lovingboth: (Default)
[personal profile] lovingboth
I know it's not illegal (although various related activities are) but is it lawful?

Memory is telling me it isn't: thus you can't enforce a contract based on sex in the courts, just as you can't enforce a gambling debt.

The case I remember involved a woman who agreed to part-pay for a car through having sex with the seller a number of times. When she stopped having sex with him before then, he sued to get the car back for breach of contract and lost (and if anyone has a reference for that case, I'd be grateful!)

Memory is also telling me homosexual acts aren't 'lawful' either, merely decriminalised...

Re: I certainly hope not

Date: 2003-03-20 07:19 am (UTC)
zotz: (Default)
From: [personal profile] zotz
If the contract were valid and the prostitute reneged, then the fee would be returnable. As it is, there's no contract and therefore no legal reason to return the fee. Being a valid contract would not necessarily (in a sane society, anyway) mean that the sex became compulsory.

Re: I certainly hope not

Date: 2003-03-20 11:31 am (UTC)
From: [identity profile] pavlos.livejournal.com
It would have that effect if the seller no longer has the money. For example if someone gets a large sum to make porn, spends it, and then drops out. I guess it depends on how strongly the law enforces private debts.

Pavlos

Re: I certainly hope not

Date: 2003-03-20 02:15 pm (UTC)
From: [identity profile] badriya.livejournal.com
Certain contracts are not enforced but the court awards damages instead. This would maybe be like a contract of employment. If given unfair notice the employee would get damages rather than the court demand he be employed again. Presumably this sort of solution applies whereever it is impractical to enforce the contract.

Bluerose worked as a prostitute for a few years, m/m and m/f as well as some bdsm. I think he said it was legal but there were restrictions on where and how. He enjoyed it and found it a very efficient way to earn money.

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Ian

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