Prostitution in the UK - is it lawful?

[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...

Comments

[zotz]

I remember some discussions with the erstwhile love of my life (TELOML), who was a law student at the time. Actually, I understand that she is again, but that's another matter.

No contract can depend on an immoral act. This actually came up as part of an explanation of why premarital contracts aren't considered valid contracts in Britain. So logically, indeed no court would try to enforce such a deal. I don't know of any specific cases, though.

I certainly hope not

[pavlos.livejournal.com]

I don't know. I certainly hope it isn't. This is not just a compromise or expedient view. I think it's the correct long-term policy.

I think that the law should never compel anyone to have sex, have surgery, injure themselves, etc. just as it does not enforce "impaired judgement" or "under duress" agreements. So receiving money to do porn and then reneging should also be valid. People who pay for such services should rely on the fairness and reputation of the sellers. Of course, the problem is with protecting those who renege from violent enforcement of the debts.

Pavlos

[elves-uk.livejournal.com]

um, don't understand the question but I do know you can work as a "professional" from home as long as only one person works at the venue, otherwise its a bordello :) Street walking is not illegal but soliciting is, they usually get you on a public nuisance charge.

[lizw.livejournal.com]

It isn't a crime at common law, and I can't think of a relevant tort, so I think it must be lawful. As zotz says, the reason the contract was unenforceable was because it was for an immoral purpose, not an unlawful one. Same goes for gambling. I would be surprised if homosexual acts were still considered either unlawful or immoral by the English Courts, but I haven't researched it recently.