"Escorts" and that disclaimer.

[Siam_Sam]

@Ponderoid

Perhaps you’re thinking of the Snopes article.

Possibly. I was sure there was a Straight Dope article, though. But thanks.

[UltraVires]

@Polycarp

Leaving aside any questions of ethics and morality, which are important, and focusing on the legal question:

It is not illegal to have sexual relations in private with a willing adult partner (issues of adultery to one side). It is, however, illegal in most jurisdictions to sell sexual services (prostitution) – leading to the old joke that sex is the one thing it’s legal to give away but illegal to sell.

Now, examine social practices of 50 years ago or so. A man takes a woman he’s interested in on an expensive date. While it’s at her discretion whether to give in to his advances for sex afterwards, there’s a mutual understanding, socially known, that he’s entitled to try, and while she’s entitled to refuse, she’s not entitled to get offended by his trying. (Again let’s ignore the moral question: that was a social norm of the time.)

But this translates to: I’ll take you out for an expensive dinner and a show, for the pleasure of your company. But there’s a subtext in my doing this that I want to have sex with you afterwards if you’re agreeable. Consenting to the date is not consenting to sex, but it is agreeing that you won’t get insulted by my making a pass.

Now, compare a restaurant waiter/waitresss. He/she is being paid (often a paltry wage) by the restaurant to wait on you at table. But there’s a social construct there that if he/she gives you good service (and in the absence of “No Tipping” notices), you are expected to give a reasonable tip.

Now, to the escort business. Leslie or Drake is selling you the privilege of taking them out to dinner, an evening’s enttertainment, or whatever, or the right to photograph them in whatever you want them to wear/not wear, or to appear at your party and dance for you garbed or not garbed as you agree. They are not agreeing to have sex with you in exchange for money, because that constitutes prostitution, a crime. However, like the waiter, there may be a social expectation present that is not a contracted element. Almost nobody would be willing to pay a complete stranger several hundred bucks for the privilege of treating them to a meal at your expense. However, Leslie and Drake can make a living by doing just that, with an unspoken commitment that, barring some reason, your night out with them is likely to end in bed.

But like the tip, that’s not an element of a contract – rather an expectation mutually understood.

Okay, so you are a jury member in a trial where an escort claims what you’ve just typed. Do you believe it, or do you think she’s covering for a prostitution scheme?

Do you think that there is a whole business around guys paying hundreds of dollars per hour to talk to a strange women about how their NCAA bracket is going and then she just thinks he’s so great that she wants to sleep with him now, the money notwithstanding?

If you and 11 others think so, then you can set new legal precedent…

[Polycarp]

@jtgain

Okay, so you are a jury member in a trial where an escort claims what you’ve just typed. Do you believe it, or do you think she’s covering for a prostitution scheme?

Do you think that there is a whole business around guys paying hundreds of dollars per hour to talk to a strange women about how their NCAA bracket is going and then she just thinks he’s so great that she wants to sleep with him now, the money notwithstanding?

If you and 11 others think so, then you can set new legal precedent…

Point taken. But you’re presuming (I believe) a trial for prostitution here. The point at which the distinction between “escort/model” and “call girl/rent boy” is worth noticing in the way I’ve pointed out is something very different.

To explain, let me draw an analogy. It’s illegal in most places to sell marijuana. But it’s quite legal (in the same most places) to operate a “head shop” whose stock in trade is largely paraphenalia connected with smoking marijuana.

You may claim on your 1040 that your occupation is “escort” or “model”. You may advertise your services as an escort or model. Etc. The service you are actually purporting to sell is a legal one – albeit one with a very small market. And therein lies the rather pettifogging distinction I pointed out.

[Musicat]

@DesertDog

Reminds me of an episode in Barney Miller where a hooker was robbed and is in the station house giving her statement. She said something like, “I was selling pens. A guy bought one for a hundred dollars. I went up to his hotel room to thank him . . . Skipping ahead a little bit–”

To which Miller interjected, “Please do.”

Nitpick: I think she was selling buttons, like campaign buttons, not pens.

And later, Wojo, who didn’t know why she was brought in, offered to buy a button. “That’ll be $100.” “Uhnn…no thanks.”

[UltraVires]

@Polycarp

Point taken. But you’re presuming (I believe) a trial for prostitution here. The point at which the distinction between “escort/model” and “call girl/rent boy” is worth noticing in the way I’ve pointed out is something very different.

To explain, let me draw an analogy. It’s illegal in most places to sell marijuana. But it’s quite legal (in the same most places) to operate a “head shop” whose stock in trade is largely paraphenalia connected with smoking marijuana.

You may claim on your 1040 that your occupation is “escort” or “model”. You may advertise your services as an escort or model. Etc. The service you are actually purporting to sell is a legal one – albeit one with a very small market. And therein lies the rather pettifogging distinction I pointed out.

I agree. I think. That’s why in the Yellow Pages they can list ESCORT SERVICES right out there in the open, and that’s why head shops can operate in a college town.

The head shop idea is a pretty similar one. Nobody believes that people pack loose tobacco into a bong and smoke it either, but there is nothing illegal about selling water pipes or offering companionship for an hour.

But nobody actually uses these services for what they are advertised for, and the slightest of police investigations will expose them for what they are…

[Malacandra]

@pkbites

Reminds me of a cartoon I saw once where a hooker was insisting to the police that she was only selling condoms, but they came with a free demonstration.

I recall that when I’ve given blood there was a question on the form asking if I’ve had sex with anyone in exchange for money or other valueables.

Does paying the mortgage and cable count? Because If I don’t pay the bills, I’m not getting any!

Last few times I gave, they asked if I’d ever received money or drugs in exchange for sex. Response: “I can’t even remember the last time I got bought a drink for it.”

[Contrapuntal]

@jtgain

but there is nothing illegal about selling water pipes

Tell that to Tommy Chong.