Are Strippers Prostitutes? Can We Get Charged?

[FalconHawk]

I know that prostitution is legal in Canada. There are a variety of prostitution related offenses. One of them is communicating in a public place for the purpose of obtaining the services of a prostitute, the typical street walker situation. But what about strip clubs? Say you talk to the girl at your table ( a public place ) and she says there are two types of dances, $10 and $20. For $20 you can touch. You agree to the $20. Clearly what is implied is a sexual touching, so has the offense been consumated at this point? ( If you are in the street and you agree to a blow job for $20 with an undercover cop you get nailed on the spot, no money exchanges hands and no sex need take place). It is the agreement to the sex act in a public place that is important. So I guess my question is, if you cut such a deal with a stripper who happens to be undercover, can you get charged at this point?

Let's say you go to the room. She starts to dance and you touch her. Again, this touching is sexual in nature. Given that prostitution is sex for money, can this be construed to be an act of prostitution? Or does a penis have to be inserted into a vagina to support such an act. And, at this point, could you be charged? After all, having "sex" with a prostitute in a public place is not a criminal offense.

 

[Goober Mcfly]

So I guess my question is, if you cut such a deal with a stripper who happens to be undercover, can you get charged at this point?

I am not a lawyer, but I believe the answer is "Yes".

Let's say you go to the room. She starts to dance and you touch her. Again, this touching is sexual in nature. Given that prostitution is sex for money, can this be construed to be an act of prostitution?

Again, IANAL, but I believe the answer is "Yes".

Or does a penis have to be inserted into a vagina to support such an act. And, at this point, could you be charged? After all, having "sex" with a prostitute in a public place is not a criminal offense.

Having sex with *anyone* in a public place would be a criminal offense. And there are many more acts that are considered "sex" than just intercourse, contrary to what Bill Clinton may say.

There, but for the grace of God, go I....

 

[Stealth Charmer]

Wrong offence guys

The cops won’t charge u with public solicitation, they’ll hit u with being found in a common bawdy house, a summary offence under the criminal code. The cops need to prove that indecent acts occurred in the SC and you were “found in” the SC without a lawful excuse.

I believe there are some recent decisions finding that lap dances are indecent. So if the cops can prove that there was some good rubbin goin on, they’re gonna get u on this part. Once they prove the indecency element, they still need to prove that u were a “found in”. If they found you inside the VIP, you may be fucked. That’s who they charged during the Fantasia raids. The borders of a common bawdy house are defined by where the indecent acts occur - in one case a parking lot used by prostitutes was a common bawdy house. That’s why the cops tend to charge the customers in the VIP.

If you’re a “found in”, then u can still beat the rap if u had a lawful reason for being there. Any suggestions?

 

[[ALIMEISTER]]

I was horny and wanted some booty...j/ks

 

[DenWa]

Just say you're a reporter and you're doing an in-depth story on getting some booty.

DW

 

[TheNiteHwk]

Yes...

Some dancers are also SPs. And yes you will be charged. A huge sum. Some are asking $600 or more for 'take out'.

Seriously though... the communications in a public place law was made mostly for street prostitution. LE was just looking for some teeth to battle problems caused by aforementioned.

 

[C Dick]

As far as I know, there has never been a case of a policewoman posing as a dancer to bust customers. Has anyone ever heard of this? I don't think it would ever happen.

 

[Quest4Less]

As far as I know, there has never been a case of a policewoman posing as a dancer to bust customers. Has anyone ever heard of this? I don't think it would ever happen.

Simple solution to figure it out.... just wait til you see a stage show. No way a cop would get naked.....

 

[C Dick]

Re: Stage Show. It would be over even sooner. The first guy that she asks that does not solicit her (e.g. the first guy she asks) she must now dance and get naked for. It would never happen.

 

[Dave in Phoenix]

Actually the 1999 Canadian Supreme Court ruling in the Montreal Strip Club case seems to be very clear.

The bottom line is touching dancers by customers including sexually is legally supported as long as it does not involve "masturbation, fellatio, penetration or sodomy."

I have a lot of details on the case at
http://www.sexwork.com/montreal/lapdancing.html

Of course this is the criminal law, many cities have bylaw (licensing) restrictions that are more restrictive where only the club is at risk of having its license revoked or fined...important but not criminal.