?.
(1) A person commits an offence if-
(a) he intentionally controls any of the activities of another person
relating to that person's prostitution in any part of the world, and
(b) he does so for or in the expectation of gain for himself or a third person.
(2) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 6
months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
Section 55: ?Penalties for keeping a brothel used for prostitution?
(1) The Sexual Offences Act 1956 (c. 69) is amended as follows.
(2) After section 33 insert-
"33A Keeping a brothel used for prostitution
(1) It is an offence for a person to keep, or to manage, or act or
assist in the management of, a brothel to which people resort for
practices involving prostitution (whether or not also for other
practices).
(2) In this section "prostitution" has the meaning given by section
51(2) of the Sexual Offences Act 2003."
(3) In Schedule 2 (mode of prosecution, punishment etc.), after
paragraph 33 insert (as a paragraph with no entry in the fourth
column)-
33A:
Keeping a brothel used for prostitution (section 33A).
(i) on indictment - Six months, or the statutory maximum, or both.
(ii) summarily - Seven years
I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
[INFORMATION SOURCES]
SEXUAL OFFENCES ACT 2003
http://www.opsi.gov.uk/ACTS/acts2003/30042--b.htm
[SEARCH STRATEGY]
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Prostitution
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Sexual Offences Act 1956
Street Offences Act 1959
Sexual Offences Act 1985
Criminal Justice and Police Act 2001
Sexual Offences Act 2003 |
Request for Answer Clarification by
adejade-ga
on
29 May 2006 11:30 PDT
Thank you very much, if I modified the scenario to this, would it then be legal??
The man doesn't 'pay' for sexual participation, that would make him a
paying customer and put you in legal trouble. He would be paying for
studio time with the intent of possibly making his own movie. All you
would be doing is providing the studio, the equipment to record the
session for him, and the actresses that he may want to someday hire
for his film.
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Clarification of Answer by
tutuzdad-ga
on
29 May 2006 15:05 PDT
In legal matters it is always best to consult an attorney for the best
advice. You may have trouble though, trying to find one who will tell
you the best methods to BREAK the law. Regardless of what you call
this hypothetical, thinly disguised effort to engage in prostitution,
the laws I mentioned and other laws on obscenity, indecency,
pandering, etc. will still apply. As William Shakespeare wrote: "That
which we call a rose by any other name would smell as sweet." While a
rose by any other name is indeed still a rose, unfortunatly, this plan
stinks.
Both the scenario you originally suggested and your revised scenario
reek of improprieties in the law. If one were not accused of
prostitution (or soliciting, enabling, keeping, etc) outright, one
would most certainly be at just as great a risk of being accused of
similar criems such as "acts outraging public decency" or conspipracy
of such, "corruption of public morals: or conspiracy to commit such,
"Keeping a brothel", or "Public Nuisance", just to name a few, not to
mentioned the added likelihood that you might also face numerous
health code violations, violations of licensing codes and extremely
serious tax violations all of which can potentially cost you thousands
upon thousands of dollars to rectify and many years in prison.
My advice: Give the notion up, or find an attorney willing to assume
part of the blame when you are arrested and convicted of this poorly
choreographed endeavor. At the very least you'll have a lawyer there
with you in prison to help figure out where you both went wrong.
I look forward to your final rating and closing comments.
Regards;
tutuzdad-ga
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