We have figured out a loose way to run an escort agency without this being a problem. I will keep you posted as I get that information together.

The Escort Law Review

Since Canada doesn’t post their rulings in timely manner, we have to wait to see the official ruling, but we will keep you posted if anything has changed.

The Supreme Court of Ontario affirmed two-thirds of a prior ruling that had declared most prostitution-related laws in Canada unconstitutional, at least as applied in Ontario. There are three parts to the ruling.

The easiest to understand is the portion which declares invalid the prohibition against “keeping a bawdy house” which means that escorts can maintain a residence or have a standing relationship with a hotel even if the purpose of that residence or hotel is to provide a location for prostitution-related activities. This provision of the ruling will not take effect for one year, to allow for Parliament to create new laws that are consistent with the ruling.

The second part of the ruling reverses the lower court and reinstates the laws prohibiting communicating for the purpose of prostitution, which essentially outlaws most forms of open communication, such as advertising or soliciting for prostitution.

The final part of the ruling is the least clear. The Court struck down the laws prohibiting “living off the avails of prostitution” in Section 212(1)(j) of the criminal code, but only with regard to persons who do not do so “in circumstances of exploitation.”

This part of the ruling becomes effective in thirty days. Like many court decisions, this one likely has simply set the stage for more litigation in the future, as the court declined to define what exactly constitutes “circumstances of exploitation.”
The Crown’s initial position appears to be that conventional escort agencies would continue to be illegal as they are necessarily “exploitative.”

Commentators are lining up on both sides of this issue with legal experts similarly split. Perhaps the most cogent analysis on the subject came from a barrister who suggested that the intention of the court was to look at the “direction” of the transaction. Essentially, if it is the escort hiring the staff (drivers, bodyguards and office workers), it would be allowed, but if it is an organization seeking to hire prostitutes to work for them, it would not be allowed.

Specifically, the court seemed interested in the question of whether a person who was already a prostitute was taking actions to protect themself vs. whether a business was attempting to induce people to become prostitutes who were not that already.

Essentially, as long as the sex worker is in control of the support staff, it will not be seen as exploitative, but if it is others who are in control of the escort, it would be. Of course, this is all subject to future interpretation.

While it is a substantial loosening of current restrictions, it is not the complete victory that the plaintiffs had hoped for. One additional reason why the ruling was not as instructive as it could have been is that the plaintiffs were generally street prostitutes and the arguments made in the case were basically arguments surrounding the practice of prostitution, not what is traditionally known as “escorting.”

This is Michelle talking now…

What I find amusing is that there are many workers worldwide who are abused by their employers, but they somehow think that an agency hiring escorts is abusive. Yes there are employment rights, but how many workers actually take a company to court & if they wanted to make sure escorts weren’t abused, they could have a set or rules to prevent this from happening.

We have figured out a loose way to run an escort agency without this being a problem. I will keep you posted as I get that information together.

The Escort Law Review

So I came across a question about whether this Family Guy episode about prostitution was accurate, so after I finished laughing at the You Tube video, I asked legal his take and he said…

“It all depends on what the perceived primary motivation of the transaction is.  If he’s paying her, and filming it, but just wants the footage for himself and doesn’t do anything commercial with it, it’s prostitution.

If he’s paying her and filming it, not for sexual pleasure, and he wants to sell and distribute the video, then the primary purpose is commercial.

It’s a very grey area, and hinges on a very narrow technicality regarding whether the exchange of money was for the sex or for the distribution rights.”

So with the warped logic in the United States when it comes to the escort industry laws, here is how I read this…

If a guy has sex with a gal in a porno & ejaculates & gets pleasure from that because of her and that is MADE PUBLIC so the ENTIRE WORLD can gawk and see this sexual act and masturbate or have sex at home, that’s okay & ALL legal. BUT, if a customer pays for a prostitute’s time and they end up having sex together and it’s PRIVATE where NO ONE CAN SEE, that’s AGAINST THE LAW.

I must be REALLY REALLY STUPID, because I can’t see the logic in this AT ALL.

Do you???

Oh I forgot, what we do in our private bedrooms is the government’s business and since they are allowed to control our private sexual lives (you know how they love to watch right? LOL) they can make up laws surrounding our sex or intimate acts. STUPID MEEEEE! Why didn’t I think of that!!!

Actually I should have said, “and since they are allowed to control our ENTIRE lives!” How BDSM of them.

Like do you know how many states outlaw anal sex?

Michelle
Keeping you Abreast of the Laws in the Escort Industry

First I have to say this…

So many escorts who have been escorting for years think they are lawyers (attorneys) when they are NOT!!!

Then they write up some blog post telling other escorts how to handle the law & then escorts think they are safe.

Bottom line is this… If the person you are getting your legal education from is NOT an attorney  (lawyer or barrister) or wasn’t in a past profession & isn’t researching the law TODAY, because laws chance every day, then I DON’T recommend you listen to them. Your life or career may depend on it.

It may be easier to listen to someone tell you what you want to hear, but do you REALLY want to risk it???

This is why we offer fully researched legal information, because at The Escort Law Review, we know where to find the up-to-date laws & we have connections to a former attorney. We don’t pretend to be something we are not!

If it sounds like I’m upset, I am. Many times in the past I’ve grabbed some escort legal advice off the Internet, hand it over to my guy to ask him if this is TRUE, & he tells me NO!!!

Now back to the legal lesson this post is about…

So contrary to what people who are just plain stupid think, it’s NOT OKAY for someone to RAPE OR ASSAULT an escort.

Escorts may be open minded, but they also have the RIGHT to say NO if they feel the client is unclean, there’s something emotionally wrong with them, they are requesting services she doesn’t feel comfortable with, or they are just plain being a PRICK or Scary.

Bottom line is, clients are paying for the escort’s time, nothing more.

So what does an escort do when a client assaults or rapes her??? Is she protected enough to go to the police?

Well the answer is, depends on the country & the mindset of the police in the city you live in.

I’m writing this post up because some American escort wrote a post on a blog stating that the law protects her if she goes to the police to tell them she was raped & UNFORTUNATELY I found out that’s NOT true. While the cops in that precinct probably wouldn’t use your escort profession against you, the law doesn’t state they should ignore it either.

It sucks I know, they would have to be REAL assholes to use your profession against you, but I want you to know what you are up against.

Now if you are in countries like the UK, Australia, Germany & certain parts of Canada, the cops should support you NO PROBLEM.

So here is what is recommended.

1. Tell the police you were raped.
2. Tell them you are concerned about disclosing the entire story of what happened because it could implicate you in an unrelated minor crime.
3. Ask for a written assurance that what you say won’t be used against you criminally.

   You don’t have to say you are an escort, but if they press, saying so doesn’t mean you’ve committed any crime.
   While getting a statement from the DA is the best way to go, it’s highly unlikely at that point you’d be able to get that, so a written statement from a police officer should probably convince a judge not to pursue any charges against you.

You HAVE to take these assholes down if they assault you or rape you. You can’t let them get away with it. You are a HUMAN BEING & if you don’t feel comfortable with the client, you have the right to say NO!

The Escort Law Review

Please ONLY hire escorts. There is a HUGE difference.

1. http://www.myproviderguide.com/escorts/los-angeles/free-posts/w4m/3264798.html – freakytina1980@yahoo.com

http://www.myproviderguide.com/escorts/los-angeles/free-posts/w4m/3264798.html

Unless someone is forcing someone, working as an escort or hiring one or being an agent of an escort is NOT, in my opinion, a criminal act. I say that even if they feel they are or society and the law tries to label them that way.

So back to my point…

These criminals use the fears of men who hire escorts to blackmail (extort) money from them. The fear of them getting caught by their wife.

One such man just came to me clearly very upset on the verge of a nervous breakdown. He doesn’t want to lose his wife (usually most men who see escorts don’t, that’s why they see escorts & don’t take on a mistress), & so he kept paying these crooks the money they demanded from him.

They harassed him every day with e-mails, phone calls & threats.

He hired us to not just vent, but to help direct him on what course of action he could take.

If you are a client who sees escorts, & you EVER get yourself into a situation where you are being blackmailed by criminals, please come talk to us. Do NOT let these assholes take advantage of you. I would NEVER condone such behavior & not because it’s against the law, but because it’s just morally disgusting in my opinion & I follow my own moral set of codes just like most people in the escort industry do.

Michelle

Here is the text ad you can place on your links page (we prefer text ads)…

<p><a href=”http://escortlawreview.com” target=”_blank”>The Escort Law Review</a><br /> provides Legal Products & Services for the escort or adult industries catering to independent escorts, agency escorts and of course escort services.

Our legal analyst helps take care of several legal areas that are important to you if you are looking to start or run a business in the escort industry. We provide top notch service, charge you affordable prices and we care about you as our client.</p>

Contact us to do a link exchange.

Thank you, & we look forward to doing business with you.

Michelle
Escort Law Review

I’m often asked if it’s a good idea to have an escort service set up in one location in one state, & then offer escorts in multiple states. I also get that question from people who want to work as escorts.

Since I’m not a lawyer, I refuse to answer that question, but here is the article we created to address that issue…

It’s called “Elements of Common Prostitution Related Offenses”

You can purchase it here…

For Escorts
For Escort Service Owners

Let me know if you have any questions.

Michelle
The Escort Law Review

I was just approached by someone who isn’t a client of Exotic Publishing Become a Successful Escort or The Escort Law Review, but she’s spoken to me over the last several months about other products & services I offer.

The police came to her home, tricked her, & because she didn’t understand her rights, she allowed the cops to take advantage of her.

Now she’s lost all of her savings & other items & may face a criminal record.

This wasn’t about her NOT having the money to purchase our legal articles teaching you about the escort industry,  your rights & business, this was about her NOT being smart & probably being cheap & hording her money.

So while I NEVER wish this legal situation upon anyone, the fact that it could have been avoided is what really IRKS me.

I hope she has learned her lesson & escorts & escort agency owners alike… let this be a lesson to YOU TOO!

If you don’t care about educating yourself on how to run a professional escort service, or you are an escort & you don’t care about learning how to be a successful escort, that’s fine, but at the VERY LEAST, you HAVE to learn about the law & how to make it work for you!!!

Failure to do so when you have the products & services right in front of you means you deserve what’s coming to you!

I don’t mean to be harsh, but it just pisses me off how me & my team put so much work into legally educating the escort industry & you just ignore what we have to offer. Then I get e-mails that make me MAD! Because no escort or escort service owner should allow this to happen to them.

Michelle
The Escort Law Review

While we don’t consider escorts to be sex workers or prostitutes and we feel there is a clear distinction between the two professions, we acknowledge that escorts almost always have to be open minded because men are seeking full companionship. Like in most intimate relationships, there is usually an element of intimacy.

For this reason, the overturning of the laws associated with prostitution (not prostitution itself since prostitution was never illegal in Canada) is crucial to the advancement of the escort industry.

We would have preferred that the plaintiffs be escorts instead of sex workers aka prostitutes, but since that is not the situation, we can only deal with what we have.

For this reason, we encourage all people who are in favour of the escort industry (escorts, escort agency owners, clients of escorts, friends and family of people who work in the escort industry, or just supporters in general) to sign our petitions while this topic is HOT!

The laws on the books now (mostly written in the 1960s, some much earlier)

Canadian law presents a paradox when it comes to prostitution.  While the act of prostitution itself is not illegal in Canada, the law severely restricts the manner in which prostitution may be practiced.  The laws were originally intended to reduce the blight (negative impact on neighborhoods) caused by street prostitution and to protect women from the violence and control of pimps. Unfortunately they have had the unfortunate effect of rendering any organized escort service illegal regardless of the improvements they provide both in the areas of safety and normal business operations.  In fact, government leaders have expressed no need to criminalize prostitution, since in virtually every case one or all of the following parties (the escort service owner, the escort herself, or the customer who hires her) has violated the law in some way when any act of prostitution occurs.

The primary laws that affect the business operations of escort services and independent escorts are the following:

• Communicating for the purpose of prostitutionThis law is intended to curb street prostitution and customers propositioning women on the street which prevents any kind of solicitation in a public place.Courts have interpreted the “public place” requirement to mean any offers or soliciting that takes place on the street, in a public establishment such as a casino or hotel bar, or anywhere that involves one party in a vehicle while the other party is outside.

  Places and means of communication that have been held acceptable (not) “public” for purposes of this law are:  Hotel rooms, private homes, when both parties are within the same vehicle, direct telephone, text or e-mail communication, and any location where both parties would otherwise have a reasonable expectation of privacy.

  “Communicating” generally does not include print or internet advertising, but is acceptable if done by the prostitute, not third parties such as escort agencies or others operating on her behalf.  Most law enforcement agencies in Canada believe that except in areas where escort agencies are allowed and regulated (generally in BC), virtually any advertisement by an escort service violates this law.

• Keeping or being within a “Bawdy HouseAgain, intending to curb neighborhood blight and concentrations of prostitutes -  the laws prohibit most forms of incall prostitution, whether involving the woman’s home or regular use of some other premises such as a particular hotel.Hotel operators or landlords with knowledge of prostitution activities taking place on their premises may be prosecuted, as well as others “found within” such premises who have knowledge of what is happening there.  Examples would include domestic partners and roommates.
• Living off the profits (avails) of prostitutionThis law essentially makes it a crime for anyone other than the prostitute themselves to profit from the act.  Designed to protect women from street pimps, the law operationally makes the business of running an escort agency illegal since generally speaking, escort agencies share the fees paid by agency customers along with the escort and others.  If the escort agency owners know (or reasonably should know) that acts of prostitution are occurring, then receiving money is considered living off the avails of prostitution.This applies whether the money comes directly from the escort agency’s customers, or from the escort herself with the escort agency retaining some portion of the proceeds.

  As the law stood, it does not matter if the money being split with the escort service owner’s is to cover operating costs, driver’s fees, advertising, etc. Bottom line, any escort service owner or any non-escort support staff who receives earnings from acts of others’ prostitution falls under this law.

These laws combine to severely restrict the ability of escort agencies to advertise their services and create a difficult scenario where an escort service must adopt a business image similar to their counterparts in the United States.  In the US escort services can only operate by clearly advertising that the transaction is not for sex at all, but only for the time and companionship of the escort.

Escort agency owners must disclaim any knowledge of what happens between the escorts and the customers therefore potentially increasing the risk of harm to everyone involved (the escort, the escort agency owner and support staff).

Most escort services contractually prohibit their escorts from engaging in sex acts with customers for money and this denial increases the following:

• the likelihood of disease
• society feels it has carte blanche to make fun of, judge and degrade anyone involved in the escort industry
• deep emotional scarring on the psyche of the escort – the denial of the reality of the escort industry convinces escorts and those around them that they are doing something morally and criminally wrong. This extreme stress leads to drug and alcohol abuse and most everyone hiding from society and living in fear. Stress and fear is no humane way to live life.
• welcomes and encourages criminals into the escort industry and
• potential physical harm to both the escort or the client (although it’s on the very low end of the scale, escorts who are raped or physically abused by clients or their buddies don’t often go to the police. Instead of being forced into only providing outcalls where the premise is unknown to the escort, if escorts and escort agency owners were free to provide incalls, there would be less potential harm to the escort.)
• armed robbery of either the escort’s money or the escort agency’s money
• extorting (blackmailing) money from either the escort or the escort agency owner (examples of who extorters is the mafia, biker gangs, dirty cops, etc.)
• some customers think they can abuse escorts physically, sexually and emotionally because the escort industry is closeted and cloaked in shame. Studies have never been done to determine how many escorts are raped or gang raped because people think “they have it coming”

In order to comply with the law, escort agencies in Canada seeking to advertise whether over the internet or in print media, will need to take a purely “money for time and companionship” stance in their communications.  Independent escorts are generally not held to these standards.  In Canada there are ample examples of individual escorts advertising in print media and on the internet stating specific acts and prices.  In Canada, almost everything that involves third parties then becomes a crime.

The Great News Regarding Changing the Prostitution Laws

On September 30, 2010, Judge Susan Himel of the Ontario Superior Court, the highest Court in Ontario, ruled in a case involving three current or former sex workers who self-identify primarily as street prostitutes.

The judge stated that the three criminal laws outlined above violate the Canadian Constitution in various respects.  Essentially the Court’s findings determined that these laws impaired the ability of women to safely practice prostitution (a legal occupation in Canada) and operate as legitimate businesses.

How this helps the escort industry:

• if it is no longer illegal for a third party to accept proceeds from an act of prostitution, escort services will be able to operate openly and without the legal fiction they now require.
• Advertising will become much less of a gray area, and women who choose to associate with escort agencies will be on a level playing field with independents.

What has taken place since the laws were overturned

The Justice Minister has appealed this decision on behalf of the Federal government.  As a result, implementation of this decision has been stayed until February 12, 2011. This has been conditional based on the parties agreeing to an expedited appeals process that would permit the appeal to be heard and decided by that date.  In the event the appeal is not over by that date, it is anticipated that the mandated changes will go into effect, though another decision by the courts could still reverse even that result so we end up back right where we started from.

At about the same time, the highest Court in British Columbia agreed to change course and permit an advocacy group for sex workers to intervene in a similar case that has been pending there since 2008.  Although some cities within that province have licensing and regulatory schemes in place that permit escort agencies to operate and advertise openly notwithstanding the Federal laws described above, there has been a push by sex workers and advocacy groups in the province of British Columbia to have those laws reversed with the effect being that all escort agencies and escorts can operate in an open free society.

Escort agencies as well as independent escorts are well advised to keep in touch with The Escort Law Review as we come across developments in these cases.

While the affirming (or upholding) of the Ontario decision will only affect that Province initially, because the Canadian Supreme Court (the federal governing body) is now involved in the case, a positive ruling by them could well have national effect.

Once again here are our petitions:

Canada
US – Escort Services
US – Independent Escorts