Court Rules Canada's Prostitution Laws Unconstitutional.

[Yoga Face]

What has always puzzled me is why the courts equate bare back penetration with any sex act such as a simple HJ or even the innocuous lap dance

 

[afterhours]

What has always puzzled me is why the courts equate bare back penetration with any sex act such as a simple HJ or even the innocuous lap dance

What has always puzzled me is that hand job is considered to be a sexual act in north America. Anywhere else in the world if a woman wanted to please a man it would be a bj or actual sex.

 

[Aardvark154]

What has always puzzled me is why the courts equate bare back penetration with any sex act such as a simple HJ or even the innocuous lap dance

What are you trying to say Yoga Face? As to the struck down sections of the Criminal Code (§§ 210, 212, 213) it is simply that prostitution involves paid sexual acts.

Now if you are actually writing of Sexual Assaults under § 273 & § 265. Canada chose not to create a separate crime of Sexual Assault when rape was abolished as a separate crime, but the logic was the same as in the jurisdictions that went that route - namely getting away from discussions of was there or was there not penetration (an element of rape under the common law)

 

[fuji]

The argument would be that criminalizing the act of prostitution itself - if legislated - would be an infringement on the "life, liberty and security of the person" provision of the constitution (s. 7) because it would increase the jeopardy to the girls by preventing them from accessing law enforcement assistance when beaten or raped and this infringement is not "saved" constitutionally by the negligible benefit to society of criminalizing a victimless crime.

The risk substantially outweighs the arguable and slight benefit.

Which is why they will criminalize only the buying of sex, leaving us with a worse legal regime than the one struck down.