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Laws in relation to sex

  • 03-03-2010 3:32pm
    #1
    Closed Accounts Posts: 698 ✭✭✭


    Is it legal to use sex as a form of payment for a job

    Example: I did work for a girl and she had sex with me as a form of payment


    And if she signs a contract saying she will have sex with you if you complete a job and she does not when the the job is finished is she breaking her side of a contract


Comments

  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The contract would be void ab initio.

    Such a contract could not be enforced for public policy reasons. Also you cannot contract outside the law. Sex for payment is prostitution and is illegal hence the contract would be void.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/2448.html&query=tugendhat+and+2009&method=boolean

    I think this is most interesting. Though we are deficient in relation to our laws in relation to Breach of Confidence.

    Tom


  • Posts: 0 [Deleted User]


    Bond-007 wrote: »
    The contract would be void ab initio.

    Such a contract could not be enforced for public policy reasons. Also you cannot contract outside the law. Sex for payment is prostitution and is illegal hence the contract would be void.

    Suspect that is it in a nutshell.

    But if it is in part payment of a gambling debt, it might be alright, as two bad contracts surely make one good one! ;)


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Bond-007 wrote: »
    Sex for payment is prostitution and is illegal
    Not quite. Prostitution itself isn't illegal, but there are a lot of offences for related behaviour, e.g. running a brothel.

    Now, would the person who did the work, be entitled to some payment, perhaps on a quantum meruit basis.


  • Registered Users, Registered Users 2 Posts: 10,262 ✭✭✭✭Joey the lips


    A contract is not enforcable if the act is illegal in the first place. For example. I can agree to pay you 10k to shoot my wife. If i pay you the 10k and you do not do it the law will not come after you for breach of contract. However they will come after me for seeking to do something that is illegal.

    There is many more of these instances in law... Illegal dumping is a commercial aspect

    As for sex. Its not illegal to have sex with someone however its illegal to use it as a form of payment. I think this is why the call girl service works so well. They are not being paid for sex they are being paid for there company. They just give sex because they like you


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  • Closed Accounts Posts: 471 ✭✭Cunsiderthis


    would it be legal for a website to advertise sex services in return for money?

    I'm not talking about "escort" services or services where the sexual services are disguised, but where it is explicitly laid out what the services are and that the person offering them is engaging in them in return for cash.

    snipped is an example of an advertisement where the service is explicitly offered for "Incall :
    €150 for half hour
    €200 for one hour

    Outcall:
    €250 for one hour + Taxi"

    While examples such as this guy are not guilty of soliciting for sex, are they guilty of any other statutory offence?


  • Registered Users, Registered Users 2 Posts: 15,174 ✭✭✭✭kmart6


    Not exactly a great link to be sharing!


  • Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    Victor wrote: »
    Not quite. Prostitution itself isn't illegal, but there are a lot of offences for related behaviour, e.g. running a brothel.

    Yep, soliciting (offering someone money to have sex with you) is illegal, pimping (offering you sex with someone else for money) is illegal but prostitution is not - If a working girl offers you sex for money and you accept then no laws are broken.

    (At least thats my understanding)


  • Closed Accounts Posts: 471 ✭✭Cunsiderthis


    kmart6 wrote: »
    Not exactly a great link to be sharing!

    I thought it was a good example of what I asked about as it explicitly offers sex and explicitly asks for cash in return for sex.


  • Closed Accounts Posts: 471 ✭✭Cunsiderthis


    Gurgle wrote: »
    Yep, soliciting (offering someone money to have sex with you) is illegal, pimping (offering you sex with someone else for money) is illegal but prostitution is not - If a working girl offers you sex for money and you accept then no laws are broken.

    (At least thats my understanding)

    Are you suggesting that, for the person offering sexual acts to ask for money in return for sexual acts, is not illegal?


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  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Are you suggesting that, for the person offering sexual acts to ask for money in return for sexual acts, is not illegal?
    It depends on context.

    If you end up with your ex-girlfriend and she asks for €100 after sex, it would probably be legal.

    Doing the same thing to strangers on the street is another matter.


  • Closed Accounts Posts: 471 ✭✭Cunsiderthis


    Victor wrote: »
    It depends on context.

    If you end up with your ex-girlfriend and she asks for €100 after sex, it would probably be legal.

    Doing the same thing to strangers on the street is another matter.

    The context is as outlined in the link I attached to my post.


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Laymans view - probably illegal on the grounds of tax evasion, VAT on services rendered or PAYE on payment received.

    I suppose you could give the taxman 21.5% or 40% of a ride but would it be enough? ;)


  • Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    Are you suggesting that, for the person offering sexual acts to ask for money in return for sexual acts, is not illegal?

    Criminal Law (Sexual Offences Act) 1993:
    6.—A person who solicits or importunes another person for the purposes of the commission of an act which would constitute an offence under section 3, 4 or 5 of this Act or section 1 or 2 of the Criminal Law Amendment Act, 1935
    7.—A person who in a street or public place solicits or importunes another person or other persons for the purposes of prostitution shall be guilty of an offence
    http://www.irishstatutebook.ie/1993/en/act/pub/0020/index.html


  • Closed Accounts Posts: 471 ✭✭Cunsiderthis


    Gurgle wrote: »

    Is a web page on a web site which is only accessed by "members" of that site a "public place"?

    Soliciting is obviously not the case here as to advertise in not to solicit. Soliciting refers to the person who engages another, and not to the person who is engaged ( which in this case is the person who has the advertisement referred to above).


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