Sexy Friends Toronto

Puritan Harper CONS to "fast track" prostitution bill

GPIDEAL

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Jun 27, 2010
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BINGO!!! Look at the situation in The U.S. were it is illegal for both Girl & client. In all major cities Incalls & OutCalls are thriving ..... and are advertising on BACKPAGE. Cops & communities worry more about other things than consenting adults involved in this Industry.... PERIOD!!
They don't get everybody, but they do have stings. They catch people and post their names. I believe they even caught a Canadian M.P. (from Saskatchewan or Alberta).

The risk of criminal prosecution is still real regardless of the extent of enforcement measures.

However, regulars of established indies will have less risk, but it's not like there won't be any risk.
 

GPIDEAL

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Jun 27, 2010
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I don't see much denial. But, it's still much too soon to know what c36 will look like in its final draft.
It won't change by much.

"Wait and see" to me applies to what extent it will be enforced, but the final draft will still make johns criminals.
 

GPIDEAL

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Jun 27, 2010
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There is no imminent danger of the evidence being destroyed unless they tell an agency or SP in advance that they're going to bust them. If they want to get to those records they will have to get a warrant before they proceed.
They don't have to bust the SP or agency. They will ask them for their records at or near the time that they've nabbed a john or johns. If the SP refuses, then they may seize the evidence. (So this means that SPs or agencies have to be careful what they record).
 

Aardvark154

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There is no imminent danger of the evidence being destroyed unless they tell an agency or SP in advance that they're going to bust them. If they want to get to those records they will have to get a warrant before they proceed.
Easy enough in a case such as this to get a warrant which lists cell phones and cell phone records.

Further, even if through an instance of amazing slackness it was not on the warrant, it is easy enough (and the courts will probably allow) for police to say please put your cells into these individual plastic bags, 'no we are not seizing them, we are merely preventing you from tampering with them while we obtain a warrant which should be here within 40 minutes.'

So we can argue whether nor not exigent circumstances exist (and I'd strongly advise police to obtain a warrant first). But I'm pretty sure the cell phones and records will be coming into evidence unless the police are total blockheads.
 

GPIDEAL

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They exist. They're called phones now.

And it really isn't that far fetched to imagine a scenario where phones, tablets, computers credit card records (for those who accept credit) may be subpoenaed or seized by warrant as evidence of a suspected crime. The question then becomes whether the owner of those records would testify to the context of the information.



That's what I thought. Then someone pointed out to me that leverage isn't exclusive to sex activities. Do you think every SP lives a squeaky clean life? The example put to me was what if an SP is caught on another unrelated charge? Would you count on her to take one for the team? More to the point, how many sexworkers do you know actually think of this as a "career"?

Agreed on both points.

It's ironic that a recent re-run episode of Blue Bloods included using leverage against a N.Y. SP to reveal names of her clients and other details, however in the U.S. the leverage is greater since selling is also illegal.
 

GPIDEAL

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Jun 27, 2010
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I think workers have a good incentive not to incriminate their clients. Once an SP gets a client convicted, I imagine her career will be pretty much over.


It's only about communicating in public next to a school or playground. It does not apply to communication in a private location.

I don't necessarily agree with your first point but do agree with your second point.

On the 1st point, without proper legal counsel or advice on how to protect their client's privacy, some SPs may be afraid and testify. How would anyone know if one of their johns got pinched? Disclosure assumes the john provides a 'negative experience' review but that might be counter-productive as it could be viewed by LE and used against him at trial.

If I may ask, could an SP's right to sell sex afford her the right to protect client confidentiality? Does it establish privilege? Could this be a Constitutional Question?
 

GPIDEAL

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Jun 27, 2010
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It won't be a single escort and a single client. It will be a single escort and every client from her appointment book that the police can locate.

You are saying she could easily lie, and it would be tricky to catch her, but why would she? She isn't facing any charges, the ONLY way she gets into legal hot water is by lying under oath. OK, so the police MIGHT not be able to prove perjury, but would you take that bet?

If you were that escort would you REALLY lie under oath? You have nothing to gain and everything to lose by lying. You can admit the truth without charge, but if it is proved you lied under oath then you go to prison.

I cannot imagine any lawyer ever advising an escort to perjure herself, all risk for no reward for her, so 9 out of 10 times she will sing.

I tend to agree. It would take a very smart escort to evade questioning. She's done if her ads include a menu. Merely mentioning 'companionship services' could be an admission of sexual services.
 

Siocnarf

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Aug 14, 2014
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If I may ask, could an SP's right to sell sex afford her the right to protect client confidentiality?
I don't think so. Selling is still an unlawful act. They are just not being prosecuted.

However, I'm not sure how it works for witnesses. Why can't the defense get the escort as a witness instead of the crown? If I was in court I would pay the time for my lawyer to coach the escort for her testimony.
 

fuji

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As for SP's testifying in court or against a client, i'm sure many SP's would rather fail to make it in time for the case due to traffic or over sleeping, etc.
...
What is the chance of being caught lieing? One in a 100? The punishment? A few days in jail? Could be better than losing one's career.
We are not talking about traffic court here, if a witness who had been ordered to appear in criminal court fails to show up the judge will issue an arrest warrant and force them to show up. If they show up but refuse to testify they will be held in contempt of court and jailed until they change their mind. Once on the stand if they are caught lying and convicted of perjury the penalty is up to 14 years in jail.

Criminal court doesn't fuck around.
 

fuji

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I tend to agree. It would take a very smart escort to evade questioning. She's done if her ads include a menu. Merely mentioning 'companionship services' could be an admission of sexual services.
And things won't go well if after she denies under oath providing a sexual service police produce a recording from an undercover of her offering one, or a signed confession from a customer she denied having sex with, say if he plead out for a conditional discharge.

An SP ordered to testify who faces no criminal charge for admitting the truth would be stupid to risk 14 years in prison by lying to save her client from a conviction.
 

GPIDEAL

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http://en.wikipedia.org/wiki/Perjury


I just need a quick primer on perjury, obstruction of justice and contempt of court.

If an SP refuses to testify, that is not perjury but contempt of court and obstruction of justice right? Is there jail time for these charges?
 

Siocnarf

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She's done if her ads include a menu. Merely mentioning 'companionship services' could be an admission of sexual services.
They still have to prove that the accused clients paid for a sexual service. Even if she is known to offer such services, it does not prove that client X got those services. Here's an analogy: if you see me walking in an out of a restaurant, you don't know what I bought while I was there.
 

escapefromstress

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I tend to agree. It would take a very smart escort to evade questioning. She's done if her ads include a menu. Merely mentioning 'companionship services' could be an admission of sexual services.
Speaking of ads - SP's won't be able to find and delete every old ad they've ever placed online, so how will they deal with that?
 

fuji

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They still have to prove that the accused clients paid for a sexual service. Even if she is known to offer such services, it does not prove that client X got those services. Here's an analogy: if you see me walking in an out of a restaurant, you don't know what I bought while I was there.
Here is how it happens, she is served a subpeona as a witness and three of her clients are arrested. She goes under oath and denies having sex with any of them. The prosecutor then makes a deal with one of the three getting him to sign a confession in exchange for a slap on the wrist. She now faces 14 years in prison for lying under oath, and the prosecutor goes after her and the remaining two clients.

Why would she risk that, when she gets off scott free telling the truth?
 

GPIDEAL

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And things won't go well if after she denies under oath providing a sexual service police produce a recording from an undercover of her offering one, or a signed confession from a customer she denied having sex with, say if he plead out for a conditional discharge.

An SP ordered to testify who faces no criminal charge for admitting the truth would be stupid to risk 14 years in prison by lying to save her client from a conviction.
Yeah, I saw that perjury could result in up to 14 years of prison time. Yikes!

http://en.wikipedia.org/wiki/Perjury
 

Siocnarf

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Speaking of ads - SP's won't be able to find and delete every old ad they've ever placed online, so how will they deal with that?
Previous ads before the new law are irrelevant. The only ads that would be relevant are those that we on at the time of the investigated crime.
 

fuji

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Speaking of ads - SP's won't be able to find and delete every old ad they've ever placed online, so how will they deal with that?
An ad for services provided before the new law comes into effect can't be used against you, you can always say you stopped after it became illegal.
 

GPIDEAL

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Speaking of ads - SP's won't be able to find and delete every old ad they've ever placed online, so how will they deal with that?
If an ad has expired it should not be online.

If it was 'stolen' by some other forum to place on their website to attract other advertisers, I would think the SP can show that it is not approved by her, and that it's old and that she doesn't offer a menu anymore. That's what I would tell the fuzz.
 

TeasePlease

Cockasian Brother
Aug 3, 2010
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It won't change by much.

"Wait and see" to me applies to what extent it will be enforced, but the final draft will still make johns criminals.
Why would anyone expect anything to change? The Chair of the senate committee just went on record to say that they won't be asking for any substantive amendments. Is there a rabbit in a hat somewhere?

http://en.wikipedia.org/wiki/Perjury


I just need a quick primer on perjury, obstruction of justice and contempt of court.

If an SP refuses to testify, that is not perjury but contempt of court and obstruction of justice right? Is there jail time for these charges?
A subpoenaed witness can't refuse to testify (as long as they're within the appropriate jurisdiction of the Court issuing the subpoena). Obviously you can't lie under oath. But, you also should not give any answer to which you are not certain of the answer. Don't guess. Don't assume.

I don't know about you people, but I'm terrible at recognizing faces and can't for the life of me remember names.....
 

Siocnarf

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The prosecutor then makes a deal with one of the three getting him to sign a confession in exchange for a slap on the wrist. She now faces 14 years in prison for lying under oath, and the prosecutor goes after her and the remaining two clients.
Does the client has any proof beside his own words? I would assume that it would take some solid proof to convict someone of perjury. Not a just he said/she said.

Anyway, according to Alan Young, your lawyer just has to state that he will challenge the constitutionality of the law and the crown will drop the case.
 
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