SW5 message board May 2005 archive
SW5 message board May 2005 archive
Fri, 27 May 05
Always remember the first words of the Bible (according to the play Shopping and Fucking, anyway)
Get The Money First!
We know that some people don't do this.
Some male escorts in particular leave the money until afterwards in the hope of getting paid more than was agreed. Others don't like sorting out the money at the start, because they think it affects the "boy/girlfriend experience" they offer.
But it's risky.
The main reason for this is that the client can turn around at the end and say they're not paying.
In the UK, criminal law (the state dealing with people who are accused of commiting crimes) is largely separate from civil law (dealing with disputes between people).
Civil law
Unfortunately for escorts, contracts based on sex (e.g. "I'll have sex with you if you pay me!") will not be enforced by English courts.
One example is of a man who sold a car to a woman for a combination of money and having sex with her so many times. She then decided she didn't want to have sex with him that often, and he sued for return of the car. The courts said "tough" and she kept the car.
So it's no use suing a client who's refusing to pay you.
(Until the Gambling Act 2005, they wouldn't enforce gambling debts either, so until this year if someone refused to pay up on a bet, the courts would have said that it's a matter of honour and had nothing to do with it.)
The good news, if you've been given a cheque that's bounced or been stopped by the client, is that the courts will enforce that - it doesn't matter that the cheque was written as part of a sexual arrangement, by giving you a cheque they are acknowledging that they do owe you money.
Criminal Law
There is an offence of Obtaining Services By Deception (section one of the Theft Act 1978):
1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence2) It is an obtaining of services where the other is induced to confer a benefit by doing some act or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.
The punishment for doing so is up to five years in prison.
The deal needn't be one that the civil courts would enforce, e.g. if you have sex with someone only because they promised to pay you and they don't, they can be found guilty of this offence.
If this has happened to you, let us know. We're currently helping several escorts who have had this done to them by the same client.
Although it's necessary that money is involved, the actual deception need not be about the payment. So it is possible that a client who lies about using a condom could also be guilty if you only have sex with him on that basis.
But let's say it again: your life will be easier if you always rememberGet The Money First!
Make sure you know where the money is during the service. Wallets and bags with velcro fastenings are good for this: they make a loud tearing sound when opened, so it's difficult for anyone to open them without you noticing.
Don't keep it with any other money you have with you. It's a good idea not to have anything with you wouldn't be prepared to lose if you had to leave in a hurry anyway.
Posted by SW5 [Link] [358 comments]
SW5 (formerly Streetwise Youth) is part of the
Terrence Higgins Trust
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