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  1. #1
    m4gd4l3n is offline Junior Member
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    Question Can you protect yourself with contract / warranty to be a driver for escorts?

    There have been several questions on FreeAdvice about being a driver for call-girls. The answer has been that the obvious legal risk to the driver is similar to that of a pimp; if the girl has illegal sexual conduct with her client, the driver is an accomplice. (one such post is [url]http://forum.freeadvice.com/showthread.php?p=1815375&posted=1#post1815375[/url])

    Although a lot of escorts do break prostitution laws, escort agencies often screen their girls to make sure they do not have criminal records and then make it very clear in writing that no illegal activity such as prostitution is permitted. Girls who get charged with sex crimes are fired from agencies that want to remain in business.

    Similarly, could a driver use a contract to have the call-girl certify that she will not engage in illegal sexual acts or any other illegal behaviour with her client? Would such a document serve as an affirmative defense for the driver if the escort was caught in a prostitution sting?

    Typically the role of the driver is to take the escort to her call, then wait outside in the car until it is over. The escort has a distress signal if something is wrong like calling her pager (which the driver holds on to), messing with the blinds, or turning on and off lights. If that happens the driver also doubles as security to get the escort out of the situation.

    The wording I thought about for such a document would set up a contract between the driver and the escort where the service (driving and security) would be in exchange for a certain amount of money and a legally-binding promise that all conduct during the call would be legal.

    I would expect that even with that document, if the call-girl was busted the driver would be intensely questioned by police. Would such a document likely prevent the driver from being taken into custody or charged, would it be likely that the driver would be charged but acquitted based on the document, or would it do no good at all?

    I realize this answer will be specific to Ohio but I'm trying to help these previous posters clarify their questions as well as ask my own, so I'm looking for general US law advice as well as Ohio law. I have to think that a careful person could find a way to be a driver for escorts without taking on the legal liability of the escort; after all, how can the driver know what's going on behind closed doors?

    If illegal acts violate the contract, then I would think that would protect the driver from legal responsibility by showing that the driver performed due diligence in seeking out escorts who do not break the law.

    thanks

    Ambyr
  2. #2
    xylene is offline Senior Member
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    Talking This is laughable.

    A contract cannot "wink" at the law.

    A contract that is a cover for illegal activity is an illegal contract, and void.

    A tissue thin contract such as you propose is worthless.

    You similarly cannot bind someone by contract to violate criminal law, such as you suggest with the prostitute being contractually obligated commit perjury on the drivers behalf.
  3. #3
    m4gd4l3n is offline Junior Member
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    Angry driver for escorts

    > A contract that is a cover for illegal activity is an illegal contract, and void.

    An escort by definition must not do anything illegal; if she does, she's a prostitute.

    Legal escorting means going on a date for money, where there is no expectation of sexual favors. In other words, companionship, talking, cuddling, eating icecream, watching a movie, etc. A kiss would be relatively benign.

    Crossing the line into prostitution would be fondling the genitals, speaking about or implying sexual favors in exchange for money, or in some states self-masterbation in view of the client. But my point is, there is a line, and an escort should not be crossing that line.

    > A tissue thin contract such as you propose is worthless.

    That's certainly a possibility, but I didn't know until I asked

    I do understand that many escort agencies are fronts for prostitution and many ppl who say they are escorts are really prostitutes. Do juries and judges really just assume every escort agency is a prostitution ring or isn't there a little more thought given to circumstances and whether an agency performed due-diligence in making it clear to the escorts that they were not to engage in illegal activity and educated them as to where the line was?

    > You similarly cannot bind someone by contract to violate criminal law, such as you
    > suggest with the prostitute being contractually obligated commit perjury on the drivers
    > behalf.

    I don't believe you understand; the driver is contractually binding the escort to obey all laws.

    The driver is not contractually binding the escort to commit perjury. What is stated in the contract would be that the escort would agree to comply with all local, state, and federal laws, and refrain from prostitution as defined by touching of the genitals, promising sex in exchange for money, et cetera.

    Again, I would understand if this contract is indeed paper-thin, as it might be, but I hope that a case against this idea would be more seriously thought-out. Several people on this forum have asked this question in previous posts and it would be good to fully explore the topic.

    Thanks again to anyone who can assist.

    Ambyr
  4. #4
    m4gd4l3n is offline Junior Member
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    Talking the reason why it's great for escorts to have drivers

    Here's why it's important for a liberal legal expert to find ways to make it easier for drivers to work for escorts:

    There are girls who will escort whether or not they can find a driver, for whatever reasons are hers.

    Escorting is *extremely* dangerous. You need someone watching your back. Often just the awareness that there is someone in a car waiting is enough to keep clients from doing dangerous, abusive, criminal acts to the escorts.

    Whether or not you agree with the morality of escorting, I hope you would want to help ensure the physical safety of those who do it.

    There, I've played the moral guilt-trip.
  5. #5
    xylene is offline Senior Member
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    Allow me to clarify.

    If an escort is a legal escort, than the driver is NOT breaking the law.

    Therefore the contract that "Nothing illegal is happening" doesn't come into play.

    If an escort is hooking or otherwise breaking the law, then the contract does nothing to protect the driver. Because you can't have or be bound to a contract to commit crimes.

    A contract can't be an alibi.

    So the contract means nothing.
  6. #6
    tranquility is offline Senior Member
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    A contract is evidence you did not have the requesit intent to commit a crime. Note the term evidence, not proof. What do you think a jury would decide based on the facts you're presenting? Juries don't like winks and nods. They are people like you and I who have some sense of right and wrong and how the world works.

    Now, how much faith are you going to have in this contract to keep you out of jail?
  7. #7
    m4gd4l3n is offline Junior Member
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    Unhappy defeat

    ok, well thanks for answering my question. I guess there's not really a way a driver can be safe from liability really. It sucks, because from the sex worker's point of view it would really be nice to have a driver who has your back, but it looks like that's how it is. Thanks
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by m4gd4l3n View Post
    ok, well thanks for answering my question. I guess there's not really a way a driver can be safe from liability really. It sucks, because from the sex worker's point of view it would really be nice to have a driver who has your back, but it looks like that's how it is. Thanks
    **A: I say get another job.
  9. #9
    xylene is offline Senior Member
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    Quote Originally Posted by m4gd4l3n View Post
    from the sex worker's point of view
    "Sex worker" as an occupational term only applies were such trade is legal.

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