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stu1970

legality of escort agencies and brothels

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I've read a bit on the law concerning these areas but I'm still a bit confused.

Am I right in saying that if you have more than one girl working from a premises at the same time then you can be classed as running a brothel and are basically asking the trouble as far as the law in concerned?

In terms of running an escort agency it seems a little bit more vague. I've read articles saying it's not illegal to run an agency as long as you stay clear of advertising sex and leave it in that grey 'what happens between client/escort is nothing to do with me after I've made the introduction' area. However, you still see the occasional news story about owner of agency in court for controlling prostitutes etc. So what is the case? Is running an agency legal or not? Is some common crossing the line into blatantly advertising sex that tends to link cases that go to court or is it just totally random who the authorities go after? 

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1 hour ago, stu1970 said:

I've read a bit on the law concerning these areas but I'm still a bit confused.

Am I right in saying that if you have more than one girl working from a premises at the same time then you can be classed as running a brothel and are basically asking the trouble as far as the law in concerned?

In terms of running an escort agency it seems a little bit more vague. I've read articles saying it's not illegal to run an agency as long as you stay clear of advertising sex and leave it in that grey 'what happens between client/escort is nothing to do with me after I've made the introduction' area. However, you still see the occasional news story about owner of agency in court for controlling prostitutes etc. So what is the case? Is running an agency legal or not? Is some common crossing the line into blatantly advertising sex that tends to link cases that go to court or is it just totally random who the authorities go after? 

Controlling a person's prostitution is an offence. It would seem there are many different opinions on this, Agencies are arranging bookings which I think does constitute control. The disclaimer about time and companionship is considered a bit of a waste of time.

I'm sure our legal eagles will be along in a minute with some case examples.

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I don't pretend to be a legal eagle but it didn't take long to find the following case which would seem to answer the question:

 

R v Farrugia, Borg, Agius, and Gauchi, (1979) 69 Cr.App.R 108, concerned an escort agency. The defendant Agius thought up the system and considered they would not be guilty of any offence. Girls went to and sat at the agency which was advertised widely. Those who knew would telephone and ask for "escorts". Mini cab drivers, two of whom were Farrugia and Gauchi, were under the directions of Agius.

A driver would take girls on an assignment. On arrival at the destination the driver would introduce the girl to her assignment and collect the agency's fee, usually £17.50, and his fare. There was no evidence that the fare was excessive. Nearly all the activities were late at night.

At the trial an attempt was made to prove that the agency was genuine, although evidence to the contrary was overwhelming. The defence submitted that this did not prove the defendants "knowingly lived wholly or in part on the earnings of prostitution". They may well have made part of their living out of prostitution but that was not the same as living on the earnings of prostitution.

All four were convicted. Their appeal to the Court of Appeal was dismissed on the basis that all four knew what the girls intended to do. What they received came from intended prostitution - as earnings. As with Calvert v Mayes (1954) 118 J.P. 76, No direct payment had to be proved. R v Ansell [1974] 3 All E.R. 568 and Shaw, supra applied. All sentences were reduced.

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I have the feeling ( but no certainty) that the above case relates to law which has been superseded. As I understand it brothels are illegal. Agencies which act as intermediaries between independent escorts and clients are not breaking the law (subject to having good tax returns) but those which operate by hiring women and providing accommodation are probably falling foul of the 'controlling' law, and possibly law covering brothels.

If I use an agency I try to ensure that it's one which is an intermediary, and I run scared of any hint that an agency or organisation is offering more than one woman in any given location.

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15 hours ago, pabulum said:

I have the feeling ( but no certainty) that the above case relates to law which has been superseded. As I understand it brothels are illegal. Agencies which act as intermediaries between independent escorts and clients are not breaking the law (subject to having good tax returns) but those which operate by hiring women and providing accommodation are probably falling foul of the 'controlling' law, and possibly law covering brothels.

If I use an agency I try to ensure that it's one which is an intermediary, and I run scared of any hint that an agency or organisation is offering more than one woman in any given location.

You may be right but I don't know either. All I can say is that I Googled living off immoral earnings and the case I quoted was from the second hit:

http://www.rjerrard.co.uk/law/articles/livings.htm

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1 hour ago, Bob the Builder said:

You may be right but I don't know either. All I can say is that I Googled living off immoral earnings and the case I quoted was from the second hit:

http://www.rjerrard.co.uk/law/articles/livings.htm

When were these cases?There isn't currently a 'living of immoral earnings' offence, it's now 'control for gain'. There has to be element of control eg organising bookings, or telling someone to get to work.

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