What is the legality of not paying a prostitute in a country where prostitution is illegal?
2006-12-21 21:37:07 · 24 answers · asked by angrysandwichguy1 3 in Politics & Government ➔ Law & Ethics
I'm not in favor of doing this, or prostitution, for that matter. Just curious.
2006-12-21 21:40:39 · update #1
"Is it illegal to not pay a prostitute? What is the legality of not paying a prostitute in a country where prostitution is illegal?"
The quick answer to your question is "No. A prostitute cannot seek legal enforcement of your agreement to pay for sex."
The reason is that contracts are unenforceable when the transaction that forms the basis of the contract itself is against the law. Some other examples: Contracts to buy a human being, contracts to buy illegal drugs, contracts to buy stolen property, etc.
If the suit were to be brought, you'd simply assert the defense that the contract is unenforceable for that reason.
However, your question assumes conduct that is illegal in the U.S. (with the exception of certain counties in Nevada)-- and while your failure to pay might not be "illegal" your participation in the transaction (sex for an agreed payment) is criminal in nature.
That said, a deal is a deal. A man of his word will do as he says he will do-- even where the law does not force it of him.
2006-12-22 03:58:55 · answer #1 · answered by ParaNYC 4 · 1⤊ 0⤋
SInce the protitution is illegal to begin with, I don't think you can get into trouble for NOT paying the prostitute. You can, however, be incriminated even for what is called 'travelling with intent'. So much as pretending to hire the hooker is usually illegal.
However, it IS illegal to not pay the prostitute if a certain area allows prostitution despite its country's general principles. For example, prostitution is legal in Nevada. Not paying a hooker there could result in a fine.
2006-12-21 21:42:39 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The bigger issue here is not the legal matter but more of the moral and ethics matter. Prostitution may be illegal but you had an agreement in the first place. It wouldn't be professional if you don't pay here as well as unethical and not to mention morally wrong.
Yes, prostitutes are still protected under the law and have equal rights as you so they can sue you and you would really regret it.
2006-12-21 21:47:59 · answer #3 · answered by vincentb88 2 · 0⤊ 0⤋
Actually it is a moot point. Prostitution becomes prostitution when the parties agree to exchange money for services rendered, not when the money actually changes hands. So it doesn't really matter because by agreeing to the act you have already commited a crime. This explains why during stings cops are able to both arrest a prostitue before she is paid, and why cops are also able to arrest johns before the act is completed and paid for. She would be foolish to call the cops though because either way they are both going to jail. Also in some jurisdictions, not paying a prostitute after she agrees to have sex with you is considered rape.
2006-12-21 21:46:23 · answer #4 · answered by Michelle F 3 · 0⤊ 0⤋
Prostitutes must be paid their due if there is a contract. If there is no contract, the prostitute can still demand for payment if the service can be proven. Legally, a prostitute cannot demand payment if the contract was verbal but the user is bound by the principle of natural obligation.
2006-12-21 21:40:58 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
It's not illegal because prostitution is illegal. Paying for sex would be illegal. However not paying the prostitute may cost you more then the price of the prostitute when her pimp or bodyguard beats you to a pulp.
2006-12-21 21:42:50 · answer #6 · answered by vampire_kitti 6 · 0⤊ 0⤋
If it could be proved that the man had no means to pay from the start or never intended to pay, he would most likely be charged with 'Rape' - having obtained consent by deception.
Further, having sex with a prostitute is not illegal in the UK so a man so doing, could be charged with 'Obtaining services by criminal deception'. (As I say it is not an offense to be a prostitute provided he/she does not solicit or loiter in the street or other public place for the purposes of prostitution)........
2006-12-21 22:06:27 · answer #7 · answered by thomasrobinsonantonio 7 · 0⤊ 0⤋
These people on here have weird answers. How is the prostitute going to sue you, I have never been to one, but I am pretty sure you don't give them your name and address when you make the deal. And I don't think it would be illegal to not pay her, it would just be like any other consensual hookup, and its not prostitution if you don't pay her.
2006-12-21 21:49:38 · answer #8 · answered by ???? 2 · 0⤊ 0⤋
No, it is not illegal to "not pay a prostitue". You cannot enforce a contract that is in violation of laws that are already in place. However, in parts of Nevada, where prostitution is legal, it is illegal not to pay a hooker for services rendered.
However, most prostitues are like McDonloads, you pay first before you get your milkshake... they're not like Dennys, where you get to eat first and pay after you're done with your plate load.
2006-12-21 21:58:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Where prostitution is illegal, you are breaking the law by engaging in intercourse with the professional. If you refuse to pay, you are breaking an oral agreement and she, or her pimp may sue you...or just take it out of your hide. If you receive a service, pay the girl and tip well.
2006-12-21 21:40:01 · answer #10 · answered by hartless63 4 · 0⤊ 0⤋