Article Category: Escort Business
Added on: 10/31/07 22:40
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Escorting is the service of providing time and companionship, and is legal is all jurisdictions (that I know). If an escort also provides sexual services - the manner by which this is done may contravene laws enacted to control prostitution (which is criminalized in most jurisdictions). This legal twilight zone is often confusing to escorts and hobbyists alike, so it is not surprising then that escorting is a target of law enforcement scrutiny and action against prostitution.
This article is intended to help escorts make informed decisions on how to conduct their business so as to manage their legal risks specifically with respect to Canadian law, and to help hobbyists understand why escorts work the way we do in Canada.
Welcome Alice, to Wonderland
George Carlin said it best: "Sex is legal. Making money is legal. So why is sex for money illegal?"
Sex between two consenting adults of legal age is legal. Prostitution is the act of sexual commerce, ie. providing sex for money. You may be surprised to learn that prostitution is not a crime in Canada. However, even though it is a legal activity, Canadian criminal law makes it *almost* impossible to legally practice it in public or private, a situation the Supreme Court of Canada describes as "bizarre".
Being an escort and providing escort services is not the same as prostitution, and it is completely legal if no sexual services are involved. The difference between escorting and prostitution is one of presumption. Escorting is "presumed" to be a legal business activity whereas prostitution is "presumed" to be an illegal (and immoral) activity. This is analogous to "presumption of innocence". Sexual services provided in exchange for payment *may* be illegal if certain conduct contravenes prohibitions in the Criminal Code of Canada, whether you are an escort, prostitute or hobbyist.
There are also municipal (civic) laws that license and regulate (legal) escorts and escort businesses, but do not apply to prostitutes and prostitution because the latter is the sole jurisdiction of the federal government (under the Criminal Code). Escorts and prostitutes still have to pay taxes which is yet another separate legal jurisdiction (tax law).
Soliciting Sex
In many jurisdictions, the act of sexual commerce is prohibited. In Canada, it is "communication in a public place for the purpose of prostitution" that is prohibited - s.213. However, talking to an escort about consensual sex is NOT illegal if the discussion is conducted in a private place. (Beware that US law is very different on this point.) A private place is a private residence or hotel room. Note that an automobile is considered public by the Criminal Code. Telephone and email are private, and are not "places".
This law is intended to control street prostitution. So it is a high risk for hobbyists that seek out street walkers.
Simply put, discussing and negotiating for paid sexual services is NOT illegal in Canada IF conducted in private. It IS illegal if you solicit for sex in a public place.
Incalls
It is prohibited to "keep a common bawdy house for the purpose of prostitution or indecent acts" - s.210 (aka. brothel). Escorts who provide incall sexual services out of their home are committing this criminal offense - a very high risk. Advertising incall services is like putting a bright red neon sign saying "brothel" outside your home. Its a convenient roadmap right to your door for law enforcement.
The common bawdy house law is often used to close down massage parlours that provide onsite sexual services. Even though it is legal to solicit sex in the privacy of a massage room, it is *NOT* legal to operate a business that frequently and habitually provides a place to conduct prostitution.
It is the massage parlour owners/operators that will be charged and convicted of this offense, unless they can prove that they did not know that their massage providers were providing sex on the premises. Conviction is almost assured because law enforcement will intimidate and/or cut deals with patrons and massage providers to testify against the owners/operators. Intimidation works because it is also illegal to be "found-in" (johns) or "inmates" (massage providers) in a bawdy house. The landlord can also be charged under this law.
The legal risk of being charged under this law varies widely city to city, depending on the anti-prostitution activities of the local law enforcement.
Procuring and Living Off the Avails
Procuring and living off the avails (income) of prostitution is illegal - s.212(1)(a)(d)(1)(j). This law targets pimps who live off the income of prostitutes and is intended to protect individuals from exploitation. Note that it is not illegal for a sexworker to live off her own income, nor is it a criminal offense for her boyfriend or roommates - so long as the relationship is not parasitical (forced).
This prohibition is important because it is often used against escort agencies (even though the law is intended to control pimping activities). Escort agencies charge the individual escorts an "agency fee" to cover the overhead costs of running the business (advertising, telephones, office space), provide a safe working environment and to generate a business profit. This leaves agencies vulnerable to the "avails" charge if it is shown that the escorts are providing sexual services.
The real risk for escort agencies is a disgruntled escort or patron who gives an anonymous tip to law enforcement. Action is mobilized by such tips or complaints, and it gives "probable cause" to investigate. Stings are conducted using undercover female officers posing as escorts seeking employment. Once hired, they collect evidence of prostitution activities. As with the bawdy house law and massage parlours, law enforcement will charge, intimidate and/or cut deals with escorts and patrons to testify against the escort agency owner/operators. They will use anything they find (illegal drugs, minors, health risks) to make the conviction.
Legal Summary
Independent outcall escort services that include private consensual sex work are legal in Canada for the following three reasons:
1. Communication (soliciting) is conducted in private and not in any "public place".
2. The self-employed escort offers nothing but home delivery. The act of sexual commerce is not habitually concluded in the same place. This avoids the Criminal Code's prohibition on "keeping a common bawdy house".
3. Independent escorts are self-employed individuals. No one manages their work or shares in their revenue, so no one is living off the "avails" of prostitution.
If you understand the legal framework in Canada, escorts can provide and hobbyists can receive sexual services (legally!) with minimal risk of criminal prosecution. The sex laws in Canada are based on the concept of "consenting adults in private" and that the government has no business regulating this behavior in private. But its accepted that society has the right to regulate and ban prostitution in public.
Canadian Criminal Code References
Soliciting
Common Bawdy House
Living Off the Avails
Prostitution Legalities - Edmonton Police
About the author:
(c) 2007 Dominixe is an independent escort providing elite executive services to gentlemen and businessmen traveling to Calgary. She has worked in and has owned and operated an escort agency for many years.
An elite gfe companion among Calgary escorts
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