In a now famous jugement of the Ontario Court of Justice in the case against Valeri Ponomarv, the juge has ruled that the act of masturbation was not of a necessary sexual nature, at least not enough to declare it an act of prostitution. He wrote a clear, short and well remembered paragraphe because of his reference the Bill Clinton, that sums it up :
« The payment of money as I have found it was for a full body massage. The act of masturbation was optional, at no additional fee. Indeed, I wonder, and am left in a doubt as to whether or not the community might consider the act of masturbation in all situations to be sexual. One only needs to look to the conduct of a certain president of the United States and the response to activity that he participated in to wonder whether or not the act of masturbation is indeed in all circumstances a sexual act. Given that the act was done in private, as part of a massage, participated in voluntarily by all individuals, and a fee was paid regardless of whether or not the act took place, I am not satisfied that the Crown has met its onus and that the conduct constituted prostitution." »
The context is important :
1 It occurs in a massage parlor. An independent mp may offer the complete act, it would be, in my opinion, just as legal as for an independent sp.
2 the act was optional but at no extra fee. Suppose that there could be some tipping, but for the general appreciation of the massage.
My question: in the exact same situation, would there be a base argument to consider a blow-job much differently from a masturbation?
In my knowledge, such a case was never put before a Canadian court. But in regards of the Ponomary case, is it so obvious that a bj in a massage parlor makes that parlor a bawdy house?
PLEASE REFRAIN FROM TALKING ABOUT SPECIFIC PLACES OR MP'S THAT oFFER BJ. The question deals only with the legality of the act in a massage parlour in the given conditions.
« The payment of money as I have found it was for a full body massage. The act of masturbation was optional, at no additional fee. Indeed, I wonder, and am left in a doubt as to whether or not the community might consider the act of masturbation in all situations to be sexual. One only needs to look to the conduct of a certain president of the United States and the response to activity that he participated in to wonder whether or not the act of masturbation is indeed in all circumstances a sexual act. Given that the act was done in private, as part of a massage, participated in voluntarily by all individuals, and a fee was paid regardless of whether or not the act took place, I am not satisfied that the Crown has met its onus and that the conduct constituted prostitution." »
The context is important :
1 It occurs in a massage parlor. An independent mp may offer the complete act, it would be, in my opinion, just as legal as for an independent sp.
2 the act was optional but at no extra fee. Suppose that there could be some tipping, but for the general appreciation of the massage.
My question: in the exact same situation, would there be a base argument to consider a blow-job much differently from a masturbation?
In my knowledge, such a case was never put before a Canadian court. But in regards of the Ponomary case, is it so obvious that a bj in a massage parlor makes that parlor a bawdy house?
PLEASE REFRAIN FROM TALKING ABOUT SPECIFIC PLACES OR MP'S THAT oFFER BJ. The question deals only with the legality of the act in a massage parlour in the given conditions.