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GlasgowGirl

Anyone Know The Legality Of These Things?

7 posts in this topic

Hey

I was wondering if any of you legal-eagles on here knew the answer to this -

I know that currently a single person providing 'sexual services'from a premises alone (ie with no other provider) is legal, and that 2 or more providers working from the same address is illegal.

But what about topless/naked massage with NO hand relief or penetration of any kind? Is it ONLY GENITAL CONTACT (whether hand-to-genital or mouth or vagina) which constitutes 'prostitution'?

Or does providing 'nudity' have to be licensed (such as in strip clubs etc)?

If anyone knows the correct answer I would be very grateful, especially if it is also relevant to Scotland?

{ponders why Christine Love's sexy massage only shop wasn't allowed to open...}

Don't worry, not going to open a brothel :D , I was just wondering what exactly constituted prostitution with regards to brothel laws? x

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But what about topless/naked massage with NO hand relief or penetration of any kind? Is it ONLY GENITAL CONTACT (whether hand-to-genital or mouth or vagina) which constitutes 'prostitution'?

Or does providing 'nudity' have to be licensed (such as in strip clubs etc)?

I'm waiting for my "friend" Silverado to respond, but I assume he's avoiding Scots law, like the plague! (And very sensible too.)

I'll take the risk and express my own opinion that topless/naked massage with (absolutely) no HR or penetration wouldn't amount to prostitution, so two girls providing same wouldn't be a brothel, but I'll then say, just to be really helpful, that it is certainly not ONLY genital contact that constitutes 'prostitution'!

Years ago I asked a witness, "So he groped you?", and the JA asked me to define "grope" - I answered, "Sir, I know a giraffe when I see one, but I couldn't define it." Prostitution is just about what one or another judge's mind thinks it is. To a great extent, did the punter get a sexy thrill? And, of course, to confuse the issue further, prostitution does involve payment, but a brothel doesn't require it!

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Prostitution includes any penetration, touching, or any other activity that "a reasonable person" would consider to be sexual because of its nature or because of its circumstances.

This is sadly rather vague, and given that nudity itself has been highly sexualised by our society I would say that the risk involved in running a naked/topless massage parlour is certainly open to interpretation.

If this is something you are serious about doing, I would highly advise consulting with a solicitor who may also have some knowledge of case law surrounding "brothels".

Legislation relating to brothels

Definition of "prostitution"

Definition of "sexual"

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Prostitution includes any penetration, touching, or any other activity that "a reasonable person" would consider to be sexual because of its nature or because of its circumstances.

This is sadly rather vague, and given that nudity itself has been highly sexualised by our society I would say that the risk involved in running a naked/topless massage parlour is certainly open to interpretation.

If this is something you are serious about doing, I would highly advise consulting with a solicitor who may also have some knowledge of case law surrounding "brothels".

Legislation relating to brothels

Definition of "prostitution"

Definition of "sexual"

I'm glad you suggested a solicitor, and not one of the other gang, but I think your links are all Anglo-English? While I suspect that what they say is, in general, valid here, it is only "in general" which doesn't sound too good if/when you are in the dock!

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I'm glad you suggested a solicitor, and not one of the other gang, but I think your links are all Anglo-English? While I suspect that what they say is, in general, valid here, it is only "in general" which doesn't sound too good if/when you are in the dock!

It seems I overlooked section 142 of the act, and the parts that I mentioned do not apply to Scotland, my apologies.

I'm afraid the only Scots law I can find relating to brothels doesn't provide a definition of what a brothel actually is - sorry I can't help more.

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It seems I overlooked section 142 of the act, and the parts that I mentioned do not apply to Scotland, my apologies.

I'm afraid the only Scots law I can find relating to brothels doesn't provide a definition of what a brothel actually is - sorry I can't help more.

No apology due! CPS, for all their multiple faults, and POCA greed, do at least come relatively clean with 7,000 words of their views and policy on the law. Here in Scotland, and the FoI(S) statute, in this area differs from its English father in only one word, our gang have to show that the "prejudice" would be "substantial", unlike the Anglos who only have to show prejudice, to claim exemption, the Lord Advocate will disclose NOTHING! It is, therefore, without taking the risk of setting oneself up as a test case, bloody difficult to work out exactly what the law is!

Edited by Irgendeiner

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Thanks so much for all your help :)

Jeez, the law is complicated! You'd think they would at least define what it is they are prohibiting!

I was not thinking of opening a brothel or anything, was just curious to what the actual definition was of services which make a 'brothel' a 'brothel' for the purposes of law in Scotland x

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