Independent Call Girls in Gurgaon

What is prostitution? Is an escort service a prostitution business? Are all instances of sex for money prostitution? Are all exchanges of sex for money illegal? If not, what differentiates legal sex for money and illegal sex for money? What are the moral and ethical issues involving prostitution, sex, and money and where does the law fit in? What are the rights of the individual to have sexual intercourse and what rights does society have to control the sexual behavior of consenting adults? These are the questions I am going to attempt to answer here in an attempt to create legal arguments that I hope will be instructive to courts, judges, prosecutors, and defense lawyers in the battle over the role the government has in regulating the exchange of money for sexual contact.

It is my hope that this will be an evolving document and that others who read this will send me more information to add to these arguments. I am writing this because I think that it’s time that we as a society face certain realities about sexual behavior and the exchange of things of value for sexual contact. I believe that sex workers are being persecuted for providing legitimate and necessary services to society and that much of this persecution is from lack of understanding of the moral, scientific, and legal issues involved in making a living as a sex worker.

Legal definitions of prostitution

The laws defining and controlling prostitution vary from state to state. I live in Missouri and prostitution and other important legal concepts are defined by Missouri Statute 567-010 as follows:

“Prostitution”, a person commits prostitution if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person;

“Sexual conduct” occurs when there is

(a) “Sexual intercourse” which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or

(b) “Deviate sexual intercourse” which means any sexual act involving the genitals of one person and the mouth, hand, tongue or anus of another person; or

(c) “Sexual contact” which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party;

“Patronizing prostitution”, a person patronizes prostitution if

(a) Pursuant to a prior understanding, he gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another; or

(b) He gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him or with another; or

(c) He solicits or requests another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with another, in return for something of value;

“Something of value” means any money or property, or any token, object or article exchangeable for money or property.

Case law is used to refine these definitions because the rules and statutes are never perfect. Case law varies from state to state. Thus a specific act may be an immoral crime against society or may be perfectly legal depending on if the act is done on a specific side of a line on a map. Case law also varies based on the religious beliefs of the judges involved in making decisions and interpreting case law. And in many cases it depends on the ability and diligence of the lawyers involved in defending and prosecuting these cases. Thus there is an element of randomness involved in whether or not your sexual conduct will land you in jail. I hope this document will help eliminate much of this randomness.

What is Sex?

From a purely biological point of view, sex is the exchanging of DNA information between members of the same species of opposite sex in order to reproduce. Sexual intercourse is the act of delivering the male genetic material into the female in order to cause offspring to be created. It is essential for members of a species to have sexual intercourse in order for the species to continue to exist. Sex is essential to life. Without sex, life ceases to exist.

All advanced life on this planet requires sex to reproduce. Sexual behavior is a necessary instinct in the survival of any species. It is as necessary as the ability to hunt food, to defend against predators, to seek shelter from the weather, to breathe air, to drink, and to function as a member of a herd. We are the descendants of billions of years of sexually active individuals. Had any of our ancestors, all the way back to the primordial soup failed to engage in sexual activity, we wouldn’t be here to argue the point. Where there is no sex, there is no life. If the government were to stop all sexual activity between humans, we would become as extinct as we would if food were prohibited. It would just take longer to die out.

Like the animals, we humans are born with the sexual instincts programmed from birth into our brains. Because we are somewhat intelligent and self aware, we have developed a limited ability to control our sexual behavior. And I say a limited ability because very few humans can totally control it and those who do tend to reproduce less that those who don’t. We are the descendants of those who did not have self control. And those of us who achieve self control will not pass as much genetic information into the next generation as those who fail to achieve self control.

Sexual activity has some other secondary functions in society. Besides the exchange of genetic material, it is an activity that creates relationships between individuals and bonds them together. Thus the female not only uses the male as a semen donor to create the child, but to keep him around and involved in the rearing, feeding, and protection of the children so that they can survive to reproduce themselves. Thus sexual activity is used as entertainment in order to bond humans emotionally so they stay together to raise and protect children. This function applies to both homosexual and heterosexual couples and it applies to sexual acts that don’t lead to directly to reproduction such as oral and anal sex, and vaginal sex between married couples whom are no longer capable of reproducing.

As an instinct, sexual activity and sexual contact is necessary to an individuals psychological well being. The urges to reproduce are etched into the brain from birth and it is necessary for people to engage in sexual contact in order to create a sense of personal well being. It is well known and established that humans who engage in sexual activity with others are generally happier and more productive than those who don’t are. So even if the sexual activity of the person doesn’t lead to reproduction, it is still necessary to satisfy the human instinct to at least go through the motions to attempt to reproduce.

Much of the human body is dedicated to reproduction and sexual activity. The more sexual a person is, the more likely they are to reproduce. Even acts of masturbation are necessary to reproduction. In women it stimulated the lining of the uterus to renew its lining in preparation for pregnancy. In men masturbation is necessary to rid the body of aging sperm to be replaced by fresh young sperm that are more likely to lead to reproduction. Even in people who are incapable of reproduction, these instincts are still present and part of human nature and necessary functions for the well being of the individual.

Fundamental Rights

In ancient times people had no fundamental rights. A person’s rights were defined by their personal ability to survive. Kings would slaughter whomever they wished and justice was not a factor. 200 years ago America formed a new form of government that was a government of the people for the purpose of serving rather than ruling the citizens. We created a constitution that outlined a concept referred to as the fundamental rights of the individual to pursue life liberty and happiness. We aspire to be a free society that allows a person to choose his own destiny and make his own choices free of government intrusion. Government was to stay out of a person’s private life unless the rights of one person intruded on the rights of others or the common good of the public. What this means is that the State was to mind its own business unless there was a damn good reason to interfere.

Some examples of fundamental rights include the freedom to speak your mind without the State interfering with the free flow of ideas. We have the right to freedom of religion so that everyone can worship God, or not worship God, as he sees fit. Freedom of religion is the freedom to believe what you want and to not have the State impose religious beliefs on its citizens. Even if a majority of the citizens have a particular religious commonality, such as believing in Christ, they don’t have the right to make a Buddhist share that belief and more that a Buddhist has the right to force Christians to believe in reincarnation.

We also have the right to be secure in our persons. We have the right to defend ourselves against attack. We have the right to own property and to keep the state from taking our property without due process of law. We have the right to liberty and to privacy and to be human beings and to express our human nature. We have the right to get married, have sex, and to reproduce. Generally, any human activity that is our human nature is, or at least should be recognized by the State as a fundamental human right.

Sexual behavior is in our nature and is an integral part of being human beings. Thus any laws that restrict sexual behavior must be construed narrowly so as not to violate our fundamental rights to be human beings. There are legitimate reasons, for example, for the State to prohibit sexual activity with children. This is because the sexual activity of one person acts to the detriment of another person, a child, who is not capable of understanding for the purpose of consenting to sexual activity. The minor child is also not capable in many cases of refusing the sexual advances of the adult and it is necessary for the State to step in and say No in behalf of the child. But beyond protecting children from sexual activity and protecting people against non-consensual sex, and public health issues, the State is required by the Constitution to not interfere with the individuals personal sexual behavior.

Sex and Money

Other that breathing and eating, people spend much of their time involved in reproductive activities or making and spending money. Sex is everywhere. If we aren’t having intercourse, we’re thinking about having intercourse. Much time and effort is spent trying to or preparing for intercourse. Men and women both spend a lot of time and money to have sex. We buy clothes to look good to the opposite sex and to send messages to keep sexual competitors at bay. We put on chemicals that smell good and stimulate a sexual response in the person we are trying to attract. Men work to make money to buy a house and to accumulate money and security to attract women so that there is a stable enough environment for a woman to feel comfortable to have children.

Women know instinctively to be attracted to men who are capable of not only producing quality genetic material, but to show that he can be a source of food, clothing, and shelter so as to raise children to reproductive age. It is human nature for a male to demonstrate his ability to be a resource to the female so as to get her to consider him as a possibility to father her children. Thus sex and money are closely related.

In the animal kingdom the strongest males drive off other males and defend the females and offspring from predators. Human females are similar in that females who carefully select their males on the basis of being able to sustain a family have reproduced more successfully than females who were less discriminating. Thus women have evolved to want men with money. And men have evolved to make money as a means of attracting women. Sex and money have a biological connection.

Men and women both spend huge amounts of money to make themselves more attractive. Why do men and women wear false hair pieces? Because it visually stimulates potential sex partners. Why do women get breast implants? The reason is not to enhance the feeding of babies. These implants are to make themselves more sexually desirable to men. One only has to look at the amount of money spent on clothing, perfumes, makeup, and Viagra to see that people are willing to spend a great deal of money in order to get sexual contact. So if it is moral to spend huge amounts to get the chance to have sex, then it seems to follow that some people are likely to spend money directly to have sex.

Having sex, thinking about having sex, and preparing to have sex involves a lot of the average person’s time in the average day. People also spend a lot of time earning a living, making money, spending money, or saving money. There is also a lot of time and money spent in relation to having sex. Families are very expensive. Raising kids and educating them is all part of sexual reproduction. With so mush of humanity involved in money and sex, there are going to be a huge number of transactions that involve both money and sex at the same time. In fact, there are probably very few sexual encounters where money isn’t somehow involved. Even marriage, the most widely accepted form of sexual union, is in legal terms a contract in which the two parties merge their property. In a relationship without children, a marriage contract is really a property contract in the eyes of the courts.

Sex, Money, and Prostitution

If prostitution is sex for money and money plays a part in most sex acts, then is most sex really prostitution? If prostitution were defined that simply, the answer would be Yes. But we all know that’s not the case. Prostitution isn’t just the union of sex and money, which occurs all the time, it’s specifically sex for money. For an act to be prostitution there has to be an understanding that the person is paying money to have sex. That narrows it down a lot.

Thus if a man buys a woman flowers and chocolates in hopes that she will have intercourse, or a woman cooks dinner for a man hoping for sexual contact, that’s not prostitution. Even if a man gives a woman money as a gift because he is expecting or hoping for sexual contact in exchange for the gift, that’s not prostitution. So there is a lot of cases where people spend money to get sex that is not prostitution because is lacks a specific agreement to have sex in exchange for “something of value”.

Under Missouri law the definition of “something of value” is interesting in that it is defined as something exchangeable for money or property. It doesn’t define services as something of value, especially services that don’t produce a product that can be exchanged for money or property. Thus, the way I read Missouri law, a woman can have sex with her lawyer in exchange for legal services because legal services don’t fit the definition of “something of value” as defined by statute. If a woman offered sex to a man for fixing her car, that might go either way based on the idea that maintenance could be construed as increasing the resale value of the car. If a woman traded sex for a man managing a stock portfolio, it would only be prostitution if he made money in the market.

Is Sex for Money always Prostitution?

Although the law defines prostitution as basically sex for money, this rule doesn’t always apply. There are many cases where people are paid money or “something of value” in exchange for sexual contact and it is not prostitution. It seems logical at this point to list examples of sex for money that is not prostitution in order to more accurately develop a set of rules to determine what prostitution is by examining what it is not.

For example, the making of a porn movie is not prostitution. But in a porn movie you have sexual contact and the actors are paid to have sex in front of a camera. This is clearly sex for money, but it’s not prostitution.

We have all seen movies involving love making on the screen. Many sex scenes have even made it to prime time television. They involve simulated sex. Simulated sex is where the actors don’t have genital penetration. The visuals are often faked, although in many cases, real sexual stimulation occurs. Although much of the sex is simulated sex, often the scene involves the licking of nipples, grinding of groins, kissing of the thighs and navels, penises get hard, faces get red, nipples become erect. These acts are real and these people are doing it for money. Is this prostitution? No! Is this sex for money? Yes it is. But, they’re making a movie. Thus it is legal to have sex for money in the context of making a movie.

A man goes into a topless bar and sits down next to the stage. He pulls out a dollar bill, folds it lengthwise and lays it on the stage. The female dancer sees the money and moves right in front of him. She shakes her breasts in his face, spreads her legs, shows him her ass and moves her hips in a humping motion. She then turns and hisses him on the forehead and pulls her garter indicating for him to put the money there. He does, and she repeats the performance for the next man with a dollar. Is this prostitution? No. Is it sex for money? Yes it is. But it’s dancing.

A woman is working for a large company. Her supervisor is a handsome single man. An opportunity for a promotion opens up. She indicates to her supervisor that she’s willing to have sex with him if she gets the job. The new job pays more than her present job. They have known each other for years and have dated in the past but never had sex. She has sex with him and she gets the job. Is it unethical? Yes it is. Is it sex for money? Yes it is. Is it prostitution? No.

A man and a woman are dating. They are out shopping and she sees something she wants. He asks if he buys the item for her if she’ll have sex with him. She agrees. Is that prostitution? No. Is it sex for money? Yes it is. But it’s in the context of a relationship. It may be a screwed up relationship, but it’s not a crime. We are Americans and we have the right to have a screwed up relationship.

A couple is having sexual problems. Their marriage is in a rut and they are talking about divorce. The problem is that the “spark” is gone. Sex just isn’t good any more. That may be a bad reason to divorce, but it happens. In an attempt to save the relationship, the go to a sexual counselor. The counselor examines the couple and determines that they need training in sexual technique. This training is to be accomplished by sexual surrogates. The couple is taken to a room where a staff male and a staff female engage in sexual intercourse with the couple and train them in sexual techniques. The staff members are total strangers and are having sex with the couple for money. Is this prostitution? No! Is it sex for money? Yes it is. But it is in the context of therapy. Even if the sexual surrogates are not licensed or trained it’s not prostitution. It is at best a license violation.

A smart young man has an affair with a rich old woman. She is lonely and she desperately wants sexual contact. He lives with her and takes care of her needs. She takes care of his expenses. Both know what’s going on. He knows if he doesn’t give her sex that he’s gone. She knows that if she doesn’t give him money he’s gone. However, they have lived together for a long time and are both getting what they want. Is this prostitution? No. Is it sex for money? Yes it is. A prosecutor might in theory be able to press criminal charges, but what jury would actually convict either party of prostitution, especially if there were other things that they did together besides sex and money.

A man pulls his truck into a truck stop to spend the night. Just as he parks a woman knocks on his door and asks him if he wants a date. He says, “how much for a blow job?” She responds, I’ll suck you for Rs 5000. He gives her a pair of twenties and she goes for it. Is this prostitution? Yes it is.

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