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Thread: MERBites and the Law

  1. #1

    MERBites and the Law

    I do not know if this question arises from an ambiguous nature of the law in Montreal or from my own ignorance, but I am getting conflicting perceptions of the legality of outcalls. Any clarirification would be deeply appreciated. Can some experienced hobbyist provide an opinion as to which of the following statements, A or B, is closer to the truth:

    A) outcalls are perfectly legal as long as you do not explicitly mention sexual activity, either in public or over the phone or via the Internet.

    B) Outcall services are technically illegal regardless of what is said or not said (i.e., any exchange of money for sex) but it is rarely prosecuted in the outcall setting.

    I personally have not had a problem, albeit in only one venture to Montreal, but I would just like to get a handle on this subject. Thanks in advance for all who care to proffer their understandings. It is just that even with researching the threads,I am still a bit confused.

  2. #2
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    This is what a crown prosecutor told me: A girl working totally alone, and keeping every penny of the encounter, can legally meet you for paid sex at your premises.

    There is a caveat. Its not legal if any third party helps in any way to set up the meeting. This includes even something so simple as her SP friend telling you about availability. To this prosecutor any such help forms a criminal enterprise and he had no problem with the idea of taking it to court. This distinction is important because many independants are associated together in some way.

    Everything else is illegal. However the police have said that even agencies are not a priority for them unless some of the girls are underage.

    I have no idea about advertising or methods of communication.
    "I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy." - J. D. Salinger

  3. #3
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    Then why do newspapers take ads from Agencies advertising Escorts? They would be part of the third party, would they not? If the police don't do anything about the agencies, the newspapers have nothing to worry about, but under your explanation, the ad takers are third parties.

  4. #4
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    I am glad to see that you guys have finally figured out that there is a difference between conduct that is "illegal" and that which is "technically illegal", the latter encompassing the realm of activities which is statutorily proscribed, yet not enforced by LE for whatever reason.

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    Originally posted by daydreamer41
    Then why do newspapers take ads from Agencies advertising Escorts? They would be part of the third party, would they not?
    A few months ago the police did in fact go around to the various papers to say they could be charged. Several newspapers' escort sections became very small indeed. (No idea why they didn't disappear completely.) Other papers argued they couldn't be expected to screen the legality of all their classified ads and, for some reason, the police backed off. Since then you see (almost?) all (English?) ads are now from registered companies, which are easy to form, and which give the papers a way out of their dilema.
    "I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy." - J. D. Salinger

  6. #6

    What is the risk to the customer?

    What is the realistic risk for the customer? I usually travel to Montreal for a few days. I don't want to be caught in the mess.

    So far, it seems that living of the avails of prostitution will make the agencies guilty. I can see that customer can be charged for using third party assistance, but are customers prosecuted?

  7. #7
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    Not unless you are extra stupid.

  8. #8
    Glad you brought up the subject of under age girls, StripperLover. As you can tell from my communications by now, I am abit on the paranoid side. I just do not want any legal trouble.

    But regarding the underagers, there a couple at Freedom who look super hot, but who worry me when it comes to age. Sabrina is listed at 18, and Sandy is listed at 19. I would love to do both of these girls, but am a bit worried. Does anybody out there have a clue as to their REAL ages? You could always ask, but I don't think any SP is going to show you their ID with their true name on it.

  9. #9
    The SP being underage is certainly another thing to worry about.

    However, perhaps the following will lend some comfort: One I met confided that she and a few others on her website are, in fact, each 4 or 5 years older than their listed ages.

  10. #10
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    Underaged SP
    Those worried should search databases of local papers (or even local courts) to review the conviction of R. Gilet; underaged are underaged and the burden will rest (after usual evidence by AG (Crown) prosecutors) with the users to show they could not know that! If I remember, Gilet and some of his friends were convicted due to the facts they did not check or did not go far enough in the verification of the age of the sps. How far one has to go?
    Conclusion: In doubt, stay away!!!!

  11. #11
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    The fundamental proposition that ignorance of the law is no excuse is what operates. If a girl is 15 years old, and looks 18 to you and you are caught fucking her, it is no defense to say "she looked 18 to me." In effect, the law holds you absolutely liable, or strictly liable, for the age of the girl you are caught fucking. There is no such thing as a negligence defense in Canada or in the USA. Gillett and his buddies were pedophiles and, from what I read, they were also very stupid. My experience is that those who get caught are usually guilty of heinous stupidity in addition to the crime with which they are charged.
    Last edited by EagerBeaver; 08-08-2004 at 03:29 PM.

  12. #12

    Outcalls are legal

    This topic was discussed in Terb. The conclusion was that outcalls are legal. The rationale was following.

    An escort company provides companionship, and whatever happens is between the client and SP. Thus, if client and a SP engages in sex then it was a mutual consent between client and SP and no third party was involved.

    The above definition allows SPs to ask for "extras" in the session and there is nothing much the agencies can do, as technically the decision of having sex is between SP and client.

    When a client contacts an agency and asks specifics about sex then the situation can get illegal because now the agency is acting as a third party.

    If a client does not discuss sex with the agency phone operator, and discusses sex with a SP in his hotel room, I think it should be perfectly OK.

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    BD, you are in a world of hurt as soon as you are arrested. It doesn't matter what clever arguments you try to use later, or even if they work. The damage has already been done.

    "This thing we do" (no, not the mafia) is totally dependant on the discression of the police, crown prosecutors and politics.
    "I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy." - J. D. Salinger

  14. #14
    Now, you guys have scared me. I always believed that it was legal and did not fear an arrest.

  15. #15
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    BD,

    I am sorry to say this but your buddies on TERB have spent too much time reading website disclaimers. Web site disclaimers do not establish what the law is. The local police chief establishes what the law is. And if you think those web site disclaimers will immunize you, you better think again. Cuz if the local police chief wants to fuck you in the ass, you'll need a jar of vaseline, not some mumbo jumbo from Miss Toronto's website. And that's the fact, Jack.

    On the other hand if you behave discreetly and don't say or do anything stupid, your rectum will always be relaxed at the end of the evening. And this is the truth.
    Last edited by EagerBeaver; 08-08-2004 at 09:03 PM.

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