Legal Corner

These answers are accurate but understated: disclaimers are TOTALLY worthless as legal protection!confused_smile
corwinofavalon 31 Reviews 683 reads
posted

This falls into the same myth that if you ask if he's a cop, he has to tell you, which is equally absurd.  It that were the case, there would never BE any undercover!  

I would analogize the disclaimers to a thief saying, "Steal?!? Oh, hell no, I was just borrowing it!" You can claim anything you want but this issue is it reasonable.  An able prosecutor in these cases would put the disclaimer in the context of the entire arrest, especially in conjunction with the rest of the ad or website and then have an experienced vice cop explain it all, including that the lingo means exactly what anyone with a room-temperature or greater I.Q. would get: people are having sex for money!  

This is also why 300 "roses" wouldn't work either, ya don't have to Robert Landon to see thru that little code!    As always, the best way for both parties to protect themselves from LE is to try to see people with multiple reviews and a lengthy history here and/or from a referral you trust.  There's a whole bunch of other things you can do to but I don't have the time to get into it today!

Many/most providers include a legal disclaimer about the money being only for time and companionship and nothing illegal.  I'm guessing most have talked to an attorney about it.  Just wondering if this really protects the providers, I'm definitely not a lawyer so can anyone confirm if this works?  Just curious.

Not only that, but having the disclaimer is suspicious because why do you need to say you're not doing something, if you're not doing something?  We don't say that we are not selling drugs through our site... or not murderers for hire....

There is a difference, however, between the "this is not an offer of prostitution" disclaimer and the "adult material" disclaimer.  So, for example, my website warns of "adult material" to cover racy pictures which are legal for adults to view, but illegal for minors to view, but does NOT have any kind "this is not an illegal offer" disclaimer.

the fact that there was a disclaimer on a gal's site was used to prove that the gal knew what she was doing was illegal.

You might as well not use a disclaimer at all, in that  case.

(still not a lawyer)

They do not replace proper screening on either side.  In a few jurisdictions, it might be able to make a case for solicitation solely on the basis of an ad, under the local statutes.  In which case it might provide minor defense.
However, disclaimer not withstanding, once a actual sex for money statement or act takes place, it supercedes the disclaimer.   You are now in violation & subject to arrest.  
This hobby must be discete at all times.  There are only 2 persons present behind closed doors.  If one is LE, the conversation will be manipulated, misunderstood or possibly lied about to create the cause for arrest.  The ONLY protection is to NOT end up in a room with LEO.

This falls into the same myth that if you ask if he's a cop, he has to tell you, which is equally absurd.  It that were the case, there would never BE any undercover!  

I would analogize the disclaimers to a thief saying, "Steal?!? Oh, hell no, I was just borrowing it!" You can claim anything you want but this issue is it reasonable.  An able prosecutor in these cases would put the disclaimer in the context of the entire arrest, especially in conjunction with the rest of the ad or website and then have an experienced vice cop explain it all, including that the lingo means exactly what anyone with a room-temperature or greater I.Q. would get: people are having sex for money!  

This is also why 300 "roses" wouldn't work either, ya don't have to Robert Landon to see thru that little code!    As always, the best way for both parties to protect themselves from LE is to try to see people with multiple reviews and a lengthy history here and/or from a referral you trust.  There's a whole bunch of other things you can do to but I don't have the time to get into it today!

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