could self masturbaton be considered prostitution?

Question

I am trying to argue for my law class that a girl who s paid to masturbate in front of a man could not be arrested for prostitution if there is no physical contact. Does anyone have any arguments against this, am I correct?

Answer 1

Any sexual act that another person pays for is an act of Prostitution, Engaging in sexual behavior for monetary gain is Prostitution!!

Answer 2

Statutory interpretation -

In court if the judge chose to use the mischief rule there is no actual physical contact but the woman is still being paid by the man to ingage in sexual activity.So it can still be interpreted as prostitution.

(Mischief rule) to determine meaning, words are interpreted by looking at what was wrong with the with the law before the Act was passed, that the Act was trying to put right.

This rule can be used here and you would need to prove that he is still paying for a sexual service.

SMITH v HUGHES - prostitues were soliciting from their windows and balconies as they thought they would by-pass the law as the Act stated - prostitues soliciting "in the street" were banned under the law as people were being bothered by them. Soliciting from baclonies/windows was interpreted to be included "in the street" as it was still breaking the law in regards to prostitution not guilty would be an injustice.

Answer 3

According to our law here, I would have to say yes. RSA 645:2 defines prostitution as "Solicits, agrees to perform, or engages in sexual contact" which is previously defined as "the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts". I guess masturbation qualifies.

Answer 4

That's a question how prostitution is defined wherever
you are. Depending on this might or might not be
considered prostitution. The law often speaks of
sexual service. This would likely be one. On the
other hand nude dancing is allowed. My personal
opinion though: This would be alot closer to "sexual
service" than to nude dancing.

Answer 5

He paid her to perform a sexual act. Whether there was physical contact or not...yes..could be considered prostitution if you can prove the "intent" was there.

Answer 6

The argument depends ENTIRLEY on ythe definition of prostitution used. And in this case, it would actually be the laws definition of prostitution.

Answer 7

Don't tell anybody...Don't confess... Simple, no charge.

Answer 8

Live porn, sounds like to me!