Incalls are illegal?

Keithks

New member
Feb 16, 2008
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Let me get this straight. So instead of being greeted by a beautiful woman, you could get tackled by some 250 lbs. gorilla, get thrown in jail with Bubba for the night, be fined several hundred dollars, and be labelled as a sex offender for the rest of your life? Seems pretty sick to me.

What if you don't respond to an ad, but instead make one yourself, say in craigslists's casual encounters or adult gigs section? Would cops be allowed to lure you in that way?
 

threepeat

New member
Sep 20, 2004
946
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Edmonton
Let me get this straight. So instead of being greeted by a beautiful woman, you could get tackled by some 250 lbs. gorilla, get thrown in jail with Bubba for the night, be fined several hundred dollars, and be labelled as a sex offender for the rest of your life? Seems pretty sick to me.
The letter of the law states that prostitution is legal. However, pimping, soliciting in a public place, and being on or operating a bawdy house is illegal. A bawdy house is a place that has prostitution as its express purpose for existence, which is why all such places in Edmonton end-around this law by calling themselves massage parlours rather than brothels. Theoretically, from a legal standpoint (but maybe not a personal safety standpoint) an SP is safer operating outcall from her own place rather than renting out a separate location for incall, since the sole purpose of the residence is not prostitution but living.

The reality of the matter is that cops don't care, like Missy M says, as long as all parties (pooners and SPs) keep their noses clean otherwise. But the bawdy house card is one that the cops can and do play to bust MPs when there is say, human trafficking, prostitution of minors, etc.

What if you don't respond to an ad, but instead make one yourself, say in craigslists's casual encounters or adult gigs section? Would cops be allowed to lure you in that way?
Interesting question. It depends on whether the Internet is considered a public forum or not. I'm guessing as long as you're not too obvious that you are asking for sex in exchange for money, you would be ok. That's probably why some girls say the money is only for companionship... two consenting adults... blah blah blah.

I highly doubt cops could lure pooners that way, because if it is illegal to post an ad soliciting sex for money, then the cops would be committing an illegal act themselves to catch a criminal, which is a legal no-no.
 

Pantherdash

Panther
Apr 2, 2007
2,561
235
63
Downtown Vancouver
Might fall under reasonable deception.
Nope. Cops in Canada can lie all they want without it being called deception and thereby striking down the charge.


On a different note, maybe we should make the Canadian legalities surrounding prostitution and all its gray areas a sticky thread so that all can refer to it. Seems like every few days someone posts new questions regarding prostitution in Canada with erroneous assumptions that always allude to US Statutes.

Panther
 

threepeat

New member
Sep 20, 2004
946
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Edmonton
Might fall under reasonable deception.

Hell, in Virginia the cops go in, pay them, and actually have sex with the girls and THEN arrest them :(

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/12/AR2006021200943.html
http://www.informationliberation.com/index.php?id=6390

At least it's only one place, but still. Who knows what cops will do when they really want their bust.
I don't know how it works in the U.S., but the Supreme Court of Canada has ruled that it is ok for cops to do "random virtue testing," eg., a pretty female cop dressed like a hooker walking down the stroll. It's not ok for them to solicit or take an active part in reeling someone in, otherwise the case gets thrown out of court.

From http://en.wikipedia.org/wiki/Entrapment#Canada
The Supreme Court of Canada developed the Canadian version of the doctrine of entrapment in three major decisions: R. v. Amato, [1982] 2 S.C.R. 418, R. v. Mack, [1988] 2 S.C.R. 903, and R. v. Barnes, [1991] 1 S.C.R. 449. There are two different forms of entrapment in Canadian law.

The first type of entrapment, "random virtue testing", occurs when the police offer an individual the opportunity to commit a crime without reasonable suspicion that either that individual, or the place where that individual is located, is associated with the criminal activity under investigation.

If police do have such a reasonable suspicion, they are still limited to providing only an opportunity to commit the offence. The second form of entrapment occurs when the police go beyond merely providing an opportunity to commit an offence, and instead actually induce the commission of the offence. Some factors a court may consider when deciding whether police have induced the offence include the type of crime being investigated, whether an average person would have been induced, the persistence and number of attempts made by the police, the type of inducement used (e.g. fraud, deceit, reward), and the existence of express or implied threats.

The question of entrapment is only considered after there has been a finding of guilt. If, after finding the accused guilty, the court determines that the accused was entrapped, the court will enter a judicial stay of proceedings. In effect, this is similar to an acquittal.


That being said, I guess it all depends on how good your lawyer is :)
 

undefined

Member
Apr 15, 2009
37
1
8
The only solution to this is to legalize this industry completely and bring it into the open. It would offer protection for the clients and for the women.

Take the case of a man that goes to CL..he sees "Misty" who says she's 20. He hires her and pays for sex. At this point he could be charged for prostitution if caught. But Misty..just happens to be 16 when the raid happens. Now it's not longer a prostitution charge..now he's charged with stat rape..& other such charges. In short, this guys life is completely fucked forever. He really doesn't have any recourse either.

So the solution is simple, legalize it. The client no longer has to fear the girl is underage or an import. Nor does he have to fear that some pimp will walk out of the shadows with a Glock and rob him. And the women have full legal protection...at both the criminal AND CIVIL level. Rip off your hooker? Well asshole, she'll take you to small claims court.
As PeaceGuy said, prostitution is already legal in Canada. There are some other elements surrounding it that aren't, but they have nothing to do with the scenario you propose. If you fuck an underage prostitute in Amsterdam, "she told me she was 18" isn't a defense there either. Nor in Berlin, nor Melbourne, nor anywhere else where prostitution is legal. What you seem to be proposing is the removal of statutory rape laws, but they really have nothing to do with prostitution.
 

susi

Sassy Strumpette
Supporting Member
Jun 27, 2008
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@the Meat Market!!!lol
indy SP's fall in a grey area in that in canada 2 consenting adults may do whatever they want sexually including exchange sex for money in the privacy of their home but because i am a sex worker and sex work takes place in an on going way, my home is a bawdy house. police rarely enforce against indy SP's or long standing well known businesses.i can only imagine a sting in the way you described being used to catch men seeking services from youth, so be careful about age is all.

decrim will make it possible to ensure consumers know who is of age and who is not.
of age workers will qualify to join the industry association and use the trade mark in ads letting consumers know they are of age, certified(given a copy of occupational health and safety training). same for ethical business owners, consumers will be able to access the services of a business and know it is run properly(no trafficking, under age girls)

we will be done standardized occupational health and safety training in september.

as per the following recomendations;

Establish a consortium of sex industry stakeholders to develop an Industry Association
and negotiate where there are areas of commonality. ie. violence, consumer theft, health
and safety, and industry stability.

Develop Standardized Health and Safety Training for Sex Industry Workers and consumers in partnership with ALL stakeholders including business owners.

Develop and implement a certification process in partnership with all stakeholders to
stabilize and promote sex industry businesses (inclusive of independent workers as
businesses). Design an industry association seal or brand to distinguish those businesses that support and have received certification for the negotiated health and safety standards and training.

Design a complaints process and penalty system in partnership with all stakeholders to
provide a system of self governance and enforcement for the sex industry.

Support the formation of craft unions or trade guilds for all aspects or jobs within the sex
industry.

Establish a system of communications between the sex industry and those agencies who
have traditionally had the role of policing or monitoring the industry such as the police,
license inspectors and social work/ support agencies to prevent misunderstandings about
safety issues within the industry.
 
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Krustee

Banned
Nov 9, 2007
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This is hilarious!

I remember arguing tooth & nail with a few members of the escort elite - and some who are not members of the escort elite, (who happen to be on a time out from posting here now) and I was basically raked over the coals for even suggesting that prostitution is not completely legal.

https://perb.cc/vbulletin/showthread.php?p=896111

The ensuing posts in that thread pretty much beat the subject to death.

:rolleyes:
 
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