The following activities have been found to constitute a sexual service or an act of prostitution, if provided in return for some form of consideration: lap-dancing, which involves sitting in the client’s lap and simulating sexual intercourse;[31] masturbation of a client in the context of a massage parlour, whether or not the client climaxes;[32] and, sado-masochistic activities, provided that the acts can be considered to be sexually stimulating/gratifying.[33] However, jurisprudence is clear that neither acts related to the production of pornography,[34] nor stripping[35] meet the test. In most cases, physical contact, or sexual interaction, between the person providing the service and the person receiving it is required; however, acts for which consideration is provided that take place in a private room in a club and that are sexual in nature, but do not involve physical contact between the “client” and “performer”, such as self-masturbation, have been found to constitute prostitution.[36]
In short, whether a particular service meets the test outlined above is a factual determination to be made by a court. Applicable jurisprudence provides flexibility in addressing new ways of effecting prostitution, while also limiting the scope of such offences to acts related to prostitution, consistent with its objective of reducing demand for sexual services.
