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Patrick H.
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Category: Australia Law
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I am wondering how the law sits in relation to sex work and

Resolved Question:

I am wondering how the law sits in relation to sex work and the distinction between "prostitution" and "escorting" as far as "charging for time and companionship only" and not cotracting for sex necessarily as this is often the case. This is used in the US along with other tacts.

If a contract stating such that the client was paying for "time and companionship only and not for sex" was signed by both client/escort would this help if you were charged with being an illegal sex worker?

Hope that makes sense... Thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  replied 1 year ago.
In principle there is no law restricting work as a companion and so where the parties enter into such a companionship contract there should be no reason to comply with any of the licensing requirements or other restrictions placed on sex workers under the Sex Work Act.

http://www.austlii.edu.au/au/legis/vic/consol_act/swa1994129/

However, when considering whether a contract is not for sexual services a court will look at the realities of the parties conduct and expectations, so if a purported companion was observed to be regularly having sexual encounters with those they were providing companion services to, a court may well conclude that contrary to the written contract, that the client was in fact paying for sex. So no doubt entering into a contract of this sort may provide prima face evidence that the arrangement did not involve prostitution, but if other evidence suggested that prostitution was involved, the court may indeed determine that sex work was involved.

Also note the definition under section 3a of the Sex Work Act which effectively provides that if a payment is made to enter premises, even if not for the purposes of sex, but that sex occurred on the premises, that the funds paid would be deemed payment for sexual services. So if persons were paying for companionship on your premises, and subsequently had sex with you, this would still be deemed prostitution.

I appreciate this is not the answer you may have been hoping for, however I trust the above assists.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4572
Experience: Dip Law LPAB - Sydney based lawyer
Patrick H. and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for much for the reply. I kind of figured that it would be somewhat of a grey area. So how would say Consumer Affairs, Business Licensing or the Police prove that sex was taking place without sending in an undercover? and if you made it clear to the "undercover" that they were paying for time and companionship only or even if not- How would they prove that sex had taken place with all the other clients that had signed contracts?


 


Thanks for your help!


 

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